--- kind: "section" citation: "7 U.S.C. § 136k" title: "7" title_heading: "Agriculture" number: "136k" heading: "Stop sale, use, removal, and seizure" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/136k" units: - "Chapter 6 — Insecticides and Environmental Pesticide Control" - "Subchapter II — Environmental Pesticide Control" --- # §136k. Stop sale, use, removal, and seizure - (a) **Stop sale, etc., orders—** Whenever any [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) is found by the [Administrator](/usc/7/136.md?p=b) in any [State](/usc/7/136.md?p=aa) and there is reason to believe on the basis of inspection or tests that such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) is in violation of any of the provisions of this subchapter, or that such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) has been or is intended to be distributed or sold in violation of any such provisions, or when the [registration](/usc/7/136.md?p=z) of the [pesticide](/usc/7/136.md?p=u) has been canceled by a final order or has been suspended, the [Administrator](/usc/7/136.md?p=b) may issue a written or printed “stop sale, use, or removal” order to any [person](/usc/7/136.md?p=s) who owns, controls, or has custody of such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h), and after receipt of such order no [person](/usc/7/136.md?p=s) shall sell, use, or remove the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) described in the order except in accordance with the provisions of the order. - (b) **Seizure—** Any [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) that is being transported or, having been transported, remains unsold or in original unbroken packages, or that is sold or offered for sale in any [State](/usc/7/136.md?p=aa), or that is imported from a foreign country, shall be liable to be proceeded against in any [district court](/usc/7/136.md?p=i) in the district where it is found and seized for confiscation by a process in rem for condemnation if— - (1) in the case of a [pesticide](/usc/7/136.md?p=u)— - (A) it is [adulterated](/usc/7/136.md?p=c) or misbranded; - (B) it is not registered pursuant to the provisions of [section 136a of this title](/usc/7/136a.md); - (C) its [labeling](/usc/7/136.md?p=p-2) fails to bear the information required by this subchapter; - (D) it is not colored or discolored and such coloring or discoloring is required under this subchapter; or - (E) any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its [registration](/usc/7/136.md?p=z); - (2) in the case of a [device](/usc/7/136.md?p=h), it is misbranded; or - (3) in the case of a [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h), when used in accordance with the requirements imposed under this subchapter and as directed by the [labeling](/usc/7/136.md?p=p-2), it nevertheless causes [unreasonable adverse effects on the environment](/usc/7/136.md?p=bb). In the case of a [plant regulator](/usc/7/136.md?p=v), [defoliant](/usc/7/136.md?p=f), or [desiccant](/usc/7/136.md?p=g), used in accordance with the [label](/usc/7/136.md?p=p-1) claims and recommendations, physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when such effects are the purpose for which the [plant regulator](/usc/7/136.md?p=v), [defoliant](/usc/7/136.md?p=f), or [desiccant](/usc/7/136.md?p=g) was applied. - (c) **Disposition after condemnation—** If the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs, shall be paid into the Treasury of the United States, but the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) shall not be sold contrary to the provisions of this subchapter or the laws of the jurisdiction in which it is sold. On payment of the costs of the condemnation proceedings and the execution and delivery of a good and sufficient bond conditioned that the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) shall not be sold or otherwise disposed of contrary to the provisions of the subchapter or the laws of any jurisdiction in which sold, the court may direct that such [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h) be delivered to the owner thereof. The proceedings of such condemnation cases shall conform, as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. - (d) **Court costs, etc.** When a decree of condemnation is entered against the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h), court costs and fees, storage, and other proper expenses shall be awarded against the [person](/usc/7/136.md?p=s), if any, intervening as claimant of the [pesticide](/usc/7/136.md?p=u) or [device](/usc/7/136.md?p=h). ## Source credit (June 25, 1947, ch. 125, § 13, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 991; amended Pub. L. 100–532, title VIII, § 801(h), Oct. 25, 1988, 102 Stat. 2682.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 13 of act June 25, 1947, was classified to section 135k of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516. ### Amendments 1988—Subsec. (b). Pub. L. 100–532, § 801(h)(1), directed that sentence beginning “In the case of” be moved from par. (3) and become a full measure sentence after par. (3). Subsec. (c). Pub. L. 100–532, § 801(h)(2), substituted “sold. On” for “sold: Provided, That upon”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1988 Amendment Amendment by Pub. L. 100–532 effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100–532, set out as a note under section 136 of this title. ### Effective Date For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title.