(415 ILCS 60/17)
(from Ch. 5, par. 817)
Judicial Action in order to Stop Sale or Use, or to Regulate Removal.
1. After service of an order to stop sale or use or to regulate removal
is made upon any person, either that person, the registrant or the Director
may file an action in the circuit court for the county in which
a violation is alleged to have occurred for an adjudication of the alleged
violation. The court in such action may enter a temporary
restraining order or preliminary or permanent injunctions
or other order as it deems necessary or advisable. Such injunction
or order shall be entered without bond. The court may
order condemnation of any pesticide or device not meeting the requirements
of this Act or regulation adopted thereunder.
2. After entry of a judgment that the pesticide or device is condemned it
shall be disposed of at the direction of the court.
A. The condemned pesticide or device may be delivered to the owner or
registrant for relabeling, reprocessing, or removal from the State.
B. The condemned pesticide or device may remain condemned and existing
stocks in the State sold by the Director who will pay all costs associated
with the disbursement, with the balance of the proceeds being deposited
in the State Treasury. The pesticide or device shall not be sold contrary
to any provision of this Act, regulations adopted thereunder or a provision
of FIFRA. The purchaser shall pay the costs and provide good and sufficient
bond insuring that the pesticide or device shall not be disposed of unlawfully.
C. The current inventory stocks of the condemned pesticide or device may
be disposed of by sale at the places of distribution under supervision of
the Director. No new stock shall be delivered for distribution, sale, or
use in the State until any condition giving rise to the order to stop sale or
use or to regulate removal and the subsequent condemnation has been corrected.
(Source: P.A. 84-545.)