KRS 217.610: Department to issue "stop sale, use or removal" order -- Appeal.

The department shall issue and enforce a written or printed "stop sale, use or removal"

order to the owner or custodian of any lot of pesticide and to hold it at a designated place

when it finds said pesticide is being offered or exposed for sale in violat ion of the

provisions of KRS 217.542 to 217.630 until the law has been complied with and said

pesticide is released in writing or said violation has been otherwise legally disposed of by

written authority; provided, that the owner or custodian of such pest icide shall have the

right to appeal from such order to a court of competent jurisdiction in the county where

the said pesticide or pesticides are found, praying for a judgment as to the justification of

said order, and for the discharge of such pesticide from the order prohibiting the sale in

accordance with the findings of the court; and, provided further, that the provisions of this

paragraph shall not be construed as limiting the right of the enforcement officer to

proceed as authorized by other provisi ons of KRS 217.542 to 217.630. The department

shall release the pesticide so withdrawn when the requirements of the provisions of KRS

217.542 to 217.630 have been complied with and upon payment of all costs and expenses

incurred in connection with the withdrawal.