CHAPTER 1. INDIANA SEED LAW
IC 15-15
ARTICLE 15. HORTICULTURE PRODUCTS
IC 15-15-1
Chapter 1. Indiana Seed Law
IC 15-15-1-1
"Advertisement"
Sec. 1. As used in this chapter, "advertisement" means anyrepresentation, other than those on the label, relating to seed coveredby this chapter, disseminated in any manner or by any means.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-2
"Agricultural seed"
Sec. 2. As used in this chapter, "agricultural seed" means theseeds of legume, grass, forage, cereal, fiber, or oil crops. The termincludes other kinds of seeds commonly recognized in Indiana asagricultural seeds, lawn seeds, and mixtures of such seeds.
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.1.
IC 15-15-1-3
"Brand"
Sec. 3. As used in this chapter, "brand" means a word, name,number, or design used to identify seed of one (1) person todistinguish it from seed of another person.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-4
"Bulk lot"; "in bulk"
Sec. 4. As used in this chapter, "bulk lot" or "in bulk" refers toseed in an unpackaged form. The term does not include seed in bags.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-5
"Certifying agency"
Sec. 5. As used in this chapter, "certifying agency" refers to eitherof the following:
(1) An agency authorized under the laws of a state, territory, orpossession of the United States to officially certify seed.
(2) An agency of a foreign country determined by the state seedcommissioner to adhere to procedure and standards for seedcertification generally adhered to by certification agenciesdescribed in subdivision (1).
As added by P.L.2-2008, SEC.6.
IC 15-15-1-5.5
"Cool season lawn and turf grasses"
Sec. 5.5. As used in this chapter, "cool season lawn and turfgrasses" includes: (1) Kentucky bluegrass, red fescue, chewings fescue, hardfescue, tall fescue, perennial ryegrass, intermediate ryegrass,annual ryegrass, colonial bentgrass, or creeping bentgrass; and
(2) mixtures of any of the grasses referred to in subdivision (1).
As added by P.L.75-2010, SEC.2.
IC 15-15-1-6
"Distribute"
Sec. 6. As used in this chapter, "distribute" means to sell, offer tosell, barter, or supply or transport for sale agricultural or vegetableseed for sowing and seeding purposes in Indiana.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-7
"Effective"
Sec. 7. As used in this chapter, "effective", as applied toinoculants, means that under laboratory tests at least two (2) nodulesmust be produced on or adjacent to the primary root on at leastsixty-six percent (66%) of the plants in the test.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-8
"Hybrid"
Sec. 8. As used in this chapter, "hybrid" means the first generationof a cross made under controlled conditions between strains ofdifferent parentage and of satisfactory purity.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-9
"Kind"
Sec. 9. As used in this chapter, "kind" means one (1) or morerelated species or subspecies of plant that singly or collectively areknown by one (1) common name, including corn, oats, alfalfa, andtimothy.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-10
"Label"
Sec. 10. As used in this chapter, "label" means the display ordisplays of written, printed, or graphic matter on or attached to a seedcontainer or accompanying seed sold in bulk quantities.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-11
"Labeling"
Sec. 11. As used in this chapter, "labeling" refers to the use oflabels or other written, printed, or graphic representations in anyform accompanying or associated with a lot of seed whether in bulkor in containers. The term includes any representations on an invoice.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-12
"Legume inoculant"
Sec. 12. As used in this chapter, "legume inoculant" means a pureor mixed culture of bacteria of the genus Rhizobium capable ofeffectively inoculating a specific kind or specific kinds of legumeplants.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-13
"Lot"
Sec. 13. As used in this chapter, "lot" means a definite quantity ofseed identified by a lot number or other mark, every portion or bagof which is uniform within recognized tolerances for the factors thatappear in the labeling.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-14
"Noxious weed seed"
Sec. 14. As used in this chapter, "noxious weed seed" meanseither of the following:
(1) Prohibited noxious weed seed.
(2) Restricted noxious weed seed.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-15
"Percent"; "percentage"
Sec. 15. As used in this chapter, "percent" or "percentage" refersto the percentage by weight.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-15.5
"Permit"
Sec. 15.5. As used in this chapter, "permit" means a writtenauthorization granted by the seed commissioner and required underthis chapter before a person may distribute agricultural or vegetableseed in Indiana subject to this chapter.
As added by P.L.75-2010, SEC.3.
IC 15-15-1-16
"Person"
Sec. 16. As used in this chapter, "person" means an individual, apartnership, a company, or a corporation.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-17
"Pre-inoculated seed"
Sec. 17. As used in this chapter, "pre-inoculated seed" means seedto which has been applied before sale an application of a legumeinoculant to effectively nodulate the resultant plant until theexpiration date of the inoculant.As added by P.L.2-2008, SEC.6.
IC 15-15-1-18
"Prohibited noxious weed seed"
Sec. 18. As used in this chapter, "prohibited noxious weed seed"means:
(1) the seeds of perennial weeds that not only reproduce by seedbut also spread by underground roots, stems, and otherreproductive parts; and
(2) seeds, which when well established, are highly destructiveand difficult to control by ordinary good cultural practice.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-19
"Record"
Sec. 19. As used in this chapter, "record" means all informationrelating to the shipment or distribution of a lot of seed. The termincludes a file sample of each lot of seed.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-20
"Restricted noxious weed seed"
Sec. 20. As used in this chapter, "restricted noxious weed seed"means:
(1) seeds of weeds that are very objectionable in fields, lawns,and gardens of Indiana; and
(2) seeds of weeds that can be controlled by good culturalpractices.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-20.5
"Special use permit"
Sec. 20.5. As used in this chapter, "special use permit" meansauthorization issued by the seed commissioner to a person subject tosection 27(c) of this chapter for the use of seeds of plant species forthe purpose of research, development, production, or education.
As added by P.L.75-2010, SEC.4.
IC 15-15-1-21
"Treated"
Sec. 21. As used in this chapter, "treated" refers to seed that hasbeen subjected to an application of a substance or a process to:
(1) reduce, control, or repel certain disease organisms, insects,or other pests attacking the seed or seedlings growing from theseed; or
(2) change the appearance, growth pattern, or performance ofthe seed or seedlings growing from the seed.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-22 "Type"
Sec. 22. As used in this chapter, "type" means the generalphysiological and morphological characters common to a number ofvarieties, which varieties cannot be differentiated except underspecial conditions.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-23
"Variety"
Sec. 23. As used in this chapter, "variety" means a subdivision ofa kind characterized by growth, yield, plant, fruit, seed, or othercharacteristics, by which a plant can be differentiated from otherplants of the same kind.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-24
"Vegetable seed"
Sec. 24. As used in this chapter, "vegetable seed" means theseeds:
(1) of crops grown commercially or in home gardens; and
(2) commonly known and sold in Indiana as vegetable seeds.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-25
"Weed seed"
Sec. 25. As used in this chapter, "weed seed" means the seeds ofall plants commonly recognized as weeds in Indiana. The termincludes noxious weed seeds.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-26
State seed commissioner
Sec. 26. The state chemist is the state seed commissioner by virtueof office.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-27
Commissioner's duties; agent's authority
Sec. 27. (a) The state seed commissioner shall administer thischapter. The state seed commissioner may authorize an agent to actfor the state seed commissioner under this chapter.
(b) The state seed commissioner may do any of the following toadminister this chapter:
(1) Sample, inspect, analyze, and test agricultural and vegetableseed distributed within Indiana for seeding and sowingpurposes, when, where, and to the extent the state seedcommissioner considers necessary to determine whether theagricultural or vegetable seed is in compliance with thischapter.
(2) Notify a seed distributor of any violations of this chapter. (3) Adopt rules:
(A) governing:
(i) methods of sampling, inspecting, analyzing, testing, andexamining agricultural and vegetable seed; and
(ii) tolerances to be followed in the administration of thischapter; and
(B) necessary for the efficient enforcement of this chapter.
(4) Adopt rules to establish lists of prohibited and restrictednoxious weeds.
(5) Adopt rules to establish reasonable standards of germination(as defined by rule adopted under section 28 of this chapter) forvegetable seed.
(6) Adopt rules to establish standards for the effectiveness oflegume inoculant applied to pre-inoculated seed.
(7) Adopt rules to govern the treatment of seed and the labelingand distribution of treated seed.
(8) Publish at least one (1) time each year, in the form the seedcommissioner considers proper, information concerning:
(A) the sales of agricultural and vegetable seed; and
(B) the results of the analysis of official samples ofagricultural and vegetable seed sold within Indiana ascompared with the analysis guaranteed on the label.
Information concerning production and use of agricultural andvegetable seed may not disclose the operation of any person.
(9) Enter any:
(A) public or private property during regular business hours;or
(B) vehicle that transports seed, whether by land, water, orair, at any time the vehicle is accessible;
to inspect seed and the records relating to the seed, subject tothis chapter and the rules adopted under this chapter.
(10) As used in this subdivision, "stop sale order" refers to awritten order issued by the state seed commissioner to theowner or custodian of a lot of agricultural or vegetable seed thatthe state seed commissioner has found violates this chapter orrules adopted under this chapter. The state seed commissionermay issue and enforce stop sale orders. A stop sale orderprohibits the future sale, processing, and movement of the seeduntil the state seed commissioner issues a release from the stopsale order. The owner or custodian of the seed is entitled toappeal a stop sale order to a court with jurisdiction in thelocality in which the seed is found, as provided in IC 4-21.5,seeking a judgment as to the justification for the order for thedischarge of the seed from the stop sale order in accordancewith the findings of the court. This subdivision does not limitthe right of the state seed commissioner to proceed as otherwiseauthorized by this chapter.
(11) Establish and maintain or make provisions for seed testingfacilities.
(12) Employ qualified persons. (13) Incur necessary expenses.
(14) Test or provide for testing seed for purity and germination(as defined by rule adopted under section 28 of this chapter) forfarmers and dealers on request of a farmer or dealer, prescriberules governing such testing, and charge for the tests made.
(15) Cooperate with the United States Department ofAgriculture and other agencies in seed law enforcement.
(16) Enter the property of a producer of hybrid seed todetermine whether the seed produced is as the seed isrepresented.
(17) Issue a written special use permit to a person to use aprohibited noxious weed seed or a restricted noxious weed seedfor purposes of research, development, production, oreducation, subject to subsection (c).
(18) Adopt rules under IC 4-22-2 to establish fees that arenecessary for the administration of this chapter, including costsof inspections, analysis, and publications.
(19) Adopt rules under IC 4-22-2 to establish civil fines for thefollowing:
(A) Failure to submit a report required under this chapter.
(B) Failure to pay a fee required under this chapter.
(c) The seed commissioner, in response to an application for theissuance of a special use permit under subsection (b)(17), may:
(1) issue a special use permit;
(2) issue a special use permit subject to conditions; or
(3) deny a special use permit request.
In determining whether to issue a special use permit, the seedcommissioner shall consider each species of prohibited noxious weedor restricted noxious weed separately. The seed commissioner mayrevoke a special use permit at any time if it appears that the permitholder is not complying with the conditions established under thespecial use permit.
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.5.
IC 15-15-1-28
Rules; pure seed and germination
Sec. 28. (a) The state seed commissioner may by rule define seedlabeling and testing terms in common usage such as "pure seed" and"germination".
(b) A rule adopted by the state seed commissioner under thissection must be based on published sources such as the rules of theAssociation of Official Seed Analysts.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-29
Rules; purity of hybrid seed
Sec. 29. The state seed commissioner may, by rule, definecontrolled conditions and satisfactory purity for the production ofhybrid seed of any kind. A hybrid designation shall be treated as avariety name.As added by P.L.2-2008, SEC.6.
IC 15-15-1-30
Label; pre-inoculated seed
Sec. 30. The label of seed that has been pre-inoculated mustindicate that the seed has been pre-inoculated.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-31
Exceptions from labeling requirements
Sec. 31. (a) Sections 32 and 33 of this chapter do not apply to thefollowing:
(1) Seed or grain not intended for seeding and sowing purposes.However, treated agricultural seed must be labeled inaccordance with section 32 of this chapter when sold to anyperson for any purpose whether the seed is in containers or inbulk.
(2) Seed in storage or seed that is being transported orconsigned to a seed cleaning or processing establishment forcleaning or processing if the invoice or labeling accompanyinga shipment of the seed contains the statement "Seed ForProcessing". Any labeling or other representation that may bemade with respect to uncleaned or unprocessed seed is subjectto this chapter.
(3) A carrier in respect to seed transported or delivered fortransportation in the ordinary course of its business as a carrierif the carrier is not engaged in producing, processing, ordistributing agricultural or vegetable seed subject to thischapter.
(4) Seed that satisfies all the following:
(A) The seed is grown on the property owned by the sellerof the seed.
(B) The seed is sold and delivered to the purchaser on theproperty on which the seed is grown.
(C) The seed does not contain prohibited noxious weed seed.
(D) The seed contains not more than one-fourth of onepercent (0.25%) of restricted noxious weed seed.
(E) The seed contains not more than two and one-halfpercent (2.5%) of all weed seed.
If seed is advertised for sale through the medium of the publicpress, by circular, by catalog, or by exposing a sample of theseed or a printed or written statement about the seed in a publicplace or place of business, or if the seed is delivered by acommon carrier, (except when transported for the purpose ofbeing recleaned as provided in this section), the producer isconsidered to be a vendor, and the seed must meet allrequirements of this chapter, including complete labeling of theseed. For cereal and soybean seed where the purpose for whichthe seed is intended may be in question, seed advertised for saleby variety name, as processed, tested, treated, or offered at a
price substantially higher than current market prices, ispresumed to be offered for seeding purposes and subject to thelabeling provisions of this chapter.
(b) A person is not subject to the penalties of this chapter fordistributing agricultural or vegetable seed incorrectly labeled orrepresented as to kind, variety, or origin and that cannot be identifiedby examination of the seed unless the person fails to:
(1) obtain an invoice, genuine grower's declaration, or otherlabeling information; and
(2) take other precautions reasonable to ensure the identity ofthe seed as stated.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-32
Agricultural seeds; information for purchaser; label; bulkpurchase
Sec. 32. (a) A container of agricultural seed of any size consistingof more than one (1) pound distributed in Indiana for sowing andseeding purposes must contain or have attached in a conspicuousplace on the outside of the container a plainly written or printed tagor label in English giving the information required by this section. Ifthe seed is distributed in bulk, the information required by thissection must accompany delivery and be supplied to the purchaser atthe time of delivery.
(b) The labeling required for seed sold in bags and packages, andin bulk as required by this section, must include the followingstatements on the labeling attached to the container:
(1) The commonly accepted name of each kind and variety ofeach agricultural seed component that exceeds five percent(5%) of the whole and the percentage by weight of each in theorder of its predominance. However, the variety designationmay be omitted if the label states the name of the kind and thewords "variety not stated". If more than one (1) component isrequired to be named, the word "mixture" or the word "mixed"must be shown conspicuously on the label. A mixture consistingof two (2) or more varieties of the same kind may be designatedas a "blend".
(2) Lot number or other lot identification.
(3) Origin (state or foreign country where grown) for all seedexcept hybrid corn. If the origin is unknown, that fact must bestated.
(4) The percentage of all weed seed.
(5) The name and rate of occurrence per pound of each kind ofrestricted noxious weed seed present.
(6) The percentage of all other agricultural or vegetable seed,which may be designated as "other crop seeds" or "crop seeds".
(7) The percentage of inert matter.
(8) For each named agricultural seed:
(A) the percentage of germination (as defined by ruleadopted under section 28 of this chapter), exclusive of hard
seed;
(B) the percentage of hard seed, if present; and
(C) the calendar month and year the test was completed todetermine the percentages.
(9) The name and address of the person who labeled the seed orwho distributed it within Indiana.
(10) For all seed named and treated (for which a separate labelmay be used):
(A) a word or statement indicating that the seed has beentreated;
(B) the commonly accepted coined chemical or abbreviatedchemical (generic) name of any applied pesticide;
(C) a description of the process or the commonly acceptedname of the substance applied if other than a pesticide; and
(D) if the substance in the amount present with the seed isharmful to human or other vertebrate animals, a cautionstatement such as "Do Not Use For Food Or Feed Or OilPurposes". A poison statement or symbol must be used asthe caution for mercurials and similarly toxic substances.
(11) For pre-inoculated seed, in addition to other labelingrequirements of this section (for which a separate label may beused):
(A) a word or statement indicating that the seed has beenpre-inoculated; and
(B) the date beyond which the inoculant is not to beconsidered effective.
(12) For cool season lawn and turf grasses, the followingstatements on the labeling:
(A) For single kinds of grasses, the name of the kind or thekind and variety.
(B) For grass mixtures:
(i) the word "mix", "mixed", "mixture", or "blend" must bestated with the name of the mixture;
(ii) the headings "Pure Seed" and "Germination" or"Germ" must be used in the proper places; and
(iii) the commonly accepted name of the kind or the kindand variety of each agricultural seed component thatexceeds five percent (5%) of the whole, and thepercentage by weight of pure seed in order of itspredominance and in columnar form.
(C) The percentage by weight of agricultural seed other thanthose required to be named on the label (which must bedesignated as "crop seed").
(D) The percentage by weight of inert matter.
(E) The percentage by weight of all weed seeds. Themaximum weed seed content may not exceed two andfive-tenths percent (2.5%) by weight.
(F) The name and rate of occurrence per pound of each kindof restricted noxious weed seed present and listed under theheading "Noxious Weed Seeds". Restricted noxious weed
seed may not exceed twenty-five hundredths of one percent(0.25%) by weight.
(G) For each agricultural seed named under clause (A) or(B), the following:
(i) The percentage of germination, exclusive of hard seed.
(ii) The percentage of hard seed, if present.
(iii) The calendar month and year the test was completedto determine the required percentages. The oldest test datemust be used.
(iv) The statement "Sell by (month/year)". The date maynot exceed fifteen (15) months from the date that must bestated on the labeling under item (iii), exclusive of themonth of the test.
The total of the percentages by weight under clauses (B)(iii),(C), (D), and (E) must equal one hundred percent (100%).
(c) The statements required by this section may not be modifiedor denied.
(d) The total of the percentages that are stated on the labelingunder subsection (b)(1), (b)(4), (b)(6), and (b)(7) must equal onehundred percent (100%).
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.6.
IC 15-15-1-33
Vegetable seeds; label information
Sec. 33. (a) For vegetable seeds in packets as prepared for use inhome gardens or household plantings or vegetable seeds inpreplanted containers, mats, tapes, or other planting devices incontainers that do not exceed one (1) pound, the labeling mustinclude the following information:
(1) The name of the kind and variety of seed.
(2) The name and address of the person who labeled or whodistributed the seed.
(3) For seed that germinates less than the standard most recentlyestablished under this chapter:
(A) the percentage of germination (as defined by ruleadopted under section 28 of this chapter), exclusive of hardseed;
(B) the percentage of hard seed, if present;
(C) the calendar month and year the test was completed todetermine the percentages; and
(D) the words "Below Standard" in not less than 8 pointtype.
(4) For seed that has been treated, the same labeling informationrequired for agricultural seeds.
(5) The number of noxious weed seeds per pound of vegetableseed, if any weed seed is present.
(6) Lot number or other lot identification.
(7) Germination test information in any of the following forms:
(A) The calendar month and year the germination test wascompleted and the statement "Sell by (month/year)". The
date may not exceed twelve (12) months from the date of thetest, exclusive of the month of the test.
(B) The year for which the seed was packaged for sale, as"Packed for (year)". The date must be for a calendar yearand include the statement "Sell by (month/year)". The datemay not exceed twelve (12) months from the date of the test,exclusive of the month of the test.
(C) The percentage of germination and the calendar monthand year the test was completed to determine thepercentages. However, the germination test must have beencompleted within the previous twelve (12) months, exclusiveof the month of the test.
(b) For vegetable seeds sold in containers that are more than one(1) pound, the labeling must include the following:
(1) The name of each kind and variety present that exceeds fivepercent (5%) and the percentage by weight of each in order ofits predominance.
(2) Lot number or other lot identification.
(3) For each named vegetable seed:
(A) the percentage of germination, exclusive of hard seed;
(B) the percentage of hard seed, if present; and
(C) the calendar month and year the test was completed todetermine the percentages. The date may not be later thantwelve (12) months after the date of the test, exclusive of themonth of the test.
(c) For seeds placed in a germination medium, mat, tape, oranother device and in a way to make it difficult to determine thequantity of seed without removing the seed from the medium, mat,tape, or other device, the labeling must include a statement toindicate the minimum number of seeds in the container.
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.7.
IC 15-15-1-34
Fees; permits; reporting
Sec. 34. (a) A distributor of agricultural seed in packages of notmore than one (1) pound shall pay not later than January 15 of eachyear an annual fee of forty-five dollars ($45) for each brand of seeddistributed. Payment of an annual fee is not required of retailers whofurnish quantities of not more than one (1) pound from a properlylabeled container of seed on which the inspection fee has been paid.
(b) A person who distributes agricultural or vegetable seed inIndiana may apply to the state seed commissioner for a permit to usethe person's own labeling, report the quantity of seed sold, and paythe inspection fee on the basis of the report.
(c) In making application for a permit under subsection (b), thedistributor must agree to the following:
(1) Label the seed with the information required by law.
(2) Keep the records the state seed commissioner considersnecessary to indicate accurately the number and size ofcontainers of each kind of agricultural and vegetable seed
distributed and the quantity of such seed distributed in bulk.
(3) Grant the state seed commissioner or the state seedcommissioner's authorized representative permission to examinethe records described in subdivision (2) and verify the statementof quantity of seed distributed.
(4) Report under oath to the state seed commissioner on formsfurnished by the state seed commissioner the quantity ofagricultural and vegetable seed sold during the period covered.
(d) The state seed commissioner may grant a permit undersubsection (b) if the state seed commissioner determines that theapplicant's proposed report of the quality of agricultural andvegetable seed sold will lead to efficient enforcement of this chapter.The state seed commissioner may revoke the permit at any time if itappears to the state seed commissioner that the distributor is notcomplying with the agreement described in subsection (c) or thischapter. If:
(1) the report is not filed and the inspection fee not paid beforeten (10) days following the due date;
(2) the report of volume is false; or
(3) the labeling requirements of this chapter have not beencomplied with;
the state seed commissioner may revoke the permit. If the inspectionfee is unpaid after the ten (10) day grace period, a penalty shall beassessed in the amount of ten percent (10%) in addition to theamount due.
(e) The report of quantity sold required under subsection (c)(4) isdue, and the inspection fees required under this chapter are payable,semiannually on the last day of the month following the end of thesemiannual period. The first half reporting period ends June 30 andthe second half reporting period ends December 31.
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.8.
IC 15-15-1-35
Deposit of collected fees; disposition of fees
Sec. 35. (a) The state seed commissioner shall pay all feescollected under this chapter to the treasurer of Purdue University.
(b) The board of trustees of Purdue University shall expend thefees on proper vouchers filed with the treasurer of Purdue University.The treasurer shall pay vouchers for the following expenses:
(1) The employment of inspectors and seed analysts.
(2) Procuring samples.
(3) Printing bulletins giving the results of inspection.
(4) Any other expenses of the Purdue University agriculturalprograms authorized by law and for implementing this chapter.
(c) The dean of agriculture of Purdue University shall make afinancial report to the governor in such form as the state board ofaccounts requires, showing the total receipts and expenditures of allfees received under this chapter.
(d) Excess funds from the collection of fees under this chapter aresubject to IC 15-16-2-36.As added by P.L.2-2008, SEC.6.
IC 15-15-1-36
Fees and samples
Sec. 36. (a) Each person whose name appears on the label asdistributing agricultural or vegetable seed subject to this chapter shalldo the following:
(1) Keep for two (2) years complete records of each lot ofagricultural or vegetable seed distributed.
(2) Keep for one (1) year a file sample of each lot of seed thatis distributed after final disposition of the lot.
(b) All records and samples relating to the shipments involvedmust be accessible for inspection by the state seed commissioner orthe state seed commissioner's agent during customary business hours.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-37
License to sell seed under contract to purchase crop; penalties;offenses
Sec. 37. (a) A person who is engaged in the business of sellingagricultural or vegetable seed who enters into a contract with thepurchaser under which the seller agrees to repurchase the seed cropproduced by the purchaser at a price greater than the current marketprice of the seed at the time of delivery shall secure an annual licensefrom the state seed commissioner to engage in that business.
(b) To secure a license required by this section, a person mustapply for the license to the state seed commissioner. The applicationmust be accompanied by the following:
(1) A bond with corporate surety, approved by the seedcommissioner, in the penal sum of ten thousand dollars($10,000), payable to the state, for the use and benefit of anypurchaser of seed who may have a cause of action against aseller who fails to comply with the terms of the purchasecontract.
(2) A fee of one dollar ($1) for each place of business fromwhich agricultural or vegetable seed is distributed by thelicensee.
An applicant for a license may request the state seed commissionerto accept a verified financial statement of the applicant's assetsinstead of the submission of a bond. If the state seed commissioner,after an examination of the applicant's financial statement,determines that the applicant is financially responsible for anydamage that may arise out of a breach of a purchase contract, thestate seed commissioner may accept the statement instead of a bond.
(c) A license issued under this section expires at the end of thecalendar year in which it is issued.
(d) The state seed commissioner may suspend, revoke, or refuseto issue a license under this section to any person who fails tocomply with this chapter. If a hearing is waived by nonappearance ofthe person at the date, time, and place designated for the hearing, the
state seed commissioner may proceed to act under this section andsuspend, revoke, or refuse to issue a license. The failure to fulfill acontract to deliver seed sold, or the failure to repurchase the seedcrop produced from any agricultural or vegetable seed sold, is primafacie evidence of intent to defraud the purchaser if the crop producedby the purchaser meets the requirements prescribed in the contract ofsale. Whenever the state seed commissioner has evidence that alicensee has committed fraud on any purchaser, the state seedcommissioner shall immediately start proceedings to suspend orrevoke the license issued to the licensee.
(e) A person who recklessly, knowingly, or intentionally:
(1) enters into a contract with a producer of agricultural orvegetable seed, under which the person sells seed and agrees torepurchase the seed crop produced from that seed at a pricegreater than the current market price at the time of delivery; and
(2) has not obtained a license required by this section;
commits a Class B misdemeanor.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-38
Seizure of agricultural or vegetable seed; court disposition of seed
Sec. 38. (a) The state seed commissioner may file an action for theseizure of any lot of agricultural or vegetable seed that violates thischapter.
(b) An action filed under this section must be filed in a court withjurisdiction in the locality in which the seed is located.
(c) If the court finds the seed to be in violation of this chapter andorders the condemnation of the seed, the seed shall be denatured,processed, destroyed, relabeled, or disposed of in compliance withIndiana law. The court may not order the disposition of the seedunless the claimant is given an opportunity to apply to the court forrelease of the seed or permission to process or relabel the seed tobring it into compliance with this chapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-39
Injunctions
Sec. 39. (a) The state seed commissioner may apply for, and thecourt may grant, a temporary or permanent injunction to restrain aperson from violating or continuing to violate this chapter, or a ruleadopted under this chapter, notwithstanding the existence of otherremedies at law.
(b) The court may not require a bond as a condition of granting aninjunction under this section.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-40
Unlawful distribution
Sec. 40. A person may not distribute agricultural or vegetable seedwithin Indiana if any of the following apply: (1) If the test to determine the percentage of germination (asdefined by rule adopted under section 28 of this chapter)required by sections 32 and 33 of this chapter has not beencompleted within a nine (9) month period, not including thecalendar month in which the test was completed immediatelybefore distribution. However, the state seed commissioner mayby rule designate:
(A) a shorter period for a kind of agricultural or vegetableseed that the state seed commissioner finds under ordinaryconditions of handling will not maintain, during a nine (9)month period, a germination within the established tolerancelimits; or
(B) a longer period for a kind of agricultural or vegetableseed that is packaged in such container materials and undersuch conditions prescribed by the state seed commissionerthat the state seed commissioner finds will, during the longerperiod, maintain the viability of the seed under ordinaryconditions of handling.
(2) If the seed is not labeled in accordance with this chapter.
(3) If the seed carries labeling that is false or misleading in anyparticular.
(4) If the seed contains or consists of prohibited noxious weedseed.
(5) If the seed consists of or contains restricted noxious weedseed in excess of one-fourth of one percent (0.25%). If less thanone-fourth of one percent (0.25%) of weed seed by weight ispresent, the number per pound must be declared on the labeling.
(6) If the seed contains more than two and one-half percent(2.5%) of all weed seed.
(7) If the seed is represented to be "certified seed", "registeredseed", or "foundation seed", the seed has not been produced andlabeled in accordance with the procedures and in compliancewith rules of an official or officially recognized seedcertification or registration agency.
(8) If the inoculant applied to pre-inoculated seed is ineffectiveas determined by standards established by rule.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-41
Unlawful acts
Sec. 41. A person may not do any of the following:
(1) Detach, alter, deface, or destroy any label provided for inthis chapter or the rules adopted under this chapter.
(2) Alter or substitute seed in a manner that may defeat thepurpose of this chapter.
(3) Disseminate false or misleading advertisements concerningagricultural or vegetable seed.
(4) Hinder or obstruct in any way an authorized person in theperformance of the person's duties under this chapter.
(5) Fail to comply with a stop sale order issued under section 27
of this chapter.
(6) Use the word:
(A) "trace" as a substitute for any statement required by thischapter; or
(B) "type" in any labeling in connection with the name ofany seed variety.
(7) Use a state seed commissioner tag or label more than once.
(8) Sell grain or other seed that has been treated to any personfor any purpose unless the grain or seed is clearly labeled asrequired in sections 32 and 33 of this chapter.
(9) Distribute seed colored so that it does not contrast with thenatural color of the seed.
(10) Distribute noxious weed seed without a special use permitissued by the seed commissioner under section 27(b)(17) of thischapter.
(11) Assign the same brand designation to more than one (1)variety or blend of the same kind of seed, if not sold by varietyname.
(12) Use relabeling stickers unless the relabeling stickers state:
(A) both the calendar month and year the germination testwas completed and the sell-by date, as required undersections 32 and 33 of this chapter; and
(B) the lot number that matches the existing original lotnumber.
(13) Relabel a seed lot using stickers more than once.
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.9.
IC 15-15-1-42
Violations
Sec. 42. Except as provided in section 39 of this chapter, a personwho violates this chapter commits a Class C infraction.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-43
Regulation of seed by political subdivision prohibited; waiver;hearing
Sec. 43. (a) Except as provided in subsection (c), a politicalsubdivision (as defined in IC 36-1-2-13) may not regulate theadvertising, labeling, distribution, sale, transportation, storage, or useof seed.
(b) A political subdivision may, by resolution, petition the stateseed commissioner for a hearing to allow a waiver to adopt anordinance because of special circumstances relating to theadvertising, labeling, distribution, sale, transportation, storage, or useof seed. If a petition is received, the state seed commissioner shallhold a public hearing to consider granting the waiver requested. Thepublic hearing must be conducted in an informal manner. IC 4-21.5does not apply to a public hearing under this section.
(c) If the state seed commissioner, after a public hearing undersubsection (b), grants a political subdivision's petition for a waiver,
the political subdivision may regulate the advertising, labeling,distribution, sale, transportation, storage, or use of seed to the extentallowed by the waiver.
As added by P.L.2-2008, SEC.6.