Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
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(1) Upon satisfactory evidence that a manufacturer, distributer, licensee, or registrant has used fraudulent or deceptive practices in the registration, licensing, or distribution of a commercial feed or customer-formula feed, the department may:
(a) suspend or revoke the registration or license of any brand name of commercial feed or customer-formula feed; or
(b) refuse to register or license any brand name or product of commercial feed or customer-formula feed.
(2)
(a) The department may issue a "stop sale, use, or removal order" to the distributor or owner of any commercial feed or lot of commercial feed that it finds or has reason to believe is misbranded, adulterated, or otherwise in violation of this chapter.
(b) The order described in Subsection (2)(a) shall be in writing and no commercial feed subject to the order shall be moved, offered, or exposed for sale, except upon subsequent written release by the department.
(c) Before an order release is issued, the department may require the distributor or owner of the "stopped" commercial feed or lot of commercial feed to pay the expense incurred by the department in connection with the withdrawal of the product from the market.
(3)
(a) The department is authorized in a court of competent jurisdiction to seek:
(i) an order of seizure or condemnation of a commercial feed;
(ii) a temporary restraining order; or
(iii) a permanent injunction to prevent the violation of this chapter.
(b) No bond shall be required of the department in an injunctive proceeding brought under this section.
(4) If the court orders condemnation of a commercial feed, the commercial feed shall be disposed of as the court directs, provided the order gives the manufacturer, distributor, licensee, or registrant an opportunity to apply to the court for permission to:
(a) relabel, reprocess, or otherwise bring the commercial feed into conformance with this chapter and administrative rules; or
(b) remove the commercial feed from the state.
(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the commercial feed.