Article 14.--SALE AND DISTRIBUTION OF AGRICULTURAL SEEDS
2-1423.Inspections; stop sale orders; judicial review.
(a) Inspection.
The secretary or a duly authorized representative
of the secretary shall inspect, sample and determine the purity and
germination of agricultural seed at such time and in such places, and to
such extent as the secretary or representatives of the secretary consider
advisable. The secretary or an authorized representative of the secretary
may stop further sale or movement of any lot or lots of agricultural seed
found to be in violation of any of the provisions of this act until
compliance with the law has been satisfied or other disposition made. It
shall be the duty of the secretary or a duly
authorized representative of the
secretary to: (1) Enforce and
administer this act; (2) sample, inspect, make
analysis of and test agricultural seeds transported, sold, offered for
sale or exposed for sale within the state for planting and seeding
purposes at such time and place and to such extent as considered
necessary to determine whether the agricultural seeds are in compliance
with provisions of this act; and (3) cooperate with the United States
department of agriculture and other agencies in seed law enforcement.
(b) Access. The secretary or authorized representatives of the
secretary shall have free access during reasonable hours to all places of
business, buildings, vehicles, cars and vessels, of whatsoever kind, used
in the sale, transportation, importation or storage of agricultural seed
and shall have the authority to: (1)
Inspect the records
concerning the place of origin, or concerning the sale, of any agricultural
seed; (2) open any package containing or suspected of containing any
agricultural seed that is exposed or offered for sale; and (3) take
therefrom samples of contents for examination. The owner of the seed shall
be paid the retail price of the sample so procured if the owner so
requests.
(c) Stop sale orders. The secretary or authorized representatives
of the secretary shall have the authority to: (1) Issue and enforce a
written or printed "stop sale" order to the owner or custodian of any
quantity of agricultural seed which the secretary or duly authorized
representatives of the secretary determine to be in violation of any of the
provisions of this act or rules and regulations
adopted hereunder,
which order shall prohibit further sale, processing and movement of such
seed, except on approval of the enforcing officer, until such officer has
evidence that the law has been complied with and
issues a release from
the "stop sale" order of such seed. Any stop sale order issued pursuant
to this subsection is subject to review
in
accordance with the act for judicial review and civil enforcement of agency
actions. The provisions of this subsection shall not be construed as
limiting the right of the enforcement officer to proceed as authorized by
other sections of this act.
History: L. 1935, ch. 4, § 9; L. 1961, ch. 5, § 7;
L. 1986, ch. 318, § 12; July 1.
Article 14.--SALE AND DISTRIBUTION OF AGRICULTURAL SEEDS
2-1423.Inspections; stop sale orders; judicial review.
(a) Inspection.
The secretary or a duly authorized representative
of the secretary shall inspect, sample and determine the purity and
germination of agricultural seed at such time and in such places, and to
such extent as the secretary or representatives of the secretary consider
advisable. The secretary or an authorized representative of the secretary
may stop further sale or movement of any lot or lots of agricultural seed
found to be in violation of any of the provisions of this act until
compliance with the law has been satisfied or other disposition made. It
shall be the duty of the secretary or a duly
authorized representative of the
secretary to: (1) Enforce and
administer this act; (2) sample, inspect, make
analysis of and test agricultural seeds transported, sold, offered for
sale or exposed for sale within the state for planting and seeding
purposes at such time and place and to such extent as considered
necessary to determine whether the agricultural seeds are in compliance
with provisions of this act; and (3) cooperate with the United States
department of agriculture and other agencies in seed law enforcement.
(b) Access. The secretary or authorized representatives of the
secretary shall have free access during reasonable hours to all places of
business, buildings, vehicles, cars and vessels, of whatsoever kind, used
in the sale, transportation, importation or storage of agricultural seed
and shall have the authority to: (1)
Inspect the records
concerning the place of origin, or concerning the sale, of any agricultural
seed; (2) open any package containing or suspected of containing any
agricultural seed that is exposed or offered for sale; and (3) take
therefrom samples of contents for examination. The owner of the seed shall
be paid the retail price of the sample so procured if the owner so
requests.
(c) Stop sale orders. The secretary or authorized representatives
of the secretary shall have the authority to: (1) Issue and enforce a
written or printed "stop sale" order to the owner or custodian of any
quantity of agricultural seed which the secretary or duly authorized
representatives of the secretary determine to be in violation of any of the
provisions of this act or rules and regulations
adopted hereunder,
which order shall prohibit further sale, processing and movement of such
seed, except on approval of the enforcing officer, until such officer has
evidence that the law has been complied with and
issues a release from
the "stop sale" order of such seed. Any stop sale order issued pursuant
to this subsection is subject to review
in
accordance with the act for judicial review and civil enforcement of agency
actions. The provisions of this subsection shall not be construed as
limiting the right of the enforcement officer to proceed as authorized by
other sections of this act.
History: L. 1935, ch. 4, § 9; L. 1961, ch. 5, § 7;
L. 1986, ch. 318, § 12; July 1.
Article 14.--SALE AND DISTRIBUTION OF AGRICULTURAL SEEDS
2-1423.Inspections; stop sale orders; judicial review.
(a) Inspection.
The secretary or a duly authorized representative
of the secretary shall inspect, sample and determine the purity and
germination of agricultural seed at such time and in such places, and to
such extent as the secretary or representatives of the secretary consider
advisable. The secretary or an authorized representative of the secretary
may stop further sale or movement of any lot or lots of agricultural seed
found to be in violation of any of the provisions of this act until
compliance with the law has been satisfied or other disposition made. It
shall be the duty of the secretary or a duly
authorized representative of the
secretary to: (1) Enforce and
administer this act; (2) sample, inspect, make
analysis of and test agricultural seeds transported, sold, offered for
sale or exposed for sale within the state for planting and seeding
purposes at such time and place and to such extent as considered
necessary to determine whether the agricultural seeds are in compliance
with provisions of this act; and (3) cooperate with the United States
department of agriculture and other agencies in seed law enforcement.
(b) Access. The secretary or authorized representatives of the
secretary shall have free access during reasonable hours to all places of
business, buildings, vehicles, cars and vessels, of whatsoever kind, used
in the sale, transportation, importation or storage of agricultural seed
and shall have the authority to: (1)
Inspect the records
concerning the place of origin, or concerning the sale, of any agricultural
seed; (2) open any package containing or suspected of containing any
agricultural seed that is exposed or offered for sale; and (3) take
therefrom samples of contents for examination. The owner of the seed shall
be paid the retail price of the sample so procured if the owner so
requests.
(c) Stop sale orders. The secretary or authorized representatives
of the secretary shall have the authority to: (1) Issue and enforce a
written or printed "stop sale" order to the owner or custodian of any
quantity of agricultural seed which the secretary or duly authorized
representatives of the secretary determine to be in violation of any of the
provisions of this act or rules and regulations
adopted hereunder,
which order shall prohibit further sale, processing and movement of such
seed, except on approval of the enforcing officer, until such officer has
evidence that the law has been complied with and
issues a release from
the "stop sale" order of such seed. Any stop sale order issued pursuant
to this subsection is subject to review
in
accordance with the act for judicial review and civil enforcement of agency
actions. The provisions of this subsection shall not be construed as
limiting the right of the enforcement officer to proceed as authorized by
other sections of this act.
History: L. 1935, ch. 4, § 9; L. 1961, ch. 5, § 7;
L. 1986, ch. 318, § 12; July 1.