2-1423.   Inspections; stop sale orders; judicial review.(a) Inspection.The secretary or a duly authorized representativeof the secretary shall inspect, sample and determine the purity andgermination of agricultural seed at such time and in such places, and tosuch extent as the secretary or representatives of the secretary consideradvisable. The secretary or an authorized representative of the secretarymay stop further sale or movement of any lot or lots of agricultural seedfound to be in violation of any of the provisions of this act untilcompliance with the law has been satisfied or other disposition made. Itshall be the duty of the secretary or a dulyauthorized representative of thesecretary to: (1) Enforce andadminister this act; (2) sample, inspect, makeanalysis of and test agricultural seeds transported, sold, offered forsale or exposed for sale within the state for planting and seedingpurposes at such time and place and to such extent as considerednecessary to determine whether the agricultural seeds are in compliancewith provisions of this act; and (3) cooperate with the United Statesdepartment of agriculture and other agencies in seed law enforcement.

      (b)   Access. The secretary or authorized representatives of thesecretary shall have free access during reasonable hours to all places ofbusiness, buildings, vehicles, cars and vessels, of whatsoever kind, usedin the sale, transportation, importation or storage of agricultural seedand shall have the authority to: (1)Inspect the recordsconcerning the place of origin, or concerning the sale, of any agriculturalseed; (2) open any package containing or suspected of containing anyagricultural seed that is exposed or offered for sale; and (3) taketherefrom samples of contents for examination. The owner of the seed shallbe paid the retail price of the sample so procured if the owner sorequests.

      (c)   Stop sale orders. The secretary or authorized representativesof the secretary shall have the authority to: (1) Issue and enforce awritten or printed "stop sale" order to the owner or custodian of anyquantity of agricultural seed which the secretary or duly authorizedrepresentatives of the secretary determine to be in violation of any of theprovisions of this act or rules and regulationsadopted hereunder,which order shall prohibit further sale, processing and movement of suchseed, except on approval of the enforcing officer, until such officer hasevidence that the law has been complied with andissues a release fromthe "stop sale" order of such seed. Any stop sale order issued pursuantto this subsection is subject to reviewinaccordance with the act for judicial review and civil enforcement of agencyactions. The provisions of this subsection shall not be construed aslimiting the right of the enforcement officer to proceed as authorized byother sections of this act.

      History:   L. 1935, ch. 4, § 9; L. 1961, ch. 5, § 7;L. 1986, ch. 318, § 12; July 1.