S.B. 34

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AGRICULTURAL AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Leonard M. Blackham
5 AN ACT RELATING TO AGRICULTURE; PROVIDING THAT FUNDS COLLECTED FOR
6 GRAIN GRADING BE NONLAPSING; PROVIDING THAT THE STATE CHEMIST IS A
7 MERIT EXEMPT EMPLOYEE; CREATING A FEE ON FERTILIZER AND SOIL
8 AMENDMENT PRODUCTS AND DEDICATING THE FEE REVENUE FOR CERTAIN
9 PURPOSES; AND REGULATING SEEDS FOR SPROUTING.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 4-2-2, as last amended by Chapter 79, Laws of Utah 1996
13 4-2-9, as enacted by Chapter 2, Laws of Utah 1979
14 4-13-3, as last amended by Chapter 130, Laws of Utah 1985
15 4-16-2, as enacted by Chapter 2, Laws of Utah 1979
16 4-16-4, as enacted by Chapter 2, Laws of Utah 1979
17 4-16-5, as last amended by Chapter 79, Laws of Utah 1996
18 4-16-6, as enacted by Chapter 2, Laws of Utah 1979
19 4-16-7, as enacted by Chapter 2, Laws of Utah 1979
20 4-16-8, as enacted by Chapter 2, Laws of Utah 1979
21 4-16-10, as enacted by Chapter 2, Laws of Utah 1979
22 4-16-11, as enacted by Chapter 2, Laws of Utah 1979
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 4-2-2 is amended to read:
25 4-2-2. Functions, powers, and duties of department -- Fees for services -- Marketing
26 orders -- Procedure.
27 (1) The department has and shall exercise the following functions, powers, and duties:

1 (a) to inquire into and promote the interests and products of agriculture and its allied
2 industries;
3 (b) to promote methods for increasing the production and facilitating the distribution of
4 the agricultural products of the state;
5 (c) (i) to inquire into the cause of contagious, infectious, and communicable diseases
6 among livestock and the means for their prevention and cure; and
7 (ii) to initiate, implement, and administer plans and programs to prevent the spread of
8 diseases among livestock;
9 (d) to encourage experiments designed to determine the best means and methods for the
10 control of diseases among domestic and wild animals;
11 (e) to issue marketing orders for any designated agricultural product to:
12 (i) promote orderly market conditions for any product;
13 (ii) give the producer a fair return on the producer's investment at the marketplace; and
14 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
15 commodities;
16 (f) to administer and enforce all laws assigned to the department by the Legislature;
17 (g) to establish standards and grades for agricultural products and fix and collect
18 reasonable fees for services performed by the department in conjunction with the grading of
19 agricultural products;
20 (h) to establish operational standards for any establishment which manufactures, processes,
21 produces, distributes, stores, sells, or offers for sale any agricultural product;
22 (i) to gather and analyze climatological data for the benefit of all state agencies;
23 (j) to promulgate, subject to Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
24 rules necessary for the effective administration of the agricultural laws of the state;
25 (k) to make investigations, subpoena witnesses and records, conduct hearings, issue orders,
26 and make recommendations concerning all matters related to agriculture;
27 (l) (i) to inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
28 private or public place which may become infested or infected with harmful insects, plant diseases,
29 noxious or poisonous weeds, or other agricultural pests;
30 (ii) to establish and enforce quarantines;
31 (iii) to issue and enforce orders and regulations for the control and eradication of pests,

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1 wherever they may exist within the state; and
2 (iv) to perform other duties relating to plants and plant products considered advisable and
3 not contrary to law;
4 (m) to inspect apiaries for diseases inimical to bees and beekeeping;
5 (n) to take charge of any agricultural exhibit within the state, if considered necessary by
6 the department, and award premiums at that exhibit;
7 (o) to assist the [State] Soil Conservation Commission in the administration of Title 4,
8 Chapter 18, [the] Soil Conservation Commission Act and administer and disburse any funds which
9 are available for the purpose of assisting soil conservation districts in the state in the conservation
10 of the state's soil and water resources; and
11 (p) to perform any additional functions, powers, and duties provided by law.
12 (2) Unless otherwise provided by statute, the department may adopt a schedule of fees
13 assessed for services provided by the department. The fee shall be reasonable and fair, and shall
14 be submitted to and approved by the Legislature as part of the department's annual appropriations
15 request. The department may not charge or collect any fee proposed in this manner without
16 approval by the Legislature.
17 (3) (a) No marketing order issued under Subsection (1)(e) is effective until:
18 (i) notice of the proposed order is given to the producers and handlers of the affected
19 product;
20 (ii) a hearing conducted by the commissioner is held on the proposed order; and
21 (iii) at least 50% of the registered producers and handlers of the affected products vote in
22 favor of the proposed order.
23 (b) The department may establish boards of control to administer marketing orders and the
24 proceeds derived from any order. It shall be the responsibility of a board of control to:
25 (i) ensure that all proceeds are placed [in a depository institution approved by the
26 commissioner] in an account in the name of the board of control in a depository institution
27 approved by the commissioner; and
28 (ii) ensure that the account is annually audited by an accountant approved by the
29 commissioner.
30 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be deposited
31 in the General Fund as nonlapsing dedicated credits for the grain grading program.

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1 Section 2. Section 4-2-9 is amended to read:
2 4-2-9. Appointment.
3 The state chemist shall be appointed by the commissioner[, subject to the provisions of the
4 State Merit System (Sections 67-13-2 through 67-13-15), and shall serve in that position subject
5 to its provisions].
6 Section 3. Section 4-13-3 is amended to read:
7 4-13-3. Distribution of commercial fertilizer or soil amendment -- Registration
8 required -- Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders
9 and mixers to register name under which business conducted -- Blenders and mixers fee.
10 (1) (a) Each brand and grade of commercial fertilizer or soil amendment shall be registered
11 in the name of the person whose name appears upon the label before being distributed in this state.
12 (b) The application for registration shall be submitted to the department on a form
13 prescribed and furnished by it, and shall be accompanied by a fee determined by the department
14 pursuant to Subsection 4-2-2(2) for each brand and grade.
15 (c) Upon approval by the department, a copy of the registration shall be furnished to the
16 applicant. [All registrations expire]
17 (d) (i) Each registration expires at midnight on December 31 of the year in which issued.
18 (ii) Each registration is renewable for a period of one year upon the payment of an annual
19 registration renewal fee in an amount equal to the current applicable original registration fee.
20 (iii) Each renewal fee shall be paid on or before December 31 of each year.
21 (2) The application for registration shall include the following information:
22 (a) the net weight;
23 (b) the brand and grade;
24 (c) the guaranteed analysis;
25 (d) the name and address of the registrant; and
26 (e) [such] any other information as the department may prescribe by [regulation] rule.
27 (3) A distributor is not required to register any commercial fertilizer which has been
28 registered by another person under this chapter if the label does not differ in any respect.
29 (4) (a) A distributor is not required to register each grade of commercial fertilizer
30 formulated by a consumer before mixing, but is required to:
31 (i) register the name under which the business of blending or mixing is conducted [and to];

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1 (ii) pay an annual blenders license fee determined by the department pursuant to
2 Subsection 4-2-2(2)[,]; and [to]
3 (iii) label [such] the mixed fertilizer or soil amendment as provided in Section 4-13-4.
4 (b) (i) A blenders license shall expire at midnight on December 31 of the year in which
5 it is issued.
6 (ii) A blenders license is renewable for a period of one year upon the payment of an annual
7 license renewal fee in an amount equal to the current applicable original blenders license fee.
8 (iii) Each renewal fee shall be paid on or before December 31 of each year.
9 (5) (a) A fee shall be assessed on fertilizer and soil amendment products sold in the state.
10 (b) The fee shall be:
11 (i) determined by the department pursuant to Subsection 4-2-2(2); and
12 (ii) paid by the manufacturer or distributor on a schedule specified by rule.
13 (c) Revenue generated by the fee shall be deposited in the General Fund as dedicated
14 credits to be used by the department for education about and promotion of proper fertilizer
15 distribution, handling, and use.
16 Section 4. Section 4-16-2 is amended to read:
17 4-16-2. Definitions.
18 As used in this chapter:
19 (1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or
20 ground stock other than those on the label of a seed container, disseminated in any manner.
21 (2) "Agricultural seeds" mean seeds of grass, forage plants, cereal crops, fiber crops, sugar
22 beets, seed potatoes, or any other kinds of seed or mixtures of seed commonly known within this
23 state as agricultural or field seeds.
24 (3) "Flower seeds" mean seeds of herbaceous plants grown for their blooms, ornamental
25 foliage, or other ornamental [parts] plants commonly known and sold under the name of flower
26 seeds in this state.
27 (4) "Foundation seed," "registered seed," or "certified seed" means seed that is produced
28 and labeled in accordance with procedures officially recognized by a seed certifying agency
29 approved and accredited in this state.
30 (5) (a) "Hybrid" means the first generation seed of a cross produced by controlling
31 pollination and by combining [(a)]:

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1 (i) two or more inbred lines; [(b)]
2 (ii) one inbred or a single cross with an open-pollinated variety; or [(c)]
3 (iii) two varieties or species, except open-pollinated varieties of corn, [(]Zea mays[)].
4 (b) The second generation and subsequent generations from [such] the crosses [shall]
5 referred to in Subsection (a) are not to be regarded as hybrids.
6 (c) Hybrid designations shall be treated as variety names.
7 (6) "Kind" means one or more related species or subspecies of seed which singly or
8 collectively is known by one name, for example[:], corn, oats, alfalfa, and timothy.
9 (7) (a) "Label" means [all] any written, printed, or graphic [representations] representation
10 accompanying and pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in
11 containers[, and].
12 (b) "Label" includes representations on invoices, bills, and letterheads[; provided, that all
13 written or printed matter shall appear in English].
14 (8) "Lot" means a definite quantity of seed identified by a number or other mark, every
15 part or bag of which is uniform within recognized tolerances.
16 (9) "Noxious-weed seeds" mean weed seeds declared noxious by the commissioner.
17 (10) "Pure seed," "germination," or other [such] terms in common use for testing seeds for
18 purposes of labeling shall have ascribed to them the meaning set forth for such terms in the most
19 recent edition of "Rules for Seed Testing" published by the Association of Official Seed Analysts.
20 (11) "Seeds for sprouting" means seeds sold for sprouting for salad or culinary purposes.
21 [(11)] (12) "Sowing" means the placement of agricultural seeds, vegetable seeds, flower
22 seeds, tree and shrub seeds, or seeds [used] for sprouting [purposes] in a selected environment for
23 the purpose of obtaining plant growth.
24 [(12)] (13) "Treated" means seed that has received an application of a substance to reduce,
25 control, or repel certain disease organisms, fungi, insects or other pests which may attack the seed
26 or its seedlings, or has received some other treatment to improve its planting value.
27 [(13)] (14) "Tree and shrub seeds" mean seeds of woody plants commonly known and sold
28 under the name of tree and shrub seeds in this state.
29 [(14)] (15) "Variety" means a subdivision of a kind characterized by growth, yield, plant,
30 fruit, seed, or other characteristic, which differentiate it from other plants of the same kind.
31 [(15)] (16) "Vegetable seeds" mean seeds of crops grown in gardens or on truck farms that

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1 are generally known and sold under the name of vegetable seeds, plants, bulbs, and ground stocks
2 in this state.
3 [(16)] (17) "Weed seeds" mean seeds of any plant generally recognized as a weed within
4 this state.
5 Section 5. Section 4-16-4 is amended to read:
6 4-16-4. Labeling requirements specified for containers of agricultural seed, mixtures
7 of lawn and turf seed, vegetable seed, flower seed, tree and shrub seed, and seeds for
8 sprouting.
9 (1) Each container of agricultural seed offered or exposed for sale or transported for
10 sowing into this state shall be labeled with the following information:
11 (a) the common name of the kind or kind and variety of each seed component in excess
12 of 5% by weight of the whole and the percent by weight of each component in the order of its
13 predominance, provided:
14 (i) that if any component is required by regulation of the department to be labeled as a
15 variety, the label, in addition to stating the common name of the seed, shall specify the name of
16 the variety or state "Variety Not Stated";
17 (ii) that if any component is a hybrid seed, that fact shall be stated on the label; and
18 (iii) that if more than one component is required to be named, the word "mixture" shall
19 appear;
20 (b) the name and address of the person who labeled the seed, or who offers or exposes it
21 for sale in this state;
22 (c) the lot number or other lot identification;
23 (d) the percentage by weight of all weed seeds;
24 (e) the percentage by weight of agricultural or crop seeds other than those named on the
25 label;
26 (f) the percentage by weight of inert matter;
27 (g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
28 seed for which tolerance is permitted;
29 (h) the origin, if known, of alfalfa, red clover, or field corn and, if the origin is unknown,
30 that fact shall be stated;
31 (i) the month and year seed tests were conducted specifying:

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1 (i) percent of germination, exclusive of hard seed;
2 (ii) percent of hard seed; and
3 (iii) total germination [of] and hard seed.
4 (2) Each container of seed mixtures for lawn or turf seed offered or exposed for sale or
5 transported for sowing into this state shall be labeled with the following information:
6 (a) the common name of the kind or kind and variety of each agricultural seed component
7 in excess of 5% by weight of the whole, and the percentage by weight of pure seed in order of its
8 predominance in columnar form;
9 (b) the name and address of the person who labeled the seed, or who offers or exposes it
10 for sale in this state;
11 (c) the lot number or other lot identification;
12 (d) the percentage by weight of all weed seeds;
13 (e) the percentage by weight of agricultural seeds or crop seeds other than those required
14 to be named on the label;
15 (f) the percentage by weight of inert matter;
16 (g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
17 seed for which tolerance is permitted;
18 (h) the month and year seed tests were conducted specifying:
19 (i) percent of germination, exclusive of hard seed; and
20 (ii) percent of hard seed;
21 (i) the word "mixed" or "mixture"; and
22 (j) its net weight.
23 (3) Each container of vegetable seeds weighing one pound or less offered or exposed for
24 sale or prepared for home gardens or household plantings or preplanted in containers, mats, tapes,
25 or other devices shall be labeled with the following information:
26 (a) the common name of the kind and variety of seed;
27 (b) the name and address of the person who labeled the seed, or who offers or exposes it
28 for sale in this state;
29 (c) the calendar month and year the seed was tested or the year for which the seed was
30 packaged;
31 (d) if germination of the seed is less than the germination standard last established for

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1 [such] the seed by the department, the label shall specify:
2 (i) percentage of germination, exclusive of hard seed;
3 (ii) percentage of hard seed, if present;
4 (iii) the calendar month and year the germination test was completed to determine [such]
5 the percentages; and
6 (iv) the words "Below Standard" in not less than eight-point type; and
7 (e) if the seeds are placed in a germination medium, mat, tape, or other device which
8 makes it difficult to determine the quantity of the seed without removing the seeds, a statement to
9 indicate the minimum number of seeds in the container.
10 (4) Each container of vegetable seeds weighing more than one pound offered or exposed
11 for sale or transported for sowing into this state shall be labeled with the following information:
12 (a) the common name of each kind and variety of seed component present in excess of 5%
13 by weight of the whole and the percentage by weight of each in order of its predominance;
14 (b) the name and address of the person who labeled the seed, or who offers or exposes it
15 for sale in this state;
16 (c) the lot number or other lot identification;
17 (d) the month and year seed tests were conducted specifying:
18 (i) the percentage of germination, exclusive of hard seed; and
19 (ii) the percentage of hard seed, if present;
20 (e) the name and rate of occurrence per pound of each kind of restricted noxious-weed seed
21 for which tolerance is permitted.
22 (5) Each container of flower seeds prepared in packets for use in home flower gardens or
23 household plantings or flower seeds in preplanted containers, mats, tapes, or other planting devices
24 and offered or exposed for sale in this state shall be labeled with the following information:
25 (a) the common name of the kind and variety of the seeds or a statement of the type and
26 performance characteristics of the seed;
27 (b) the name and address of the person who labeled the seed, or who offers or exposes it
28 for sale in this state;
29 (c) the calendar month and year the seed was tested or the year for which the seed was
30 packaged;
31 (d) if germination of the seed is less than the germination standard last established by the

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1 department, the label shall specify:
2 (i) percentage of germination, exclusive of hard seed;
3 (ii) percentage of hard seed, if present; and
4 (iii) the words "Below Standard" in not less than eight-point type; and
5 (e) if the seeds are placed in a germination medium, mat, tape, or other device which
6 makes it difficult to determine the quantity of seed without removing the seeds, a statement to
7 indicate the minimum number of seeds in the container.
8 (6) Each container of flower seeds in other than packets prepared for use in home flower
9 gardens or household plantings and other than in preplanted containers, mats, tapes, and other
10 devices offered or exposed for sale in this state shall be labeled with the following information:
11 (a) the common name of the kind and variety of the seed or a statement of the type and
12 performance characteristics of the seed;
13 (b) the name and address of the person who labeled the seed, or who offers or exposes it
14 for sale in this state;
15 (c) the lot number or other lot identification;
16 (d) the month and year the seed was tested, or the year for which it was packaged;
17 (e) for those kinds of seeds for which standard testing procedures are prescribed:
18 (i) the percentage of germination, exclusive of hard seed; and
19 (ii) the percentage of hard seed, if present.
20 (7) Each container of tree and shrub seeds offered or exposed for sale or transported for
21 sowing into this state shall be labeled with the following information:
22 (a) the common name of the species of seed [(]and subspecies[)], if appropriate;
23 (b) the scientific name of the genus and species [(]and subspecies, if appropriate[)];
24 (c) the name and address of the person who labeled the seed or who offers or exposes it
25 for sale in this state;
26 (d) the lot number or other lot identification;
27 (e) information as to origin as follows:
28 (i) for seed collected from a predominantly indigenous stand, the area of collection given
29 by latitude and longitude, or geographic description, or political subdivision such as state or
30 county; and
31 (ii) for seed collected from other than a predominantly indigenous stand, identity of the

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1 area of collection and the origin of the stand or state "origin not indigenous";
2 (f) the elevation or the upper and lower limits of elevation within which said seed was
3 collected;
4 (g) purity as a percentage of pure seed by weight;
5 (h) for those species for which standard germination testing procedures are prescribed by
6 the commissioner, the following:
7 (i) percentage of germination, exclusive of hard seed;
8 (ii) percentage of hard seed, if present; and
9 (iii) the calendar month and year the test was completed to determine such percentages;
10 and
11 (i) for those species for which standard germination testing procedures have not been
12 prescribed by the commissioner, the calendar year in which the seed was collected.
13 (8) Each container of seeds for sprouting offered or exposed for sale or transported for
14 sowing into this state shall be labeled with the following information:
15 (a) the name and address of the person who labeled the seed, or who offers or exposes it
16 for sale in this state;
17 (b) the commonly accepted name of the kind or kinds in order of predominance;
18 (c) lot number;
19 (d) percentage by weight of each pure seed component in excess of 5% of the whole, other
20 crop seeds, inert matter, and weed seeds, if any;
21 (e) percentage of germination of each pure seed component; and
22 (f) the calendar month and year the seed was tested or the year for which the seed was
23 packaged.
24 (9) Any written or printed matter of any label shall appear in English.
25 Section 6. Section 4-16-5 is amended to read:
26 4-16-5. Distribution of seeds -- Germination tests required -- Date to appear on label
27 -- Seed to be free of noxious weed seed -- Special requirements for treated seeds --
28 Prohibitions.
29 (1) [(a)] No person in this state shall offer or expose any agricultural, vegetable, flower,
30 or tree and shrub seed or seeds for sprouting for sale or sowing unless:
31 (a) (i) for agricultural seeds, including mixtures of [such] agricultural seeds [--]:

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1 (A) a test to determine the percentage of germination has been performed within 18
2 months, exclusive of the month [such] the seed is tested[, of] and the date the seed is offered for
3 sale[,]; and
4 (B) the date of [such] the test appears on the label;
5 (ii) for vegetable, flower, or tree and shrub seed [--] or seeds for sprouting:
6 (A) a test to determine the percentage of germination has been performed within nine
7 months, exclusive of the month [such] the seed is tested[, of] and the date the seed is offered for
8 sale[,]; and
9 (B) the date of [such] the test appears on the label;
10 (iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed [--]:
11 (A) a test to determine the percentage of germination has been performed within 36
12 months, exclusive of the month [such] the seed is tested[, of] and the date the seed is offered for
13 sale; provided, that hermetically sealed seeds may be offered or exposed for sale after 36 months
14 if they have been retested for germination within nine months, exclusive of the month [such] the
15 seed is retested[, of] and the date the seeds are offered or exposed for sale[,]; and
16 (B) the date of [such] the test appears on the label;
17 (b) its package or other container is truthfully labeled and in accordance with Section
18 4-16-4; [or] and
19 (c) it is free of noxious weed seed, subject to [such] any tolerance as may be prescribed
20 by the department through rule.
21 (2) The label on any package or other container of an agricultural, vegetable, flower, or
22 tree and shrub seed which has been treated and for which a claim is made on account of [such] the
23 treatment, in addition to the labeling requirements specified in Section 4-16-4, shall:
24 (a) state that the seeds have been treated;
25 (b) state the commonly accepted name, [or] generic chemical [(generic)] name, or
26 abbreviated chemical name of the substance used for treatment;
27 (c) if the seed is treated with an inoculant, state the date beyond which the inoculant is not
28 considered effective; and
29 (d) include a caution statement[,] consistent with rules of the department[,] if the treatment
30 substance remains with the seed in an amount which is harmful to vertebrate animals; provided,
31 that the caution statement for mercurials and similarly toxic substances, as defined by rule of the

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1 department, shall state the seed has been treated with poison with "POISON" printed in red letters
2 on a background of distinctly contrasting color together with a representation of the skull and
3 crossbones.
4 (3) [No] A person [in this state shall] may not:
5 (a) use the word "trace" as a substitute for a statement required under this chapter;
6 (b) disseminate any false or misleading advertisement about agricultural, vegetable,
7 flower, or tree and shrub seed or seeds for sprouting; or
8 (c) detach, alter, or destroy any label[,] or substitute any seed in a manner which defeats
9 the purpose of this chapter.
10 Section 7. Section 4-16-6 is amended to read:
11 4-16-6. Chapter does not apply to seed not intended for sowing, to seed at seed
12 processing plant, or to seed transported or delivered for transportation in the ordinary
13 course of business.
14 This chapter [is inapplicable] does not apply to:
15 (1) seed or grain not intended for sowing;
16 (2) seed at, or consigned to, a seed processing or cleaning plant; provided, that any label
17 or any other representation which is made with respect to the uncleaned or unprocessed seed is
18 subject to this chapter; or
19 (3) to any carrier in respect to any seed transported or delivered for transportation in the
20 ordinary course of its business as a carrier; provided, the carrier is not engaged in producing,
21 processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for
22 sprouting.
23 Section 8. Section 4-16-7 is amended to read:
24 4-16-7. Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained
25 -- Rules to control offensive seeds -- Notice of offending seeds -- Warrants.
26 (1) (a) The department shall periodically enter public or private premises from which seeds
27 are distributed, offered, or exposed for sale to sample, inspect, analyze, and test agricultural,
28 vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed within this state to
29 determine compliance with this chapter. [For this purpose]
30 (b) To perform the duties specified in Subsection (a), the department shall:
31 (i) establish and maintain facilities for testing the purity and germination of [such] seeds

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1 [and shall];
2 (ii) prescribe[,] by [regulation,] rule uniform methods for sampling and testing [such]
3 seeds; and
4 (iii) establish fees for rendering [such] service.
5 (2) The department shall [also] prescribe[,] by [regulation,] rule weed seeds and noxious
6 weed seeds and fix the tolerances permitted for [such] those offensive seeds.
7 (3) If a seed sample, upon analysis, fails to comply with this chapter, the department shall
8 give written notice to that effect to any person who is distributing, offering, or exposing [such] the
9 seeds for sale. Nothing in this chapter, however, shall be construed as requiring the department to
10 refer minor violations for criminal prosecution or for the institution of condemnation proceedings
11 if it believes the public interest will best be served through informal action.
12 (4) The department may proceed immediately, if admittance is refused, to obtain an ex
13 parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for
14 the purpose of making inspections and obtaining samples.
15 Section 9. Section 4-16-8 is amended to read:
16 4-16-8. Enforcement -- Stop sale, use, or removal authorized -- Court action --
17 Procedures -- Costs.
18 (1) (a) The department may issue a "stop sale, use, or removal order" to the distributor,
19 owner, or person in possession of any designated agricultural, vegetable, flower, or tree and shrub
20 seed or seeds for sprouting or lot of [such] seed which it finds or has reason to believe violates this
21 chapter.
22 (b) The order shall be in writing and no seed subject to it shall be moved, offered, or
23 exposed for sale, except upon subsequent written release by the department.
24 (c) Before a release is issued, the department may require the distributor or owner of the
25 "stopped" seed or lot to pay the expense incurred by the department in connection with the
26 withdrawal of the product from the market.
27 (2) The department is authorized in a court of competent jurisdiction to seek an order of
28 seizure or condemnation of any seed which violates this chapter or, upon proper grounds, to obtain
29 a temporary restraining order or permanent injunction to prevent violation of this chapter. No bond
30 [shall] may be required of the department in an injunctive proceeding brought under this section.
31 (3) (a) If condemnation is ordered, the seed shall be disposed of as the court directs[;

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1 provided, that in no event shall it].
2 (b) The court may not order condemnation without giving the claimant of the seed an
3 opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the seed
4 into conformance, or for permission to remove it from the state.
5 [(4)] (c) If the court orders condemnation, court costs, fees, storage, and other costs shall
6 be awarded against the claimant of the seed.
7 Section 10. Section 4-16-10 is amended to read:
8 4-16-10. False or misleading advertising with respect to seed quality prohibited.
9 [No person shall use orally or in writing, relative to any] Unless agricultural, vegetable,
10 flower, or tree and shrub [seed,] seeds or seeds for sprouting sold, advertised, or exposed or offered
11 for sale in this state for propagation or planting[,] have been registered or certified by an officially
12 recognized seed certifying agency approved and accredited in this state, a person may not:
13 (1) use orally or in writing:
14 (a) the term "foundation," "registered," or "certified" seed along with other words[,]; or
15 [shall use]
16 (b) any other term or form of words which suggests that the seed has been certified or
17 registered by an inspection agency duly authorized by any state, or that there has been registration
18 or certification, or either[,]; or [shall]
19 (2) use any tags similar to registration or certification tags[, unless such seeds have been
20 registered or certified by an officially recognized seed certifying agency approved and accredited
21 in this state].
22 Section 11. Section 4-16-11 is amended to read:
23 4-16-11. Distributors of seed to keep record of each lot of seed distributed.
24 (1) Each person whose name appears on the label of agricultural, vegetable, flower, or tree
25 and shrub seeds or seeds for sprouting shall keep a complete record of each lot of agricultural,
26 vegetable, flower, tree and shrub seed or seeds for sprouting distributed in this state for a period
27 of two years and a file sample of each [such] lot of seed for a period of one year after final
28 disposition of the lot. [All such]
29 (2) The records and samples pertaining to the distribution of [such] the seeds shall be
30 available to the department for inspection during regular business hours.


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Legislative Review Note
as of 1-10-97 2:49 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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