Florida Statute 487.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 487
PESTICIDE REGULATION AND SAFETY

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F.S. 487.101

487.101 Stop-sale, stop-use, removal, or hold orders.—

(1) When a pesticide or device is being offered or exposed for sale, used, or held in violation of any of the provisions of this part, the department may issue and enforce a stop-sale, stop-use, removal, or hold order, in writing, to the owner or custodian of the pesticide or device, ordering that the pesticide or device be held at a designated place until the part has been complied with and the pesticide or device is released, in writing, by the department or the violation has been disposed of by court order.

(2) The written notice is warning to all persons, including, but not limited to, the owner or custodian of the pesticide or the owner’s or custodian’s agents or employees, to scrupulously refrain from moving, bothering, altering, or interfering with the pesticide or device or from altering, defacing, or in any way interfering with the written notice or permitting the same to be done. The willful violation of these provisions is a misdemeanor, subjecting the violator to the penalty provisions of this part.

(3) The department shall release the pesticide or device under a stop-sale, stop-use, removal, or hold order when the owner or custodian complies with the provisions of this part.

(4) The owner or custodian, with authorization and supervision of the department, may relabel the pesticide or device so that the label will conform to the product, or transfer and return the product to the manufacturer or supplier for the purpose of bringing the product in compliance with the provisions of this part.

History.—s. 1, ch. 65-457; s. 1, ch. 67-527; s. 1, ch. 69-12; ss. 14, 35, ch. 69-106; s. 440, ch. 71-136; s. 7, ch. 73-63; s. 7, ch. 79-210; s. 1, ch. 90-65; ss. 22, 37, ch. 92-115; s. 18, ch. 94-233; s. 25, ch. 2000-154; s. 37, ch. 2004-64.

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Amendments to 487.101

Arrestable Offenses / Crimes under Fla. Stat. 487.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

S487.101 - HEALTH-SAFETY - STOP SALE PESTICIDE OR DESTROY SAME SUBSQ VIOL - M: F

S487.101 - HEALTH-SAFETY - STOP SALE PESTICIDE OR DESTROY SAME 1ST VIOL - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 487.101

Total Results: 4

State v. Johnson

Court: Supreme Court of Florida | Date Filed: 1973-07-18

Citation: 280 So. 2d 673

Snippet: case at bar. In State v. Wojculewicz, 140 Conn. 487, 101 A.2d 495, the Court held that it was unnecessary

Roberts v. State

Court: Supreme Court of Florida | Date Filed: 1964-03-06

Citation: 164 So. 2d 817

Snippet: case at bar. In State v. Wojculewicz, 140 Conn. 487, 101 A.2d 495, the Court held that it was unnecessary

Hillsborough Investment Company v. City of Tampa

Court: Supreme Court of Florida | Date Filed: 1941-12-12

Citation: 5 So. 2d 256, 149 Fla. 7, 1941 Fla. LEXIS 1021

Snippet: Neb. 601, 19 N.W. 494; Stone v. Tilley, 100 Tex. 487, 101 S.W. 201, 10 L.R.A. (N.S.) *Page 14 678, 123

Atlas Rock Co. v. Miami Beach Builders Supply Co.

Court: Supreme Court of Florida | Date Filed: 1925-04-01

Citation: 103 So. 615, 89 Fla. 340

Snippet: Sales Law. See Swift Co. v. Tempelos, 178 N.C. 487, 101 S.E. Rep. 8, 7 A. L. R. 1581 and Notes. See also