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55-424. Duties of secretary; entry upon premises; samples collected; stop-sale order.

55-424

Chapter 55.--OIL AND GAS
Article 4.--PETROLEUM PRODUCTS INSPECTION

      55-424.   Duties of secretary; entry uponpremises; samples collected; stop-sale order.(a) The secretary may examineand test the quality of such petroleum products sold, offered for sale, used ordelivered byany manufacturer, importer, or distributor in this state.

      (b)   The secretary shall have access during business hours to enter allplaces where petroleum products are manufactured, stored, sold or offered forsale or resale for the purpose of examination, inspection, sampling orinvestigation of such petroleum products. Neither the secretary nor anyauthorized representative of the secretary shall be required to obtain a searchwarrant in order to perform any duty imposed by this section.

      (c)   The secretary may collect or cause to be collected any samples ofpetroleum products and test or cause such samples to be tested or analyzed forcompliance with the provisions of this act or any rules and regulations adoptedthereunder.

      (d)   Whenever the secretary finds any violation of this act or any rule andregulation adopted under this act has occurred, the secretary may issue astop-sale order, removal order or any combination of such orders with respectto any petroleum product being manufactured, held, offered, or exposed forsale, sold or delivered if the secretary deems it necessary for the protectionof the public.

      (e)   No person may sell, use, remove, otherwise dispose of, or fail toremove from the premises any petroleum product contrary to the terms of anyorder issued pursuant to this section.

      History:   L. 1935, ch. 210, § 3; L. 1941, ch. 278, § 2;L. 1989, ch. 163, § 3;L. 1993, ch. 58, § 3; July 1.

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