Effective - 01 Jan 1990
281.061. Inspection with consent of owner of premises — search warrant to issue, when — director may bring action to enjoin, when. — 1. For the purpose of enforcing the provisions of sections 281.010 to 281.115, the director may, with permission from the owner or person in charge, enter upon a premises at reasonable times in order to inspect, investigate, observe, sample, and audit; provided that such right of entry, in the case of manufacturing and formulation establishments, be limited to those areas where pesticides are packaged, labeled and released for shipment.
2. If the director is denied access to any land where such access was sought for the purposes set forth in this section, he may apply to any court of competent jurisdiction for a search warrant authorizing access to that land for those purposes. The court may issue a search warrant for the purposes requested upon probable cause being shown.
3. The director may report any violation of the provisions of sections 281.010 to 281.115 to the prosecuting attorney of the county where the violation occurs. The prosecuting attorney may institute appropriate proceedings in a court of competent jurisdiction. If any prosecuting attorney refuses or fails to act on request of the director, the attorney general shall so act.
4. The director may bring an action to enjoin the violation or threatened violation of any provision of sections 281.010 to 281.115, or any rule promulgated thereunder, in the circuit court of the county in which the violation occurs or is about to occur. No court shall allow for recovery of damages for administrative action taken if the director acts in good faith. No bond shall be required of the director.
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(L. 1977 H.B. 665, A.L. 1988 H.B. 1384)
Effective 1-01-90
Structure Missouri Revised Statutes
Title XVII - Agriculture and Animals
Section 281.005 - Preemption of all ordinances and rules of political subdivisions.
Section 281.010 - Short title.
Section 281.015 - Director of agriculture to administer.
Section 281.015 - Director of agriculture to administer.
Section 281.020 - Definitions.
Section 281.020 - Definitions.
Section 281.023 - Director may enter into cooperative agreements with political subdivisions.
Section 281.030 - Classification of licenses, how made — rulemaking powers — fees.
Section 281.030 - Classification of licenses, how made — rulemaking powers — fees.
Section 281.060 - Sanctioning of license, when — civil penalty, when, amount, enforcement of.
Section 281.063 - Director may subpoena witnesses and documents, when.
Section 281.063 - Director may subpoena witnesses and documents, when.
Section 281.075 - Reciprocal licensing authorized, when.
Section 281.075 - Reciprocal licensing authorized, when — agent to be designated by nonresidents.
Section 281.085 - Pesticide containers, regulation of, handling of.
Section 281.085 - Pesticide containers, regulation of, handling of.
Section 281.090 - Stop orders, when — effect of.
Section 281.095 - Appeals, how taken.
Section 281.100 - Instructional courses, how conducted.
Section 281.101 - Unlawful acts.
Section 281.101 - Unlawful acts.
Section 281.102 - Delayed effective date.
Section 281.105 - Penalty for violations.
Section 281.110 - Authorization to accept federal aid.
Section 281.115 - Director's rules, ratification of.
Section 281.116 - Inspectors for wood-destroying insects, licenses required.
Section 281.210 - Citation of law — administration by director of agriculture.
Section 281.220 - Definitions.
Section 281.230 - Rules and regulations, authority.
Section 281.265 - Pesticide education fund created, use of moneys.
Section 281.300 - Seizure and condemnation of unlawful pesticides — director's powers and duties.