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2006 Georgia Code - 2-7-69
2-7-69. (a) Sampling and examination of pesticides or
devices shall be made under the direction of the Commissioner for
the purpose of determining whether they comply with the
requirements of this article. The Commissioner is authorized, upon
presentation of proper identification, to enter any
distributor´s premises, including any vehicle of transport,
at all reasonable times, in order to have access to inspect and
sample labeled pesticides or devices packaged for distribution. If
it appears upon inspection or examination that a pesticide or
device fails to comply with this article or regulations adopted
hereunder 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, within a reasonable time,
to present his views, either orally or in writing, with regard to
the contemplated proceedings. If thereafter, in the opinion of the
Commissioner, it appears that this article or regulations adopted
hereunder have been violated by such person, the Commissioner shall
refer a copy of the results of the analysis or the examination of
such pesticide or device to the prosecuting attorney for the county
in which the violation occurred. (b) Should the Commissioner be denied access to
any land where such access was sought for the purposes set forth in
this article, he may apply to any court of competent jurisdiction
for a search warrant authorizing access to such land for such
purposes. The court, upon such application, may issue the search
warrant for the purposes requested. (c) The Commissioner is charged with the duty of
enforcing the requirements of this article and the rules and
regulations promulgated hereunder. (d) In addition to any other remedy provided in
this article, the Commissioner is authorized to bring an action to
enjoin a violation of any provision of this article or any rule or
regulation promulgated hereunder. In such an action it shall not be
necessary for the Commissioner to allege or prove the absence of an
adequate remedy at law. (e)
Nothing in this article shall be construed as requiring the
Commissioner to report minor violations of this article for
prosecution or for the institution of condemnation proceedings,
when he believes that the public interest will be served best by a
suitable notice of warning in writing.
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