(a)  After service of a “stop sale, use, or removal” order is made upon any person, either that person, the registrant, or the director may file an action in a superior court in the county in which a violation of this chapter or regulations adopted under this chapter is alleged to have occurred for an adjudication of the alleged violation. The court in that action may issue temporary or permanent injunctions, mandatory or restraining, and any intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this chapter or regulations adopted under this chapter.

Terms Used In Rhode Island General Laws 23-25-22

  • Device: means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than humans and other than bacteria, virus, or other micro-organism on or in living humans or other living animals) but not including equipment used for the application of pesticides when sold separately from it. See Rhode Island General Laws 23-25-4
  • Director: means the director of environmental management. See Rhode Island General Laws 23-25-4
  • Person: means any individual, partnership, association, fiduciary, corporation, governmental entity, or any organized group of persons whether incorporated or not. See Rhode Island General Laws 23-25-4
  • Pesticide: means :

    (i)  Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

    (ii)  Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Rhode Island General Laws 23-25-4

  • Registrant: means a person who has registered any pesticide pursuant to the provisions of this chapter. See Rhode Island General Laws 23-25-4

(b)  If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs and if the pesticide or device is sold, the proceeds, less costs including legal cost, shall be paid to the general treasury as provided in § 23-25-32; provided, that the pesticide or device shall not be sold contrary to the provisions of this chapter or regulations adopted under this chapter. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the its owner for relabeling, reprocessing, removal from the state, or otherwise bringing the product into compliance.

(c)  When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.

History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-22; P.L. 1979, ch. 39, § 1.