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Current as of January 01, 2025 | Updated by Findlaw Staff
(1)(a) The department shall periodically enter public or private premises from which seeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and test agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed within this state to determine compliance with this chapter.
(b) To perform the duties specified in Subsection (1)(a), the department shall:
(i) establish and maintain facilities for testing the purity and germination of seeds;
(ii) prescribe by rule uniform methods for sampling and testing seeds; and
(iii) establish fees for rendering service.
(2) The department shall prescribe by rule weed seeds and noxious weed seeds and fix the tolerances permitted for those offensive seeds.
(3)(a) If a seed sample, upon analysis, fails to comply with this chapter, the department shall give written notice to that effect to any person who is distributing, offering, or exposing the seeds for sale.
(b) Notwithstanding Subsection (3)(a), nothing in this chapter shall be construed as requiring the department to refer minor violations for criminal prosecution or for the institution of condemnation proceedings if it believes the public interest will best be served through informal action.
(4) The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
Cite this article: FindLaw.com - Utah Code Title 4. Utah Agricultural Code § 4-16-203. Inspection--Samples--Analysis--Seed testing facilities to be maintained--Rules to control offensive seeds--Notice of offending seeds--Warrants - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-4-utah-agricultural-code/ut-code-sect-4-16-203/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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