1. (a) A department employee or designated agent may enter upon public or private premises at reasonable times and with the owner's or occupier's consent to

   1. (1) inspect containers, equipment, and supplies used to store, mix, load, transport, or apply pesticides;
   2. (2) inspect, investigate, or take samples in response to a complaint or investigation involving pesticides or their use, sale, distribution, storage or disposal;
   3. (3) inspect display, storage, retail, distribution, mixing, loading, or disposal areas;
   4. (4) take samples of pesticides;
   5. (5) observe the use of a pesticide;
   6. (6) inspect records required by this chapter; or
   7. (7) gather evidence, including the taking of sworn or unsworn statements, for use in evaluating or conducting proceedings to enforce this chapter.
2. (b) If access is denied to a department employee or agent attempting to conduct an inspection under (a) of this section, or if circumstances warrant access without prior notice, the department will, in its discretion, apply to a court for a search warrant under AS 46.03.860 or other law.

(Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183)

Authority: AS 46.03.010, AS 46.03.320, AS 46.03.730, AS 46.03.020, AS 46.03.330