§ 3.1-249.77. (Repealed effective October 1, 2008) "Stop-sale or removal" orders; "Stop-use" orders; judicia...
A. The Commissioner or his duly authorized agent shall issue and enforce a written or printed "stop sale or removal" order directed to the owner or custodian of any lot of pesticide, requiring him to hold it at a designated place, when the Commissioner or his duly authorized agent has reason to believe that the pesticide is being offered for sale or use or is being used in violation of any of the provisions of this chapter, until the Virginia Pesticide Control Act (§ 3.1-249.27 et seq.) has been complied with and the pesticide is released in writing by the Commissioner or his duly authorized agent, or the violation has been otherwise legally disposed of by written authority. The owner or custodian of such pesticide shall have the right to administrative and judicial review of such order in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). The provisions of this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter. The Commissioner or his duly authorized agent shall release the pesticide so withdrawn when the requirements of the provisions of this chapter have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
B. The Commissioner or his duly authorized agent shall issue and enforce a written or printed "stop-use" order directed to a person or business when the Commissioner or his duly authorized agent has reason to believe that any pesticide is being offered for sale or use or is being used in violation of any of the provisions of this chapter, until the Virginia Pesticide Control Act has been complied with or the violation has been otherwise legally disposed of by written authority. The person or business shall have the right to administrative and judicial review of such order in accordance with the provisions of the Administrative Process Act. The provisions of this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter.
(Code 1950, § 3-208.46; 1966, c. 702; 1981, c. 260; 1986, c. 615, § 3.1-248; 1989, c. 575; 1993, c. 773.)
Sections: Previous 3.1-249.64 3.1-249.65 3.1-249.66 3.1-249.67 3.1-249.68 3.1-249.69 3.1-249.70 3.1-249.71 3.1-249.72 3.1-249.73 3.1-249.74 3.1-249.75 3.1-249.76 3.1-249.77 3.1-249.78 NextLast modified: April 16, 2009