4-13-108. Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.

345 words·~2 min read·/ut/title-4/chapter-13/4-13-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)The department may deny, revoke, or suspend the license for a blender or the registration of a brand of plant food upon satisfactory evidence that the licensee or registrant has used fraudulent or deceptive practices in licensure, registration, or distribution in this state.

(a)The department may issue a "stop sale, use, or removal order" to the owner or person in possession of any designated lot of plant food that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.

(b)The order shall be in writing and plant food subject to the order may not be moved or offered or exposed for sale, except upon the subsequent written release of the department.

(c)Before a release is issued, the department may require the owner or person in possession of the "stopped" lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.

(a)The department may seek in a court with jurisdiction an order of seizure or condemnation of any plant food that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction, to prevent violation of this chapter.

(b)A bond may not be required of the department in any injunctive proceeding under this section.

(4)If condemnation is ordered, the plant food shall be disposed of as the court directs, except that the court may not order condemnation without giving the claimant of the plant food an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the product into conformance, or to remove the plant food from the state.

(5)If the court orders condemnation of the plant food, court costs, fees, storage, and other expenses shall be awarded against the claimant of the plant food.

Amended by Chapter 91 , 2025 General Session