80-8-303. Embargo. (1) Whenever a duly authorized agent of the department of agriculture finds or has probable cause to believe that any pesticide or device is adulterated or misbranded, has not been registered under the provisions of 80-8-201, fails to bear on its label the information required by this chapter, or is a white powder pesticide and is not colored as required under this chapter, the agent shall affix to the article a tag or other appropriate marking giving notice of the failure and stating that the article has been detained or embargoed and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. A person who removes or disposes of a detained or embargoed article by sale or otherwise without prior permission or who removes or alters the tag or marking is guilty of a misdemeanor and may be charged accordingly or may be subjected to appropriate administrative proceedings, or both.

(2) When an article detained or embargoed under subsection (1) has been found by the agent to be in violation of subsection (1) and after 30 days the violation has not been resolved, the agent may petition the district court in whose jurisdiction the article is detained or embargoed for a condemnation of the article. When the agent has found that an article detained or embargoed is not adulterated or misbranded, the agent shall remove the tag or other marking.

(3) If the court finds that a detained or embargoed article is in violation of this chapter or rules adopted under this chapter, the article must after entry of the decree be destroyed at the expense of the claimant of the article, under the supervision of the agent, and all court costs and fees and storage and other proper expenses must be assessed against the claimant of the pesticide or device or the claimant's agent. However, when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after costs, fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned upon the proper labeling or processing of the pesticide or device, may by order direct that the article be delivered to the claimant of the article for labeling or processing under the supervision of an agent of the department. The expense of supervision must be paid by the claimant. The article must be returned to the claimant of the pesticide or device on the representation to the court by the department that the article is no longer in violation of this chapter and that the expenses of supervision have been paid.

History: En. Sec. 8, Ch. 403, L. 1971; amd. Sec. 28, Ch. 13, L. 1977; amd. Sec. 3, Ch. 462, L. 1977; R.C.M. 1947, 27-220; amd. Sec. 7, Ch. 184, L. 1981; amd. Sec. 2604, Ch. 56, L. 2009; amd. Sec. 10, Ch. 244, L. 2017.