§ 33-1503 — Procedure following seizure

§ 33-1503. Procedure following seizure.\n 1. Whenever the commissioner finds, or has probable cause to believe,\nthat any pesticide is adulterated or misbranded or improperly labeled,\nor is not colored within the meaning of this article, or is not\nregistered as required under this article, or for which a permit has not\nbeen issued for its sale, offer for sale, purchase, possession or use as\nrequired by this article, he may affix to such pesticide a tag or other\nappropriate marking giving notice that such pesticide is or is suspected\nof being adulterated or misbranded, or improperly labeled, or not\ncolored, or not registered as required under this article, or for which\na permit has not been issued for its sale, offer for sale, purchase,\npossession or use as required by this article, and has been quarantined,\nand warning all persons not to remove or dispose of such pesticide, by\nsale or otherwise, until permission for removal or disposal is given by\nthe commissioner or his duly authorized representative.\n 2. Before destruction of any pesticide following seizure or\nquarantine, the commissioner shall give the owner, proprietor or\ncustodian of such pesticide ten days' notice in writing, to be served\neither personally or by mail, of a hearing for the owner, proprietor, or\ncustodian, to show cause why such pesticide should not be destroyed or\notherwise disposed of in accordance with the provisions of law.\n 3. Following such hearing, the commissioner shall render a decision in\nwriting and filed with the department, and a copy thereof shall be\nserved either personally or by mail on the owner, proprietor, or\ncustodian of such pesticide, but formal findings of fact shall not be\nrequired to be made or filed. The decision shall be subject to review\nunder article 78 of the Civil Practice Law and Rules instituted within\nthirty days after receipt by the owner, proprietor or custodian of such\npesticide of a copy of the commissioner's decision.\n 4. Whenever any pesticide is seized or quarantined as provided in this\nsection, the destruction and disposition thereof, together with any\nnecessary storage, handling or other incidentals between the time of\nseizure or quarantine and the destruction and disposition thereof, shall\nbe the responsibility, both financially and otherwise, of the owner,\nproprietor or custodian of such pesticide; provided, however, that such\ndestruction and disposition shall be carried out only under the\ndirection and immediate supervision of the commissioner or his duly\nauthorized representative.\n