§ 43-10-114 — Duties and authority of commissioner

Tennessee § 43-10-114

• Jurisdiction: Tennessee
• Title: 43

Text

(a) Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4, and title 53, chapter 11, parts 3 and 4, or any other state statute that authorizes or requires a person other than the commissioner to exercise jurisdiction and authority over matters related to the regulation of seed, the commissioner has exclusive jurisdiction and authority over all matters related to the regulation of seed. The duty of enforcing this part and its rules and regulations and carrying out its provisions and requirements shall be vested in the commissioner. It is the duty of the commissioner, who may act through authorized agents to: (1) Sample, inspect, analyze, and test agricultural and vegetable seed held in storage, transported, distributed, sold, offered or exposed for sale within this state for seeding purposes at such time and place and to such extent as the commissioner may deem necessary to determine whether such seeds are in compliance with this part, and notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale of any violation; (2) After conferring with interested industry representatives, prescribe, amend and adopt rules and regulations governing the method of sampling, inspection, analyzing, testing and examining agricultural and vegetable seed, and the tolerances to be followed in the administration of this part, which shall be in general accord with officially prescribed practices in interstate commerce; (3) Adopt a list of prohibited and restricted noxious weeds, conforming with the definitions stated in this part, and add or subtract from the list, from time to time, after a public hearing following due public notice; (4) Promulgate rules and regulations to provide such additional definitions of terms as the commissioner believes are needed; prescribe minimum standards of germination and purity and maximum number per pound allowed for each restricted noxious weed; and (5) Prescribe such other rules as may be necessary to secure the efficient enforcement of this part and to maintain a comprehensive scheme for regulating seed that shall be uniform and applicable throughout the state. (b) Further, for the purpose of carrying out this part, the commissioner, individually or through authorized agents, is authorized to: (1) Enter upon any public or private premises during business hours in order to have access to seeds and the records connected with seeds subject to this part and rules and regulations under this part, and any truck or other conveyor by land, water, or air at any time when such conveyor is accessible, for the same purpose; (2) Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of agricultural or vegetable seeds that the commissioner or the commissioner's authorized agent finds is in violation of any of the provisions of this part or rules and regulations promulgated under this part, which order shall prohibit further sale, conditioning and movement of such seed until the enforcing officer has evidence that there has been compliance with the law, and has issued a release from the "stop sale" order of such seed; provided, that in respect to seed that has been denied sale, conditioning and movement as provided in this subdivision (b)(2), the owner or custodian of such seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, conditioning and movement in accordance with the findings of the court; and provided further, that this subdivision (b)(2) shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this part; (3) Establish and maintain or make provisions for seed testing facilities, employ qualified persons, and incur such expenses as may be necessary to comply with these provisions; (4) Publish the results of analyses, tests, examinations, studies, and investigations made as authorized by this part, together with any other information the commissioner may deem advisable; and (5) Cooperate with the United States department of agriculture in seed law enforcement. (c) Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, or any other state statute that authorizes or requires a person other than the commissioner to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds, the commissioner shall have the sole authority to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds.

Legislative History

Amended by 2016 Tenn. Acts, ch. 643,Secs.s1, s2, s3 eff. 3/23/2016. Acts 1986, ch. 660, § 15.