4.1-34-07. Enforcement

4.1-34-07. Enforcement

The commissioner shall examine pesticides or devices for compliance with this chapter. If

after examination the commissioner intends to initiate criminal proceedings against any person,

the commissioner shall cause appropriate notice to be given to the person. Any person notified

must be given an opportunity to present the person's views, either orally or in writing, with

regard to the contemplated proceedings and if thereafter in the opinion of the commissioner it

appears the chapter has been violated by the person, the commissioner shall refer the facts to

the state's attorney for the county in which the violation has occurred with a copy of the results

of the analysis or the examination of the article. The commissioner is not required to report for

prosecution or for the institution of libel proceedings minor violations of this chapter if the

commissioner believes the public interests will be best served by a suitable written notice of

warning. A state's attorney to whom any violation is reported under this section, without delay,

shall cause appropriate proceedings to be instituted and prosecuted in the proper court of

jurisdiction. The commissioner, by publication in the manner the commissioner prescribes, shall

give notice of all judgments entered in actions instituted under the authority of this chapter.