New York § 33-1501 Pesticides which may be seized

New York Statutes

§ 33-1501 — Pesticides which may be seized

New York § 33-1501

Law ENVEnvironmental Conservation

Title 15Seizure

Art. 33Pesticides

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Bluebook

N.Y. Environmental Conservation § 33-1501 (2026).

Text

§ 33-1501. Pesticides which may be seized.\n  1. Any pesticide that is distributed, sold, offered for sale or used\nwithin this state or delivered for transportation or transported in\nintrastate commerce or between points within this state through any\npoint outside this state may be seized for confiscation or be made the\nsubject of a stop-use order:\n  a. If it is adulterated or misbranded, or if it has not been\nregistered as required under this article;\n  b. If it fails to bear on its label the information required by this\narticle;\n  c. If it is a white powder pesticide and is not colored as required\nunder this article;\n  d. If a permit required by this article has not been issued in respect\nto such pesticide; or\n  e. If there is probable cause to believe a pesticide is being u

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§ 33-1501. Pesticides which may be seized.\n 1. Any pesticide that is distributed, sold, offered for sale or used\nwithin this state or delivered for transportation or transported in\nintrastate commerce or between points within this state through any\npoint outside this state may be seized for confiscation or be made the\nsubject of a stop-use order:\n a. If it is adulterated or misbranded, or if it has not been\nregistered as required under this article;\n b. If it fails to bear on its label the information required by this\narticle;\n c. If it is a white powder pesticide and is not colored as required\nunder this article;\n d. If a permit required by this article has not been issued in respect\nto such pesticide; or\n e. If there is probable cause to believe a pesticide is being used in\nviolation of any provision of this article, title three of article\nfifteen of this chapter or rules or regulations promulgated pursuant to\nany such provision.\n 2. Whenever the commissioner or his duly authorized representative\nshall find distributed, sold, exposed or offered for sale within this\nstate any pesticide which is adulterated or misbranded as defined in\nthis article, or which fails to bear on its label the information\nrequired by this article, or which is not colored or registered as\nrequired under this article, or for which a permit has not been issued\nfor its sale, offer for sale, purchase, possession or use as required by\nthis article, he may seize or destroy such pesticide.\n 3. Whenever the commissioner finds, or has probable cause to believe,\nthat a pesticide is being used in violation of any provision of this\narticle, title three of article fifteen of this chapter, or rules and\nregulations promulgated pursuant thereto, the commissioner may issue a\nstop-use order requiring the user of the pesticide immediately to cease\nusing such pesticide and immediately to remove such pesticide to the\nspecified location. Within thirty days of the issuance of a stop-use\norder, the commissioner shall either rescind the stop-use order or\ncommence a proceeding to seize and destroy such pesticides.\n