1412 Laws of Maryland [Ch. 772
Any permit issued under the provisions of this sub-title may be
revoked or suspended by the State Board of Agriculture or its
authorized agent upon satisfactory proof that said seedsman has
violated any provisions of this sub-title or any of the rules and
regulations promulgated thereunder. No such permit shall be revoked
or suspended until the holder thereof has been given a hearing by
the State Board of Agriculture or its authorized agent.
153. (Exemptions.) (a) The provisions of Sections 150,151, 151 A,
152, 152A, and 152B do not apply—
(1) To seed or grain not intended for planting purposes.
(2) To seed in storage in, or consigned to, a seed cleaning or
processing establishment for cleaning or processing. Provided, that
any labeling or other representation which may be made with respect
to the unclean seed shall be subject to this sub-title.
(3) To seed sold by one farmer to another if such seed has neither
been advertised for sale nor been delivered through a carrier.
(4) To any carrier in respect to any seed transported or delivered
for transportation in the ordinary course of its business as a carrier.
Provided, that such carrier is not engaged in producing, processing,
or marketing agricultural or vegetable, flower, tree or shrub seeds
subject to provisions of this sub-title.
(b) No person shall be subject to the penalties of this sub-title
for having sold, offered or exposed for sale, or transported in this
State any agricultural, vegetable, flower or tree and shrub seeds,
which were incorrectly labeled or presented as to kind, variety
or origin which seeds cannot be identified by examination thereof,
unless he has failed to obtain an invoice or grower's declaration
giving kind, or kind or AND variety, and origin, if required, and to
take such other precautions as may be necessary to insure the identity
to be that stated.
154. (Duties and Authority of State Board of Agriculture.)
(a) The duty of enforcing this sub-title and carrying out its pro-
visions and requirements shall be vested in the State Board of
Agriculture. It shall be the duty of said Board, which may act
through its authorized agents—
(1) To inspect, sample, analyze, test and examine seeds trans-
ported, sold, offered or exposed for sale within this State for planting
purposes, at such time and place and to such extent as said Board
may deem necessary to determine whether said agricultural, vege-
table, flower, tree or shrub seeds are in compliance with the pro-
visions of this sub-title, and to notify promptly the person who
transported, sold, offered or exposed the seed for sale, of any vio-
lation.
(2) To prescribe, and after public hearing following due public
notice, to adopt rules and regulations governing the methods of
inspecting, sampling, analyzing, testing, and examining agricultural,
vegetable, flower, tree and shrub seeds, and the tolerances to be
followed in the administration of this sub-title, and such other rules
and regulations as may be necessary to secure the efficient enforce-
ment of this sub-title.
|
|