§923. Procedure for prosecuting violations

Published: 2015

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The Vermont Statutes Online









923. Procedure for prosecuting violations

The examination

of economic poisons shall be made under the direction of the secretary for the

purpose of determining whether they comply with the requirements of this

chapter. If it shall appear from such examination that an economic poison fails

to comply with the provisions of this chapter, and the secretary contemplates

instituting criminal proceedings against any person, the secretary shall cause

appropriate notice to be given to such person. Any person so notified shall be

given an opportunity to present his views, either orally or in writing, with

regard to such contemplated proceedings and if thereafter in the opinion of the

secretary it shall appear that the provisions of the chapter have been violated

by such person, then the secretary shall refer the facts to the state's

attorney for the county in which the violation shall have occurred with a copy

of the results of the analysis or the examination of such article. However,

nothing in this chapter shall be construed as requiring the secretary to report

for prosecution or for the institution of libel proceedings minor violations of

the chapter whenever he believes that the public interests will be best served

by a suitable notice of warning in writing. (Amended 2003, No. 42, § 2, May 27,