2004 Minnesota Statutes

     21.75 Powers and duties of commissioner.  

    Subdivision 1.    Enforcement; rulemaking.  The duty of 
 enforcing sections 21.71 to 21.78 and carrying out the 
 provisions and requirements thereof is vested in the 
 commissioner of agriculture.  The commissioner, personally or 
 through agents, shall: 

    (1) Sample, inspect, make analysis of, and test weed-seed 
 infested agricultural seeds and grains, or screenings, 
 transported, sold, or offered, or exposed for sale within this 
 state for any purpose, at such time and place, and to such 
 extent as the commissioner may deem necessary to determine 
 whether such weed-seed infested agricultural seeds and grain, or 
 screenings, is in compliance with the provisions of sections 
 21.71 to 21.78, and to notify promptly the person who 
 transported, sold, offered, or exposed the weed-seed infested 
 agricultural seeds and grains, or screenings, for sale of any 
 violation; 

    (2) Prescribe and, after public hearing following due 
 public notice, adopt such rules as may be necessary to secure 
 the efficient enforcement of sections 21.71 to 21.78.  Such 
 rules are to be adopted in accordance with the law; and 

    (3) Prescribe and, after public hearing following due 
 public notice, establish, add to, or subtract therefrom by rules 
 a restricted noxious weed-seed list.  

    Subd. 2.    Entry, orders, and testing.  The 
 commissioner of agriculture, personally or through agents, is 
 further authorized to: 

    (1) enter upon any public or private premises, excluding 
 the home, during regular business hours in order to have access 
 to weed-seed infested agricultural seeds and grains, or 
 screenings, subject to sections 21.71 to 21.78, and the rules 
 thereunder; 

    (2) issue and enforce a written or printed stop-sale order 
 to the owner or custodian of any lot or amount of weed-seed 
 infested agricultural seeds and grains, or screenings, which the 
 commissioner finds is in violation of any of the provisions of 
 sections 21.71 to 21.78, which order shall prohibit further sale 
 of such weed-seed infested agricultural seeds and grains, or 
 screenings, until such officer has evidence that the law has 
 been complied with; provided, that no stop-sale order shall be 
 issued or attached to any lot or amount of weed-seed infested 
 agricultural seeds and grains, or screenings, without first 
 giving the owner or custodian of such weed-seed infested 
 agricultural seeds and grains, or screenings, an opportunity to 
 comply with the law; provided, further, that in respect to 
 weed-seed infested agricultural seeds and grains, or screenings, 
 which have been denied sale as provided in this paragraph, the 
 owner or custodian of such weed-seed infested agricultural seeds 
 and grains, or screenings, shall have the right to appeal from 
 such order to a court of competent jurisdiction in the locality 
 in which the weed-seed infested agricultural seeds and grains, 
 or screenings, are found, praying for a judgment as to the 
 justification of said order and for the discharge of such 
 weed-seed infested agricultural seeds and grains, or screenings, 
 from the order prohibiting the sale in accordance with the 
 findings of the court; and provided, further, that the 
 provisions of this paragraph shall not be construed as limiting 
 the right of the enforcement officer to proceed as authorized by 
 other sections of 21.71 to 21.78; 

    (3) test weed-seed infested agricultural seeds and grains, 
 or screenings, under presently existing facilities; and 

    (4) make or provide for making tests of weed-seed infested 
 agricultural seeds and grains, or screenings, for farmers and 
 dealers on request; to prescribe rules governing such testing; 
 and to fix and collect charges for the tests made. 

    HIST: 1959 c 172 s 5; 1961 c 127 art 1 s 7; 1985 c 248 s 70; 
 1986 c 444