§ 35-27-119 — Embargo

(1) (a) This section shall apply if the commissioner
finds or has reasonable cause to believe that any seed is:

(I) (A) Adulterated or misbranded; or

(B) Not labeled pursuant to this article; and

(II) (A) In violation of any provision of this article or any rule or regulation
adopted pursuant to this article;

(B) From an unregistered seed labeler;

(C) For sale or has been sold by an unregistered retail seed dealer; or

(D) Has been distributed by an unregistered custom seed conditioner.

(b) The commissioner shall conduct an investigation to determine if a
violation of paragraph (a) of this subsection (1) has occurred.

(2) If paragraph (a) of subsection (1) of this section applies, the commissioner
shall affix to the seed in question labeling to give notice that:

(a) The seed violates this article; and

(b) The seed is embargoed; and

(c) No person may remove or dispose of such seed by sale or otherwise until
permission for removal or disposal is given by the commissioner or a court of
competent jurisdiction.

(3) If the commissioner determines that embargoed seed is not adulterated
or mislabeled, the commissioner shall remove the labeling attached pursuant to
subsection (2) of this section.

(4) The owner of seed embargoed under this section may correct any
violation found by the commissioner within thirty days after the embargo of such
seed. If the violation is not corrected within thirty days, the commissioner may
petition a court of competent jurisdiction to condemn such seed.

(5) (a) If a court finds that embargoed seed is in violation of this article, such
seed shall, after entry of such court's decree, be destroyed at the expense of the
owner, claimant, or custodian thereof, under the supervision of the commissioner,
and all court costs, attorney fees, storage fees, and other reasonable and proper
expenses shall be assessed against the owner, claimant, or custodian of such seed.

(b) If adulteration or mislabeling of embargoed seed may be corrected by
proper conditioning or labeling, the court, after entry of such court's decree and if
costs, attorney fees, storage fees, and expenses are paid and a good and sufficient
bond is secured by the owner, claimant, or custodian of such seed, may order that
such seed be delivered to the owner, claimant, or custodian for corrective labeling
or conditioning. Any such corrective labeling or conditioning shall be conducted
under the supervision of the commissioner. The expense of such supervision shall
be paid by such owner, claimant, or custodian. The seed shall be returned to its
owner, claimant, or custodian when the seed no longer violates this article and the
expenses of such supervision have been paid. The commissioner shall inform the
court of compliance by the owner, claimant, or custodian of the seed.

Legislative History

Source: L. 93: Entire article R&RE, p. 1016, � 1, effective July 1.