2002 Minnesota Statutes

     21.85 Commissioner's powers and duties. 

    Subdivision 1.    Enforcement.  The commissioner shall 
 administer and enforce sections 21.80 to 21.92.  

    Subd. 2.    Seed laboratory.  The commissioner shall 
 establish and maintain a seed laboratory for seed testing, 
 employing necessary agents and assistants to administer and 
 enforce sections 21.80 to 21.92, who shall be governed by 
 chapter 43A.  

    Subd. 3.    Entry upon premises.  For the purpose of 
 administering and enforcing sections 21.80 to 21.92 the 
 commissioner may enter upon any public or private premises 
 during regular business hours in order to have access to seeds 
 and the records concerning the seeds that are subject to 
 sections 21.80 to 21.92, and to enter any truck or other 
 conveyor by land, water, or air at any time when the conveyor is 
 accessible, for the same purpose.  

    Subd. 4.    Inspection and sampling.  The commissioner 
 shall sample, inspect, make analysis of and test seeds subject 
 to sections 21.80 to 21.92 that are offered for sale for sowing 
 purposes at the time and place and to the extent necessary to 
 determine whether the seeds are in compliance with sections 
 21.80 to 21.92.  

    Subd. 5.    Notice of violation.  The commissioner shall 
 promptly notify the person who sold, labeled, or transported 
 seed that has been:  

    (1) found to be in violation of sections 21.80 to 21.92; 

    (2) placed under a stop sale order; or 

    (3) seized on complaint of the commissioner to a court of 
 competent jurisdiction.  

    Subd. 6.    Stop sale orders.  The commissioner may 
 issue and enforce a written or printed "stop sale" order to the 
 owner or custodian of any lot of seed which the commissioner 
 finds to be in violation of sections 21.80 to 21.92.  The order 
 shall prohibit further sale, conditioning, and movement of the 
 seed, except on approval of the enforcing officer, until the 
 officer has evidence that the law has been complied with and has 
 issued a release from the "stop sale" order.  With respect to 
 seed which has been denied sale, conditioning, or movement, the 
 owner or custodian of the seed may appeal from the order to a 
 court where the seeds are found, for the discharge of the seeds 
 from the order prohibiting the sale, conditioning, or movement 
 in accordance with the findings of the court.  This subdivision 
 does not limit the right of the enforcement officer to proceed 
 in a different fashion.  

    Subd. 7.    Seizure.  Any lot of seed not in compliance 
 with sections 21.80 to 21.92 is subject to seizure on complaint 
 of the commissioner to a court of competent jurisdiction in the 
 locality where the seed is located.  If the court finds the seed 
 to be in violation and orders the condemnation of the seed, it 
 shall be denatured, destroyed, relabeled, or otherwise disposed 
 of in compliance with law.  In no instance shall the court order 
 dispose of the seed without first giving the claimant an 
 opportunity to apply to the court for the release of the seed or 
 permission to condition or relabel it into compliance.  

    Subd. 8.    Injunction.  When the commissioner applies 
 to any court for a temporary or permanent injunction restraining 
 any person from violating or continuing to violate sections 
 21.80 to 21.92, the injunction shall be issued without requiring 
 a bond.  

    Subd. 9.    Prosecutions.  The commissioner, on finding 
 that a person has violated any part of sections 21.80 to 21.92, 
 may initiate court proceedings in the locality in which the 
 violation occurred.  No prosecution shall be instituted without 
 a person having an opportunity to appear in person or by a 
 representative before the commissioner to provide evidence.  
 Either a county attorney or the attorney general may prosecute 
 actions under sections 21.80 to 21.92.  

    Subd. 10.    Commissioner may alter requirements in 
 emergencies.  In the event of acute shortages of any seed or 
 seeds, or the occurrence of other conditions which in the 
 opinion of the commissioner create an emergency which would make 
 impractical the enforcement of any requirement of sections 21.80 
 to 21.92 relating to the percentage of purity, weed seed 
 content, and the variety name of any seed or seeds, the 
 commissioner may temporarily change and alter any requirement 
 relating to percentage of purity, weed seed content, and the 
 variety name for the duration of the emergency. 

    Subd. 11.    Rules.  The commissioner may make necessary 
 rules for the proper enforcement of sections 21.80 to 21.92.  
 Existing rules shall remain in effect unless permanent rules are 
 made that supersede them. 

    Subd. 12.    Service testing and identification.  The 
 commissioner shall provide for purity and germination tests of 
 seeds and identification of seeds and plants for farmers, 
 dealers, and others, and shall establish schedules to recover 
 the cost of services provided.  Money collected must be 
 deposited in the laboratory services account in the agricultural 
 fund.  

    Subd. 13.    Sampling export seed.  The commissioner may 
 sample agricultural, vegetable, flower, tree or shrub seeds 
 which are destined for export to other countries, and may 
 establish and collect suitable fees from the exporter for this 
 service.  

    Subd. 14.    Cooperation with United States Department of 
 Agriculture.  The commissioner shall cooperate with the United 
 States Department of Agriculture in Seed Law enforcement.  

    HIST: 1983 c 293 s 44; 1984 c 640 s 32; 1986 c 444; 1992 c 567 
 art 3 s 2; 1993 c 367 s 25; 1995 c 233 art 2 s 56; 1Sp2001 c 2 s 
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