§ 23-25-20 - Enforcement.
SECTION 23-25-20
§ 23-25-20 Enforcement. – (a) The sampling and examination of pesticides or devices shall be made underthe direction of the director for the purpose of determining whether theycomply with the requirements of this chapter. The director, or his or herdesignated agent, is authorized, upon presentation of proper identification, toenter any distributor's premises, including any vehicle of transport, at allreasonable times in order to have access to pesticides or devices packaged andlabeled for distribution and to samples of any containers or labeling for thosepesticides and devices. If the director or his or her agent obtains anysamples, prior to leaving the premises, he or she shall give to the owner orperson in charge a receipt describing the samples obtained and, if requested, aportion of each sample equal in volume or weight to the portion retained. If ananalysis is made of those samples, a copy of the results of the analysis shallbe furnished promptly to the owner or person in charge. If it appears from theexaminations that a pesticide or device fails to comply with the provisions ofthis chapter or regulations adopted under this chapter and the directorcontemplates instituting criminal proceedings against any person, the directorshall cause appropriate notice to be given to that person. Any person notifiedshall be given an opportunity within a reasonable time to present his or herviews, either orally or in writing, with regard to the contemplatedproceedings. If after this, in the opinion of the director, it appears that theprovisions of the chapter or regulations adopted under this chapter have beenviolated by that person, the director shall refer a copy of the results of theanalysis or the examination of the pesticide or device to the prosecutingattorney for the county in which the violation occurred.
(b) For the purpose of carrying out the provisions of thischapter, the director or his or her designated agent may enter upon any publicor private premises at reasonable times in order to:
(1) Have access for the purpose of inspecting any equipmentused in applying pesticides;
(2) Inspect and take samples from lands actually or reportedto be exposed to pesticides;
(3) Inspect storage or disposal areas;
(4) Inspect or investigate complaints of injury to humans orland;
(5) Sample pesticides being applied or to be applied;
(6) Observe the use and application of any pesticide; and
(7) Administer to or take from any person an oath,affirmation, or affidavit whenever that oath, affirmation, or affidavit is foruse in any prosecution or proceeding under or in the enforcement of thischapter. That document, when certified by the party taking the statement, shallthen be admissible in any administrative proceeding without further proof ofthe identity or authority of the agent.
(c) Should the director be denied access to any land wherethe access was sought for the purposes set forth in this chapter, he or she mayapply to any court of competent jurisdiction for a search warrant authorizingaccess to the land for those purposes. The court may, upon application, issuethe search warrant for the purpose requested.
(d) The director, with or without the aid and advice of thecounty or district attorney, is charged with the duty of enforcing therequirements of this chapter and any rules or regulations issued under thischapter. In the event a county or district attorney refuses to act on behalf ofthe director, the attorney general may act.
(e) The director may bring an action to enjoin the violationor threatened violation of any provision of this chapter or any regulationsmade pursuant to this chapter in a court of competent jurisdiction of thecounty in which the violation occurs or is about to occur.
(f) Nothing in this chapter shall be construed as requiringthe director to report minor violations of this chapter for prosecution or forthe institution of condemnation proceedings when the director believes that thepublic interest will be served best by a suitable notice of warning in writing.