2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 19 - Pesticide Control
§ 838. Pesticides that may be seized

  • (a) Any pesticide that is distributed, sold, offered for sale or used within the Virgin Islands or delivered for transportation or transported in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands may be seized for confiscation or be made the subject of a stop-use order:

    • (1) If it is adulterated or misbranded, or if it has not been registered as required under this chapter;

    • (2) If it fails to bear on its label the information required by this chapter;

    • (3) If it is a white powder pesticide and is not colored as required under this chapter;

    • (4) If a permit required by this chapter has not been issued in respect to such pesticide; or

    • (5) If there is probable cause to believe a pesticide is being used in violation of any provision of this chapter or rules or regulations promulgated pursuant to any such provision of this chapter.

  • (b) Whenever the Commissioner or his authorized representative shall find distributed, sold, exposed or offered for sale within the Virgin Islands any pesticide that is adulterated or misbranded as defined in this chapter, or which fails to bear on its label the information required by this chapter, or which is not colored or registered as required under this chapter, or for which a permit has not been issued for its sale, offer for sale, purchase, possession or use as required by this chapter, he may seize or destroy such pesticide.

  • (c) Whenever the Commissioner finds, or has probable cause to believe, that a pesticide is being used in violation of any provision 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 after 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.

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