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 court of competent jurisdiction in the county in which a violation of this chapter or regulations adopted thereunder 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 regulations adopted thereunder.
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 such pesticide or device is sold, the proceeds, less costs 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 regulations adopted thereunder. 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, reprocessing, or otherwise bringing the product into compliance.
HISTORY: 1975 (59) 284.
Structure South Carolina Code of Laws
Chapter 13 - Pesticide Control Act
Section 46-13-10. Short title; administration.
Section 46-13-20. Definitions.
Section 46-13-30. Duties delegated to Director.
Section 46-13-40. Registration of pesticides and devices.
Section 46-13-45. Pesticide registration fees; classes of fees.
Section 46-13-50. Licensing of pesticide dealers.
Section 46-13-55. Regulation of structural pest control activity.
Section 46-13-60. Standards for certification of pesticide applicators; applicators' licenses.
Section 46-13-70. Classification of certified applicators' licenses.
Section 46-13-80. Expiration and renewal of licenses.
Section 46-13-90. Denial, suspension, revocation, or modification of licenses and certificates.
Section 46-13-100. Financial responsibility required for commercial applicator's license.
Section 46-13-110. Reporting of accidents and incidents.
Section 46-13-120. Records as to use of restricted use pesticides.
Section 46-13-130. Reciprocity.
Section 46-13-140. Exemptions from licensing requirements.
Section 46-13-150. Pesticide advisory committee.
Section 46-13-160. Information and courses of instruction.
Section 46-13-170. Inspection of premises; legal actions; "stop sale, use, or removal" orders.
Section 46-13-175. Discretion to make pesticides available for minor uses.
Section 46-13-185. Prosecution of criminal violators; use of counsel.
Section 46-13-200. Adjudication of alleged violations; disposal of condemned pesticides or devices.
Section 46-13-210. Judicial review.
Section 46-13-220. Delegation of authority to employees of Clemson University.
Section 46-13-230. Disposition of fees.
Section 46-13-240. Federal, interstate, and intrastate cooperation.