§ 6824. Interference with officer or employee of department.

301 words·~1 min read·/pa/title-3/chapter-68/6824

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(a)Interference.-- A person who willfully or intentionally interferes with an employee or officer of the department in the performance of the employee's or officer's duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment for not more than one year or a fine of not more than $2,500, or both.

(b)Refuse entry.--

(1)It shall be a violation of this chapter to refuse entry to a department employee or agent acting under the authority of this chapter.

(2)For purposes of this subsection, the term "refuse entry" includes any of the following:

(i)Preventing entry to the establishment or any other place or object set forth in section 6823(a) (relating to inspection, sampling and analysis).

(ii)Preventing the taking of a sample as authorized under this chapter.

(iii)Preventing access to records required under this chapter or any order issued under the authority of this chapter or regulation promulgated under this chapter.

(c)Search warrant.--

(1)The department may apply for a search warrant to any court of competent jurisdiction authorized to issue a search warrant for the purposes of conducting inspections, collecting samples or examining records of any facility, premises or vehicle in the enforcement of this chapter.

(2)The warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following:

(i)The department or its authorized agent has been subject to interference or refused entry as defined under subsections

(a)and (b).

(ii)The department has reasonable grounds to believe that a violation of this chapter, a regulation promulgated under this chapter or an order issued under the authority of this chapter has occurred.

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