§ 642. Duties and authority of the Secretary
(a) The Secretary shall enforce and carry out the provisions of this subchapter, including:
(1) Sampling, inspecting, making analysis of, and testing seeds subject to the provisions
of this subchapter that are transported, sold, or offered or exposed for sale within
the State for sowing purposes. The Secretary shall notify promptly a person who sells,
offers, or exposes seeds for sale and, if appropriate, the person who labels or transports
seeds of any violation and seizure of the seeds or order to cease sale of the seeds
under section 643 of this title.
(2) Making or providing for purity and germination tests of seed for farmers and dealers
on request and to fix and collect charges for the tests made.
(3) Cooperating with the U.S. Department of Agriculture and other agencies in seed law
enforcement.
(4) Prior to sale, distribution, or use of a new genetically engineered seed in the State
and after consultation with the Agricultural Innovation Board under section 4964 of this title, review the traits of the new genetically engineered seed. The Secretary may prohibit,
restrict, condition, or limit the sale, distribution, or use of the seed in the State
when determined necessary to prevent an adverse effect on agriculture in the State.
(b) The Secretary shall establish rules to carry out the provisions of this subchapter,
including those governing the methods of sampling, inspecting, analyzing, testing,
and examining seeds and reasonable standards for seed.
(c) [Repealed.] (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 83, § 18; 2021, No. 49, § 7, eff. Jan. 1, 2022.)