to control offensive seeds -- Notice of offending seeds -- Warrants. (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. Renumbered and Amended by Chapter 345, 2017 General Session
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