8. Exceptions. No person shall be subject to the penalties hereof 

 for having sold, offered or exposed for sale in this state any agi'icultiiral or 

 vegetable seeds, which were incorrectly labeled or represented as to kind, 

 variety, or origin which seeds cannot be identified by examination thereof, 

 unless he has failed to take all proper precautions to insure the identity 

 to be that stated in accordance with rules and regulations 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 regu- 

 lations 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 commerce, and such other 

 rules and regulations as may be necessary to secure the efficient enforce- 

 ment hereof. 



III. To enter upon any public or private premises during regular 

 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 pro- 

 hibit further sale of any lot of agricultural or vegetable seed which the 

 commissioner has reason to believe is in violation of any of the provisions 

 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 regu- 

 lations governing such testing; and to fix and collect charges for the tests 

 made. All fees collected hereunder shall be paid over by the commissioner 

 to the state treasurer who shall keep the same in a special fund to be used 

 only for purposes of this chapter. 



VII. To cooperate with the United States Department of Agriculture 

 in seed law enforcement. 



10. Seizure. Upon the recommendation of the commissioner of 

 agriculture or his duly authorized agents, the court of competent juris- 

 diction in the area in which the seed is located shall cause the seizure and 

 subsequent denaturing, processing, or destruction to prevent the use for 



