KRS 250.081: Duties and powers of director -- Authority for administrative regulations.

(1) The duty of enforcing KRS 250.021 to 250.111 and carrying out its provisions and

requirements shall be vested in the director. It shall be the duty of the director:

(a) To enforce and administer the provisions of KRS 250.021 to 250.111.

(b) To be responsible for the official seed, plant, and plant parts certifying process

in Kentucky. The certifying agency of Kentucky shall be the Kentucky Seed

Improvement Association (KSIA). The affairs and business of KSIA shall be

managed by a board of not less than five (5), or more than fifteen (15)

directors, to be elected by the members. The KSIA commodity committees for

small grain, legumes and grasses, tobacco, and corn, sorghum, and soybeans

shall be represented by KSIA members and members of the experiment station

staff approved by the director. Certification work shall be on a self -supporting

basis but not for financial profit.

(c) To prescribe, amend, adopt, and publish after public hearing following due

public notice, administrative regulations governing:

1. The certification process.

a. Administrative regulations governing what crops grown in

Kentucky shall be eligible for certification; the conduct of

certification, and standards, requirements, and forms for

certification.

b. If certification in Kentucky is requested for agricultural seed or

plant parts for propagation produced outside of Kentucky and

intended for sale in Kentucky, the request may be granted only

when that part of the production process which has taken place

outside the state has been certif ied by the agency responsible for

certification in the state, province, or country where it originated,

and only when the standards of certification there are not lower

than those of the Kentucky Seed Improvement Association and are

accepted by the director.

c. If certification is requested for agricultural seed or plant parts for

propagation produced in Kentucky but eligible for certification

outside of Kentucky and intended for sale outside of Kentucky, the

request may be granted providing the production process conforms

with requirements of the agency responsible for certification in the

state, province, or country in which the seed or plant parts are

eligible for certification, and further that the certification does not

denote suitability or adaptabilit y of the seed or plant parts for use

in Kentucky. The director of the Kentucky experiment station may

issue, when necessary, certificates or statements showing that the

particular seed or plant parts so certified are not suitable or adapted

for use in Kentucky.

2. Seed sampling procedures, methods of analysis, testing and examining

of seed, and tolerances.

3. Names of seed which are to be considered noxious in Kentucky and the

maximum number of each kind of noxious weed seed to be allowed in a

seed lot.

4. Means for distinguishing seed intended for distribution from seed not

intended for distribution in establishments where only a portion of seed

being conditioned or held is to be distributed.

5. Procedures for issuing and releasing stop sales and for handli ng seed

which has been seized.

6. Charges for tests of samples submitted to the Kentucky Agricultural

Experiment Station Seed Laboratory for testing.

7. Procedures for obtaining a permit to label, responsibilities of permit

holders, method to be used in determining inspection fees, and the

procedure for permit holders to make payment of fees for distributing

agricultural seed.

8. Charges for labels purchased from the director.

9. Other topics deemed necessary to secure the efficient enforcement of the

provisions in KRS 250.021 to 250.111.

(2) Further, for the purpose of carrying out the provisions of KRS 250.021 to 250.111,

the director may:

(a) Withhold certification for two (2) or more years from any grower of seed who

is engaged in or is attempting to engage in any dishonest practices for the

purpose of evading KRS 250.021 to 250.111 or administrative regulations

promulgated by the director.

(b) Inspect, examine, sample, and analyze seed subject to the provisions of KRS

250.021 to 250.111 that are distributed in Kentucky for planting purposes, at

the time and place and to the extent he deems necessary to determine whether

the seed are in compliance with pr ovisions of KRS 250.021 to 250.111, and

notify promptly the person who distributed the seed and, if appropriate, the

person who labeled or transported the seed, of any violation, stop sale order,

or seizure.

(c) Enter upon any public or private premises, i ncluding seed conditioning plants

and fertilizer blending plants, during regular business hours in order to have

access to seed and the records connected with them subject to KRS 250.021 to

250.111 and to administrative regulations promulgated thereunder, and any

truck or other conveyer by land, water, or air at any time when the conveyer is

accessible, for the same purpose.

(d) Issue and enforce a written or printed "stop sale" order to the owner or

custodian of any lot of seed subject to the provisions of KRS 250.021 to

250.111 which the director finds is in violation of any of the provisions of

KRS 250.021 to 250.111 or administrative regulations promulgated

thereunder. This order shall prohibit further distribution of the seed except on

approval of the d irector, until the director has evidence that the law has been

complied with, and has issued a release from the "stop sale" order of the seed.

The owner or custodian of seed which has been denied distribution as

provided in this paragraph, may appeal from the order to a court of competent

jurisdiction in the locality in which the seed are found, asking for a judgment

justifying the order and for the discharge of the seed from the order

prohibiting their distribution in accordance with the findings of the co urt. The

provisions of this paragraph shall not be construed as limiting the right of the

director to proceed as authorized by other sections included in KRS 250.021

to 250.111.

(e) Seize improperly labeled seed. The director may seize any seed distributed

which is not properly labeled, and may hold it until proper labeling is effected

by the shipper or distributor of the seed.

(f) Establish and maintain seed testing facilities, to employ qualified persons, and

to incur expenses necessary to determine if se ed has been labeled correctly.

The testing facility established shall be officially named the "Kentucky

Agricultural Experiment Station Seed Laboratory." The director shall, with the

approval of the Board of Trustees of the University of Kentucky, fix the

salaries of the analysts, inspectors, and supporting staff.

(g) Make or provide for making purity, germination, and other tests of seed

quality for farmers and dealers on request; prescribe administrative regulations

governing the testing, and amount and m eans of collection of associated fees.

If tests are made for nonresidents, the fee for the test of purity and for

germination shall be paid in advance to the director. Fees received in payment

for tests shall be used for operation of the Kentucky seed test ing and control

program.

(h) Cooperate with the United States Department of Agriculture and other

agencies in seed law enforcement.

(i) Reduce the certification requirements for seed in emergency situations to

ensure adequate supplies of seed to Kentucky farmers.

(j) Publish the results of the examination, analysis, and tests of any samples of

agricultural seed or mixtures of that seed inspected or tested as provided in

KRS 250.021 to 250.111 together with any other information he may deem

advisable.