Judicial Actions After Stop Sale, Use, or Removal Order Generally; Injunctions; Condemnation; Disposition of Condemned Pesticide or Device; Costs and Expenses

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Plant Disease, Pest Control, and Pesticides
  5. Control of Pesticides
  6. Judicial Actions After Stop Sale, Use, or Removal Order Generally; Injunctions; Condemnation; Disposition of Condemned Pesticide or Device; Costs and Expenses

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  1. After service of a stop sale, use, or removal order is made upon any person, either that person, the registrant, or the Commissioner may file an action in a court of competent jurisdiction in the appropriate county 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 article or regulations adopted hereunder.
  2. If the pesticide or device is condemned, after entry of decree it shall 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 retained pursuant to the provisions of Code Section 45-12-92.1, provided that the pesticide or device shall not be sold contrary to this article or regulations adopted hereunder. 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, removal from the state, or otherwise bringing the product into compliance.
  3. When a decree of condemnation is entered against a 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.

(Ga. L. 1950, p. 390, § 11; Ga. L. 1976, p. 282, § 13; Ga. L. 2010, p. 9, § 1-4.2/HB 1055.)


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