Sec. 2.

(1) The director of the department of agriculture is the legal seed certifying officer of this state and may promulgate rules governing the certification of seed as to variety, type, strain, or other genetic character and the labeling of certified seed, and may adopt general seed certification standards in cooperation with certifying agencies. The rules authorized by this section shall be promulgated under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

(2) The director of the department of agriculture may permit the sale and advertising for sale as certified seed of a group of seed having common characteristics within a species even though the seed does not meet the requirements of this act or the rules promulgated under this act for certified seed if all of the following conditions are met:

(a) The director determines, with the concurrence of the director of the Michigan agricultural experiment station, that there is an inadequate supply in this state of a group of seed having common characteristics within a species.

(b) The seed has been certified by the official certifying agency of another state and is advertised and sold bearing the state of origin certification.

(c) Reasonable and timely notice is given to persons affected by the director's determination under this subsection.

(3) If the director exercises the authority provided under subsection (2), the director shall issue a list of the seed permitted for sale.

History: 1959, Act 221, Eff. Mar. 19, 1960 ;-- Am. 1986, Act 85, Imd. Eff. Apr. 24, 1986 Admin Rule: R 285.623.1 et seq. and R 285.628.1 et seq. of the Michigan Administrative Code.