Vermont § 376 - Detained fertilizer, beneficial substance, and lime

§ 376. Detained fertilizer, beneficial substance, and lime

• (a) Withdrawal from distribution orders. When the Secretary has reasonable cause to believe any lot of fertilizer, beneficial
  substance, or lime is being distributed in violation of any of the provisions of this
  chapter or any of the rules under this chapter, the Secretary may issue and enforce
  a written or printed “withdrawal from distribution” order, warning the distributor
  not to dispose of the lot of fertilizer, beneficial substance, or lime in any manner
  until written permission is given by the Secretary or the court. The Secretary shall
  release the lot of fertilizer, beneficial substance, or lime withdrawn when this chapter
  and rules have been complied with. If compliance is not obtained within 30 days, the
  Secretary may begin, or upon request of the distributor or registrant shall begin,
  proceedings for condemnation. (b) Condemnation and confiscation. Any lot of fertilizer, beneficial substance, or lime not in compliance with this chapter
  and rules shall be subject to seizure on complaint of the Secretary to a court of
  competent jurisdiction in the area in which the fertilizer, beneficial substance,
  or lime is located. In the event the court finds the fertilizer, beneficial substance,
  or lime to be in violation of this chapter and orders the condemnation of the fertilizer,
  beneficial substance, or lime, it shall be disposed of in any manner consistent with
  the quality of the fertilizer, beneficial substance, or lime and the laws of the State,
  provided that in no instance shall disposition of the fertilizer, beneficial substance,
  or lime be ordered by the court without first giving the claimant an opportunity to
  apply to the court for release of the fertilizer, beneficial substance, or lime or
  for permission to process or relabel the fertilizer, beneficial substance, or lime
  to bring it into compliance with this chapter. (Added 1985, No. 126 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 10; 2023, No. 160 (Adj. Sess.), § 9, eff. July 1, 2024; 2025, No. 59, § 1, eff. July 1, 2025.)