| 1. Board powers. Notwithstanding any other provisions |
provision of law, the sampling and examination of pesticides or |
devices shall be made under the direction of the board for the |
purpose of determining whether they comply with the requirements |
of this subchapter must be done under the direction of the board. |
The board is authorized may, upon presentation of proper |
identification, to enter any distributor's premises, including |
any vehicle of transport, at all reasonable times in order to |
have access to labeled pesticides or devices packaged for |
distribution, and to may open any case, package or other |
container, and may, upon tendering the market price, take samples |
for analysis. If it appears from such an examination that a |
pesticide or device fails to comply with the provisions of this |
subchapter or regulations rules adopted thereunder under this |
subchapter, and the board contemplates instituting criminal |
proceedings against any person, the board shall cause appropriate |
notice to be given to such that person in a manner consistent |
with the Maine Administrative Procedure Act. Any The board shall |
provide any person so notified shall be given an opportunity for |
a hearing in a manner consistent with the Maine Administrative |
Procedure Act as to Act's provisions governing |
adjudicatory |