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Section 22-61g - Enforcement. Seed control officer. Duties. Regulations. Authority. Preemption of municipal law.

CT Gen Stat § 22-61g (2019) (N/A)
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(a) The duty to enforce the provisions of sections 22-61c to 22-61f, inclusive, is hereby vested in the seed control officer. Said seed control officer, or such officer's duly appointed agent, shall: (1) Sample, inspect, make analysis of and test seeds that are transported, sold, offered or exposed for sale in the state for sowing purposes, at such time and place and to such extent as such officer may deem necessary to determine whether the labeling for such seeds complies with the requirements of sections 22-61c and 22-61d, (2) promptly notify the person who sold, offered or exposed for sale such seed and, if applicable, the person who labeled or transported such seed, of any violation, “stop sale” order or seizure, and (3) adopt regulations, in accordance with the provisions of chapter 54, concerning: (A) Methods of sampling, inspecting, analyzing, testing and examining seeds and the tolerances to be used, (B) provisions required for the enforcement of sections 22-61c to 22-61f, inclusive, (C) the development of a prohibited and restricted noxious weed list, (D) reasonable standards of germination for vegetable seeds and flower seeds, (E) labeling flower seeds with respect to kind and variety or type and performance characteristics for such seeds, (F) the development of a list of the kinds of flower seeds subject to the flower seed germination labeling requirements described in section 22-61c, (G) the development of a list of the tree seed and the shrub seed species subject to germination labeling requirements, as described in section 22-61c, and (H) the development of a list of the kinds of vegetable seeds subject to the vegetable seed germination labeling requirements, as described in section 22-61c.

(b) In furtherance of the provisions of sections 22-61c to 22-61f, inclusive, the seed control officer may: (1) Enter upon any public or private premises during customary business hours for the purpose of gaining access to seeds and the records connected with such seeds, any truck or other conveyor by land, water or air at any time when the conveyor is accessible, (2) issue and enforce a written or printed “stop sale” order, as described in section 22-61h, to the owner or custodian of any lot of seed for the purpose of enforcing the provisions of sections 22-61c to 22-61f, inclusive, (3) establish, maintain or make provision for the use of seed testing facilities for the purpose of enforcing the provisions of sections 22-61c to 22-61f, inclusive, (4) perform or provide for the performance of purity and germination tests of seed for farmers and dealers upon request, (5) adopt regulations, in accordance with the provisions of chapter 54, concerning purity and germination tests, including, but not limited to, establishing a fee for the performance of such tests, and (6) cooperate with the United States Department of Agriculture or any other federal or state agency involved in seed law enforcement.

(c) The provisions of sections 22-61c to 22-61j, inclusive, shall supersede and preempt the provisions of any municipal law or ordinance relative to the registration, sale, labeling, storage, transportation, distribution, notification of use or use of seeds.

(P.A. 14-223, S. 6.)

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Section 22-61g - Enforcement. Seed control officer. Duties. Regulations. Authority. Preemption of municipal law.