2502 STOP ORDERS AND CONDEMNATION

2502.1 When the Mayor has reasonable cause to believe a pesticide or device is being distributed, stored, transported, offered for sale, or used in violation of any of the provisions of the Act, or any of the regulations prescribed under the authority of the Act, the Mayor may issue a written 'stop sale, use, or removal' order to the owner or custodian of the pesticide or device.2502.2 After receipt of the Mayor's 'stop sale, use, or removal' order, no person shall sell, use, or remove the pesticide or device described in the order, except in accordance with the provisions of the order.2502.3 Any pesticide or device that is being transported, or having been transported is sold or offered for sale in the District, or is imported from a foreign country, in violation of any of the provisions of the Act, may be proceeded against in any court of competent jurisdiction by a process in rem for condemnation as provided in §§2502.3 through 2502.5.2502.4 A pesticide device may be proceeded against as provided in § 2502.3 if it is misbranded.2502.5 A pesticide may be proceeded against as provided in § 2502.3 under the following circumstances:- (a) If it is adulterated or misbranded;

- (b) If it is not registered pursuant to the provisions of the Act;

- (c) If its labeling fails to bear the information required by FIFRA;

- (d) If it is not colored or discolored, and the coloring or discoloring is required under the FIFRA; or

- (e) If any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration.2502.6 A pesticide or device may be proceeded against as provided in § 2502.3 even when used in accordance with the requirements imposed under the Act and as directed by the labeling, if the pesticide or device causes unreasonable adverse effects on the environment.2502.7 In the case of a plant regulator, defoliant, or desiccant that is used in accordance with the label claim and recommendations, physical or physiological effects on plants or parts of the plants shall not be deemed to be injury when the effects are the purpose for which the plant regulator, defoliant, or desiccant was applied.2502.8 If the pesticide or device is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct; and the proceeds, if sold, less the court costs, shall be paid into the District Treasury and credited to the general fund.2502.9 A pesticide or device shall not be sold contrary to the provisions of the Act, the FIFRA, or the laws of the jurisdiction in which it is sold.2502.10 Upon payment of the costs of the condemnation proceedings and the execution and delivery of a good and sufficient bond conditioned upon assurances that the pesticide shall not be sold or otherwise disposed of contrary to the provisions of the Act, the FIFRA, or the laws of any jurisdiction in which it is sold, the court may direct the pesticide or device to be delivered to the owner of the pesticide.2502.11 The proceedings of condemnation cases shall conform, as nearly as possible, to the proceedings

used for the condemnation of insanitary buildings under an act to create a board for the condemnation of insanitary buildings in the District, and for other purposes, approved May 1, 1906 (34 Stat. 157; D.C. Code §5-618 (1981)).

2502.12 When a decree of condemnation is entered against the pesticide or device, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device.

SOURCE: Sections 12(d)-(g) of the Pesticide Operations Act of 1977, D.C. Law 2-70, 25 DCR 6867, 6890 (February 17, 1978).