§ 3.1-270. (Repealed effective October 1, 2008) Duties and authority of Commissioner; review of "stop-sale" ...
(A) The duty of enforcing this article and carrying out its provisions and requirements is vested in the Commissioner. The Commissioner may appoint agents to assist in carrying out the provisions of this article and the regulations adopted and established pursuant thereto.
To sample, inspect, analyze, and test agricultural, vegetable, flower, tree and shrub, lawn and turf seeds, and mixtures of such seeds transported, sold, offered or exposed for sale within this Commonwealth for sowing purposes and screenings for any purpose whatsoever, at such time and place and to such extent as he may deem necessary to determine whether such seeds, mixtures of such seeds and screenings, are in compliance with the provisions of this article, and if such seeds, mixtures of such seeds, or screenings are found not to be in compliance with the provisions of this article, to notify promptly the person who transported, sold, offered or exposed the seed for sale, or who otherwise violated this article.
(B) Further, for the purpose of carrying out the provisions of this article the Commissioner through his agents, is authorized:
(1) To enter upon public premises or private premises during business hours in order to have access to seeds, mixtures of such seeds, "screenings," and the records connected therewith subject to this article and the rules and regulations thereunder; and to enter upon any truck or other conveyor by land, by water, or by air at any time when such conveyor is accessible, for the same purpose;
(2) To issue and enforce a written or printed "stop-sale" order to the owner or custodian of any lot of agricultural, vegetable, flower, tree and shrub, lawn and turf seed, mixtures of such seeds, or "screenings," the Commissioner or his agent finds is in violation of any of the provisions of this article which order shall prohibit further sale of such seeds, mixtures of seeds, or "screenings" until the Commissioner or his agent has evidence that the law has been complied with. In respect to seeds, mixtures, or "screenings," which have been denied sale as provided in this subdivision, the owner or custodian of such seeds, mixtures, or "screenings," shall have the right to judicial review of such order in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). The provisions of this subdivision may not be construed as limiting the right of the Commissioner or his agent to proceed as otherwise authorized by the provisions of this article;
(3) To establish and maintain or make provisions for seed-testing facilities, to employ qualified persons, and to incur such expenses, including those incurred in the purchase of seed, as may be necessary;
(4) To fix and collect fees for testing seeds for farmers and dealers that have requested the tests;
(5) To establish and maintain facilities for checking trueness to variety, and to employ experts in order that seeds collected under the provisions of this article may be tested for trueness to kind and variety, and to cooperate with federal and state agencies with respect to variety testing in the laboratory, greenhouse and field;
(6) To publish the results of analyses, tests, examinations, studies, and investigations made as authorized by this article, together with any other information he may deem advisable;
(7) To cooperate with the United States Department of Agriculture in seed law enforcement;
(8) To require at his discretion the registration of any variety or hybrid which is to be offered for sale under the provisions of this article and rules and regulations promulgated thereunder, furnishing: (a) the recognized variety name or recognized hybrid designation of such variety or hybrid, (b) a one thousand viable seed sample of such seed, and (c) the history of its development and the name of the person who developed such variety or hybrid and first introduced it for production and sale; and
(9) To require the registration annually of all fields planted for the production of hybrid seed on or before June 20 and to provide for inspection of such fields at his discretion.
(C) The Commissioner may appoint a seed advisory committee to advise with him on provisions of this article.
(Code 1950, § 3-219.9; 1958, c. 483; 1966, cc. 9, 702; 1986, c. 615; 1994, c. 577.)
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