N.M. Stat. § 76-4-12
Judicial action after "stop sale, use or removal" order.
A. After service of a "stop sale, use or removal" order is made upon any person,
that person or the registrant or the department may file an action in a court of competent
jurisdiction, in the county in which a violation of the Pesticide Control Act or regulations
adopted thereunder is alleged to have occurred, for an adjudication of the alleged
violation. The court in such action may issue temporary or permanent injunctions,
mandatory or restraining, and such intermediate orders as it deems necessary or
advisable. The court may order condemnation of any pesticide or device that does not
meet the requirements of the Pesticide Control Act or regulations adopted thereunder.
B. If the pesticide or device is condemned, it shall, after entry of decree, be
disposed of by destruction or sale as the court directs. However, the pesticide or device
shall not be sold contrary to the provisions of the Pesticide Control Act or regulations
adopted thereunder. Upon payment of the costs of the condemnation proceedings and
the execution and delivery of a bond as prescribed by the court to assure the pesticide
or device shall not be sold or disposed of contrary to the provisions of the Pesticide
Control Act or regulations adopted pursuant thereto, the court may direct that the
pesticide or device be delivered to the owner thereof for relabeling, reprocessing or
otherwise bringing the product into compliance.
C. When a decree of condemnation is entered against the pesticide or device, court
costs, fees, storage and other proper expenses shall be awarded against the person, if
any, appearing as claimant of the pesticide or device.