When the department has reasonable cause to believe a pesticide or device is being distributed, used, stored or transported in violation of any of the provisions of the Pesticide Control Act or regulations adopted pursuant thereto, the department may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available to receive the order, the department may attach the order to the pesticide or device and notify the registrant. The pesticide or device shall not be distributed, used or removed until the provisions of the Pesticide Control Act have been complied with and the pesticide or device has been released in writing under conditions specified by the department or the alleged violation has been otherwise disposed of as provided in the Pesticide Control Act by a court of competent jurisdiction.
History: 1953 Comp., § 45-25-11, enacted by Laws 1973, ch. 366, § 11.
Cross references. — For judicial action after stop sale, use or removal order, see 76-4-12 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 42.
Structure New Mexico Statutes
Section 76-4-2 - Enforcing agency.
Section 76-4-5 - Prohibited acts.
Section 76-4-6 - Registration.
Section 76-4-7 - Experimental use permits.
Section 76-4-8 - Refusal to register; cancellation; suspension.
Section 76-4-9.1 - State preemption.
Section 76-4-10 - Sampling and examination of pesticides or devices; residue analysis.
Section 76-4-11 - "Stop sale, use or removal" order.
Section 76-4-12 - Judicial action after "stop sale, use or removal" order.
Section 76-4-13 - Pesticide dealer license.
Section 76-4-14 - Pest management consultant.
Section 76-4-15 - Public pest management consultant.
Section 76-4-16 - Examinations for pest management consultant license.
Section 76-4-17 - Commercial pesticide applicator license.
Section 76-4-18 - Operator license.
Section 76-4-19 - Application of act to governmental entities; public applicator's license required.
Section 76-4-20 - Private applicators.
Section 76-4-20.1 - Noncommercial applicator license.
Section 76-4-21 - Expiration date of licenses.
Section 76-4-24 - Surety bond or insurance required of commercial pesticide applicators.
Section 76-4-26 - Inspection of equipment.
Section 76-4-27 - License plates or decals for apparatus.
Section 76-4-28 - Farmer or rancher exemption.
Section 76-4-30 - Discarding and storing of pesticides and pesticide containers.
Section 76-4-31 - Access to public or private premises.
Section 76-4-32 - Classification of licenses.
Section 76-4-35 - Persons exempted from certain penalties.
Section 76-4-37 - Publication of information.