199.11 - AUTHORITY OF THE DEPARTMENT.
199.11 AUTHORITY OF THE DEPARTMENT.
1. For the purpose of carrying out the provisions of this
chapter, the department shall do all of the following:
a. Sample, inspect, analyze, and test agricultural seed, if
the agricultural seed is transported, sold, offered, or exposed for
sale within this state for sowing. The department shall perform
these duties at a time and place and to an extent necessary to
determine whether the agricultural seed is in compliance with this
chapter. The department shall promptly notify the person who
transported, sold, offered, or exposed the seed for sale, of a
violation.
b. Adopt rules governing methods of sampling, inspecting,
analyzing, testing, and examining agricultural seed. The rules shall
include tolerances to be followed in the administration of this
chapter, which shall be in general accord with officially prescribed
practice in interstate commerce under the federal seed Act and other
rules or regulations necessary for the efficient enforcement of this
chapter.
2. For the purpose of carrying out the provisions of this
chapter, the department may:
a. Enter upon public or private premises during regular
business hours in order to have access to commercial seed, subject to
this chapter and departmental rules.
b. Issue and enforce a written or printed "stop sale"
order to the owner or custodian of any lot of agricultural seed which
the department believes is in violation of this chapter or
departmental rules. The order shall prohibit further sale of the
seed until the department has evidence of compliance. However, the
owner or custodian of the seed shall be permitted to remove the seed
from a salesroom open to the public. Judicial review of the order
may be sought in accordance with chapter 17A. However,
notwithstanding chapter 17A, petitions for judicial review may be
filed in the district court. This subsection does not limit the
right of the department to proceed as authorized by other sections of
this chapter.
c. Establish and maintain or make provision for seed testing
facilities essential to the enforcement of this chapter. The
department may employ qualified persons, and incur expenses necessary
to comply with these provisions.
d. Cooperate with the United States department of agriculture
in seed law enforcement. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 199.11] Section History: Recent Form
92 Acts, ch 1239, § 35; 93 Acts, ch 40, § 1, 2