D.C. Mun. Regs. r. 20-2508
In addition to the enforcement actions set forth in this chapter, the District Department of the Environment may seize for confiscation by a process in rem for condemnation, any pesticide, pesticide device or equipment that is being transported or, having been transported, remains unsold or in original unbroken packages, is being sold or offered for sale in the District of Columbia, or that is imported from a foreign country.
Any pesticide device or equipment may be proceeded against as provided in this section if it is misbranded.
A pesticide may be proceeded against as provided in this section under the following circumstances:
Any pesticide, pesticide device or equipment may be proceeded against as provided in this section even when used in accordance with the requirements imposed under the law and rules described in § 2500.1 and as directed by the labeling, if the pesticide, pesticide device or equipment causes unreasonable adverse effects on the environment.
In the case of a plant regulator, defoliant, or desiccant that is used in accordance with the label claim and recommendations, physical or physiological effects on plants or parts of the plants shall not be deemed to be unreasonable adverse effects on the environment when the effects are the purpose for which the plant regulator, defoliant, or desiccant was applied.
If the pesticide, pesticide device or equipment is condemned pursuant to this section, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct; and the proceeds, if sold, less the court costs, shall be paid into the District Treasury and credited to the general fund. A pesticide, pesticide device or equipment sold pursuant to this subsection shall not be sold in violation of the provisions of the law and rules described in § 2500.1, FIFRA, or the laws of the jurisdiction in which it is sold.
Upon payment of the costs of the condemnation proceedings and the execution and delivery of a good and sufficient bond conditioned upon assurances that the pesticide shall not be sold or otherwise disposed of contrary to the provisions of the law and rules described in § 2500.1, FIFRA, or the laws of any jurisdiction in which it is sold, the court may direct the pesticide, pesticide device or equipment to be delivered to the owner.
The proceedings of condemnation cases shall conform, as nearly as possible, to the proceedings used for the condemnation of insanitary buildings under An Act to create a board for the condemnation of insanitary buildings in the District, and for other purposes, approved May 1, 1906, as amended, D.C. Official Code Title 6, Chapter 9.
When a decree of condemnation is entered against the pesticide, pesticide device or equipment, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide, pesticide device or equipment.
D.C. Mun. Regs. r. 20-2508