SEC. 69-23-11. Enforcement.
(1) The commissioner or his employees, with proper identification and during normal working hours, shall have free access to all places of business, factories, buildings, carriages, cars, stores, warehouses and other places where pesticides are offered for sale or kept for sale or distribution or use and application, and shall have authority to inspect or open any container of pesticide and to take therefrom a sample for the purpose of examination and analysis. It shall be the duty of the commissioner to take such samples and deliver them to the state chemist for examination and analysis.
(2) It shall be the duty of the state chemist to cause as many analyses to be made of samples delivered to him by the commissioner as may be necessary to properly carry into effect the intent of this chapter. He shall make reports of such analysis to the commissioner and to the manufacturer, firm or person responsible for placing on the market the pesticide represented by the samples.
(3) If it shall appear that any pesticide fails to comply with the provisions of this chapter, and the commissioner contemplates instituting criminal proceedings against any person, the commissioner 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 commissioner, it shall appear that the provisions of the chapter have been violated by such person, then the commissioner shall refer the facts to the district attorney for the county in which the violation shall have occurred, with a copy of the results of the analysis or the examination of such article; provided, however, that nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of libel proceedings minor violations of this chapter whenever he believes that the public interest will be best served by a suitable notice of warning in writing.
(4) It shall be the duty of each district attorney to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the circuit court without delay.
(5) The commissioner shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this chapter.
SOURCES: Codes, 1942, Sec. 5000-06; Laws, 1950, ch. 452, Sec. 6; 1971, ch. 509, Sec. 5; 1975, ch. 319, Sec. 8, eff from and after July 1, 1975.
1997 Amendment
SECTION 1. Section 69-23-11, Mississippi Code of 1972, is amended as follows:
69-23-11. (1) The commissioner or his employees, with proper identification and during normal working hours, shall have free access to all places of business, factories, buildings, carriages, cars, stores, warehouses and other places where pesticides are offered for sale or kept for sale or distribution or use and application, and shall have authority to inspect or open any container of pesticide and to take therefrom a sample for the purpose of examination and analysis. It shall be the duty of the commissioner to take such samples and deliver them to the State Chemist for examination and analysis.
(2) It shall be the duty of the State Chemist to cause as many analyses to be made of samples delivered to him by the commissioner as may be necessary to properly carry into effect the intent of this chapter. He shall make reports of such analysis to the commissioner and to the manufacturer, firm or person responsible for placing on the market the pesticide represented by the samples.
(3) If it shall appear that any pesticide fails to comply with the provisions of this chapter, or if provisions of this chapter have been violated, the commissioner may proceed with appropriate action as provided in this chapter or under the administrative hearing procedures provided in Section 69-25-51 et seq. If, * * * in the opinion of the commissioner, it shall appear that the provisions of the chapter have been violated, * * * the commissioner may refer the facts to the county attorney, district attorney or attorney general. * * * However, * * * nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of libel proceedings minor violations of this chapter whenever he believes that the public interest will be best served by a suitable notice of warning in writing.
(4) It shall be the duty of each county attorney, district attorney or attorney general to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay.
(5) The commissioner shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this chapter.
SOURCE: 1997 Laws, Chapter 449, Sec. 1, SB2637, Effective AP-March 25, 1997.