2-26-2
Section 2-26-2 Powers and duties of commissioner generally. It shall be the duty of the Commissioner
of Agriculture and Industries, who may act individually or through his authorized agents to:
(1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub
and flower seeds transported, sold, offered or exposed for sale or distributed within this
state for sowing or planting purposes, at such time and place and to such extent as he may
deem necessary to determine whether said seeds are in compliance with the provisions of this
article and notify promptly the person who transported, sold, offered or exposed the seed
for sale of any violation; (2) Enter upon any public or private premises during regular business
hours in order to have access to seeds subject to this article and the rules and regulations
thereunder; (3) Issue and enforce a written or printed "stop-sale," "suspension
from sale" or "nonuse" order to the owner or custodian of any lot of...
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2-26-11
Section 2-26-11 Prohibited acts. (a) It shall be unlawful for any person to sell, offer for
sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed
unless the test to determine the percentage of germination required by Section 2-26-7 shall
have been completed within a nine-month period, exclusive of the calendar month in which the
test was completed, immediately prior to sale or offering for sale, transportation or distribution;
provided, however, that the State Board of Agriculture and Industries shall have authority
under rules and regulations adopted under this article to prescribe a shorter required test
period when deemed necessary to meet seasonal conditions with respect to certain seed; provided
further, that the State Board of Agriculture and Industries shall also have authority pursuant
to rules and regulations to prescribe a longer period of time for the test required to determine
the percentage of germination for agricultural and...
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2-26-12
Section 2-26-12 Suspension from sale, seizure and condemnation of articles not in compliance
with provisions of article. Any lot of agricultural, vegetable, herb, tree, shrub or flower
seed not in compliance with the provisions of this article shall be subject to suspension
from sale, seizure and condemnation. The issuance of a "suspension from sale or use"
or "stop-sale" order and seizure and condemnation of seed sold or offered for sale
in violation of the provisions of this article shall be in accordance with Article 2 of Chapter
2 of this title. (Acts 1943, No. 560, p. 552, §;8; Acts 1963, No. 424, p. 931, §12.)...

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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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2-27-12
Section 2-27-12 Sampling and inspection. (a) The commissioner or his agent is authorized to
enter upon any public or private premise or carrier at reasonable times during regular business
hours in the performance of his duties relating to pesticides, devices and records pertaining
to same. It shall be a violation of the penalty provisions of this article for any person
to refuse to allow such entrance for sampling and inspection purposes. (b) The commissioner
or his agent is authorized and directed to sample, test, inspect and make analyses of pesticides
sold or offered for sale or distributed within this state, at a time and place and to such
an extent as he may deem necessary to determine whether such pesticides are in compliance
with the provisions of this article. (c) The official analysis shall be made from the official
sample. The registrant may obtain upon request a portion of said official sample. If the official
analysis conforms to the provisions of this article, the official...
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2-23-10
Section 2-23-10 Suspension from sale, seizure and condemnation of agricultural liming materials
offered or exposed for sale in violation of chapter, etc. The commissioner may issue and enforce
a written or printed stop sale or suspension from sale, use or removal order to the manufacturer,
owner, distributor or custodian of any lot of agricultural liming materials being held for
sale purposes and to hold such material at a designated place when such agricultural liming
material is being offered or exposed for sale in violation of any of the provisions of this
chapter until the law has been complied with and such agricultural liming material is released
in writing by the commissioner or his authorized agents or such liming material has been otherwise
legally disposed of by written or judicial authority. Any lot or other quantity of agricultural
liming material not in compliance with the provisions and requirements of this chapter or
rules and regulations duly adopted and promulgated...
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2-26-7
Section 2-26-7 Requirements as to labeling of containers in which seed sold, distributed, etc.
(a) Agricultural seed. (1) Each container of agricultural seed in excess of two pounds which
is sold, offered for sale, exposed for sale or distributed within this state for planting
or sowing purposes shall have attached thereto in a conspicuous place a plainly written in
ink or printed label of a size not less than 2 3/8 x 4 3/4 inches in the English language,
giving information for the following items: a. Commonly accepted name, kind and variety (of
those crops for which commercial varieties have been developed) of each agricultural seed
component in excess of five percent of the whole, subject to tolerances as provided in Section
2-26-3, and the percentage by weight of each in the order of its predominance. Where more
than one component is required to be named, the word "mixture" or the word "mixed"
shall be shown conspicuously near the top of the label or tag in type of not less than 8...

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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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8-16-7
Section 8-16-7 Powers of commissioner and local sealers in supervising weights and measures.
(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within
the state, the county sealer within the county and the city sealer within the city shall have
the power and it shall be their duty to inspect, test, try, and ascertain if they are correct
all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale,
sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities,
things, produce, or articles for distribution or consumption purchased or offered or submitted
for sale, hire, or reward, in computing any charge for services rendered on the basis of weight
or measure or in determining weight or measure when a charge is made for such determination.
(b) They shall have the power to, and shall from time to time, weigh or measure and inspect
packages or amounts of commodities of whatsoever kind...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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