Inspections; Search Warrants; Injunctions

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Plant Disease, Pest Control, and Pesticides
  5. Use and Application of Pesticides
  6. Inspections; Search Warrants; Injunctions

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  1. For the purpose of carrying out this article, the Commissioner may enter upon any public or private premises, at reasonable times, in order to:
    1. Have access for the purpose of inspecting any equipment subject to this article;
    2. Inspect or sample lands actually or reported to be exposed to pesticides;
    3. Inspect storage or disposal areas;
    4. Inspect or investigate complaints of injury to humans or land;
    5. Sample pesticides being applied or to be applied; or
    6. Observe the use and application of any pesticide.
  2. Should the Commissioner be denied access to any land, where such access was sought for the purposes set forth in this article, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for such purposes. Upon such application, the court may issue a search warrant for the purposes requested.
  3. The Commissioner is charged with the duty of enforcing the requirements of this article and the rules and regulations promulgated hereunder.
  4. In addition to any other remedy provided in this article, the Commissioner is authorized to bring an action to enjoin a violation of any provision of this article or any rule or regulation promulgated hereunder. In such an action it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law.

(Ga. L. 1972, p. 849, § 21; Ga. L. 1976, p. 369, § 23; Ga. L. 1980, p. 749, §§ 4, 5.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agriculture, §§ 39 et seq., 53 et seq.


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