§ 1226 — Inspection

(a) For the purpose of carrying out this chapter, the Department may enter upon any public premises, and in the case of private premises, may enter with the written approval of the occupier of the premises, in order to:

(1) Inspect and sample lands actually or reported to be exposed to pesticides;

(2) Inspect storage or disposal areas;

(3) Inspect or investigate complaints of injury to humans or land;

(4) Sample pesticides being applied or to be applied;

(5) Observe the use of a restricted use pesticide or state restricted pesticide use;

(6) Inspect books and records relating to the shipment, sale or use of pesticides; or

(7) Sample pesticides being held for sale or distribution.

(b) Should the Department be denied access to any land where such an access was sought for the purposes set forth in this chapter, it 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.

Legislative History

60 Del. Laws, c. 671, § 1 ; 64 Del. Laws, c. 189, § 9