§ 23-25-22. Judicial action after “stop sale, use, or removal” order.
(a) After service of a “stop sale, use, or removal” order is made upon any person, either that person, the registrant, or the director may file an action in a superior court in the county in which a violation of this chapter or regulations adopted under this chapter is alleged to have occurred for an adjudication of the alleged violation. The court in that action may issue temporary or permanent injunctions, mandatory or restraining, and any 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 regulations adopted under this chapter.
(b) 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 if the pesticide or device is sold, the proceeds, less costs including legal cost, shall be paid to the general treasury as provided in § 23-25-32; provided, that the pesticide or device shall not be sold contrary to the provisions of this chapter or regulations 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 its owner for relabeling, reprocessing, removal from the state, or otherwise bringing the product into compliance.
(c) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.
History of Section.P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-22; P.L. 1979, ch. 39, § 1.
Structure Rhode Island General Laws
Chapter 23-25 - Pesticide Control
Section 23-25-1. - Short title.
Section 23-25-2. - Enforcing official.
Section 23-25-3. - Declaration of purpose.
Section 23-25-4. - Definitions. [Effective until January 1, 2024.]
Section 23-25-5. - Misbranded.
Section 23-25-6. - Registration.
Section 23-25-6.1. - Registration fee — Surcharge.
Section 23-25-7. - Experimental use permits.
Section 23-25-8. - Refusal to register — Cancellation — Suspension — Legal recourse.
Section 23-25-10. - Applicator categories for certification — Standards.
Section 23-25-11. - Prohibitions for applicators.
Section 23-25-12. - Licenses for commercial applicators — Rules and regulations.
Section 23-25-13. - Certification of commercial applicators — Renewal — Regulations.
Section 23-25-14. - Certification of private applicators — Renewal — Regulations.
Section 23-25-16. - Monitoring of environment.
Section 23-25-19. - Storing and disposal of pesticides and pesticide containers.
Section 23-25-20. - Enforcement.
Section 23-25-21. - “Stop sale, use, or removal” order.
Section 23-25-22. - Judicial action after “stop sale, use, or removal” order.
Section 23-25-24. - Cooperation with other agencies.
Section 23-25-25. - Publication of information.
Section 23-25-26. - Reports of pesticide accidents or incidents.
Section 23-25-27. - Subpoenas.
Section 23-25-28. - Penalties.
Section 23-25-29. - Protection of trade secrets and other information.
Section 23-25-30. - Delegation of director’s duties.
Section 23-25-31. - Reciprocal agreements.
Section 23-25-32. - Budget — Receipt and disposition of funds.
Section 23-25-33. - Severability.
Section 23-25-34. - Prior liability.
Section 23-25-35. - Repeal of inconsistent acts.
Section 23-25-36. - Protective clothing and equipment.
Section 23-25-37. - Pesticide applications and notification of pesticide applications at schools.
Section 23-25-39. - Report on lawn care pesticide use.
Section 23-25-40. - Neonicotinoids restricted. [Effective January 1, 2024.]