§ 431:17 — Seizure, Condemnation, and Sale

Any lot of fertilizer not in compliance with the provisions of this subdivision shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the fertilizer is located. In the event the court finds the fertilizer to be in violation of this subdivision and orders the condemnation of the fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state. In no instance shall the disposition of the fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel the fertilizer to bring it into compliance with this subdivision.

Legislative History

1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.