7111 - Powers and duties of secretary and department.
§ 7111. Powers and duties of secretary and department. (a) General rule.--The department is hereby authorized and empowered to enforce all the provisions of this chapter and shall have power to prescribe, modify and enforce such reasonable rules, regulations, standards, tolerances and orders as in the judgment of the secretary shall be necessary to carry out the provisions of this chapter. (b) Powers and duties of department.--The department, in carrying out the provisions of this chapter, shall have the authority to: (1) Enter upon any public or private premises or carriers during regular business hours in order to have access to seed subject to provisions of this chapter and the records relating to this chapter. (2) Sample, inspect, make analysis of and test seeds subject to the provisions of this chapter that are transported, sold, offered or exposed for sale within this Commonwealth, at such time and place and to such extent as may be deemed necessary to determine whether the seeds are in compliance with the provisions of this chapter. (3) Issue and enforce a written or printed stop-sale order to the distributor, owner or custodian of any lot of seed which may be found in violation of any of the provisions of this chapter in order to prohibit further sale of such seed until the department has determined this chapter has been complied with. With respect to seeds which have been subject to a stop-sale order as provided in this paragraph, the distributor, owner or custodian of such seeds shall have the right to appeal as provided for in section 7115 (relating to appeal process). (4) Upon request by the distributor, owner or custodian of seeds held under a stop-sale order, issue a written permit for the sale of such seeds for feed or for the purpose of conditioning. (5) Establish and maintain seed testing facilities, to employ qualified persons and to incur such expenses as may be necessary to carry out the provisions of this chapter. (6) Make purity and germination tests of seeds and other tests of seeds on request and to prescribe rules and regulations governing such testing. (7) Require that each person whose name appears on the label or labeling of seeds subject to the provisions of this chapter keep for a period of two years complete records of each lot of seed handled and keep for one year a file sample of each lot of seed after final disposition of each lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the secretary or his agent during regular business hours. (8) Publish in bulletins or reports any and all information obtained from tests or analyses made under the provisions of this chapter which the secretary may deem proper for publication in the interest of the public, including the names and addresses of any person who has sold, offered for sale or exposed for sale any seeds subject to the provisions of this chapter so tested or analyzed. The secretary shall not publish the name or address of any citizen who shall have submitted samples of seeds for test or analysis but who has not sold, offered for sale or exposed for sale any such seeds. (9) Establish by regulation lists of prohibited noxious weed seeds, restricted noxious weed seeds and undesirable grass seeds. By regulation, seeds of any plants may be added to or subtracted from these lists. (c) Delegation.--The department may delegate any powers and duties under this chapter to any employee, agent or inspector.