Section 76-4-11 - "Stop sale, use or removal" order.

NM Stat § 76-4-11 (2019) (N/A)

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When the department has reasonable cause to believe a pesticide or device is being distributed, used, stored or transported in violation of any of the provisions of the Pesticide Control Act or regulations adopted pursuant thereto, the department may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available to receive the order, the department may attach the order to the pesticide or device and notify the registrant. The pesticide or device shall not be distributed, used or removed until the provisions of the Pesticide Control Act have been complied with and the pesticide or device has been released in writing under conditions specified by the department or the alleged violation has been otherwise disposed of as provided in the Pesticide Control Act by a court of competent jurisdiction.

History: 1953 Comp., § 45-25-11, enacted by Laws 1973, ch. 366, § 11.

Cross references. — For judicial action after stop sale, use or removal order, see 76-4-12 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 42.

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Section 76-4-12 - Judicial action after "stop sale, use or removal" order.