Effective - 28 Aug 1982
281.300. Seizure and condemnation of unlawful pesticides — director's powers and duties. — 1. Any pesticide that is distributed, sold, offered for sale, or held for sale within this state, or which is delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state, shall be liable to be proceeded against in any circuit court in any county of this state where it may be found for purposes of confiscation and condemnation:
(1) If it is adultered or misbranded;
(2) If it has not been registered under the provisions of sections 281.210 to 281.310; or
(3) If it fails to bear on its label the information required by sections 281.210 to 281.310.
2. If the pesticide is condemned as the result of court action, it shall, after entry of decree, be disposed of by destruction, or sale, as the court may direct, and the proceeds, if such pesticide is sold, less legal costs, shall be paid to the state treasurer; provided, that, the pesticide shall not be sold contrary to the provisions of sections 281.210 to 281.310; and provided further, that upon payment of costs of execution and delivery of a good and sufficient bond conditioned upon the promise that the pesticide shall not be disposed of unlawfully, the court may direct that such pesticide be delivered to the owner thereof for relabeling or reprocessing, as the case may be.
3. When the director has reasonable cause to believe any pesticide is being distributed in violation of any of the provisions of sections 281.210 to 281.310, or of any of the prescribed rules promulgated pursuant to sections 281.210 to 281.310, he may issue and enforce a written or printed "stop sale, use or removal" order, warning the owner or custodian of any such pesticide or device not to dispose of the pesticide or device in any manner until written permission is given by the director or the court. If the owner or custodian is not available for service of the order upon him, the director may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The director shall release the pesticide so withdrawn when such provisions and rules have been complied with. If compliance is not obtained within thirty days, the director may begin or, upon request of the distributor or registrant, shall begin, proceedings for condemnation.
4. When a decree of condemnation is entered against the pesticide, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide.
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(L. 1955 p. 26 § 9, A.L. 1978 H.B. 1634, A.L. 1982 H.B. 1514 §§ 263.350, 263.360)
Structure Missouri Revised Statutes
Title XVII - Agriculture and Animals
Section 281.005 - Preemption of all ordinances and rules of political subdivisions.
Section 281.010 - Short title.
Section 281.015 - Director of agriculture to administer.
Section 281.015 - Director of agriculture to administer.
Section 281.020 - Definitions.
Section 281.020 - Definitions.
Section 281.023 - Director may enter into cooperative agreements with political subdivisions.
Section 281.030 - Classification of licenses, how made — rulemaking powers — fees.
Section 281.030 - Classification of licenses, how made — rulemaking powers — fees.
Section 281.060 - Sanctioning of license, when — civil penalty, when, amount, enforcement of.
Section 281.063 - Director may subpoena witnesses and documents, when.
Section 281.063 - Director may subpoena witnesses and documents, when.
Section 281.075 - Reciprocal licensing authorized, when.
Section 281.075 - Reciprocal licensing authorized, when — agent to be designated by nonresidents.
Section 281.085 - Pesticide containers, regulation of, handling of.
Section 281.085 - Pesticide containers, regulation of, handling of.
Section 281.090 - Stop orders, when — effect of.
Section 281.095 - Appeals, how taken.
Section 281.100 - Instructional courses, how conducted.
Section 281.101 - Unlawful acts.
Section 281.101 - Unlawful acts.
Section 281.102 - Delayed effective date.
Section 281.105 - Penalty for violations.
Section 281.110 - Authorization to accept federal aid.
Section 281.115 - Director's rules, ratification of.
Section 281.116 - Inspectors for wood-destroying insects, licenses required.
Section 281.210 - Citation of law — administration by director of agriculture.
Section 281.220 - Definitions.
Section 281.230 - Rules and regulations, authority.
Section 281.265 - Pesticide education fund created, use of moneys.
Section 281.300 - Seizure and condemnation of unlawful pesticides — director's powers and duties.