38-12A-19. Powers of secretary.

285 words·~1 min read·/sd/title-38/chapter-38-12/38-12a-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The secretary may:

(1)Enter upon any public or private premises during regular business hours in order to have access to seeds and to the records subject to this chapter;

(2)Inspect, sample, make analysis of, and test seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;

(3)Inspect the records of seeds to the extent necessary to determine whether the seeds are in compliance with this chapter;

(4)Establish and maintain a seed laboratory for seed testing or to cooperate with other persons, agencies or institutions in seed testing and reporting of results;

(5)Employ qualified persons, and to incur such expenses as may be necessary to comply with the provisions of this chapter;

(6)Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of seed which is in violation of any of the provisions of this chapter. The order shall prohibit further sale, conditioning, and movement of the seed, except on approval of the agent issuing the stop sale or the secretary, until the secretary has evidence that the law has been complied with and has issued a "Release From Stop Sale" order for the seed;

(7)Request from a court of competent jurisdiction and carry out a seizure on any lot of seed for which a stop sale order has been issued and the person having responsibility has failed to abide by the stop sale order. The court shall order disposition of the seed after any criminal or civil proceedings are terminated;

(8)Cooperate with the United States Department of Agriculture, regulatory agencies of other states, and other agencies of this state in seed law enforcement.