1. Any pesticide or device that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state is liable to be proceeded against in any proper court of jurisdiction in any county of the state where it may be found and seized for confiscation by process of libel for condemnation: a. In the case of a pesticide: (1) If it is adulterated or misbranded; (2) If it has not been registered under section 4.1-34-03; (3) If it fails to bear on its label the information required by this chapter; or (4) If it is a white powder pesticide and is not colored as required under this chapter. b. In the case of a device, if it is misbranded. 2. If the pesticide is condemned, after entry of decree, the pesticide must be disposed of by destruction or sale as the court may direct and any proceeds, less legal costs, must be paid to the state treasurer. The pesticide may not be sold contrary to the provisions of this chapter. Upon payment of cost and execution and delivery of a good and sufficient bond conditioned that the pesticide may not be disposed of unlawfully, the court may direct the pesticide be delivered to its owner for relabeling or reprocessing. When a decree of condemnation is entered against the pesticide, court costs and fees and storage and other proper expenses must be awarded against any person intervening as claimant of the pesticide.
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