Sec. 22-59. Enforcement of provisions. Duties and powers of commissioner.
Sec. 22-59. Enforcement of provisions. Duties and powers of commissioner.
(a) The duty of enforcing this chapter and carrying out its provisions and requirements
shall be vested in the Commissioner of Agriculture. The commissioner, who may act
through his authorized agents, shall: (1) Sample, inspect, make analysis of and test
agricultural and vegetable seeds transported, sold or offered or exposed for sale within
this state for sowing purposes, at such time and place and to such extent as he deems
necessary, to determine whether such agricultural or vegetable seeds are in compliance
with the provisions of this chapter, and to notify promptly the person who transported,
sold or offered or exposed the seed for sale of any violation; (2) prescribe and, after
public hearing following public notice, adopt regulations governing the methods of
sampling, inspecting, analysis, tests and examination of agricultural and vegetable seed,
and the tolerances to be followed in the administration of this chapter, which shall be
in general accord with officially prescribed practice in interstate commerce, and such
other regulations as are necessary to secure the efficient enforcement of this chapter; (3)
prescribe and, after public hearing following public notice, establish, add to or subtract
therefrom by regulation a prohibited and restricted noxious-weed list, and (4) prescribe
and, after public hearing following public notice, adopt regulations establishing reasonable standards of germination for vegetable seeds.
(b) For the purpose of carrying out the provisions of this chapter, the commissioner,
individually or through his authorized agents, may: (1) Enter upon any public or private
premises during regular business hours in order to have access to seeds and the records
connected therewith, subject to this chapter and the regulations made thereunder and
any truck or other conveyor by land, water or air at any time when the conveyor is
accessible for the same purpose; (2) issue and enforce a written or printed "stop-sale"
order to the owner or custodian of any lot of agricultural or vegetable seed, which the
commissioner or his agent finds is in violation of any of the provisions of this chapter,
which order shall prohibit further sales, processing and movement of the seed except
on approval of the commissioner or his agent, until the commissioner or such agent has
evidence that the law has been complied with and he has issued a release of the seed
from the "stop-sale" order. The owner or custodian of such seeds shall have the right
to appeal from such order to a court of competent jurisdiction in the area in which the
seeds are found, praying for a judgment as to the justification of such order and for the
discharge of such seed from the order prohibiting sale, process and movement. The
provisions of this section shall not be construed as limiting the right of the commissioner
or his authorized agent to proceed as authorized by other sections of this chapter; (3)
establish and maintain or make provision for seed-testing facilities, employ qualified
persons and incur such expenses as are necessary to comply with these provisions; (4)
make or provide for making purity and germination tests of seeds for residents of the
state on request, and prescribe regulations governing such testing, and fix and collect
charges for the tests made; (5) cooperate with the United States Department of Agriculture and other agencies in seed law enforcement by mutual agreement.
(1949 Rev., S. 3098; 1949, S. 1714d; 1959, P.A. 83; 637, S. 2; 1961, P.A. 67; 1963, P.A. 75, S. 5; 1971, P.A. 872, S.
446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1959 acts amended Subsec. (b) replacing orders to stop sales with orders to stop sales, process and movement
of seeds, adding references to commissioner's agents and deleting in Subdiv. (2) proviso which forbade stop-sale orders
without first offering owner or custodian of seed opportunity to comply with law or withdraw seeds from sale and replaced
commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced
commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources;
1963 act deleted commissioner's powers to establish and maintain grades and brands of seeds and seed mixtures and label
brands, added Subsec. (a)(3) and (4) re noxious-weed list and germination standards and amended Subsec. (b)(1) to require
access to records and trucks or other conveyors in and to (b)(5)include other agencies; 1971 act replaced commissioner of
agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner
of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed
Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004.