Kentucky Statutes 217.610 – Department to issue “stop sale, use or removal” order — Appeal
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The department shall issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of pesticide and to hold it at a designated place when it finds said pesticide is being offered or exposed for sale in violation of the provisions of KRS § 217.542 to KRS § 217.630 until the law has been complied with and said pesticide is released in writing or said violation has been otherwise legally disposed of by written authority; provided, that the owner or custodian of such pesticide shall have the right to appeal from such order to a court of competent jurisdiction in the county where the said pesticide or pesticides are found, praying for a judgment as to the justification of said order, and for the discharge of such pesticide from the order prohibiting the sale in accordance with the findings of the court; and, provided further, that the provisions of this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of KRS § 217.542 to KRS § 217.630. The department shall release the pesticide so withdrawn when the requirements of the provisions of KRS
217.542 to 217.630 have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 295, sec. 57, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 200, sec. 11. — Created 1956 Ky. Acts ch. 218, sec. 9, effective
July 1, 1956.
217.542 to 217.630 have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
Terms Used In Kentucky Statutes 217.610
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Pesticide: means any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest. See Kentucky Statutes 217.544
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 295, sec. 57, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 200, sec. 11. — Created 1956 Ky. Acts ch. 218, sec. 9, effective
July 1, 1956.