§ 5-112. Enforcement

   (a) Examinations of pesticides; notice to registrant. -- The Secretary shall examine pesticides to determine whether they comply with the requirements of this subtitle. If it appears from the examination that a pesticide fails to comply with the provisions of this subtitle, and the Secretary contemplates instituting criminal proceedings against any person, he shall give appropriate notice to the person. Any person receiving notice shall be given an opportunity to present his views, orally or in writing, with regard to the contemplated proceedings.

(b) Report of violations for criminal prosecution. -- If the Secretary determines that the provisions of the subtitle have been violated by the person, he shall refer the facts to the State's Attorney for the county in which the violation has occurred with a copy of the results of the analysis or the examination of the pesticide. This subtitle does not require the Secretary to report for prosecution, or for the institution of libel proceedings, any minor violation of the subtitle whenever he believes that the public interest is best served by a suitable written warning notice.

(c) Duty of prosecuting attorney. -- The prosecuting attorney to whom any violation is reported shall institute appropriate proceedings in the proper court without delay.

(d) Notice of judgments. -- The Secretary shall give notice by publication of any judgment entered in any action instituted under the authority of this subtitle.

(e) Right of entry. -- The Secretary may enter, during regular business hours, any commercial premises, including any commercial transportation vehicle, where any pesticide is sold, offered for sale, stored or is being transported, to enforce the provisions of this subtitle.

HISTORY: An. Code 1957, art. 48, § 134; 1973, 1st Sp. Sess., ch. 6, § 1; 1974, ch. 187.