281.280. Examination of samples--noncompliance with regulations, notice, opportunity to present views--violation, director's powers and duties.

MISSOURI STATUTES AND CODES

281.280. Examination of samples--noncompliance with regulations, notice, opportunity to present views--violation, director's powers and duties.

Examination of samples--noncompliance with regulations, notice,opportunity to present views--violation, director's powers and duties.

281.280. 1. The director may take, or cause to be taken,samples of pesticides for the purpose of determining whether theycomply with sections 281.210 to 281.310. If it shall appear fromthe examination of the pesticide so sampled that the pesticidefails to comply with the provisions of sections 281.210 to281.310, and the director contemplates instituting civilproceedings against any person, the director shall causeappropriate notice to be given to such person. Any person sonotified shall be given an opportunity to present his views,either orally or in writing, with regard to such contemplatedproceedings, and if thereafter, in the opinion of the director,it shall appear that the provisions of sections 281.210 to281.310 have been violated by such person, then the director mayrefer the facts to the prosecuting attorney for the county inwhich the violation occurred or to the attorney general, asprovided for in section 281.270. However, nothing in sections281.210 to 281.310 shall be construed as requiring the directorto report for prosecution, or for the institution of libelproceedings, minor violations of sections 281.210 to 281.310whenever he believes that the public interests will be bestserved by a suitable notice of warning in writing to theregistrant.

2. The director may, within his discretion andappropriations, report or cause to be reported the results of theexaminations, analyses and tests of any pesticides made under theprovisions of sections 281.210 to 281.310, together with anyother information which serves to carry out the proper purposesof sections 281.210 to 281.310; provided, that, if the directorreports the violations of any registrant or person he shallreport the violations of all registrants and persons over thesame period of time.