§ 23-24-11 - Examinations and investigations.
SECTION 23-24-11
§ 23-24-11 Examinations andinvestigations. – (a) The consumer protection unit is authorized to conduct examinations,inspections, and investigations for the purposes of this chapter through itsofficers and employees or through any health officer or employee of the stateduly commissioned by the consumer protection unit as an officer of the consumerprotection unit.
(b) For purposes of enforcement of this chapter, officers oremployees duly designated by the consumer protection unit, upon presentingappropriate credentials and a written notice to the owner, operator, or agentin charge, are authorized:
(1) To enter, at reasonable times, any factory, warehouse, orestablishment in which the hazardous substances are manufactured, processed,packed, or held for introduction into intrastate commerce or are held afterthat introduction or to enter any vehicle being used to transport or hold thehazardous substances in intrastate commerce;
(2) To inspect, at reasonable times and within reasonablelimits and in a reasonable manner, the factory, warehouse, establishment, orvehicle, and all pertinent equipment, finished and unfinished materials, andlabeling; and
(3) To obtain samples of the materials or packages, or of thelabeling.
(ii) A separate notice shall be given for each inspection,but a notice shall not be required for each entry made during the periodcovered by the inspection. Each inspection shall be commenced and completedwith reasonable promptness.
(c) If the officer or employee obtains any sample, prior toleaving the premises, he or she shall give to the owner, operator, or agent incharge a receipt describing the samples obtained. If an analysis is made ofthat sample, a copy of the results of the analysis shall be furnished promptlyto the owner, operator, or agent in charge.