2005 Connecticut Code - Sec. 22-59. Enforcement of provisions. Duties and powers of commissioner.

      Sec. 22-59. Enforcement of provisions. Duties and powers of commissioner. (a) The duty of enforcing this chapter and carrying out its provisions and requirements shall be vested in the Commissioner of Agriculture. The commissioner, who may act through his authorized agents, shall: (1) Sample, inspect, make analysis of and test agricultural and vegetable seeds transported, sold or offered or exposed for sale within this state for sowing purposes, at such time and place and to such extent as he deems necessary, to determine whether such agricultural or vegetable seeds are in compliance with the provisions of this chapter, and to notify promptly the person who transported, sold or offered or exposed the seed for sale of any violation; (2) prescribe and, after public hearing following public notice, adopt regulations governing the methods of sampling, inspecting, analysis, tests and examination of agricultural and vegetable seed, and the tolerances to be followed in the administration of this chapter, which shall be in general accord with officially prescribed practice in interstate commerce, and such other regulations as are necessary to secure the efficient enforcement of this chapter; (3) prescribe and, after public hearing following public notice, establish, add to or subtract therefrom by regulation a prohibited and restricted noxious-weed list, and (4) prescribe and, after public hearing following public notice, adopt regulations establishing reasonable standards of germination for vegetable seeds.

      (b) For the purpose of carrying out the provisions of this chapter, the commissioner, individually or through his authorized agents, may: (1) Enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected therewith, subject to this chapter and the regulations made thereunder and any truck or other conveyor by land, water or air at any time when the conveyor is accessible for the same purpose; (2) issue and enforce a written or printed "stop-sale" order to the owner or custodian of any lot of agricultural or vegetable seed, which the commissioner or his agent finds is in violation of any of the provisions of this chapter, which order shall prohibit further sales, processing and movement of the seed except on approval of the commissioner or his agent, until the commissioner or such agent has evidence that the law has been complied with and he has issued a release of the seed from the "stop-sale" order. The owner or custodian of such seeds shall have the right to appeal from such order to a court of competent jurisdiction in the area in which the seeds are found, praying for a judgment as to the justification of such order and for the discharge of such seed from the order prohibiting sale, process and movement. The provisions of this section shall not be construed as limiting the right of the commissioner or his authorized agent to proceed as authorized by other sections of this chapter; (3) establish and maintain or make provision for seed-testing facilities, employ qualified persons and incur such expenses as are necessary to comply with these provisions; (4) make or provide for making purity and germination tests of seeds for residents of the state on request, and prescribe regulations governing such testing, and fix and collect charges for the tests made; (5) cooperate with the United States Department of Agriculture and other agencies in seed law enforcement by mutual agreement.

      (1949 Rev., S. 3098; 1949, S. 1714d; 1959, P.A. 83; 637, S. 2; 1961, P.A. 67; 1963, P.A. 75, S. 5; 1971, P.A. 872, S. 446, 448; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 acts amended Subsec. (b) replacing orders to stop sales with orders to stop sales, process and movement of seeds, adding references to commissioner's agents and deleting in Subdiv. (2) proviso which forbade stop-sale orders without first offering owner or custodian of seed opportunity to comply with law or withdraw seeds from sale and replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 act replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources; 1963 act deleted commissioner's powers to establish and maintain grades and brands of seeds and seed mixtures and label brands, added Subdivs. (3) and (4) in Subsec. (a) re noxious-weed list and germination standards and amended Subsec. (b) to require access to records and trucks or other conveyors in Subdiv. (1) and to include other agencies in Subdiv. (5); 1971 act replaced commissioner of agriculture and natural resources with commissioner of agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.