CHAPTER 2. SALE AND TRANSFER OF PLANT CULTURES
IC 15-15-2
Chapter 2. Sale and Transfer of Plant Cultures
IC 15-15-2-1
Application of chapter
Sec. 1. This chapter does not apply to commercial fertilizers,barnyard manure, marl, lime, wood ashes, or plaster.
As added by P.L.2-2008, SEC.6.
IC 15-15-2-2
"Person"
Sec. 2. As used in this chapter, "person" means an individual, afirm, a limited liability company, a corporation, a trustee, a receiver,or an assignee for the benefit of creditors.
As added by P.L.2-2008, SEC.6.
IC 15-15-2-3
Materials for plant growth; samples; statement; registrationcertificate; permit; grounds for refusal or cancellation of permit
Sec. 3. (a) Before pure or mixed cultures of microorganisms ormaterials used for promoting plant growth are sold or offered for salein Indiana, the manufacturer, dealer, importer, agent, or person thatcauses the materials to be sold, offered for sale, or provided bysample shall:
(1) file with the state chemist a:
(A) statement of desire to offer for sale in Indiana thematerials; and
(B) certificate for registration stating the:
(i) name of the manufacturer;
(ii) location of the principal office of the manufacturer;
(iii) name under which the product will be sold;
(iv) name or names of the plants for which the product isto be used;
(v) composition of the substance; and
(vi) kinds of microorganisms contained in the product thatpromote the growth of plants; and
(2) obtain a permit from the state chemist.
(b) The state chemist may:
(1) refuse to issue a permit to an applicant described insubsection (a); or
(2) cancel a permit issued under subsection (a);
if the state chemist is satisfied that a culture of microorganisms oranother material used for promoting the growth of plants is soldunder false or misleading claims.
As added by P.L.2-2008, SEC.6.
IC 15-15-2-4
Label; information required
Sec. 4. A person who manufactures, offers for sale, sells, displaysfor sale, or provides by sample, a pure or mixed culture of
microorganisms or materials used for promoting plant growth shallaffix or cause to be affixed, in a conspicuous place on the outside ofevery package or sample of the material, a label on which is plainlyprinted in English the:
(1) name of the manufacturer;
(2) location of the principal office of the manufacturer;
(3) name under which the product is sold;
(4) name or names of the plants for which the product is to beused;
(5) composition of the substance; and
(6) kinds of microorganisms contained in the product thatpromote the growth of plants.
As added by P.L.2-2008, SEC.6.
IC 15-15-2-5
Violations; exceptions
Sec. 5. (a) A person that:
(1) offers for sale, sells, or provides by sample a package, asample, or a quantity of a pure or mixed culture ofmicroorganisms or materials used for promoting plant growthto which the label prescribed by section 4 of this chapter is notaffixed;
(2) labels a substance described in subdivision (1) with a falseor inaccurate label; or
(3) offers for sale or sells a substance described in subdivision(1) that is not registered with the state chemist;
as required by this chapter commits a Class C infraction.
(b) This chapter does not prevent:
(1) the state chemist;
(2) the Purdue University office of agricultural researchprograms; or
(3) a person deputized by the state chemist;
from making experiments with pure or mixed cultures ofmicroorganisms or materials used for promoting plant growth for theadvancement of the science of agriculture.
As added by P.L.2-2008, SEC.6.
IC 15-15-2-6
Fees; disposition
Sec. 6. (a) The state chemist shall charge, collect, and receive thesum of twenty-five dollars ($25):
(1) at the time of registering a pure or mixed culture ofmicroorganisms or materials described in section 3 of thischapter for each material or culture registered; and
(2) not later than the fifteenth day of January of eachsucceeding year until the pure or mixed cultures ofmicroorganisms or material is no longer sold, distributed,offered, or displayed for sale in Indiana.
(b) Money received under subsection (a) must be forwarded to thetreasurer of Purdue University, who shall expend the money on
vouchers to be filed with the auditor of state to pay all necessaryexpenses incurred in implementing this chapter, including:
(1) the employment of inspectors, chemists, and bacteriologists;
(2) the expenses incurred in procuring samples;
(3) printing bulletins; and
(4) giving the results of inspections, as provided by this chapter;
and for any other expenses of Purdue University agriculturalprograms, as authorized by law and in support of the purposes of thischapter.
(c) The dean of agriculture of Purdue University shall submit tothe governor an annual classified report showing the total receiptsand expenditures of all fees 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 15-15-2-7
Taking samples
Sec. 7. (a) The state chemist or a person deputized by the statechemist may procure a suitable sample from any lot, parcel, orpackage of pure or mixed cultures of microorganisms or materialsused for promoting plant growth that is offered for sale or found inIndiana.
(b) A sample procured under subsection (a) must be drawn ortaken during reasonable business hours and in the presence of theowner of the product or a representative of the owner.
As added by P.L.2-2008, SEC.6.
IC 15-15-2-8
Interference with inspection or taking samples; violation
Sec. 8. A person who prevents the state chemist or a persondeputized by the state chemist from inspecting and obtaining samplesof pure or mixed cultures of microorganisms or materials as providedin this chapter commits a Class C infraction.
As added by P.L.2-2008, SEC.6.
IC 15-15-2-9
State chemist's authority; rules; permits; registration
Sec. 9. The state chemist may:
(1) prescribe and enforce rules necessary to implement thischapter;
(2) refuse to issue a permit; or
(3) refuse to register or cancel the registration of any productused for promoting plant growth or any pure or mixed culturesof microorganisms or materials used for promoting plant growthif the state chemist believes the product, cultures, or materials:
(A) are registered under a name that would be misleading asto the materials of which they are made; or
(B) are sold under false or misleading claims.
As added by P.L.2-2008, SEC.6.