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217.610 Department to issue "stop sale, use or removal" order -- Appeal.
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 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 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release the pesticide so withdrawn when the requirements of the provisions of KRS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.
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