2006 Code of Virginia § 3.1-249.77 - "Stop-sale or removal" orders; "Stop-use" orders; judicial review

3.1-249.77. "Stop-sale or removal" orders; "Stop-use" orders; judicialreview.

A. The Commissioner or his duly authorized agent shall issue and enforce awritten or printed "stop sale or removal" order directed to the owner orcustodian of any lot of pesticide, requiring him to hold it at a designatedplace, when the Commissioner or his duly authorized agent has reason tobelieve that the pesticide is being offered for sale or use or is being usedin violation of any of the provisions of this chapter, until the VirginiaPesticide Control Act ( 3.1-249.27 et seq.) has been complied with and thepesticide is released in writing by the Commissioner or his duly authorizedagent, or the violation has been otherwise legally disposed of by writtenauthority. The owner or custodian of such pesticide shall have the right toadministrative and judicial review of such order in accordance with theprovisions of the Administrative Process Act ( 2.2-4000 et seq.). Theprovisions of this section shall not be construed as limiting the right ofthe enforcement officer to proceed as authorized by other provisions of thischapter. The Commissioner or his duly authorized agent shall release thepesticide so withdrawn when the requirements of the provisions of thischapter have been complied with and upon payment of all costs and expensesincurred in connection with the withdrawal.

B. The Commissioner or his duly authorized agent shall issue and enforce awritten or printed "stop-use" order directed to a person or business whenthe Commissioner or his duly authorized agent has reason to believe that anypesticide is being offered for sale or use or is being used in violation ofany of the provisions of this chapter, until the Virginia Pesticide ControlAct has been complied with or the violation has been otherwise legallydisposed of by written authority. The person or business shall have the rightto administrative and judicial review of such order in accordance with theprovisions of the Administrative Process Act. The provisions of this sectionshall not be construed as limiting the right of the enforcement officer toproceed as authorized by other provisions of this chapter.

(Code 1950, 3-208.46; 1966, c. 702; 1981, c. 260; 1986, c. 615, 3.1-248;1989, c. 575; 1993, c. 773.)