§ 4-10-112 — Stop sale, use, or removal order authorized -- Conditions for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs authorized.

(1) (1)(a) The department may issue a "stop sale, use, or removal order" to a manufacturer, repairer, wholesaler, or retailer of any designated article or articles that the department finds or has reason to believe violates this chapter.
(1)(b) The order shall be in writing and no article subject to the order shall be removed, offered, or exposed for sale, except upon subsequent written release by the department.
(1)(c) Before a release is issued, the department may require the manufacturer, repairer, wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in connection with the withdrawal of the article from the market or for any other expense incurred in enforcing this chapter and the department's rules made under this chapter.
(2) (2)(a) The department may seek in a court of competent jurisdiction an order of seizure or condemnation of an article that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of this chapter.
(2)(b) A bond may not be required of the department in an injunctive proceeding brought under this section.
(3) (3)(a) Except as provided in Subsection (3)(b), if condemnation is ordered, the article shall be disposed of as the court directs.
(3)(b) The court may not order condemnation without giving the claimant of the article an opportunity to apply to the court for permission to bring the article into conformance, or for permission to remove the article from the state.
(4) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the article.

Legislative History

Amended by Chapter 295, 2021 General Session