281.061. Inspection with consent of owner of premises — search warrant to issue, when — director may bring action to enjoin, when.

295 words·~1 min read·/mo/chapter-281/281-061

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281.061. Inspection with consent of owner of premises — search warrant to issue, when — director may bring action to enjoin, when. — 1. For the purpose of enforcing the provisions of sections 281.010 to 281.115 , the director may, with permission from the owner or person in charge, enter upon a premises at reasonable times in order to inspect, investigate, observe, sample, and audit; provided that such right of entry, in the case of manufacturing and formulation establishments, be limited to those areas where pesticides are packaged, labeled and released for shipment.

2. If the director is denied access to any land where such access was sought for the purposes set forth in this section, he may apply to any court of competent jurisdiction for a search warrant authorizing access to that land for those purposes. The court may issue a search warrant for the purposes requested upon probable cause being shown.

3. The director may report any violation of the provisions of sections 281.010 to 281.115 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on request of the director, the attorney general shall so act.

4. The director may bring an action to enjoin the violation or threatened violation of any provision of sections 281.010 to 281.115 , or any rule promulgated thereunder, in the circuit court of the county in which the violation occurs or is about to occur. No court shall allow for recovery of damages for administrative action taken if the director acts in good faith. No bond shall be required of the director.

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(L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-01-90