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206-3
206.3 EXAMINATION AND ORDERS.
The examination of pesticides and those products to which
pesticides have been applied for the content of pesticide residues
shall be made under the direction of the secretary, or the
secretary's authorized representative, for the purpose of determining
whether they comply with the requirements of this chapter and rules
adopted under this chapter. If it shall appear from such examination
that a pesticide fails to comply with the provisions of this chapter,
and the secretary, or the secretary's authorized representative,
contemplates instituting criminal proceedings against any person, the
secretary or representative shall cause notice to be given to such
person. Any person so notified shall be given an opportunity to
present the person's views, either orally or in writing, with regard
to such contemplated proceedings and if thereafter in the opinion of
the secretary, or authorized representative, it shall appear that the
provisions of the chapter have been violated by such person, then the
secretary or authorized representative may refer the facts to the
county attorney for the county in which the violation shall have
occurred with a copy of the results of the analysis or the
examination of such article; provided, however, that nothing in this
chapter shall be construed as requiring the secretary or
representative to report for prosecution or for the institution of
proceedings in minor violations of the chapter whenever the secretary
or representative believes that the public interests will be best
served by a suitable notice of warning in writing. Section History: Early Form
[C66, 71, 73, § 206.7; C75, 77, 79, 81, § 206.3]
