11 AAC 34.045. Duties and authority of the director

(a) The duty of enforcing this chapter and of carrying out its provisions and requirements is vested in the director. The duties and authority of the director include the following:

(1) to sample, inspect, make analyses of, and test any agricultural or vegetable seed held, transported, sold, offered, or exposed for sale within the state for planting purposes, at the time, place, and to the extent the director finds necessary to determine whether the seed is in compliance with this chapter;

(2) to sample, inspect, make analyses of any tree, shrub, or flower seed held, transported, sold, offered, or exposed for sale within the state for planting purposes, at the time, place, and the extent as the director may find necessary to determine whether the seed is in compliance with this chapter;

(3) to issue and enforce a written stop sale order or to issue a violation notice, whichever the director determines applicable, to the possessor or owner of any lot of agricultural, vegetable, tree, shrub, or flower seed which is found to be in violation of this chapter; and

(4) to prohibit the further sale, processing, or movement of seed, except on approval of the director, until evidence is obtained that shows that the requirements of this chapter have been complied with and a release from the stop sale order has been issued for the seed.

(b) When seed is denied further sale, processing, or movement under (a)(3) and (a)(4) of this section, the owner or processor of the seed has the right to appeal to a court of competent jurisdiction in the locality in which the seeds were found in violation, asking for a judgment as to the justification of the order and for the discharge of the seed from the order prohibiting the sale, processing, or movement, in accordance with the findings of the court.

(c) The provisions of (a)(3) and (a)(4) of this section do not limit the right of the director to proceed as authorized by other sections of this chapter.

(d) For the purpose of carrying out the provisions of this chapter, the director or his authorized agents, may

(1) enter upon any public or private premises during regular business hours in order to access seeds and associated records maintained under this chapter, and any truck or other conveyer by land, water, or air at any time when the conveyer is accessible, for the same purposes; and

(2) either alone or in the presence of a representative or employee of the person whose premises are entered, examine and inspect any agricultural, vegetable, tree, shrub, or flower seed in possession, offered, or exposed for sale for planting purposes in this state, for compliance with this chapter.

(e) A sample taken under this section, and the report showing the results of the official test made on a sample, is prima facie evidence of the true condition of the entire lot from which the sample was taken.

(f) A copy of the results of any seed test from a sample taken under this section may be mailed to any person or his authorized representative, known to own, possess, or hold the seed from which the sample was taken.

History: Eff. 10/28/83, Register 88

Authority: AS 03.05.010

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