SECTIONS 52361-52363 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 52361-52363

52361. The secretary, each commissioner, and any qualified
representative of the commissioner, shall sample and inspect any
agricultural or vegetable seed that is subject to this chapter at the
time and place and to the extent as he or she may deem necessary to
determine whether the agricultural or vegetable seed is in compliance
with the provisions of this chapter, and notify promptly the person
who is in possession or control of the seed of any violation.

52362. For the purpose of carrying out the provisions of this
chapter, any officer who is required to enforce this chapter may
enter upon any public or private premises during regular business
hours in order to have access to any seed which is subject to this
chapter and the regulations which are adopted pursuant to it.

52363. (a) Any sample which is taken by an enforcement officer in
accordance with the regulations which are adopted pursuant to this
chapter for the taking of official samples is prima facie evidence of
the true condition of the entire lot from which the sample was
taken. The presumption established by this subdivision is a
presumption affecting the burden of proof.
(b) A written report which is issued by the State Seed Laboratory
that shows the analysis of any such sample is prima facie evidence of
the true analysis of the entire lot from which the sample was taken.
The presumption established by this subdivision is a presumption
affecting the burden of proof, but it does not apply in a criminal
action.