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.
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