Browse Arkansas Code titles and sections
2-16-414. Hearing on stop-sale, etc., order.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-16-414. Hearing on stop-sale, etc., order.
(a)(1) After service of a stop-sale, use, or removal order is made upon any person, either that person, the registrant, or the State Plant Board may file an action in a court of competent jurisdiction in the county in which a violation of this subchapter or rules adopted hereunder is alleged to have occurred for an adjudication of the alleged violation.
(2) The court in the action may issue temporary or permanent injunctions, mandatory or restraining orders, and such intermediate orders as it deems necessary or advisable.
(3) The court may order condemnation of any pesticide or device which does not meet the requirements of this subchapter or rules adopted hereunder.
(b)(1) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs.
(2) If the pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State Treasury as provided in § 2-16-419.
(3) The pesticide or device shall not be sold contrary to the provisions of this subchapter or rules adopted hereunder.
(4) Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to its owner for relabeling, reprocessing, removing from the state, or otherwise bringing the product into compliance.
(c) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.
(d) No state court shall allow the recovery of damages from administrative action taken o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-414
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:2-16-414
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4b7dd1b05156d4c526702340fbd83fdb6c8c016c743070d6af7a635336955e24
Source location: content.xml paragraph 3330
Stored source content
2-16-414. Hearing on stop-sale, etc., order.
(a)(1) After service of a stop-sale, use, or removal order is made upon any person, either that person, the registrant, or the State Plant Board may file an action in a court of competent jurisdiction in the county in which a violation of this subchapter or rules adopted hereunder is alleged to have occurred for an adjudication of the alleged violation.
(2) The court in the action may issue temporary or permanent injunctions, mandatory or restraining orders, and such intermediate orders as it deems necessary or advisable.
(3) The court may order condemnation of any pesticide or device which does not meet the requirements of this subchapter or rules adopted hereunder.
(b)(1) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs.
(2) If the pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State Treasury as provided in § 2-16-419.
(3) The pesticide or device shall not be sold contrary to the provisions of this subchapter or rules adopted hereunder.
(4) Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to its owner for relabeling, reprocessing, removing from the state, or otherwise bringing the product into compliance.
(c) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.
(d) No state court shall allow the recovery of damages from administrative action taken or for stop-sale, use, or removal if the court finds that there was probable cause for such action.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-16-419. Disposition of funds.
All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted hereunder shall be deposited into the State Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-419
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-16-419. This identifies an authority to review, not proof of applicability.