Title 2, Chapter 7, Section 69
( 2-7-69)
(a) Sampling and examination of pesticides or devices shall be made
under the direction of the Commissioner for the purpose of
determining whether they comply with the requirements of this
article. The Commissioner is authorized, upon presentation of proper
identification, to enter any distributor's premises, including any
vehicle of transport, at all reasonable times, in order to have
access to inspect and sample labeled pesticides or devices packaged
for distribution. If it appears upon inspection or examination that
a pesticide or device fails to comply with this article or
regulations adopted hereunder and the Commissioner contemplates
instituting criminal proceedings against any person, the
Commissioner shall cause appropriate notice to be given to such
person. Any person so notified shall be given an opportunity, within
a reasonable time, to present his views, either orally or in
writing, with regard to the contemplated proceedings. If
thereafter, in the opinion of the Commissioner, it appears that this
article or regulations adopted hereunder have been violated by such
person, the Commissioner shall refer a copy of the results of the
analysis or the examination of such pesticide or device to the
prosecuting attorney for the county in which the violation occurred. (b) Should the Commissioner be denied access to any land where such
access was sought for the purposes set forth in this article, he may
apply to any court of competent jurisdiction for a search warrant
authorizing access to such land for such purposes. The court, upon
such application, may issue the search warrant for the purposes
requested. (c) The Commissioner is charged with the duty of enforcing the
requirements of this article and the rules and regulations
promulgated hereunder. (d) In addition to any other remedy provided in this article, the
Commissioner is authorized to bring an action to enjoin a violation
of any provision of this article or any rule or regulation
promulgated hereunder. In such an action it shall not be necessary
for the Commissioner to allege or prove the absence of an adequate
remedy at law. (e) Nothing in this article shall be construed as requiring the
Commissioner to report minor violations of this article for
prosecution or for the institution of condemnation proceedings, when
he believes that the public interest will be served best by a
suitable notice of warning in writing. |