RCW 15.58.170
"Stop sale, use or removal" order—Adjudication.
(1) After service of a "stop sale, use or removal" order is made upon any person, either that person or the director may file an action in a court of competent jurisdiction in the county in which a violation of this chapter or rules adopted under this chapter is alleged to have occurred for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this chapter or rules adopted under this chapter: PROVIDED, That no authority is granted hereunder to affect the sale or use of products on which legally approved pesticides have been legally used.
(2) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs, and the proceeds, if such pesticide or device is sold, less cost including legal costs, shall be paid to the state treasury: PROVIDED, That the pesticide or device shall not be sold contrary to the provisions of this chapter or rules adopted under this chapter. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling or reprocessing as the case may be.
(3) When a decree of condemnation is entered against the pesticide, court costs, fees, and storage and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.
[ 1997 c 242 § 3; 1989 c 380 § 13; 1971 ex.s. c 190 § 17.]
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.58 - Washington Pesticide Control Act.
15.58.020 - Declaration of public interest.
15.58.040 - Director's authority—Rules.
15.58.045 - Disposal of unusable pesticides—Rules.
15.58.050 - Registration of pesticides—Generally.
15.58.060 - Statement for registration—Contents.
15.58.065 - Protection of privileged or confidential information.
15.58.080 - Additional fee for late registration renewal.
15.58.090 - Certain agencies may register without fee—Not subject to RCW 15.58.180.
15.58.100 - Criterion for registering.
15.58.110 - Refusing or canceling registration—Procedure.
15.58.120 - Suspension of registration when hazard to public health.
15.58.130 - "Misbranded" as applicable to pesticides, devices, or spray adjuvants.
15.58.140 - "Adulterated" as applicable to pesticides.
15.58.150 - Unlawful practices.
15.58.160 - Violations of chapter—"Stop sale, use or removal" order.
15.58.170 - "Stop sale, use or removal" order—Adjudication.
15.58.180 - Pesticide dealer license—Generally.
15.58.200 - Pesticide dealer manager—License qualifications.
15.58.205 - Structural pest inspector licenses—Required—Exemptions.
15.58.206 - Structural pest inspector licenses—Exemption—Home inspectors.
15.58.207 - Structural pest inspector licenses—Examination.
15.58.210 - Pest control consultant licenses—Required—Exemptions.
15.58.220 - Public pest control consultant license.
15.58.230 - Consultant's license—Requirements.
15.58.233 - Renewal of licenses—Recertification standards.
15.58.235 - Renewal of licenses—Delinquency.
15.58.240 - Classification of licenses—Examinations—Fees.
15.58.250 - Recordkeeping requirements.
15.58.270 - Subpoenas—Witness fees.
15.58.290 - Minor violations, warning notice in writing.
15.58.300 - Persons exempted from certain penalties under RCW 15.58.150.
15.58.310 - Pesticides for foreign export not in violation of chapter.
15.58.320 - Certain pharmacists exempted from licensing provisions.
15.58.330 - Violation of chapter—Misdemeanor.
15.58.345 - Damages—Civil action not precluded.
15.58.350 - Persons charged with enforcement barred from interest in pesticides, devices.
15.58.360 - No recovery of damages when probable cause.
15.58.400 - Cooperation and agreements with other agencies.
15.58.405 - Emergency situations—Special local needs—Experimental use permits.
15.58.420 - Report to legislature.
15.58.445 - Wood destroying organism inspections—License required.
15.58.450 - Wood destroying organism inspection report—Unique inspection control number required.
15.58.460 - Structural pest inspector—Evidence of financial responsibility required—Exemptions.
15.58.465 - Structural pest inspector—Forms of evidence of financial responsibility—Amount—Terms.
15.58.470 - Structural pest inspector—Failure to meet financial responsibility requirements.
15.58.910 - Continuation of rules adopted pursuant to repealed sections.