P.R. Laws tit. 5, § 1009

2019-02-20 00:00:00+00
§ 1009. Access to establishments and records

In order to put into effect this chapter and the regulations promulgated by virtue thereof, the Secretary or his/her duly identified representatives [are] hereby invested with the power to enter any building, store, warehouse, ship or vehicle where pesticides or devices are manufactured, bottled, packed, repacked, transported, stored, or offered for sale. They may obtain samples for analysis or testing from any lot, container, package, case or receptacle that contains, or is suspected to contain a pesticide. The Secretary or his/her representative may, likewise, have access to and copy all information regarding the deliveries, transactions and movement or retention of pesticides and devices.

Likewise, the Secretary, or his/her representative, is hereby empowered to enter any establishment or place where pesticides are being applied to verify that they are being used according to the provisions of this chapter and the regulations promulgated by virtue thereof.

In order to enforce compliance with the provisions of this chapter and the regulations promulgated by virtue thereof, or when there is reason to believe that its provisions are being violated, the Secretary is hereby empowered to resort to any competent court of justice to obtain search warrants so as to be able to enter any of the establishments or places mentioned herein and perform the inspections authorized in this section, as well as to copy all information related to the deliveries, transactions, and movement or retention of pesticides or devices.

It shall be the obligation of every manufacturer, distributor, vendor, importer, or any other person engaged in the sale or distribution of pesticides in Puerto Rico to allow that samples be taken in their respective establishments by any authorized representative of the Department.

The Secretary shall regulate, among other things, the amount of the product that shall be taken as an official sample and how to identify the same. If the owner, operator, agent or representative in charge of the place at the time it is being inspected, the authorized inspector or authorized official of the Department shall advise him/her of the intention to conduct an inspection and/or take samples, shall inform the latter of the reason for said inspection and shall provide him or her with a written notice of said inspection. Upon being so notified no person shall prevent the authorized representative of the Department to conduct or perform said inspection and/or the taking of samples.

History —June 10, 1953, No. 49, p. 120, § 9; June 5, 1973, No. 91, p. 386, § 4; Oct. 30, 1975, No. 16, p. 804, § 8; Apr. 29, 1976, No. 25, p. 61, § 2; Aug. 21, 1999, No. 278, § 11.