Maine Revised Statutes Title 7 Sec. 612 – “Stop sale, use or removal” order
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Terms Used In Maine Revised Statutes Title 7 Sec. 612
- Device: means any instrument or contrivance, other than a firearm, that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than a human being and other than a bacterium, virus or other microorganism on or in a living human being or other living animal. See Maine Revised Statutes Title 7 Sec. 604
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- Pesticide: includes a highly toxic pesticide. See Maine Revised Statutes Title 7 Sec. 604
- Registrant: means a person who has registered any pesticide pursuant to the provisions of this subchapter. See Maine Revised Statutes Title 7 Sec. 604
When the board has reasonable cause to believe a pesticide or device is being distributed, stored, transported or used in violation of any of the provisions of this subchapter or of any of the rules adopted pursuant to this subchapter, it may issue and serve a written “stop sale, use or removal” order upon the owner or custodian of that pesticide or device. If the owner or custodian is not available for service of the order, the board may attach the order to the pesticide or device and notify the owner or custodian and the registrant. The pesticide or device may not be sold, used or removed until the provisions of this subchapter have been complied with and the pesticide or device has been released in writing under conditions specified by the board or the violation has been otherwise disposed of as provided in this subchapter by a court of competent jurisdiction. The issuance of such an order is not a licensing or an adjudicatory proceeding as defined by the Maine Administrative Procedure Act. [PL 2005, c. 620, §12 (AMD).]
SECTION HISTORY
PL 1975, c. 382, §3 (NEW). PL 1977, c. 694, §65 (AMD). PL 1989, c. 878, §E11 (AMD). PL 2005, c. 620, §12 (AMD).