Louisiana § RS 3:3204 - Inspections; investigations

§ RS 3:3204. Inspections; investigations

A.  When the commissioner believes that a violation of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter has occurred, the commissioner may apply to the district court for the district in which the alleged violation occurred for a warrant to search the premises in which the alleged violation occurred and to obtain, at no cost to the state, samples of any pesticides or other materials involved in the alleged violation.

B.  The commissioner shall have access, during normal working hours, to any premises where there is reason to believe that pesticides are sold, offered for sale, or held for distribution or application.  The commissioner may examine any pesticide and may open any package and take a sample for analysis, at no cost to the state.  Samples shall be taken in accordance with procedures established by the commissioner and shall be submitted to the state chemist for analysis.  On completion of the analysis, the report shall be submitted to the manufacturer and the purchaser.  If either person questions the validity of the analysis, that person may request in writing that another analysis be performed by a chemist approved by the commissioner.  The person requesting the second analysis shall pay the costs of the second analysis.  Entrance on the premises under the provisions of this Subsection shall not be deemed to be criminal trespass under any state law or local ordinance.

C.  Subject to Subsection A of this Section, the commissioner may investigate any circumstances which the commissioner has reasonable grounds to believe has caused or resulted in a violation of the provisions of Parts I through V of this Chapter or the rules or regulations adopted under Parts I through V of this Chapter.  In connection with any investigation conducted under this Subsection:

(1)  The commissioner may issue subpoenas to compel the attendance of witnesses or the production of documents and records anywhere in the state.

(2)  The sheriff of the parish in which the witness or the documents or records are located shall serve the subpoenas.

(3)  The records of investigations conducted under the provisions of this Subsection shall be confidential and shall not be public records for the purposes of Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950.

Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1985, No. 468, §1; Acts 1985, No. 637, §1.