Section 830.860  Orders to Stop Sale, Stop Use, Seize or Regulate Removal

a)         The Department shall issue a written order to stop the sale or use or to regulate the removal of any pesticide or device used in structural pest control which is sold, distributed, stored or used in violation of any provision of the Act and this Part, as well as the Illinois Pesticide Act and the rules pertaining to Pesticide Control, and FIFRA.  The Department shall also have the authority to issue a written order to seize any pesticide used, sold, stored or distributed for structural pest control when continued use, sale, storage or distribution poses a threat to the health and safety of the residents of this State.

b)         Said order shall be issued to the person in charge of any such pesticide or device.  If the person in charge is not available for service of the order, the order will be attached to the pesticide or device.

c)         Any individual who receives an order issued by the Department pursuant to this Section may submit a letter to the Department proposing an alternative action for the disposal or storage of any pesticide or device. Any pesticide or device affected by the order shall not be offered for sale, distribution or use until the conditions specified in the order have been met or amended and the order lifted by the Department, the Illinois Department of Agriculture or USEPA.

(Source:  Amended at 21 Ill. Reg. 15010, effective November 10, 1997)