(1) If a representative of the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. pt. 112, KRS 260.765 to 260.772, or administrative regulations of the department adopted pursuant to KRS 260.769, then the department is authorized to issue a stop movement order for that covered produce.
(2) If a representative of the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. pt. 112, KRS 260.765 to 260.772, or administrative regulations of the department adopted pursuant to KRS 260.769, then the department is authorized to order the destruction of the covered produce.
(3) Prior to an order of destruction of the covered produce, the department shall order that the covered produce be destroyed in accordance with this section and secure written agreement from the person to whom a stop movement order was issued on a form to be provided by the department.