N.J. Admin. Code § 7:30-2.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-2.8 - Order to secure or impound; disposition of pesticides

(a) Any pesticide that is being held, used, distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State may be secured or impounded by order of the Department if the Department finds, or has probable cause to believe, that it is in violation of any provision of the Act or this chapter. No such pesticide shall be removed, disposed of or used until permission is given by the Department or a judge of a court of competent jurisdiction.

(b) The owner, owner's agent or custodian of such pesticide who has applied for a hearing within 15 days after the issuance of the Notice of Violation shall be afforded an expedited hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Rules of Practice N.J.A.C. 1:1.

(c) If such pesticide subject to the secure or impoundment order as provided for by the Pesticide Control Act is of such character that when properly marked or branded, its sale is not prohibited by the Act or this chapter, such article shall be released to the owner, owner's agent or custodian upon payment of the Department's costs and the execution and delivery to the Department as obligee of a good and sufficient surety bond to the effect that such article shall not be sold or otherwise disposed of contrary to the provisions of the Act, this chapter, the laws of the United States, or the written authorization to release. The value of such surety bond shall be determined by the Department, based on the value of the article secured or impounded and the costs of the proceeding.

(d) If, upon a hearing to consider confiscation and disposal of a secured or impounded pesticide, it is determined that the pesticide was offered or exposed for sale, or a person was in possession with intent to distribute or sell, or that the pesticide was intended for distribution or sale in violation of any of the provisions of the Act or this chapter, it shall be disposed of by destruction or sale as the court or judge may direct, but no such articles shall be sold contrary to the provisions of the Act.

N.J. Admin. Code § 7:30-2.8

New Rule R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Recodified from N.J.A.C. 7:30-1.10 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote the section.