(a) The Secretary shall be empowered to issue a detainer on any lot of a commercial fertilizer or amendment to the soil that in his judgment is being distributed or imported in violation of any of the provisions of §§ 519—535 of this title or of the regulations promulgated hereunder. It is hereby prohibited to distribute or otherwise dispose of any lot of commercial fertilizer or amendment to the soil thus detained without the previous written authorization of the Secretary, or of a competent court of justice in any appeal the manufacturer, importer or distributor may file in the Court of First Instance opposing the validity of the detention not later than 30 days after having received copy of the detainer. Notwithstanding the penalties provided in §§ 519—535 of this title, which shall not be applicable to this violation, any person who distributes or otherwise disposes of any detained lot of commercial fertilizer or amendment to the soil without the previous written authorization of the Secretary or of a competent court of justice shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) or imprisonment for not less than ten (10) days nor more than ninety (90) days, or by both penalties, in the discretion of the court.
(b) The Secretary shall stay the detainer on any lot of commercial fertilizer or amendment to the soil when the violations are corrected to his satisfaction within a period of thirty (30) days from the date the detainer was served. When the violations are not corrected within said period of thirty (30) days, or in any case in which the detention of the commercial fertilizer or amendment to the soil has not been appealed on time or the appeal has not been successful, the Secretary may require from the Secretary of Justice that the fertilizer or amendment to the soil be confiscated. In such cases, the confiscated product may be donated to Commonwealth agencies or instrumentalities which can use it.
History —May 8, 1973, No. 19, p. 57, § 10; July 20, 1979, No. 171, p. 443, § 9.