P.R. Laws tit. 5, § 1010

2019-02-20 00:00:00+00
§ 1010. Removal order; penalties

The Secretary may issue a removal order against any pesticide or device that, in his judgment, is being distributed in violation of any of the provisions of this chapter or the regulations promulgated thereunder. It is hereby prohibited to distribute or in any way dispose of a lot of pesticides or devices thus removed from sale without the prior written authorization of the Secretary or of a competent court of justice. Any person who distributes or otherwise disposes of a lot of pesticides thus removed without the prior written authorization of the Secretary or a competent court of justice, shall incur a misdemeanor and upon conviction, shall be punished with the penalty of imprisonment not [to] exceed ninety (90) days, or a maximum fine of five thousand dollars ($5000), or both penalties at the discretion of the court.

The Secretary may suspend the removal order against a lot of pesticides or devices when the violations have been corrected to his satisfaction within a term of forty-five (45) days from the date the removal order was issued. When the violations are not corrected within that period the lot of pesticides or devices shall be remov[ed], subject to destruction, or dispos[ed of] in any manner provided by a competent court of justice at the request of the Secretary. The distributor of the product may appeal the decision of the Secretary within forty-five (45) days of the notice for the destruction or other manner of disposal. Should the Secretary fail to accede to the petition of the distributor, the latter may appeal to a competent court of justice within thirty (30) days from the date the notice of denial of the Secretary was issued.

History —June 10, 1953, No. 49, p. 120, § 10; July 12, 1986, No. 132, p. 415, § 4; Aug. 21, 1999, No. 278, § 12.