2006 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.
History: 1959 c 172 s 5; 1961 c 127 art 1 s 7; 1985 c 248 s 70; 1986 c 444