Florida Statutes 576.111 – Stop-sale, stop-use, removal, or hold orders
Current as of: 2024 | Check for updates
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Terms Used In Florida Statutes 576.111
- Department: means the Department of Agriculture and Consumer Services or its authorized representatives. See Florida Statutes 576.011
- Fertilizer: means any substance which:(a) Contains one or more recognized plant nutrients and promotes plant growth, or(b) Controls soil acidity or alkalinity, or(c) Provides other soil enrichment, or(d) Provides other corrective measures to the soil. See Florida Statutes 576.011
- Label: means a display of written, printed, or graphic matter upon the immediate container of any fertilizer or accompanying any fertilizer when moved in bulk. See Florida Statutes 576.011
- Licensee: means a person who guarantees a fertilizer and receives a license to distribute fertilizer under the provisions of this chapter. See Florida Statutes 576.011
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(1) When fertilizer is being offered for sale in violation of any of the provisions of this chapter, the department may issue and enforce a stop-sale, stop-use, removal, or hold order to the owner or custodian of the fertilizer ordering it to be held at a designated place until compliance has been met and the fertilizer is released in writing by the department or the violation has been the subject of a court order.(2) Such written or printed notice is notice and warning to all persons, including, but not limited to, the owner or custodian thereof or her or his agents or employees, to scrupulously refrain from moving, bothering, altering, or interfering with the fertilizer or from altering, defacing, or in anywise interfering with the notice itself or permitting the same to be done.(3) It shall be unlawful for any person to willfully violate any of the provisions of subsection (2) of this section.(4) The department shall release the fertilizer so withdrawn when the provisions of this law have been complied with.(5) The owner or custodian, with the authorization, direction, and supervision of the department, may relabel the fertilizer so that the label will conform to the product, or transfer and return the product to the licensee or supplier for the purpose of bringing the product in compliance with the law.