(a) Inspections and Examinations.

(1) The director or his duly designated agent is authorized to enter any place or conveyance where pesticides or devices are manufactured, stored, packed, delivered for transportation, transported offered for sale or sold, and to inspect and/or to take samples of such pesticides and devices.

(2) The director or his duly designated agent is authorized to enter any place where restricted use pesticides are sold or used to examine the application techniques and records that are required to be kept.

(b) Notice of Apparent Violation.

(1) If from an examination or inspection, a pesticide or device appears to be in violation of the Act of this chapter, a notice in writing shall be sent to the person against whom legal action is contemplated, giving him an opportunity to offer such written explanation as he may desire. The notice shall state the manner in which the sample fails to meet the requirements of the Act or this chapter.

(2) Any such person may, in addition to his written reply to such notice, file with the director within 20 days of receipt of the notice a written request for a hearing in connection therewith.

(c) “Stop-sale” and “Removal from Sale” Orders.

(1) The director or his designated agent is authorized to issue “stop-sale” and “removal from sale” notices as to any pesticide or device which violates or fails to comply with the provisions of the Act or this chapter and may place written or printed “stop-sale” or “removal from sale” notices on any such pesticide or device.

(2)Upon receipt of such orders, the vendor shall correct the violation and effect full compliance therewith. Such articles shall not hereafter be sold, offered for sale, transferred or disposed of except upon authorization by the director, or his designated agent.

(3)No person shall remove, deface or tamper with any “stop-sale” or “removal from sale” notices.

(d) Seizures.

(1) The director or his designated agent may seize any pesticide or device that is distributed, sold, offered for sale, transported or delivered for transportation in violation of the Act or this chapter.

(2)No notice or hearing shall be required prior to such seizures of a pesticide or device.

History: Rule 3-85. eff 9 Jul 85, § 14.