9. Duties and Authority of Commissioner of Agriculture. The com- 

 missioner 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 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 other- 

 wise 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 with- 

 draw 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 regula- 

 tions 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 agri- 

 culture or his duly authorized agents, the court of competent jurisdiction 

 in the area in which the seed is located shall cause the seizure and subse- 

 quent 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 claim- 

 ant 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 chap- 

 ter or any rule or regulation promulgated hereunder shall be fined not 

 exceeding one hundred dollars for the first offense and not exceeding two 



