Mass. Gen. Laws ch. 128, sec. 95 — MA Code / Part I / Title XIX / Chapter 128 / Section 95
Access for inspection; taking samples for tests and analyses; cooperation with United States Department of Agriculture; withholding seeds from sale
Status: in_force

Section 95. The commissioner, either in person or his assistants, shall have free access at all reasonable hours to each building or other place where agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds are stored, sold or offered or exposed for sale, for the purpose of inspection of such seeds, and, upon tendering the market price, may take samples of such agricultural, vegetable, flower or tree and shrub seeds or mixtures thereof for tests and analyses. Such samples shall be thoroughly mixed and two official samples taken therefrom; each official sample shall be securely sealed. Such official samples shall be submitted by said commissioner or his duly authorized assistants to the director for testing and analyzing. One of such samples shall be held by the director or his duly authorized assistant at the disposal of the person named on the label as the vendor of the seed samples for six months after the results of the analysis have been reported, as provided in section ninety-seven, and the other sample retained by the director or such assistant for analysis. The commissioner shall co-operate with the United States department of agriculture in seed law enforcement. The commissioner may order that any agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds, the containers of which he finds are not tagged or labeled as provided in section eighty-five or which do not conform to the statements on the tags or labels attached to the containers thereof, be withheld from sale until properly tagged or labeled or until made to conform to the statements on the tags or labels attached to the containers thereof. Any person aggrieved by such an order may, within ten days after the entry thereof, appeal therefrom by petition to the superior court in the county where he resides or has his usual place of business or in the county of Suffolk. The court shall hear such petition speedily in accordance with the usual course of procedure in equity, and may affirm, modify or revoke such order. Such order shall remain in force until so modified or revoked.

Section 95. The commissioner, either in person or his assistants, shall have free access at all reasonable hours to each building or other place where agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds are stored, sold or offered or exposed for sale, for the purpose of inspection of such seeds, and, upon tendering the market price, may take samples of such agricultural, vegetable, flower or tree and shrub seeds or mixtures thereof for tests and analyses.

Such samples shall be thoroughly mixed and two official samples taken therefrom; each official sample shall be securely sealed. Such official samples shall be submitted by said commissioner or his duly authorized assistants to the director for testing and analyzing. One of such samples shall be held by the director or his duly authorized assistant at the disposal of the person named on the label as the vendor of the seed samples for six months after the results of the analysis have been reported, as provided in section ninety-seven, and the other sample retained by the director or such assistant for analysis.

The commissioner shall co-operate with the United States department of agriculture in seed law enforcement.

The commissioner may order that any agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or tree and shrub seeds, the containers of which he finds are not tagged or labeled as provided in section eighty-five or which do not conform to the statements on the tags or labels attached to the containers thereof, be withheld from sale until properly tagged or labeled or until made to conform to the statements on the tags or labels attached to the containers thereof. Any person aggrieved by such an order may, within ten days after the entry thereof, appeal therefrom by petition to the superior court in the county where he resides or has his usual place of business or in the county of Suffolk. The court shall hear such petition speedily in accordance with the usual course of procedure in equity, and may affirm, modify or revoke such order. Such order shall remain in force until so modified or revoked.