281.280. Examination of samples — noncompliance with regulations, notice, opportunity to present views — violation, director's powers and duties.

328 words·~1 min read·/mo/chapter-281/281-280

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281.280. Examination of samples — noncompliance with regulations, notice, opportunity to present views — violation, director's powers and duties. — 1. The director may take, or cause to be taken, samples of pesticides for the purpose of determining whether they comply with sections 281.210 to 281.310 . If it shall appear from the examination of the pesticide so sampled that the pesticide fails to comply with the provisions of sections 281.210 to 281.310 , and the director contemplates instituting civil 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 to present his views, either orally or in writing, with regard to such contemplated proceedings, and if thereafter, in the opinion of the director, it shall appear that the provisions of sections 281.210 to 281.310 have been violated by such person, then the director may refer the facts to the prosecuting attorney for the county in which the violation occurred or to the attorney general, as provided for in section 281.270 .

However, nothing in sections 281.210 to 281.310 shall be construed as requiring the director to report for prosecution, or for the institution of libel proceedings, minor violations of sections 281.210 to 281.310 whenever he believes that the public interests will be best served by a suitable notice of warning in writing to the registrant.

2. The director may, within his discretion and appropriations, report or cause to be reported the results of the examinations, analyses and tests of any pesticides made under the provisions of sections 281.210 to 281.310 , together with any other information which serves to carry out the proper purposes of sections 281.210 to 281.310 ; provided, that, if the director reports the violations of any registrant or person he shall report the violations of all registrants and persons over the same period of time.

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(L. 1955 p. 26 § 6, A.L. 1982 H.B. 1514 § 263.340)