CHAPTER 6. SEED CONTRACTS
IC 15-15-6
Chapter 6. Seed Contracts
IC 15-15-6-1
Application; applicable law
Sec. 1. (a) Except as provided in section 2 of this chapter, thischapter applies to a seed contract for seed that is planted in Indiana.
(b) Other applicable Indiana law not in conflict with this chapterapplies to a seed contract for seed that is planted in Indiana.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-2
Application to certain contracts
Sec. 2. This chapter does not apply to either of the following:
(1) A seed contract entered into before January 1, 2004.
(2) A production contract.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-3
Application of certain definitions
Sec. 3. The definitions in IC 15-15-7 apply throughout thischapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-4
Incorporation of law into seed contracts
Sec. 4. (a) The provisions of this chapter are considered to be apart of every seed contract.
(b) A seed contract is not required to contain or restate anyprovision of this chapter.
(c) A bag or other container used by a seed supplier to deliverseed to a farmer is not required to bear a label or any other writingcontaining or restating any provision of this chapter. A provisionfound on a label or any other writing on a seed bag or containerinconsistent with this chapter is not enforceable against a farmer.
(d) The failure of a seed supplier to state any provision of thischapter in a seed contract, on a label, or in any other writing on aseed bag or container is not a violation of this chapter.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-5
Conflict with law; void contracts
Sec. 5. A provision of a seed contract in conflict with this chapteris void.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-6
Waiver of law void
Sec. 6. A provision of a seed contract that purports to waive aprovision of this chapter is void.As added by P.L.2-2008, SEC.6.
IC 15-15-6-7
State law governing seed contracts
Sec. 7. A seed contract subject to this chapter is governed by thelaws of Indiana.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-8
Choice of other law
Sec. 8. If a seed contract purports to choose the laws of ajurisdiction other than Indiana to govern the contract, the choice isnot enforceable.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-9
Choice of forums; unenforceable choice
Sec. 9. (a) This section applies only if a seed contract purports tochoose a forum that would not otherwise have jurisdiction over afarmer.
(b) The forum selection provision of a seed contract must beprinted conspicuously in immediate proximity to the space reservedfor the signature of the farmer. For purposes of this subsection, aforum selection provision is printed conspicuously if any of thefollowing apply:
(1) The provision is printed in capital letters, and other text isprinted in capital and lower case letters.
(2) The provision is printed in a larger, bold, or other typefacedifferent from other text.
(3) The provision is printed in a color that contrasts with othertext.
(4) The provision is underlined.
(5) The provision is printed in any other way that highlights theprovision in relation to the other text of the contract.
(c) A forum selection provision that violates this section is notenforceable.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-10
Confidential communications
Sec. 10. Communications:
(1) between a farmer and:
(A) a member of the farmer's immediate family;
(B) an attorney;
(C) an accountant;
(D) a professional adviser; or
(E) a partner, an associate, or another individual engagedwith the farmer in the farming enterprise for which the seedwas purchased;
(2) regarding the terms of a seed contract; and (3) made for the purpose of giving advice to the farmer;
are not a breach of a confidentiality provision in a seed contract.
As added by P.L.2-2008, SEC.6.
IC 15-15-6-11
Possession of proprietary material; effect of de minimus possession
Sec. 11. If:
(1) a product in which the seed supplier has rights is possessedby the farmer or found on real property owned or occupied bythe farmer; and
(2) the presence of the product is de minimus or not intended bythe farmer;
the farmer is not liable for breach of the seed contract.
As added by P.L.2-2008, SEC.6.