7. Exemptions. The provisions of sections 2 to 6, inclusive, do 

 not apply to seed or grain not intended for sowing purposes, nor to 

 seed in storage in, or consigned to, a seed cleaning or processing estab- 

 lishment for cleaning or processing, provided, that any labeling or 

 other representation which may be made with respect to the unclean 

 seed shall be subject to the provisions hereof. 



8. Exceptions. No person shall be subject to the penalties here- 

 of for having sold, offered or exposed for sale in this state any agricul- 

 tural or vegetable seeds, which were incorrectly labled or represented 

 as to kind, variety, or origin which seeds cannot be identified by exami- 

 nation thereof, unless he has failed to take all proper precautions to 

 insure the identity to be that stated in accordance with rules and regu-" 

 lations hereunder. 



9. Duties and Authority of Commissioner of Agriculture. The 



commissioner of agriculture, who may act through his authorized 

 agents, shall have the power: 



I. To sample, inspect, make analyses of, and test, agricultural 

 and vegetable seeds transported, sold, offered or exposed for sale within 

 this state for sowing purposes, at such time and place and to such extent 

 as he may deem necessary to determine whether said agricultural or 

 vegetable seeds are in compliance with the provisions hereof, and to 

 notify promptly the person who transported, sold, offered or exposed 

 the seed for sale, of any violation. 



II. To prescribe, and after public hearing to adopt, rules and 

 regulations governing the methods of sampling, inspecting, analysis, 

 tests, and examination of agricultural and vegetable seed, and the 

 tolerances to be followed in the administration hereof, which shall be in 

 general accord with officially prescribed practice in interstate com- 

 merce, and such other rules and regulations as may be necessary to 

 secure the efficient enforcement hereof. 



III. To enter upon any public or private premises during regu- 

 lar business hours in order to have access to seeds subject to this chapter 

 and the rules and regulations promulgated hereunder. 



IV. To issue written or printed "stop sale" orders which shall 

 prohibit further sale of any lot of agricultural or vegetable seed which 

 the commissioner has reason to believe is in violation of any of the pro- 

 visions hereof until the law has been complied with or said violation 

 otherwise legally disposed of: Provided, that no "stop sale" order shall 

 be issued or attached to any lot of seed without first giving the owner 

 or custodian of such seed an opportunity to comply with the law or to 

 withdraw the seed from sale. 



V. To establish and maintain or make provision for seed testing 

 facilities, to employ qualified persons, and to incur such expenses as may 

 be necessary to comply with these provisions. 



VI. To make or provide for making purity and germination 

 tests of seeds for farmers and dealers on request; to prescribe rules and 

 regulations governing such testing; and to fix and collect charges for the 

 tests made. All fees collected hereunder shall be paid over by the com- 

 missioner to the state treasurer who shall keep the same in a special 

 fund to be used only for purposes of this chapter. 



