Current through Register Vol.. 38, No. 17, April 11, 2022
A. Collection of
samples. Samples of pesticides and devices shall be collected by a designated
agent. An official representative sample shall be one which is taken by the
commissioner or his duly authorized agent. An unbroken original package shall
be taken as the official sample where the pesticide is packed in small bottles
or small packages. Where the pesticide is packed in large containers, the
official sample shall be a portion taken from one original package in a
B. Examination of samples.
Methods of sample examination shall be those adopted and published by the
Association of Official Analytical Chemists, where applicable, and any other
methods necessary to determine if the product complies with the law.
Notice of apparent violation.
1. If from an examination or analysis, a
pesticide or device appears to be in violation of the law, a written notice
shall be sent to the person against whom criminal proceedings are contemplated,
giving him an opportunity to offer a written explanation. The notice shall
state the manner in which the sample fails to meet the requirements of the law
and this chapter.
2. In addition to
his reply to the notice, any person may file, within 20 days of receipt of the
notice, a written request for an opportunity to present an oral
3. No notice or hearing
shall be required prior to the seizure of any pesticide or device.