IC 15-15-7
    Chapter 7. Inspections Under Seed Contracts

IC 15-15-7-1
Application; applicable law
    Sec. 1. (a) Except as provided in section 2 of this chapter, thischapter applies to the inspection of:
        (1) seed; and
        (2) the crop growing from seed;
by a seed supplier under the seed supplier's rights in a seed contract.
    (b) Other applicable Indiana law not in conflict with this chapterapplies to a seed supplier inspecting:
        (1) seed; and
        (2) the crop growing from seed;
under the seed supplier's rights in a seed contract.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-2
Application to production contract
    Sec. 2. This chapter does not apply to an inspection by a seedsupplier under a production contract.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-3
"Farmer"
    Sec. 3. As used in this chapter, "farmer" refers to a person who isengaged in commercial farming and who plants seed in Indiana undera seed contract to grow a commercial crop.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-4
"Production contract"
    Sec. 4. As used in this chapter, "production contract" refers to anyof the following:
        (1) A contract to grow seed for demonstration purposes.
        (2) A contract to grow seed for research purposes.
        (3) A contract to grow seed under which the seed supplier:
            (A) retains title to the crop or a product from the crop; or
            (B) has the right or obligation to purchase, receive, or directthe disposition of the crop or a product from the crop.
        (4) A contract to grow seed in connection with an identitypreserved crop program.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-5
"Seed"
    Sec. 5. As used in this chapter, "seed" refers to agricultural seed(as defined in IC 15-15-1-2) or vegetable seed (as defined inIC 15-15-1-24) used to grow a commercial agricultural or acommercial vegetable crop.As added by P.L.2-2008, SEC.6.

IC 15-15-7-6
"Seed contract"
    Sec. 6. As used in this chapter, "seed contract" refers to a writtencontract between a seed supplier and a farmer that a farmer must signto obtain the seed or the right to plant the seed.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-7
"Seed supplier"
    Sec. 7. As used in this chapter, "seed supplier" refers to a personengaged in commercial production or supply of either of thefollowing:
        (1) Seed.
        (2) Technology genetically engineered into seed.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-8
Unenforceable seed contract provisions; conflict with law
    Sec. 8. A provision of a seed contract in conflict with this chapteris unenforceable against a farmer.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-9
Unenforceable seed contract provisions; waiver of law
    Sec. 9. A provision of a seed contract that purports to waive aprovision of this chapter is unenforceable against a farmer.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-10
Inspection under seed contract; procedure; court order; rules
    Sec. 10. (a) As used in this section, "commissioner" refers to thestate seed commissioner.
    (b) A seed contract may not give or be interpreted to give a seedsupplier or an agent of a seed supplier the right to enter real propertyowned or occupied by the farmer to acquire samples of the cropgrown from the seed or any other plant growing on the real propertyunless all of the following apply:
        (1) The seed supplier gives written notice to the farmer and thecommissioner of the seed supplier's intent to enter the realproperty. The notice must be given not later than five (5)business days before the day the seed supplier or the seedsupplier's agent enters the real property. The notice mustinclude the following information:
            (A) The date and time of the entry upon the land.
            (B) The purpose for the entry upon the land.
        (2) The seed supplier must permit the farmer, the commissioner,or the agents of the farmer or the commissioner to accompanythe seed supplier or the seed supplier's agent while samples are

taken.
        (3) The seed supplier must permit the farmer, the commissioner,or the agents of the farmer or the commissioner to takematching samples or receive split samples of any samples takenby the seed supplier.
    (c) The seed supplier must provide reasonable cooperation to thefarmer, the commissioner, or the agents of the farmer or thecommissioner during the course of activities described in subsection(b)(2) and (b)(3).
    (d) If the commissioner or an agent of the commissioneraccompanies the seed supplier on the real property to take samplesunder this section, the seed supplier and the farmer shall each payfifty percent (50%) of the reasonable costs incurred by thecommissioner or the commissioner's agent, as determined by thecommissioner, in connection with the activities.
    (e) In an action on the seed contract between the seed supplier andthe farmer, the prevailing party may recover the costs that theprevailing party paid under subsection (d) in addition to any otherdamages to which the prevailing party is entitled.
    (f) A seed supplier may obtain an order from a court withjurisdiction authorizing the seed supplier or the seed supplier's agentto enter real estate owned or occupied by a farmer and on which seedthat is the subject of a seed contract is growing. If the court issues anorder, the order must require that if any samples are taken, matchingor split samples must be taken by a person who is independent fromthe seed supplier.
    (g) The commissioner may adopt rules under IC 4-22-2 toimplement this section.
As added by P.L.2-2008, SEC.6.

IC 15-15-7-11
Notice of seed contract suit; violations
    Sec. 11. (a) As used in this section, "suit" refers to a suitcommenced against a farmer by a seed supplier to enforce the seedsupplier's rights under, or in connection with, a seed contract.
    (b) If a seed supplier files suit against a farmer, the seed suppliershall provide simultaneous written notice of the suit to the directorof the Indiana state department of agriculture.
    (c) Failure to give notice of the suit to the director of the Indianastate department of agriculture as provided in subsection (b) does notimpair the jurisdiction of the court to hear the suit.
    (d) A seed supplier that fails to give notice to the director of theIndiana state department of agriculture as provided in subsection (b)commits a Class B infraction.
    (e) The director of the Indiana state department of agricultureshall keep a file of all notices of suits received under this section.
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.49.

IC 15-15-7-12
Farmer right of action for violations; damages; attorney's fees    Sec. 12. (a) A farmer has a right of action against a seed supplierif the seed supplier or an agent of the seed supplier enters realproperty owned or occupied by the farmer in violation of section 10of this chapter.
    (b) If a farmer prevails in an action filed under this section, thefarmer is entitled to recover from the seed supplier all the following:
        (1) Any actual damages proven by the farmer resulting from theseed supplier's violation of section 10 of this chapter.
        (2) The farmer's reasonable attorney's fees and other litigationcosts reasonably incurred in connection with the action.
As added by P.L.2-2008, SEC.6.