1997 Minnesota Statutes

     24.151 Stop-sale order.  

    The commissioner shall issue and enforce a written or 
 printed "stop-sale use or removal" order to the owner or 
 custodian of any lot of paint, varnish, paint oil or solvent 
 when the commissioner finds that the product is being offered or 
 exposed for sale in violation of any of the provisions of 
 sections 24.135 to 24.175, and the commissioner's order shall 
 direct that the product shall be held at a designated place 
 until the provisions of sections 24.135 to 24.175 have been 
 complied with and the product is released in writing by the 
 commissioner.  However, the owner or custodian of such paint, 
 varnish, paint oil or solvent has the right to appeal from such 
 order to a court of competent jurisdiction in the county or city 
 where the product is found, praying for a judgment as to the 
 justification of the order, and for the discharge of the product 
 from the order prohibiting the sale in accordance with the 
 findings of the court.  The provisions of this section shall not 
 be construed as limiting the right of the enforcement officer to 
 proceed as authorized by other provisions of sections 24.135 to 
 24.175.  The commissioner shall release the paint, varnish, 
 paint oil or solvent held under any stop-sale use or removal 
 order when the requirements of sections 24.135 to 24.175 have 
 been complied with and upon payment of all reasonable costs and 
 expenses incurred in connection with such order.  When the 
 commissioner issues and enforces a "stop-sale, use or removal" 
 order against any paint, varnish, paint oil or solvent declared 
 in violation of sections 24.135 to 24.175, in possession of any 
 dealer or distributor, such dealer or distributor may return to 
 the person from whom such paint, varnish, paint oil or solvent 
 was purchased all unbroken retail containers affected by such 
 order and such person shall reimburse the dealer or distributor 
 for the full purchase price, including all delivery costs.  

    HIST: 1961 c 231 s 5; 1986 c 444