Section 78. When the commissioner or his deputy has reasonable cause to believe any lot of commercial fertilizer, soil conditioner, or agricultural liming material, is being distributed in violation of any of the provisions of sections sixty-five to seventy-eight, inclusive, or of any of the prescribed regulations promulgated thereunder, he, or his deputy may order, in writing, that it be withheld from sale. The commissioner or his deputy may release the lot of said product, so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty days, the commissioner or his deputy may begin, or upon request of the distributor shall begin, proceedings for condemnation.

Terms Used In Massachusetts General Laws ch. 128 sec. 78

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.

Any lot of commercial fertilizer, soil conditioner, or agricultural liming material not in compliance with said provisions and regulations shall be subject to seizure on complaint of the commissioner or his deputy to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said product to be in violation of sections sixty-five to seventy-eight, inclusive, and orders the condemnation of said product, it shall be disposed of in any manner consistent with the quality of the product and the laws of the commonwealth.

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