3-355
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3-355. Enforcement procedures A. The results of official analyses of any pesticide which has been found to be subject to penalty or other legal action shall be forwarded by the department to the registrant or other responsible person and to the purchaser forthwith. Upon request within thirty days of issuance of the analytical report, the department shall furnish to the registrant or other responsible person a portion of any sample found subject to penalty or other legal action. If it appears from such examination that a pesticide or device fails to comply with the provisions of this article, and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to such person. Persons so notified shall be given an opportunity to present their views, either orally or in writing, with regard to the contemplated proceedings. If thereafter in the opinion of the director it appears that the provisions of the article have been violated by such person, the director shall refer a copy of the results of the analysis or the examination of such article to the department counsel. B. Nothing in this article shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of this article when the director believes that the public interests will be best served by a suitable notice of warning in writing. C. The director shall, by publication, give notice of all judgments entered in actions instituted under the authority of this article. |