RS 3:3252 Violations, enforcement - Louisiana Statutes

§3252.  Violations, enforcement

A.  Violations of this Part shall include but shall not be limited to the following:

(1)  Making false or fraudulent claims not in accordance with the label through any media misrepresenting the efficacy of pesticides or methods to be utilized.

(2)  Making a pesticide recommendation or application inconsistent with the labeling or in violation of the E.P.A. or state restrictions on the use of that pesticide.

(3)  Knowingly operating faulty or unsafe equipment.

(4)  Operating in a faulty, careless, or negligent manner.

(5)  Neglecting or, after notice, refusing to comply with the provisions of this Chapter or rules and regulations adopted under the provisions of this Chapter.

(6)  Refusing or neglecting to keep and maintain the records required by this Part.

(7)  Knowingly making false or fraudulent records or invoices.

(8)  Selling or supervising the sale of any restricted use pesticide to a person who does not have the proper certification.

(9)  The application of a restricted use pesticide by a ground applicator who does not hold the appropriate certification or who is not under the direct supervision of a person who holds the appropriate certification, or the application of any pesticide by an aerial applicator who does not hold the appropriate certification.

(10)  Supervising the sale or application of a restricted use pesticide without the proper certification.

(11)  Allowing the application of restricted use pesticides by uncertified persons without the physical presence of a certified applicator, when the physical presence of the certified applicator is required by the commissioner.

(12)  The aiding or abetting, or conspiring to aid or abet, by any licensed or certified person, of the violation of the provisions of this Chapter, or of the rules and regulations adopted under the provisions of this Chapter, by any unlicensed or uncertified person.

(13)  Allowing a license or certificate to be used by another person.

(14)  Impersonating any federal, state, parish, or city inspector or official who has authority to enforce pesticide laws, ordinances, rules, or regulations.

(15)  Interference with the commission, the commissioner, the state chemist, or their representatives in the performance of their duties in connection with this Part.

(16)  Performance of a service or function by any person whose license or certificate has been suspended or revoked, or by any person who has been denied a license or certificate, or failure by any person to obtain the necessary license or certificate for any activity requiring a license or certificate under the provisions of this Chapter.

(17)  Application of phenoxy herbicides by any aerial applicator who does not have the proper license or the proper bond or insurance.

(18)  Any violation of any provision of this Chapter or of any rule or regulation adopted under the provisions of this Chapter.

(19)  The sale of a restricted use pesticide by a person who does not hold the appropriate certification or who is not under the direct supervision of a person who holds the appropriate certification.

(20)  The purchase of a restricted use pesticide by a person who does not hold the appropriate certification.

(21)  Any evasion of payment of any fines legally imposed by the commissioner.

B.  The commissioner may assess a civil penalty of not more than five thousand dollars for each violation of any of the prohibitions in Subsection A of this Section.  Each day on which a violation occurs shall be considered a separate offense.  In addition to civil penalties, the commissioner may assess the proportionate costs of the adjudicatory hearing against the offender.  The commissioner by rule shall determine the amount of costs to be assessed.

C.  The commissioner may suspend or revoke any license or certificate issued under the authority of this Part, or impose probation on any person who holds a license or certificate, for any violation of any of the prohibitions in Subsection A of this Section.

D.  Civil penalties may be assessed, licenses and certificates may be suspended or revoked, and probation may be imposed, only by a ruling of the commissioner based on an adjudicatory hearing held in accordance with the provisions of Section 3214 of this Chapter.

E.  The commissioner may institute civil proceedings to enforce his rulings in the district court for the parish in which the violation occurred.

F.  The commissioner may institute civil proceedings seeking injunctive relief to restrain and prevent the violation of the provisions of this Part or of the rules and regulations adopted under the provisions of this Part in the district court for the parish in which the violation occurred.

Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.  Acts 1983, No. 130, §1; Acts 1985, No. 166, §1; Acts 1986, No. 509, §1.