2006 New York Code - Pesticides Which May Be Seized.

 
  § 33-1501. Pesticides which may be seized.
    1.  Any  pesticide that is distributed, sold, offered for sale or used
  within this state or delivered  for  transportation  or  transported  in
  intrastate  commerce  or  between  points  within this state through any
  point outside this state may be seized for confiscation or be  made  the
  subject of a stop-use order:
    a.  If  it  is  adulterated  or  misbranded,  or  if  it  has not been
  registered as required under this article;
    b. If it fails to bear on its label the information required  by  this
  article;
    c.  If  it  is a white powder pesticide and is not colored as required
  under this article;
    d. If a permit required by this article has not been issued in respect
  to such pesticide; or
    e. If there is probable cause to believe a pesticide is being used  in
  violation  of  any  provision  of  this  article, title three of article
  fifteen of this chapter or rules or regulations promulgated pursuant  to
  any such provision.
    2.  Whenever  the  commissioner  or his duly authorized representative
  shall find distributed, sold, exposed or offered for  sale  within  this
  state  any  pesticide  which  is adulterated or misbranded as defined in
  this article, or which fails  to  bear  on  its  label  the  information
  required  by  this  article,  or  which  is not colored or registered as
  required under this article, or for which a permit has not  been  issued
  for its sale, offer for sale, purchase, possession or use as required by
  this article, he may seize or destroy such pesticide.
    3.  Whenever the commissioner finds, or has probable cause to believe,
  that a pesticide is being used in violation of  any  provision  of  this
  article,  title  three  of article fifteen of this chapter, or rules and
  regulations promulgated pursuant thereto, the commissioner may  issue  a
  stop-use  order requiring the user of the pesticide immediately to cease
  using such pesticide and immediately to remove  such  pesticide  to  the
  specified  location.  Within  thirty  days of the issuance of a stop-use
  order, the commissioner shall  either  rescind  the  stop-use  order  or
  commence a proceeding to seize and destroy such pesticides.