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 with- 

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

 extent as he may deem necessary to determine whether said agricultur- 

 al 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 

 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 test- 

 ing 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 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 agri- 

 culture 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 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 exceed- 

 ing two hundred and fifty dollars for each subsequent offense. Fines 

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



