4-16-7 - Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained -- Rules to control offensive seeds -- Notice of offending seeds -- Warrants. - Utah Statutes

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Statutes > Utah > Title-04 > Chapter-16 > 4-16-7

4-16-7. Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained --Rules to control offensive seeds -- Notice of offending seeds -- Warrants.
(1) (a) The department shall periodically enter public or private premises from whichseeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and testagricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed withinthis state to determine compliance with this chapter.
(b) To perform the duties specified in Subsection (1)(a), the department shall:
(i) establish and maintain facilities for testing the purity and germination of seeds;
(ii) prescribe by rule uniform methods for sampling and testing seeds; and
(iii) establish fees for rendering service.
(2) The department shall prescribe by rule weed seeds and noxious weed seeds and fixthe tolerances permitted for those offensive seeds.
(3) If a seed sample, upon analysis, fails to comply with this chapter, the departmentshall give written notice to that effect to any person who is distributing, offering, or exposing theseeds for sale. Nothing in this chapter, however, shall be construed as requiring the departmentto refer minor violations for criminal prosecution or for the institution of condemnationproceedings if it believes the public interest will best be served through informal action.
(4) The department may proceed immediately, if admittance is refused, to obtain an exparte warrant from the nearest court of competent jurisdiction to allow entry upon the premisesfor the purpose of making inspections and obtaining samples.

Amended by Chapter 324, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-16 > 4-16-7

4-16-7. Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained --Rules to control offensive seeds -- Notice of offending seeds -- Warrants.
(1) (a) The department shall periodically enter public or private premises from whichseeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and testagricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed withinthis state to determine compliance with this chapter.
(b) To perform the duties specified in Subsection (1)(a), the department shall:
(i) establish and maintain facilities for testing the purity and germination of seeds;
(ii) prescribe by rule uniform methods for sampling and testing seeds; and
(iii) establish fees for rendering service.
(2) The department shall prescribe by rule weed seeds and noxious weed seeds and fixthe tolerances permitted for those offensive seeds.
(3) If a seed sample, upon analysis, fails to comply with this chapter, the departmentshall give written notice to that effect to any person who is distributing, offering, or exposing theseeds for sale. Nothing in this chapter, however, shall be construed as requiring the departmentto refer minor violations for criminal prosecution or for the institution of condemnationproceedings if it believes the public interest will best be served through informal action.
(4) The department may proceed immediately, if admittance is refused, to obtain an exparte warrant from the nearest court of competent jurisdiction to allow entry upon the premisesfor the purpose of making inspections and obtaining samples.

Amended by Chapter 324, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-16 > 4-16-7

4-16-7. Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained --Rules to control offensive seeds -- Notice of offending seeds -- Warrants.
(1) (a) The department shall periodically enter public or private premises from whichseeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and testagricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed withinthis state to determine compliance with this chapter.
(b) To perform the duties specified in Subsection (1)(a), the department shall:
(i) establish and maintain facilities for testing the purity and germination of seeds;
(ii) prescribe by rule uniform methods for sampling and testing seeds; and
(iii) establish fees for rendering service.
(2) The department shall prescribe by rule weed seeds and noxious weed seeds and fixthe tolerances permitted for those offensive seeds.
(3) If a seed sample, upon analysis, fails to comply with this chapter, the departmentshall give written notice to that effect to any person who is distributing, offering, or exposing theseeds for sale. Nothing in this chapter, however, shall be construed as requiring the departmentto refer minor violations for criminal prosecution or for the institution of condemnationproceedings if it believes the public interest will best be served through informal action.
(4) The department may proceed immediately, if admittance is refused, to obtain an exparte warrant from the nearest court of competent jurisdiction to allow entry upon the premisesfor the purpose of making inspections and obtaining samples.

Amended by Chapter 324, 2010 General Session