2-2462


Chapter 2.--AGRICULTURE


Article 24.--PEST CONTROL

     
2-2462.   Enforcement.
For the purposes of carrying out the provisions of this act, the
secretary or his or her agent or the county or district attorney or their
agents may enter any premises at any reasonable time, in order:

     
(1)   To have access for the purpose of inspecting any equipment subject
to this act and such premises on which such equipment is kept or stored;
or

     
(2)   to inspect or sample lands and crops actually or reported to be exposed
to pesticides; or

     
(3)   to inspect storage or disposal areas; or

     
(4)   to inspect or investigate complaints of injury to humans, crops or land; or

     
(5)   to sample pesticides being applied or to be applied; or

     
(6)   to observe the use and application of a pesticide.

     
Should the secretary, his or her agent or the county or district attorney
or their agents be denied access to any land where such access was sought for the
purposes authorized, the secretary or the county or district attorney may
apply to any court
of competent jurisdiction for a search warrant authorizing access to such
land for said purposes. The court may upon such application, issue the
search warrant for the purposes requested.

     
The enforcement of the criminal provisions of this act shall be the duty
of, and shall be implemented by, the county or district attorneys of the
various counties or districts. In the event a county or district attorney
refuses to act, the attorney general shall so act. The secretary is charged
with the duty of enforcing all other provisions of this act.

     
History:   L. 1976, ch. 1, § 25; Oct. 21, 1977.