281.061. Inspection with consent of owner of premises--search warrant to issue, when--director may bring action to enjoin, when. - Missouri Statutes

Inspection with consent of owner of premises--search warrant toissue, when--director may bring action to enjoin, when.

281.061. 1. For the purpose of enforcing the provisions ofsections 281.010 to 281.115, the director may, with permissionfrom the owner or person in charge, enter upon a premises atreasonable times in order to inspect, investigate, observe,sample, and audit; provided that such right of entry, in the caseof manufacturing and formulation establishments, be limited tothose areas where pesticides are packaged, labeled and releasedfor shipment.

2. If the director is denied access to any land where suchaccess was sought for the purposes set forth in this section, hemay apply to any court of competent jurisdiction for a searchwarrant authorizing access to that land for those purposes. Thecourt may issue a search warrant for the purposes requested uponprobable cause being shown.

3. The director may report any violation of the provisionsof sections 281.010 to 281.115 to the prosecuting attorney of thecounty where the violation occurs. The prosecuting attorney mayinstitute appropriate proceedings in a court of competentjurisdiction. If any prosecuting attorney refuses or fails toact on request of the director, the attorney general shall soact.

4. The director may bring an action to enjoin the violationor threatened violation of any provision of sections 281.010 to281.115, or any rule promulgated thereunder, in the circuit courtof the county in which the violation occurs or is about to occur.No court shall allow for recovery of damages for administrativeaction taken if the director acts in good faith. No bond shallbe required of the director.

(L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90