MARVIN MANDEL, Governor                                     1753

ANY LOT OF AGRICULTURAL, VEGETABLE, HERB, FLOWER,
THEE, OR SHRUB SEED NOT IN COMPLIANCE WITH THE
PROVISIONS OF THIS SUBTITLE SHALL BE SUBJECT TO
SEIZURE ON COMPLAINT OF THE SECRETARY TO A COURT IN
THE COUNTY IN WHICH THE SEED IS LOCATED. IF THE COURT
FINDS THE SEED IS IN VIOLATION OF THIS SUBTITLE AND
ORDERS THE CONDEMNATION OF THE SEED, IT SHALL BE
DENATURED, PROCESSED, DESTROYED, RELABELED, OR
OTHERWISE DISPOSED OF IN COMPLIANCE WITH THE LAWS OF
THE STATE. HOWEVER, THE COURT MAY NOT ORDER THIS
DISPOSITION WITHOUT FIRST GIVING THE CLAIMANT AN
OPPORTUNITY TO APPLY TO THE COURT FOR THE RELEASE OF
THE SEED OR FOR PERMISSION TO PROCESS OR RELABEL IT TO
BRING IT INTO COMPLIANCE WITH THIS SUBTITLE.

REVISOR'S NOTE: This section presently appears as
Art. 48, §158 of the Code. The present
reference to court "of competent
jurisdiction" is proposed for deletion
because the revision of this Article assumes
that only courts of competent jurisdiction
will hear cases arising under the Article.
The only other changes made are in style.

SEC. 9-213. PROSECUTIONS.

(A)   SECRETARY MAY INSTITUTE JUDICIAL PROCEEDINGS.

WHEN THE SECRETARY FINDS THAT ANY PERSON HAS
VIOLATED ANY OF THE PROVISIONS OF THIS SUBTITLE, HE
MAY INSTITUTE JUDICIAL PROCEEDINGS IN THE COUNTY IN
WHICH THE VIOLATION OCCURRED. HE MAY FILE INFORMATION
WITH THE ATTORNEY GENERAL WITH THE VIEW OF
PROSECUTION.

(B)   PRIVATE HEARING.

NO PROSECUTION UNDER THIS SUBTITLE MAY BE
INSTITUTED WITHOUT FIRST AFFORDING THE DEFENDANT AN
OPPORTUNITY FOR A PRIVATE HEARING BEFORE THE SECRETARY
TO INTRODUCE EVIDENCE EITHER IN PERSON OR BY ATTORNEY.
A PRIVATE HEARING MAY CONSIST OF A DISCUSSION OF FACTS
BETWEEN THE PERSON CHARGED AND ENFORCEMENT OFFICERS.
AFTER THE HEARING, OR IF THE DEFENDANT OR HIS ATTORNEY
FAILS OR REFUSES TO APPEAR, THE SECRETARY SHALL
PROCEED AS PROVIDED, IF HE BELIEVES THE EVIDENCE
WARRANTS PROSECUTION.

(C)   STATE'S ATTORNEY.