§ 15-16-4-70 — Examination of pesticide products; proceedings; prosecution

(a) The examination of pesticide products
shall be made under the direction of the state chemist to determine
whether the pesticide products comply with this chapter.
(b) If it appears after an examination that a pesticide product fails
to comply with this chapter and the state chemist contemplates
instituting proceedings against any person, the state chemist shall give
appropriate notice to the person.
(c) A person notified under subsection (b) shall be given an
opportunity to present the person's views, either orally or in writing,
with regard to the contemplated proceedings to the state chemist.
(d) Subject to subsection (e), if the state chemist determines that a
person violated this chapter, the state chemist may refer the facts to the
prosecuting attorney for the county in which the violation occurred
with a copy of the results of the analysis or the examination of the
pesticide product.
(e) This chapter may not be construed to require the state chemist
to report for prosecution or for the institution of other proceedings
minor violations of this chapter whenever the state chemist believes
that the public interests will be best served by other action.
[Pre-2008 Recodification Citation: 15-3-3.5-19.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.71.