2-3307.   Access to premises by secretary;inspections, samples andinvestigations; search warrants; enforcement of criminal and civil provisionsof act.(a) For the purpose of carrying out the provisions of this act, including anyreview of the application of swine waste under K.S.A. 2-3318 andamendmentsthereto,the secretary or the secretary's agent or the county or district attorneyor 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 thisact;

      (2)   inspect or sample water, lands and crops reported to be exposed tochemicals;

      (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 districtattorneyor their agents be denied access to any land where such access was soughtfor the purposes authorized, the secretary or the county or district attorneymay apply to any court of competent jurisdiction for a search warrantauthorizingaccess 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 theduty of, and shall be implemented by, the county or district attorneys ofthe various counties or districts. In the event a county or district attorneyrefuses to act, the attorney general shall so act. The secretary is chargedwith the duty of enforcing all other provisions of this act.

      History:   L. 1985, ch. 5, § 7;L. 1998, ch. 143, § 26; May 7.