Maine Revised Statutes Title 7 Sec. 613 – Judicial action after “stop sale, use or removal” order
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The following provisions govern judicial actions concerning a “stop sale, use or removal” order by the board. [PL 2005, c. 620, §13 (NEW).]
1. Filing action; adjudication. After service of a “stop sale, use or removal” order is made upon any person, either that person, the registrant or the board may file an action in a court of competent jurisdiction in the district in which the violation is alleged to have occurred for an adjudication of the alleged violation. The court may issue temporary or permanent injunctions, mandatory or restraining, and any intermediate orders it determines necessary or advisable. The court may order condemnation of any pesticide or device that does not meet the requirements of this subchapter or rules adopted under this subchapter.
[PL 2005, c. 620, §13 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 613
- 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
- 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.
- Person: means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 604
- 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
2. Disposition of condemned pesticide; costs and fees. If the court orders that a pesticide or device is condemned, the court shall direct that the pesticide or device be disposed of by destruction or sale. If the pesticide or device is directed to be sold, the proceeds less costs, including legal costs, must be paid to the Treasurer of State as provided in section 621. A pesticide or device may not be sold contrary to the provisions of this subchapter or rules adopted under this subchapter. When a decree of condemnation is entered against a pesticide or device, the court shall charge court costs, fees, storage and other proper expenses against the person, if any, appearing as claimant of the pesticide. The court may direct that the pesticide or device be delivered to the owner, upon payment of costs and execution and delivery of a good and sufficient bond conditioned on the pesticide or device not being disposed of unlawfully, for relabeling, reprocessing or otherwise bringing the product into compliance.
[PL 2005, c. 620, §13 (AMD).]
3. Award of court costs and fees.
[PL 2005, c. 620, §13 (RP).]
SECTION HISTORY
PL 1975, c. 382, §3 (NEW). PL 1989, c. 878, §E12 (AMD). PL 2005, c. 620, §13 (AMD).