A. Any lot of agricultural, vegetable or ornamental plant seed not in compliance with the provisions of this article is subject to seizure upon complaint of the director to a court of competent jurisdiction in the locality in which the seed is located.

Terms Used In Arizona Laws 3-239

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Arizona Laws 3-231
  • Ornamental plant seed: means the seed of any plant used for decorative or ornamental purposes and includes flower seed. See Arizona Laws 3-231
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215

B. If the court finds the seed is in violation of this article and orders condemnation of the seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this state. Before the court orders such disposition of the seed, it shall first give the claimant an opportunity to apply to the court for release of the seed or permission to process or relabel it to bring it into compliance with this article.

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