§ 2-6-7 Duties and authority of thedirector of the department of environmental management – Appeal of stopsale order. – (a) The duty of enforcing this chapter and carrying out its provisions andrequirements is vested in the director of the department of environmentalmanagement. It is the duty of that officer, who may act through his or herauthorized agents:
(1) To sample, inspect, make analysis of, and testagricultural and vegetable seeds transported, sold, or offered or exposed forsale within the state for sowing purposes, at any time and place and to anyextent as he or she may deem necessary to determine whether those agriculturalor vegetable seeds are in compliance with the provisions of this chapter; tonotify promptly the person who transported, sold, offered, or exposed the seedfor sale, or any violation;
(2) To prescribe and, after a public hearing following publicnotice, to adopt rules and regulations governing the method of sampling,inspecting, analyzing, testing, and examining agricultural and vegetable seed,and the tolerances to be followed in the administration of this chapter whichshall be in general accord with officially prescribed practice in interstatecommerce, and any other rules and regulations that may be necessary to secureefficient enforcement of this chapter;
(3) To prescribe and, after a public hearing following publicnotice, establish, add to or subtract from by regulations a prohibited andrestricted noxious weed list; and
(4) To prescribe and, after a public hearing following publicnotice, to adopt rules and regulations establishing reasonable standards ofgermination for vegetable seeds.
(b) For the purpose of carrying out the provisions of thischapter the director, individually or through his or her authorized agents, isauthorized:
(1) To enter upon any public or private premises duringregular business hours in order to have access to seeds and the recordsconnected with the premises subject to this chapter and rules and regulationsunder this chapter, and any truck or other conveyor by land, water, or air atany time when the conveyor is accessible, for the same purpose;
(2) To issue and enforce a written or printed "stop sale"order to the owner or custodian of any lot of agricultural or vegetable seedwhich the director finds is in violation of any of the provisions of thischapter or rules and regulations promulgated under this chapter, that ordershall prohibit further sale, processing and movement of the seed, except onapproval of the director, until the director has evidence that the law has beencomplied with, and the director has issued a release from the "stop sale" orderof the seed; provided, that in respect to seed which has been denied sale,processing and movement as provided in this paragraph, the owner or custodianof the seed has the right to appeal from the order to a court of competentjurisdiction in the locality in which the seeds are found, praying for ajudgment as to the justification of the order and for the discharge of theseeds from the order prohibiting the sale, processing and movement inaccordance with the findings of the court. The provisions of this paragraphshall not be construed as limiting the right of the director to proceed asauthorized by other sections of this chapter;
(3) To establish and maintain or make provisions for seedtesting facilities, to employ qualified persons, and to incur any expenses thatmay be necessary to comply with these provisions;
(4) To make or provide for making purity and germinationtests of seed for farmers and dealers on request; to prescribe rules andregulations governing that testing; and to fix and collect charges for thetests made. Fees shall accounted for in any manner that the state legislaturemay prescribe;
(5) To cooperate with the United States department ofagriculture and other agencies in seed law enforcement.
§ 2-6-7 Duties and authority of thedirector of the department of environmental management – Appeal of stopsale order. – (a) The duty of enforcing this chapter and carrying out its provisions andrequirements is vested in the director of the department of environmentalmanagement. It is the duty of that officer, who may act through his or herauthorized agents:
(1) To sample, inspect, make analysis of, and testagricultural and vegetable seeds transported, sold, or offered or exposed forsale within the state for sowing purposes, at any time and place and to anyextent as he or she may deem necessary to determine whether those agriculturalor vegetable seeds are in compliance with the provisions of this chapter; tonotify promptly the person who transported, sold, offered, or exposed the seedfor sale, or any violation;
(2) To prescribe and, after a public hearing following publicnotice, to adopt rules and regulations governing the method of sampling,inspecting, analyzing, testing, and examining agricultural and vegetable seed,and the tolerances to be followed in the administration of this chapter whichshall be in general accord with officially prescribed practice in interstatecommerce, and any other rules and regulations that may be necessary to secureefficient enforcement of this chapter;
(3) To prescribe and, after a public hearing following publicnotice, establish, add to or subtract from by regulations a prohibited andrestricted noxious weed list; and
(4) To prescribe and, after a public hearing following publicnotice, to adopt rules and regulations establishing reasonable standards ofgermination for vegetable seeds.
(b) For the purpose of carrying out the provisions of thischapter the director, individually or through his or her authorized agents, isauthorized:
(1) To enter upon any public or private premises duringregular business hours in order to have access to seeds and the recordsconnected with the premises subject to this chapter and rules and regulationsunder this chapter, and any truck or other conveyor by land, water, or air atany time when the conveyor is accessible, for the same purpose;
(2) To issue and enforce a written or printed "stop sale"order to the owner or custodian of any lot of agricultural or vegetable seedwhich the director finds is in violation of any of the provisions of thischapter or rules and regulations promulgated under this chapter, that ordershall prohibit further sale, processing and movement of the seed, except onapproval of the director, until the director has evidence that the law has beencomplied with, and the director has issued a release from the "stop sale" orderof the seed; provided, that in respect to seed which has been denied sale,processing and movement as provided in this paragraph, the owner or custodianof the seed has the right to appeal from the order to a court of competentjurisdiction in the locality in which the seeds are found, praying for ajudgment as to the justification of the order and for the discharge of theseeds from the order prohibiting the sale, processing and movement inaccordance with the findings of the court. The provisions of this paragraphshall not be construed as limiting the right of the director to proceed asauthorized by other sections of this chapter;
(3) To establish and maintain or make provisions for seedtesting facilities, to employ qualified persons, and to incur any expenses thatmay be necessary to comply with these provisions;
(4) To make or provide for making purity and germinationtests of seed for farmers and dealers on request; to prescribe rules andregulations governing that testing; and to fix and collect charges for thetests made. Fees shall accounted for in any manner that the state legislaturemay prescribe;
(5) To cooperate with the United States department ofagriculture and other agencies in seed law enforcement.
§ 2-6-7 Duties and authority of thedirector of the department of environmental management – Appeal of stopsale order. – (a) The duty of enforcing this chapter and carrying out its provisions andrequirements is vested in the director of the department of environmentalmanagement. It is the duty of that officer, who may act through his or herauthorized agents:
(1) To sample, inspect, make analysis of, and testagricultural and vegetable seeds transported, sold, or offered or exposed forsale within the state for sowing purposes, at any time and place and to anyextent as he or she may deem necessary to determine whether those agriculturalor vegetable seeds are in compliance with the provisions of this chapter; tonotify promptly the person who transported, sold, offered, or exposed the seedfor sale, or any violation;
(2) To prescribe and, after a public hearing following publicnotice, to adopt rules and regulations governing the method of sampling,inspecting, analyzing, testing, and examining agricultural and vegetable seed,and the tolerances to be followed in the administration of this chapter whichshall be in general accord with officially prescribed practice in interstatecommerce, and any other rules and regulations that may be necessary to secureefficient enforcement of this chapter;
(3) To prescribe and, after a public hearing following publicnotice, establish, add to or subtract from by regulations a prohibited andrestricted noxious weed list; and
(4) To prescribe and, after a public hearing following publicnotice, to adopt rules and regulations establishing reasonable standards ofgermination for vegetable seeds.
(b) For the purpose of carrying out the provisions of thischapter the director, individually or through his or her authorized agents, isauthorized:
(1) To enter upon any public or private premises duringregular business hours in order to have access to seeds and the recordsconnected with the premises subject to this chapter and rules and regulationsunder this chapter, and any truck or other conveyor by land, water, or air atany time when the conveyor is accessible, for the same purpose;
(2) To issue and enforce a written or printed "stop sale"order to the owner or custodian of any lot of agricultural or vegetable seedwhich the director finds is in violation of any of the provisions of thischapter or rules and regulations promulgated under this chapter, that ordershall prohibit further sale, processing and movement of the seed, except onapproval of the director, until the director has evidence that the law has beencomplied with, and the director has issued a release from the "stop sale" orderof the seed; provided, that in respect to seed which has been denied sale,processing and movement as provided in this paragraph, the owner or custodianof the seed has the right to appeal from the order to a court of competentjurisdiction in the locality in which the seeds are found, praying for ajudgment as to the justification of the order and for the discharge of theseeds from the order prohibiting the sale, processing and movement inaccordance with the findings of the court. The provisions of this paragraphshall not be construed as limiting the right of the director to proceed asauthorized by other sections of this chapter;
(3) To establish and maintain or make provisions for seedtesting facilities, to employ qualified persons, and to incur any expenses thatmay be necessary to comply with these provisions;
(4) To make or provide for making purity and germinationtests of seed for farmers and dealers on request; to prescribe rules andregulations governing that testing; and to fix and collect charges for thetests made. Fees shall accounted for in any manner that the state legislaturemay prescribe;
(5) To cooperate with the United States department ofagriculture and other agencies in seed law enforcement.
