2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 19 - Pesticide Control
§ 839. Procedure following seizure

(a) Whenever the Commissioner finds, or has probable cause to believe, that any pesticide is adulterated or misbranded or improperly labeled, or is not colored within the meaning of this chapter, or is not 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 affix to such pesticide a tag or other appropriate marking giving notice that such pesticide is or is suspected of being adulterated or misbranded, or improperly labeled, or 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, and has been quarantined, and warning all persons not to remove or dispose of the pesticide, by sale or otherwise, until permission for removal or disposal is given by the Commissioner or his authorized representative.

(b) Before destruction of any pesticide following seizure or quarantine, the Commissioner shall give the owner, proprietor or custodian of such pesticide ten days' notice in writing, to be served either personally or by mail, of a hearing for the owner, proprietor, or custodian, to show cause why such pesticide should not be destroyed or otherwise disposed of in accordance with the provisions of law.

(c) Following such hearing, the Commissioner shall render a decision in writing and filed with the department, and a copy thereof shall be served either personally or by mail on the owner, proprietor, or custodian of such pesticide, but formal findings of fact shall not be required to be made or filed. The decision is subject to proceedings for writ of review under title five, chapter ninety-seven of this Code instituted within thirty days after service upon by the owner, proprietor or custodian of such pesticide of a copy of the Commissioner's decision.

(d) Whenever any pesticide is seized or quarantined as provided in this section, the destruction and disposition the pesticide, together and any necessary storage, handling or other incidentals between the time of seizure or quarantine and the destruction and disposition thereof, is the responsibility, both financially and otherwise, of the owner, proprietor or custodian of such pesticide; provided, however, that such destruction and disposition must be carried out only under the direction and immediate supervision of the Commissioner or his duly authorized representative.