§ 23-25-20. Enforcement.
(a) The sampling and examination of pesticides or devices shall be made under the direction
of the director for the purpose of determining whether they comply with the requirements
of this chapter. The director, or his or her designated agent, is authorized, upon
presentation of proper identification, to enter any distributor's premises, including
any vehicle of transport, at all reasonable times in order to have access to pesticides
or devices packaged and labeled for distribution and to samples of any containers
or labeling for those pesticides and devices. If the director or his or her agent
obtains any samples, prior to leaving the premises, he or she shall give to the owner
or person in charge a receipt describing the samples obtained and, if requested, a
portion of each sample equal in volume or weight to the portion retained. If an analysis
is made of those samples, a copy of the results of the analysis shall be furnished
promptly to the owner or person in charge. If it appears from the examinations that
a pesticide or device fails to comply with the provisions of this chapter or regulations
adopted under this chapter and the director contemplates instituting criminal proceedings
against any person, the director shall cause appropriate notice to be given to that
person. Any person notified shall be given an opportunity within a reasonable time
to present his or her views, either orally or in writing, with regard to the contemplated
proceedings. If after this, in the opinion of the director, it appears that the provisions
of the chapter or regulations adopted under this chapter have been violated by that
person, the director shall refer a copy of the results of the analysis or the examination
of the pesticide or device to the prosecuting attorney for the county in which the
violation occurred.
(b) For the purpose of carrying out the provisions of this chapter, the director or his
or her designated agent may enter upon any public or private premises at reasonable
times in order to:
(1) Have access for the purpose of inspecting any equipment used in applying pesticides;
(2) Inspect and take samples from lands actually or reported to be exposed to pesticides;
(3) Inspect storage or disposal areas;
(4) Inspect or investigate complaints of injury to humans or land;
(5) Sample pesticides being applied or to be applied;
(6) Observe the use and application of any pesticide; and
(7) Administer to or take from any person an oath, affirmation, or affidavit whenever
that oath, affirmation, or affidavit is for use in any prosecution or proceeding under
or in the enforcement of this chapter. That document, when certified by the party
taking the statement, shall then be admissible in any administrative proceeding without
further proof of the identity or authority of the agent.
(c) Should the director be denied access to any land where the access was sought for the
purposes set forth in this chapter, he or she may apply to any court of competent
jurisdiction for a search warrant authorizing access to the land for those purposes.
The court may, upon application, issue the search warrant for the purpose requested.
(d) The director, with or without the aid and advice of the county or district attorney,
is charged with the duty of enforcing the requirements of this chapter and any rules
or regulations issued under this chapter. In the event a county or district attorney
refuses to act on behalf of the director, the attorney general may act.
(e) The director may bring an action to enjoin the violation or threatened violation of
any provision of this chapter or any regulations made pursuant to this chapter in
a court of competent jurisdiction of the county in which the violation occurs or is
about to occur.
(f) Nothing in this chapter shall be construed as requiring the director to report minor
violations of this chapter for prosecution or for the institution of condemnation
proceedings when the director believes that the public interest will be served best
by a suitable notice of warning in writing.