3-354. Cease and desist orders; condemnation and destruction or sale of noncomplying pesticides or devices

A. When the director finds from investigation that any pesticide or device being distributed or delivered for transportation or transported in intrastate commerce or between points within the state through any point outside this state does not meet the requirements of this article as follows, the director may take the action prescribed by subsection B of this section:

1. In the case of a pesticide:

(a) If it is adulterated or misbranded.

(b) If it has not been registered, if necessary, under section 3-351.

(c) If it fails to bear on its label the information required by law.

(d) If it is a white powder pesticide and is not colored as required under this article.

2. In the case of a device, if it is misbranded.

B. Upon the discovery of any of the facts set forth in subsection A of this section:

1. The director may serve the person violating this article with a cease and desist order requiring the person, on receiving the notice, to immediately cease and desist the violation. The order shall be served by any method of service authorized by the Arizona rules of civil procedure.

2. The department may issue and serve a written cease and desist order on the owner or custodian of any pesticide or device found to be in violation of this article. The pesticide or device shall not be sold, used or removed until this article has been complied with and the pesticide or device has been released in writing by the director or the violation has been otherwise disposed of as provided in this article by a court of competent jurisdiction.

3. If the director discovers any pesticide or device that is in violation of this article, and the owner or custodian is not available for service of the order, the director may attach the order to the pesticide or device and the pesticide or device shall not be sold, used or removed until this article has been complied with and the pesticide or device has been released in writing by the director or the violation has been otherwise disposed of as provided in this article by a court of competent jurisdiction.

C. After a cease and desist order is served on any person, either that person or the director may file an action in the superior court in the county in which a violation of this article is alleged to have occurred for an adjudication of the alleged violation. The court may issue temporary or permanent injunctions, mandatory or restraining, and intermediate orders it deems necessary or advisable. The court may order condemnation of any pesticide or device that does not meet the requirements of this article. The action shall be tried de novo.

D. If the article is condemned, it shall be disposed of, after entry of decree, by destruction or sale as the court directs, and the proceeds, if the article is sold, less legal costs, shall be paid into the pesticide trust fund. On payment of costs and execution and delivery of a good and sufficient bond conditioned so that the article shall not be disposed of unlawfully, the court may direct that the article be delivered to the owner of the article for relabeling or reprocessing as the case may be.

E. When a decree of condemnation is entered against the article, court costs, fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.