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Legal
- Statutes
Seeds
Chapter
128: Section 95. Access
for inspection; taking samples for tests and analyses; cooperation with
United States department of
agriculture; withholding seeds from sale.
Section 95. The commissioner, either in person or his assistants, shall
have free access at all reasonable hours to each building or other place
where agricultural seeds or mixtures thereof, vegetable seeds, flower
seeds or tree and shrub seeds are stored, sold or offered or exposed for
sale, for the purpose of inspection of such seeds, and, upon tendering
the market price, may take samples of such agricultural, vegetable, flower
or tree and shrub seeds or mixtures thereof for tests and analyses.
Such samples shall be thoroughly mixed and two official samples taken
therefrom; each official sample shall be securely sealed. Such official
samples shall be submitted by said commissioner or his duly authorized
assistants to the director for testing and analyzing. One of such samples
shall be held by the director or his duly authorized assistant at the
disposal of the person named on the label as the vendor of the seed samples
for six months after the results of the analysis have been reported, as
provided in section ninety-seven, and the other sample retained by the
director or such assistant for analysis.
The commissioner shall co-operate with the United States department of
agriculture in seed law enforcement.
The commissioner may order that any agricultural seeds or mixtures thereof,
vegetable seeds, flower seeds or tree and shrub seeds, the containers
of which he finds are not tagged or labeled as provided in section eighty-five
or which do not conform to the statements on the tags or labels attached
to the containers thereof, be withheld from sale until properly tagged
or labeled or until made to conform to the statements on the tags or labels
attached to the containers thereof. Any person aggrieved by such an order
may, within ten days after the entry thereof, appeal therefrom by petition
to the superior court in the county where he resides or has his usual
place of business or in the county of Suffolk. The court shall hear such
petition speedily in accordance with the usual course of procedure in
equity, and may affirm, modify or revoke such order. Such order shall
remain n force until so modified or revoked.
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