36-908. Special inspection warrant; violation; classification

A. The director and his designees having powers and duties under this article or the rules and regulations adopted pursuant to this article involving inspection of real or personal property, including any factory, warehouse, vehicle or establishment in which foods are manufactured, processed, packed, transported or held for introduction into commerce, for the purpose of pure food control may appear before a magistrate and apply for, obtain and execute special inspection warrants in accordance with the requirements of this section.

B. Upon showing by the affidavit of the director or his designee that consent to entry for inspection purposes has been refused or circumstances justify the failure to seek such consent, special inspection warrants may be issued by a magistrate for inspection of any public or private real and personal properties.

C. The warrant shall be in substantially the following form:

" County of _______________, state of Arizona

To the director of the department of health

services or any designee in the state of Arizona,

Proof by affidavit having been this day made before me by (person or persons whose affidavit has been taken) that in and upon certain premises in the (city, town or county) of _______________ and more particularly described as follows:

(describe the premises within reasonable particularity)

there now exists a reasonable governmental interest to determine if upon such premises there exists a violation of (section __________ of the Arizona Revised Statutes) and/or (section __________ of regulation or ordinance) you are therefore commanded in the daytime (or during reasonable business hours), to make an inspection of said premises as soon as practicable.

Date, signature and title of office."

The endorsement on the warrant shall be in substantially the following form: " Received by me __________, 19___, at __________ o'clock __________.

(Name of director or designee)."

The return of officer shall be in substantially the following form: " I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings).

Dated this __________ day of _______________, 19___.

(Name of director or designee)."

D. The warrant may be served by the director or his designee mentioned in its directions, but by no other person except in aid of the director or his designee on his requiring it, the director or his designee being present and acting in its execution.

E. A warrant shall be executed and returned to the magistrate who issued it within ten days after its date. After the expiration of that time, the warrant shall unless executed be void.

F. Any person who knowingly fails or refuses to permit an inspection lawfully authorized by warrant issued pursuant to this article is guilty of a class 2 misdemeanor.