§ 20-20-219 — Enforcement

(a) (1) For the purpose of carrying out the provisions of this subchapter, the State Plant Board may enter upon any public or private premises at reasonable times, in order to: (A) Have access for the purpose of inspecting any equipment subject to this subchapter; (B) Inspect or sample lands actually or reported to be exposed to pesticides and lands from which the pesticides may have originated; (C) Inspect storage or disposal areas; (D) Inspect or investigate complaints of injury to humans or land; (E) Sample pesticides being applied or to be applied; and (F) Observe the use and application of pesticides. (2) Should the board be denied access to any land where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for the purposes set forth in this subchapter. Upon such an application, the court may issue the search warrant for the purposes requested. (b) (1) With or without the aid and advice of the prosecuting attorney, the board is charged with the duty of enforcing the requirements of this subchapter and any rules issued pursuant to it. (2) If a prosecuting attorney fails or refuses to act on behalf of the board, the Attorney General may so act. (c) The board may apply to any court of competent jurisdiction for and the court upon hearing and for cause shown may grant a temporary or permanent injunction restraining any person from violating any provisions of this subchapter, or of the rules made under authority of this subchapter, the injunction to be without bond.

Legislative History

Amended by Act 2019, No. 315,§ 1998, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1997, eff. 7/24/2019. Acts 1975, No. 389, § 21; A.S.A. 1947, § 77-271.