§ 5-111. Seizure and condemnation

   (a) Confiscation by process of libel and information. -- Any pesticide distributed in the State may be proceeded against in the circuit court of any county, where it is found and seized for confiscation by libel of information, if the pesticide:

   (1) Is adulterated or misbranded;

   (2) Is not registered; or

   (3) Fails to bear on its label the information required by this subtitle.

(b) Disposition of condemned pesticide. -- After entry of the decree of condemnation, the pesticide shall be destroyed or sold, as the court directs. If the pesticide is sold, the proceeds, less legal costs, shall be paid to and deposited in the fund established in § 6-501 of this article. The pesticide may not be sold contrary to the provision of this subtitle. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide may not be disposed of unlawfully, the court may order the pesticide delivered to its owner for relabeling or reprocessing.

(c) Costs, fees and expenses. -- If a decree of condemnation is entered against the pesticide, court costs, fees, storage, and other proper expenses shall be awarded against any person, intervening as claimant of the pesticide.

HISTORY: An. Code 1957, art. 48, § 137; 1973, 1st Sp. Sess., ch. 6, § 1; 1989, ch. 370; 2007, ch. 5, § 7; 2013, ch. 27.