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 establishment for cleaning or processing, provided, that any label- 

 ing 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 hereof for having sold, 

 offered or exposed for sale in this state any agricultural or vegetable seeds, which were in- 

 correctly labeled or represented as to kind, variety, or origin which seeds cannot be identi- 

 fied 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 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 commerce, 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 regular business hours 

 in order to have access to seeds subject to this chapter and the rules and regulations pro- 

 mulgated hereunder. 



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

 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 em- 

 ploy 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 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 jurisdiction in the area in which the seed 

 is located shall cause the seizure and subsequent denaturing, processing, or destruction 

 to prevent the use for sowing purposes of any lot of agricultural or vegetable seed found 

 to be unfit for sowing purposes: Provided, that in no instances shall the denaturing, 

 processing, or destruction be ordered without first having given the claimant of said seed 

 an opportunity to apply to said court for the release of said seed. 



11. Penalties. Whoever violates any of the provisions of this chapter or any rule 

 or regulation promulgated hereunder shall be fined not exceeding one hundred dollars for 

 the first offense and not exceeding two hundred and fifty dollars for each subsequent 

 offense. Fines collected hereunder shall be paid, by the court collecting the same, to the 

 commissioner of agriculture and by him forwarded to the state treasurer for the use of 

 the state. 



12. Publication. The commissioner of agriculture shall publish, or cause to be pub- 

 lished, the results of tests and analyses of samples of agricultural and vegetable seeds, as 



