CODE OF VIRGINIA

“STOP-SALE OR REMOVAL” ORDERS; “STOP-USE” ORDERS;
JUDICIAL REVIEW (§ 3.2-3944)

A. When the Commissioner has reason to believe that a pesticide is being offered
for sale or use or is being used in violation of any of the provisions of this
chapter, he shall issue and enforce a written or printed “stop sale or
removal” order. The order shall be directed to the owner or custodian of
the lot of pesticide and shall require him to hold the pesticide at a designated
place until this chapter has been complied with and the pesticide is released in
writing by the Commissioner or the violation is otherwise legally disposed of by
written authority. The owner or custodian of such pesticide shall have the right
to administrative and judicial review of such order in accordance with the
provisions of the Administrative Process Act (§ 2.2-4000 et seq.). The
provisions of this section shall not be construed as limiting the right of the
enforcement officer to proceed as authorized by other provisions of this
chapter. The Commissioner shall release the pesticide when the requirements of
the provisions of this chapter have been complied with and upon payment of all
costs and expenses incurred in connection with the withdrawal.

B. When the Commissioner has reason to believe that any pesticide is being
offered for sale or use or is being used in violation of any of the provisions
of this chapter by a person, he shall issue and enforce a written or printed
“stop-use” order until the Pesticide Control Act has been complied
with or the violation has been otherwise legally disposed of by written
authority. The person shall have the right to administrative and judicial review
of such order in accordance with the provisions of the Administrative Process
Act (§ 2.2-4000 et seq.). The provisions of this section shall not be construed
as limiting the right of the enforcement officer to proceed as authorized by
other provisions of this chapter.

HISTORY: Code 1950, § 3-208.46; 1966, c. 702, § 3.1-248; 1981, c. 260; 1986,
c. 615; 1989, c. 575, § 3.1-249.77; 1993, c. 773; 2008, c. 860.