As Amended
SEC. 75-56-21. "Stop sale" and "withdrawal from distribution" orders; condemnation and confiscation.
(1) When the Commissioner of Agriculture and Commerce (the "commissioner") and the State Chemist find any antifreeze being distributed in violation of Section 75-56-19 of this chapter, or of any of the rules and prescribed regulations duly promulgated and adopted under this chapter, they may issue and enforce a written or printed "stop sale" or "withdrawal from distribution" order, warning the distributor not to dispose of any of the lot of antifreeze in any manner until written permission is given by the commissioner and the State Chemist or the court. Copies of such orders shall also be sent by registered mail to the registrant and to the person whose name and address appears on the labeling of the antifreeze. The commissioner and the State Chemist shall release for distribution the lot of antifreeze so withdrawn when said Section 75-56-19 and applicable rules and regulations have been complied with. If compliance is not obtained within thirty (30) days, the State Chemist and the commissioner may begin proceedings for condemnation.
(2) Any lot of antifreeze not in compliance with said provisions and regulations shall be subject to seizure upon complaint of the commissioner and the State Chemist to the district court in the county in which said antifreeze is located. In the event the court finds said antifreeze to be in violation of this chapter, it may then order the condemnation of said antifreeze and the same shall be disposed of in any manner consistent with the rules and regulations of the commissioner and the State Chemist and the laws of the state; provided, however, that in no instance shall the disposition of said antifreeze be ordered by the court without first giving thirty (30) days' notice, by registered mail at his last known address, to the owner of same, if he is known to the commissioner and the State Chemist, and to the registrant, if the antifreeze is registered, at the address shown on the label or on the registration certificate, so that such persons may apply to the court for the release of said antifreeze or for permission to process or relabel said antifreeze so as to bring it into compliance with this chapter.
SOURCES: Laws, 1978, ch. 359, Sec. 10(1), (2); 1986, ch. 395, Sec. 25; 1988, ch. 482, Sec. 13, eff from and after July 1, 1988.