As Amended
SEC. 69-23-21. Seizures.
(1) Any pesticide that is distributed, sold or offered for sale within this state or delivered for transportation or transported to intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any circuit court in any county of the state where it may be found and seized for confiscation by process of libel for condemnation:
(a) If it is adulterated or misbranded;
(b) If it has not been registered under the provisions of section 69-23-7;
(c) If it fails to bear on its label the information required by this chapter;
(d) If it is a white power pesticide and is not colored as required under this chapter.
(2) If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale, as the court may direct, and the proceeds, if such article is sold, less legal costs, shall be paid to the commissioner for transmission to the general funds of the state treasury; provided that the article shall not be sold contrary to the provisions of this chapter; and provided, further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that said article be delivered to the owner thereof for relabeling or reprocessing, as the case may be.
(3) When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.
SOURCES: Codes, 1942, Sec. 5000-09; Laws, 1950, ch. 452, Sec. 9; 1971, ch. 509, Sec. 8; 1975, ch. 319, Sec. 12, eff from and after July 1, 1975.