New Mexico § 76-4-12 - Judicial action after “stop sale, use or removal” order

§ 76-4-12. Judicial action after “stop sale, use or removal” order

A. After service of a “stop sale, use or removal” order is made upon any person, that

person or the registrant or the department may file an action in a court of competent

jurisdiction, in the county in which a violation of the Pesticide Control Act or regulations

adopted thereunder is alleged to have occurred, for an adjudication of the alleged

violation. The court in such action may issue temporary or permanent injunctions, mandatory

or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device that does not meet the

requirements of the Pesticide Control Act or regulations adopted thereunder. B. If the pesticide or device is condemned, it shall, after entry of decree, be disposed

of by destruction or sale as the court directs. However, the pesticide or device shall not be sold contrary to the provisions of

the Pesticide Control Act or regulations adopted thereunder. Upon payment of the costs of the condemnation proceedings and the execution and

delivery of a bond as prescribed by the court to assure the pesticide or device shall

not be sold or disposed of contrary to the provisions of the Pesticide Control Act

or regulations adopted pursuant thereto, the court may direct that the pesticide or

device be delivered to the owner thereof for relabeling, reprocessing or otherwise

bringing the product into compliance. 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, appearing as claimant of the pesticide or device.