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11 AAC 34.020. Prohibited and restricted noxious weeds

(a) The following are prohibited noxious weeds:

(1) Bindweed, field (Convolvulus arvensis);

(2) Fieldcress, Austrian (Rorippa austriaca);

(3) Galensoga (Galensoga parviflora);

(4) Hempnettle (Galeopsis tetrahit);

(5) Horsenettle (Solanum carolinense);

(6) Knapweed, Russian (Centaurea repens);

(7) Lettuce, blue-flowering (Lactuca puichella);

(8) Orange Hawkweed (Hieracium aurantiacum);

(9) Purple Loosestrife (Lythrum salicaria);

(10) Quackgrass (Agropyron repens);

(11) Sowthistle, perennial (Sonchus arvensis);

(12) Spurge, leafy (Euphorbia esula);

(13) Thistle, Canada (Cirsium arvense);

(14) Whitetops and its varieties (Cardaria drabe, C. pubescens, Lepidium latifolium).

(b) The following are restricted noxious weeds, with their maximum allowable tolerances:

(1) Annual bluegrass (Poa annua), 90 seeds per pound;

(2) Blue burr (Lappula echinatat), 18 seeds per pound;

(3) Mustard (Brassica kaber, juncea), 36 seeds per pound;

(4) Oats wild (Avena fatua), seven seeds per pound;

(5) Plantain, buckhorn (Plantago sp.), 90 seeds per pound;

(6) Radish (Raphanus raphanistrum), 27 seeds per pound;

(7) Toadflax, yellow (Linaria vulgaris), one seed per pound;

(8) Vetch, tufted (Vicia cracca), two seeds per pound;

(9) Wild Buckwheat (Polygonum convovulus), two seeds per pound.

History: In effect before 7/28/59; am 3/2/78, Register 65; am 10/28/83, Register 88; am 7/28/2007, Register 183

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030

11 AAC 34.030. Weed seed as agricultural seed

The following seeds, when occurring incidentally in agricultural and vegetable seeds, are classed as weed seeds, except when sold alone or as a specific constituent of a definite seed mixture:

Black Medic (Medicago lupulina);

Cardoon (Cynara cardunculus);

Dandelion (Taraxacum species);

Lupine (Lupinus species);

Pigweed (Amaranthus species);

Radish (Raphanus sativus);

Rape (Brassica campestris and napus);

Sunflower (Helianthus annuus);

Yarrow (Achillea millefolium); and

Tufted Vetch (Vicia cracca).

History: In effect before 7/28/59; am 3/2/78, Register 65; am 10/28/83, Register 88

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030

11 AAC 34.033. Certified seed potatoes

Repealed 10/28/87.

11 AAC 34.040. Sampling procedure for purity and germination tests

(a) A sample of seed chosen by an authorized agent of the division of agriculture for the purpose of determining whether or not the seed meets the requirements of this chapter is known as an "official sample," and must be drawn in a manner to represent as nearly as possible the entire lot from which it is taken.

(b) Official samples of seed shall be taken according to procedures which conform as nearly as practicable to those used by the United States Department of Agriculture pursuant to 7 C.F.R. 201.39 - 201.44.

History: In effect before 7/28/59; am 3/2/78, Register 65

Authority: AS 03.05.010

AS 03.05.030

AS 44.37.030

11 AAC 34.045. Duties and authority of the director

(a) The duty of enforcing this chapter and of carrying out its provisions and requirements is vested in the director. The duties and authority of the director include the following:

(1) to sample, inspect, make analyses of, and test any agricultural or vegetable seed held, transported, sold, offered, or exposed for sale within the state for planting purposes, at the time, place, and to the extent the director finds necessary to determine whether the seed is in compliance with this chapter;

(2) to sample, inspect, make analyses of any tree, shrub, or flower seed held, transported, sold, offered, or exposed for sale within the state for planting purposes, at the time, place, and the extent as the director may find necessary to determine whether the seed is in compliance with this chapter;

(3) to issue and enforce a written stop sale order or to issue a violation notice, whichever the director determines applicable, to the possessor or owner of any lot of agricultural, vegetable, tree, shrub, or flower seed which is found to be in violation of this chapter; and

(4) to prohibit the further sale, processing, or movement of seed, except on approval of the director, until evidence is obtained that shows that the requirements of this chapter have been complied with and a release from the stop sale order has been issued for the seed.

(b) When seed is denied further sale, processing, or movement under (a)(3) and (a)(4) of this section, the owner or processor of the seed has the right to appeal to a court of competent jurisdiction in the locality in which the seeds were found in violation, asking for a judgment as to the justification of the order and for the discharge of the seed from the order prohibiting the sale, processing, or movement, in accordance with the findings of the court.

(c) The provisions of (a)(3) and (a)(4) of this section do not limit the right of the director to proceed as authorized by other sections of this chapter.

(d) For the purpose of carrying out the provisions of this chapter, the director or his authorized agents, may

(1) enter upon any public or private premises during regular business hours in order to access seeds and associated records maintained under this chapter, and any truck or other conveyer by land, water, or air at any time when the conveyer is accessible, for the same purposes; and

(2) either alone or in the presence of a representative or employee of the person whose premises are entered, examine and inspect any agricultural, vegetable, tree, shrub, or flower seed in possession, offered, or exposed for sale for planting purposes in this state, for compliance with this chapter.

(e) A sample taken under this section, and the report showing the results of the official test made on a sample, is prima facie evidence of the true condition of the entire lot from which the sample was taken.

(f) A copy of the results of any seed test from a sample taken under this section may be mailed to any person or his authorized representative, known to own, possess, or hold the seed from which the sample was taken.

History: Eff. 10/28/83, Register 88

Authority: AS 03.05.010

AS 03.05.030

AS 03.05.040

AS 03.05.050

AS 44.37.030

11 AAC 34.050. Germination and purity tests

Germination and purity tests of seeds must be conducted according to procedures which conform as nearly as practicable to those used by the United States Department of Agriculture pursuant to 7 C.F.R. 201.59 - 201.66.

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