Guam § 50111 - Seizures: Stop-Sale and Removal from Sale Orders

§ 50111. Seizures: Stop-Sale and Removal from Sale Orders

“Stop Sale”, “Use”, “Removal”, and “Seizure”.

(a) Whenever a pesticide or device is found by the

Administrator or his designated agent and there is reason to

believe that the pesticide or device has been or is intended to be

distributed, used, sold or disposed of in violation of this Chapter,

the Administrator may:

(1) Issue a written or printed order to stop the

importation, distribution, sale, use, storage, or improper

disposal, and to remove the pesticide in accordance with this

Chapter, and;

(2) Seize the pesticide or device.

(b) Any pesticide or device seized hereunder shall, after entry

of decree, be disposed of or sold as the Court directs. Proceeds,

if sold, shall be paid to the Pesticide Management Fund, provided

that the pesticide or device shall not be sold contrary to the

provisions of this Chapter, and provided that upon payment of

costs and execution and delivery of a good and sufficient bond

conditioned that the pesticide or device shall not be disposed of

unlawfully, the Court may direct the pesticide or device to be

delivered to the owner thereof.

(c) When a decree of condemnation is entered against the

pesticide or device, court costs, fees, storage and other proper

expenses shall be awarded against the person, if any, intervening

as claimant of the pesticide or device.