3-233

3-233. Powers and duties; fees; penalty

A. For the purpose of carrying out this article, the director may:

1. In order to have access to seeds and the records pertaining to seeds subject to
this article and the rules adopted under this article, enter upon:

(a) Any established plant, warehouse or place of business during customary business
hours.

(b) Any truck or other conveyance operated on land, on water or in the air on
probable cause or reasonable suspicion to believe that a violation of this article has
occurred.

2. Issue and enforce a written cease and desist order to the owner or custodian of
any lot of agricultural, vegetable or ornamental plant seed which the director finds is
in violation of this article, as provided in section 3-238, and any lot or lots of seed
sold, or transported for sale, which do not meet all requirements of the plant variety
protection act (P.L. 91-577; 84 Stat. 1542; 7 United States Code sections 2321 through
2582).

3. Provide through the state agricultural laboratory for seed testing facilities,
employ qualified persons and incur expenses necessary to comply with this article.

4. Through the state agricultural laboratory:

(a) Provide for making purity, germination, noxious weed, tetrazolium and pathology
tests of seeds for farmers and dealers on request pursuant to rules prescribed by the
director governing such testing.

(b) Collect charges for the tests as prescribed by the director.

5. Cooperate with the United States department of agriculture and other agencies in
seed law enforcement.

6. Revoke, suspend, restrict, deny or choose not to renew a license issued under
this article or fix periods and terms of probation for a license holder after a hearing
at which the license holder is found by a preponderance of the evidence to have violated
this article or any of the rules adopted under this article.

7. Establish by rule fees that are sufficient to cover the costs of interstate and
international exportation inspection activities under section 3-232, subsection A,
paragraph 1, but annually not more than one dollar fifty cents per acre. Monies received
under this paragraph shall be deposited in the seed law fund pursuant to section 3-234.

B. For the purposes of this article, the director, after an opportunity for a
hearing, shall establish and collect the following fees:

1. For a seed dealer's license, not more than fifty dollars per year.

2. For a labeler's license, not more than five hundred dollars per year.

C. The director shall assess a license holder who does not submit the annual
license renewal fees to the department by July 1 a penalty of ten per cent of the amount
of the license fee per month for not more than three months. Penalties collected under
this subsection shall be deposited in the seed law fund pursuant to section 3-234.