24.1224 Enforcement-Search Warrant.

Cite as [A.S.C.A. § 24.1224]

(a) For the purpose of carrying out the provisions of this chapter, the Director 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 or sample 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 a pesticide; and

(7) have access to pesticides or devices packaged and labeled for distribution and to sample the pesticides or devices and any containers or labeling for the pesticides or devices.

(b) Should the Director be denied access to any land where the access was sought for the purposes set forth in this chapter, he may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for those purposes. The court may, upon the appli-cation, issue the search warrant for the purposes requested.

(c) The Director, with the aid and advice of the Attorney General, is charged with the duty of enforcing the requirements of this act and any rules adopted under it.

(d) The Director may bring an action to enjoin the violation or threatened violation of any provision of the act of any rule adopted under this chapter in a court of competent jurisdiction of the area in which the violation occurs or is about to occur.

(e) Nothing in this chapter 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.

History: 1979, PL 16-51 § 1; amd 1980, PL 16-69 § 1.

Amendments: 1980 Subsection (c): deleted “or without” prior to “the aid”.