§ 35-7-367 — Enforcement

Wyoming § 35-7-367

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 7: FOOD AND DRUGS
• Art. 3: ADULTERATING OR MISBRANDING

Text

(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 act. The director 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. If it appears
from such examination that a pesticide or device fails to comply
with the provisions of this act or regulations adopted
thereunder, and the director contemplates instituting criminal
proceedings against any person, the director shall cause
appropriate notice to be given to such person. Any person so
notified shall be given an opportunity within a reasonable time
to present his views, either orally or in writing, with regard
to the contemplated proceedings. If thereafter in the opinion of
the director, it appears that the provisions of the act or
regulations adopted thereunder have been violated by such
person, the director shall refer a copy of the results of the
analysis or the examination of such pesticide or device to the
district attorney for the county in which the violation
occurred.
(b) Nothing in this act shall be construed as requiring
the director to report minor violations of this act for
prosecution or for the institution of condemnation proceedings
when he believes that the public interest will be served best by
a suitable notice of warning in writing.
(c) For the purpose of carrying out the provisions of this
act the director may enter upon any public or private premises
at reasonable times, in order:
(i) To have access for the purpose of inspecting any
equipment subject to this act and such premises on which the
equipment is kept or stored;
(ii) To inspect lands actually or reported to be
exposed to pesticides;
(iii) To inspect storage or disposal areas;
(iv) To inspect or investigate complaints of injury
to humans or land;
(v) To sample pesticides being applied or to be
applied.
(d) If the director is denied access to any land where
access was sought for the purposes set forth in this act, he may
apply to any court of competent jurisdiction for a search
warrant authorizing access to such lands for the stated
purposes. The court shall with probable cause upon such
application issue the search warrant for the purposes requested.
(e) The director may bring an action to enjoin the
violation or threatened violation of any provision of this act
or any rule made pursuant to this act in the district court of
the county in which such violation occurs or is about to occur.