206.3 - EXAMINATION AND ORDERS.

        206.3  EXAMINATION AND ORDERS.
         The examination of pesticides and those products to which
      pesticides have been applied for the content of pesticide residues
      shall be made under the direction of the secretary, or the
      secretary's authorized representative, for the purpose of determining
      whether they comply with the requirements of this chapter and rules
      adopted under this chapter.  If it shall appear from such examination
      that a pesticide fails to comply with the provisions of this chapter,
      and the secretary, or the secretary's authorized representative,
      contemplates instituting criminal proceedings against any person, the
      secretary or representative shall cause notice to be given to such
      person.  Any person so notified shall be given an opportunity to
      present the person's views, either orally or in writing, with regard
      to such contemplated proceedings and if thereafter in the opinion of
      the secretary, or authorized representative, it shall appear that the
      provisions of the chapter have been violated by such person, then the
      secretary or authorized representative may refer the facts to the
      county attorney for the county in which the violation shall have
      occurred with a copy of the results of the analysis or the
      examination of such article; provided, however, that nothing in this
      chapter shall be construed as requiring the secretary or
      representative to report for prosecution or for the institution of
      proceedings in minor violations of the chapter whenever the secretary
      or representative believes that the public interests will be best
      served by a suitable notice of warning in writing.  
         Section History: Early Form
         [C66, 71, 73, § 206.7; C75, 77, 79, 81, § 206.3]