2-3307. Access to premises by secretary; inspections, samples and investigations; search warrants; enforcement of criminal and civil provisions of act.
2-3307
2-3307. Access to premises by secretary;
inspections, samples and
investigations; search warrants; enforcement of criminal and civil provisions
of act.
(a) For the purpose of carrying out the provisions of this act, including any
review of the application of swine waste under K.S.A. 2-3318 and
amendments
thereto,
the secretary or the secretary's agent or the county or district attorney
or their agents may enter any premises at any reasonable time in order to:
(1) Have access for the purpose of inspecting any equipment subject to this
act;
(2) inspect or sample water, lands and crops reported to be exposed to
chemicals;
(3) inspect or investigate complaints or injury to humans, crops or land;
(4) sample chemicals being applied or to be applied; or
(5) observe the use and application of chemicals.
Should the secretary, the secretary's 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 such purposes. The court, upon such application,
may issue the search warrant for the purposes requested.
(b) 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. 1985, ch. 5, § 7;
L. 1998, ch. 143, § 26; May 7.