TITLE 2 AGRICULTURE

Section 11. Seeds and Plants, 2-11-1 through 2-11-77.

ARTICLE 2 SALE AND TRANSPORTATION OF SEEDS

2-11-25. Powers and duties of Commissioner - Generally.

The duty of enforcing this article and the carrying out of its provisions and requirements shall be vested in the Commissioner of Agriculture, who may act through his or her authorized agents. He shall have authority:

1. To sample, test, make analysis of, and inspect any seed transported, sold, or offered or exposed for sale within this state for planting purposes, at such time and place and to such extent as may be deemed necessary to determine whether such seed is in compliance with this article;
2. To enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected therewith subject to this article and rules and regulations promulgated hereunder;
3. To issue and enforce a written or printed "stop sale" order to the person or vendor of any seed which is in violation or is believed to be in violation of any of the provisions of this article or rules and regulations promulgated hereunder;
4. To furnish adequate facilities for testing seed and to employ qualified persons for making such tests;
5. To publish in print or electronically or cause to be published the results of the examination, analysis, and testing of any agricultural or vegetable seed sampled in accordance with this article, together with any other information that the Commissioner may deem advisable;
6. To provide that any person in this state shall have the privilege of submitting seed samples for testing, subject to the charges made for samples submitted as prescribed in rules and regulations promulgated under this article; provided, however, that seed samples shall be tested without charge for farmers who do not have a seed license; and
7. To cooperate with the United States Department of Agriculture in the enforcement of the Federal Seed Act.

(Ga. L. 1941, p. 497, § 5; Ga. L. 1956, p. 217, § 7; Ga. L. 1996, p. 1151, § 1; Ga. L. 2010, p. 838, § 10/SB 388.)