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 any
representation, other than those on the label, relating to seed covered
by 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 the
seeds of legume, grass, forage, cereal, fiber, or oil crops. The term
includes other kinds of seeds commonly recognized in Indiana as
agricultural 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 to
distinguish 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 to
seed 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 either
of the following:
(1) An agency authorized under the laws of a state, territory, or
possession of the United States to officially certify seed.
(2) An agency of a foreign country determined by the state seed
commissioner to adhere to procedure and standards for seed
certification generally adhered to by certification agencies
described 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 turf
grasses" includes:
(1) Kentucky bluegrass, red fescue, chewings fescue, hard
fescue, 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 to
sell, barter, or supply or transport for sale agricultural or vegetable
seed 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 to
inoculants, means that under laboratory tests at least two (2) nodules
must be produced on or adjacent to the primary root on at least
sixty-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 generation
of a cross made under controlled conditions between strains of
different 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 more
related species or subspecies of plant that singly or collectively are
known by one (1) common name, including corn, oats, alfalfa, and
timothy.
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 or
displays of written, printed, or graphic matter on or attached to a seed
container 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 of
labels or other written, printed, or graphic representations in any
form accompanying or associated with a lot of seed whether in bulk
or 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 pure
or mixed culture of bacteria of the genus Rhizobium capable of
effectively inoculating a specific kind or specific kinds of legume
plants.
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 of
seed identified by a lot number or other mark, every portion or bag
of which is uniform within recognized tolerances for the factors that
appear 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" means
either 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" refers
to 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 written
authorization granted by the seed commissioner and required under
this chapter before a person may distribute agricultural or vegetable
seed 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, a
partnership, 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 seed
to which has been applied before sale an application of a legume
inoculant to effectively nodulate the resultant plant until the
expiration 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 seed
but also spread by underground roots, stems, and other
reproductive parts; and
(2) seeds, which when well established, are highly destructive
and 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 information
relating to the shipment or distribution of a lot of seed. The term
includes 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 cultural
practices.
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" means
authorization issued by the seed commissioner to a person subject to
section 27(c) of this chapter for the use of seeds of plant species for
the 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 has
been 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 the
seed; or
(2) change the appearance, growth pattern, or performance of
the 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 general
physiological and morphological characters common to a number of
varieties, which varieties cannot be differentiated except under
special 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 of
a kind characterized by growth, yield, plant, fruit, seed, or other
characteristics, by which a plant can be differentiated from other
plants 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 the
seeds:
(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 of
all plants commonly recognized as weeds in Indiana. The term
includes 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 virtue
of 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 this
chapter. The state seed commissioner may authorize an agent to act
for the state seed commissioner under this chapter.
(b) The state seed commissioner may do any of the following to
administer this chapter:
(1) Sample, inspect, analyze, and test agricultural and vegetable
seed distributed within Indiana for seeding and sowing
purposes, when, where, and to the extent the state seed
commissioner considers necessary to determine whether the
agricultural or vegetable seed is in compliance with this
chapter.
(2) Notify a seed distributor of any violations of this chapter.
(3) Adopt rules:
(A) governing:
(i) methods of sampling, inspecting, analyzing, testing, and
examining agricultural and vegetable seed; and
(ii) tolerances to be followed in the administration of this
chapter; and
(B) necessary for the efficient enforcement of this chapter.
(4) Adopt rules to establish lists of prohibited and restricted
noxious weeds.
(5) Adopt rules to establish reasonable standards of germination
(as defined by rule adopted under section 28 of this chapter) for
vegetable seed.
(6) Adopt rules to establish standards for the effectiveness of
legume inoculant applied to pre-inoculated seed.
(7) Adopt rules to govern the treatment of seed and the labeling
and distribution of treated seed.
(8) Publish at least one (1) time each year, in the form the seed
commissioner considers proper, information concerning:
(A) the sales of agricultural and vegetable seed; and
(B) the results of the analysis of official samples of
agricultural and vegetable seed sold within Indiana as
compared with the analysis guaranteed on the label.
Information concerning production and use of agricultural and
vegetable 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, or
air, at any time the vehicle is accessible;
to inspect seed and the records relating to the seed, subject to
this chapter and the rules adopted under this chapter.
(10) As used in this subdivision, "stop sale order" refers to a
written order issued by the state seed commissioner to the
owner or custodian of a lot of agricultural or vegetable seed that
the state seed commissioner has found violates this chapter or
rules adopted under this chapter. The state seed commissioner
may issue and enforce stop sale orders. A stop sale order
prohibits the future sale, processing, and movement of the seed
until the state seed commissioner issues a release from the stop
sale order. The owner or custodian of the seed is entitled to
appeal a stop sale order to a court with jurisdiction in the
locality in which the seed is found, as provided in IC 4-21.5,
seeking a judgment as to the justification for the order for the
discharge of the seed from the stop sale order in accordance
with the findings of the court. This subdivision does not limit
the right of the state seed commissioner to proceed as otherwise
authorized by this chapter.
(11) Establish and maintain or make provisions for seed testing
facilities.
(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) for
farmers and dealers on request of a farmer or dealer, prescribe
rules governing such testing, and charge for the tests made.
(15) Cooperate with the United States Department of
Agriculture and other agencies in seed law enforcement.
(16) Enter the property of a producer of hybrid seed to
determine whether the seed produced is as the seed is
represented.
(17) Issue a written special use permit to a person to use a
prohibited noxious weed seed or a restricted noxious weed seed
for purposes of research, development, production, or
education, subject to subsection (c).
(18) Adopt rules under IC 4-22-2 to establish fees that are
necessary for the administration of this chapter, including costs
of inspections, analysis, and publications.
(19) Adopt rules under IC 4-22-2 to establish civil fines for the
following:
(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 the
issuance 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 seed
commissioner shall consider each species of prohibited noxious weed
or restricted noxious weed separately. The seed commissioner may
revoke a special use permit at any time if it appears that the permit
holder is not complying with the conditions established under the
special 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 seed
labeling and testing terms in common usage such as "pure seed" and
"germination".
(b) A rule adopted by the state seed commissioner under this
section must be based on published sources such as the rules of the
Association 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, define
controlled conditions and satisfactory purity for the production of
hybrid seed of any kind. A hybrid designation shall be treated as a
variety 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 must
indicate 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 the
following:
(1) Seed or grain not intended for seeding and sowing purposes.
However, treated agricultural seed must be labeled in
accordance with section 32 of this chapter when sold to any
person for any purpose whether the seed is in containers or in
bulk.
(2) Seed in storage or seed that is being transported or
consigned to a seed cleaning or processing establishment for
cleaning or processing if the invoice or labeling accompanying
a shipment of the seed contains the statement "Seed For
Processing". Any labeling or other representation that may be
made with respect to uncleaned or unprocessed seed is subject
to this chapter.
(3) A carrier in respect to seed transported or delivered for
transportation in the ordinary course of its business as a carrier
if the carrier is not engaged in producing, processing, or
distributing agricultural or vegetable seed subject to this
chapter.
(4) Seed that satisfies all the following:
(A) The seed is grown on the property owned by the seller
of the seed.
(B) The seed is sold and delivered to the purchaser on the
property 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 one
percent (0.25%) of restricted noxious weed seed.
(E) The seed contains not more than two and one-half
percent (2.5%) of all weed seed.
If seed is advertised for sale through the medium of the public
press, by circular, by catalog, or by exposing a sample of the
seed or a printed or written statement about the seed in a public
place or place of business, or if the seed is delivered by a
common carrier, (except when transported for the purpose of
being recleaned as provided in this section), the producer is
considered to be a vendor, and the seed must meet all
requirements of this chapter, including complete labeling of the
seed. For cereal and soybean seed where the purpose for which
the seed is intended may be in question, seed advertised for sale
by variety name, as processed, tested, treated, or offered at a
price substantially higher than current market prices, is
presumed to be offered for seeding purposes and subject to the
labeling provisions of this chapter.
(b) A person is not subject to the penalties of this chapter for
distributing agricultural or vegetable seed incorrectly labeled or
represented as to kind, variety, or origin and that cannot be identified
by examination of the seed unless the person fails to:
(1) obtain an invoice, genuine grower's declaration, or other
labeling information; and
(2) take other precautions reasonable to ensure the identity of
the seed as stated.
As added by P.L.2-2008, SEC.6.
IC 15-15-1-32
Agricultural seeds; information for purchaser; label; bulk
purchase
Sec. 32. (a) A container of agricultural seed of any size consisting
of more than one (1) pound distributed in Indiana for sowing and
seeding purposes must contain or have attached in a conspicuous
place on the outside of the container a plainly written or printed tag
or label in English giving the information required by this section. If
the seed is distributed in bulk, the information required by this
section must accompany delivery and be supplied to the purchaser at
the time of delivery.
(b) The labeling required for seed sold in bags and packages, and
in bulk as required by this section, must include the following
statements on the labeling attached to the container:
(1) The commonly accepted name of each kind and variety of
each agricultural seed component that exceeds five percent
(5%) of the whole and the percentage by weight of each in the
order of its predominance. However, the variety designation
may be omitted if the label states the name of the kind and the
words "variety not stated". If more than one (1) component is
required to be named, the word "mixture" or the word "mixed"
must be shown conspicuously on the label. A mixture consisting
of two (2) or more varieties of the same kind may be designated
as a "blend".
(2) Lot number or other lot identification.
(3) Origin (state or foreign country where grown) for all seed
except hybrid corn. If the origin is unknown, that fact must be
stated.
(4) The percentage of all weed seed.
(5) The name and rate of occurrence per pound of each kind of
restricted 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 rule
adopted 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 to
determine the percentages.
(9) The name and address of the person who labeled the seed or
who distributed it within Indiana.
(10) For all seed named and treated (for which a separate label
may be used):
(A) a word or statement indicating that the seed has been
treated;
(B) the commonly accepted coined chemical or abbreviated
chemical (generic) name of any applied pesticide;
(C) a description of the process or the commonly accepted
name of the substance applied if other than a pesticide; and
(D) if the substance in the amount present with the seed is
harmful to human or other vertebrate animals, a caution
statement such as "Do Not Use For Food Or Feed Or Oil
Purposes". A poison statement or symbol must be used as
the caution for mercurials and similarly toxic substances.
(11) For pre-inoculated seed, in addition to other labeling
requirements of this section (for which a separate label may be
used):
(A) a word or statement indicating that the seed has been
pre-inoculated; and
(B) the date beyond which the inoculant is not to be
considered effective.
(12) For cool season lawn and turf grasses, the following
statements on the labeling:
(A) For single kinds of grasses, the name of the kind or the
kind and variety.
(B) For grass mixtures:
(i) the word "mix", "mixed", "mixture", or "blend" must be
stated 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 kind
and variety of each agricultural seed component that
exceeds five percent (5%) of the whole, and the
percentage by weight of pure seed in order of its
predominance and in columnar form.
(C) The percentage by weight of agricultural seed other than
those required to be named on the label (which must be
designated as "crop seed").
(D) The percentage by weight of inert matter.
(E) The percentage by weight of all weed seeds. The
maximum weed seed content may not exceed two and
five-tenths percent (2.5%) by weight.
(F) The name and rate of occurrence per pound of each kind
of restricted noxious weed seed present and listed under the
heading "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 completed
to determine the required percentages. The oldest test date
must be used.
(iv) The statement "Sell by (month/year)". The date may
not exceed fifteen (15) months from the date that must be
stated on the labeling under item (iii), exclusive of the
month 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 modified
or denied.
(d) The total of the percentages that are stated on the labeling
under subsection (b)(1), (b)(4), (b)(6), and (b)(7) must equal one
hundred 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 in
home gardens or household plantings or vegetable seeds in
preplanted containers, mats, tapes, or other planting devices in
containers that do not exceed one (1) pound, the labeling must
include the following information:
(1) The name of the kind and variety of seed.
(2) The name and address of the person who labeled or who
distributed the seed.
(3) For seed that germinates less than the standard most recently
established under this chapter:
(A) the percentage of germination (as defined by rule
adopted under section 28 of this chapter), exclusive of hard
seed;
(B) the percentage of hard seed, if present;
(C) the calendar month and year the test was completed to
determine the percentages; and
(D) the words "Below Standard" in not less than 8 point
type.
(4) For seed that has been treated, the same labeling information
required for agricultural seeds.
(5) The number of noxious weed seeds per pound of vegetable
seed, 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 was
completed and the statement "Sell by (month/year)". The
date may not exceed twelve (12) months from the date of the
test, 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 year
and include the statement "Sell by (month/year)". The date
may 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 month
and year the test was completed to determine the
percentages. However, the germination test must have been
completed within the previous twelve (12) months, exclusive
of 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 five
percent (5%) and the percentage by weight of each in order of
its 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 to
determine the percentages. The date may not be later than
twelve (12) months after the date of the test, exclusive of the
month of the test.
(c) For seeds placed in a germination medium, mat, tape, or
another device and in a way to make it difficult to determine the
quantity of seed without removing the seed from the medium, mat,
tape, or other device, the labeling must include a statement to
indicate 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 not
more than one (1) pound shall pay not later than January 15 of each
year an annual fee of forty-five dollars ($45) for each brand of seed
distributed. Payment of an annual fee is not required of retailers who
furnish quantities of not more than one (1) pound from a properly
labeled container of seed on which the inspection fee has been paid.
(b) A person who distributes agricultural or vegetable seed in
Indiana may apply to the state seed commissioner for a permit to use
the person's own labeling, report the quantity of seed sold, and pay
the inspection fee on the basis of the report.
(c) In making application for a permit under subsection (b), the
distributor must agree to the following:
(1) Label the seed with the information required by law.
(2) Keep the records the state seed commissioner considers
necessary to indicate accurately the number and size of
containers 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 seed
commissioner's authorized representative permission to examine
the records described in subdivision (2) and verify the statement
of quantity of seed distributed.
(4) Report under oath to the state seed commissioner on forms
furnished by the state seed commissioner the quantity of
agricultural and vegetable seed sold during the period covered.
(d) The state seed commissioner may grant a permit under
subsection (b) if the state seed commissioner determines that the
applicant's proposed report of the quality of agricultural and
vegetable seed sold will lead to efficient enforcement of this chapter.
The state seed commissioner may revoke the permit at any time if it
appears to the state seed commissioner that the distributor is not
complying with the agreement described in subsection (c) or this
chapter. If:
(1) the report is not filed and the inspection fee not paid before
ten (10) days following the due date;
(2) the report of volume is false; or
(3) the labeling requirements of this chapter have not been
complied with;
the state seed commissioner may revoke the permit. If the inspection
fee is unpaid after the ten (10) day grace period, a penalty shall be
assessed in the amount of ten percent (10%) in addition to the
amount due.
(e) The report of quantity sold required under subsection (c)(4) is
due, and the inspection fees required under this chapter are payable,
semiannually on the last day of the month following the end of the
semiannual period. The first half reporting period ends June 30 and
the 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 fees
collected under this chapter to the treasurer of Purdue University.
(b) The board of trustees of Purdue University shall expend the
fees 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 agricultural
programs authorized by law and for implementing this chapter.
(c) The dean of agriculture of Purdue University shall make a
financial report to the governor in such form as the state board of
accounts requires, showing the total receipts and expenditures of all
fees received under this chapter.
(d) Excess funds from the collection of fees under this chapter are
subject 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 as
distributing agricultural or vegetable seed subject to this chapter shall
do the following:
(1) Keep for two (2) years complete records of each lot of
agricultural or vegetable seed distributed.
(2) Keep for one (1) year a file sample of each lot of seed that
is distributed after final disposition of the lot.
(b) All records and samples relating to the shipments involved
must be accessible for inspection by the state seed commissioner or
the 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 selling
agricultural or vegetable seed who enters into a contract with the
purchaser under which the seller agrees to repurchase the seed crop
produced by the purchaser at a price greater than the current market
price of the seed at the time of delivery shall secure an annual license
from the state seed commissioner to engage in that business.
(b) To secure a license required by this section, a person must
apply for the license to the state seed commissioner. The application
must be accompanied by the following:
(1) A bond with corporate surety, approved by the seed
commissioner, in the penal sum of ten thousand dollars
($10,000), payable to the state, for the use and benefit of any
purchaser of seed who may have a cause of action against a
seller who fails to comply with the terms of the purchase
contract.
(2) A fee of one dollar ($1) for each place of business from
which agricultural or vegetable seed is distributed by the
licensee.
An applicant for a license may request the state seed commissioner
to accept a verified financial statement of the applicant's assets
instead 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 any
damage that may arise out of a breach of a purchase contract, the
state seed commissioner may accept the statement instead of a bond.
(c) A license issued under this section expires at the end of the
calendar year in which it is issued.
(d) The state seed commissioner may suspend, revoke, or refuse
to issue a license under this section to any person who fails to
comply with this chapter. If a hearing is waived by nonappearance of
the person at the date, time, and place designated for the hearing, the
state seed commissioner may proceed to act under this section and
suspend, revoke, or refuse to issue a license. The failure to fulfill a
contract to deliver seed sold, or the failure to repurchase the seed
crop produced from any agricultural or vegetable seed sold, is prima
facie evidence of intent to defraud the purchaser if the crop produced
by the purchaser meets the requirements prescribed in the contract of
sale. Whenever the state seed commissioner has evidence that a
licensee has committed fraud on any purchaser, the state seed
commissioner shall immediately start proceedings to suspend or
revoke the license issued to the licensee.
(e) A person who recklessly, knowingly, or intentionally:
(1) enters into a contract with a producer of agricultural or
vegetable seed, under which the person sells seed and agrees to
repurchase the seed crop produced from that seed at a price
greater 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 the
seizure of any lot of agricultural or vegetable seed that violates this
chapter.
(b) An action filed under this section must be filed in a court with
jurisdiction in the locality in which the seed is located.
(c) If the court finds the seed to be in violation of this chapter and
orders the condemnation of the seed, the seed shall be denatured,
processed, destroyed, relabeled, or disposed of in compliance with
Indiana law. The court may not order the disposition of the seed
unless the claimant is given an opportunity to apply to the court for
release of the seed or permission to process or relabel the seed to
bring 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 the
court may grant, a temporary or permanent injunction to restrain a
person from violating or continuing to violate this chapter, or a rule
adopted under this chapter, notwithstanding the existence of other
remedies at law.
(b) The court may not require a bond as a condition of granting an
injunction 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 seed
within Indiana if any of the following apply:
(1) If the test to determine the percentage of germination (as
defined by rule adopted under section 28 of this chapter)
required by sections 32 and 33 of this chapter has not been
completed within a nine (9) month period, not including the
calendar month in which the test was completed immediately
before distribution. However, the state seed commissioner may
by rule designate:
(A) a shorter period for a kind of agricultural or vegetable
seed that the state seed commissioner finds under ordinary
conditions of handling will not maintain, during a nine (9)
month period, a germination within the established tolerance
limits; or
(B) a longer period for a kind of agricultural or vegetable
seed that is packaged in such container materials and under
such conditions prescribed by the state seed commissioner
that the state seed commissioner finds will, during the longer
period, maintain the viability of the seed under ordinary
conditions 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 any
particular.
(4) If the seed contains or consists of prohibited noxious weed
seed.
(5) If the seed consists of or contains restricted noxious weed
seed in excess of one-fourth of one percent (0.25%). If less than
one-fourth of one percent (0.25%) of weed seed by weight is
present, 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", "registered
seed", or "foundation seed", the seed has not been produced and
labeled in accordance with the procedures and in compliance
with rules of an official or officially recognized seed
certification or registration agency.
(8) If the inoculant applied to pre-inoculated seed is ineffective
as 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 in
this chapter or the rules adopted under this chapter.
(2) Alter or substitute seed in a manner that may defeat the
purpose of this chapter.
(3) Disseminate false or misleading advertisements concerning
agricultural or vegetable seed.
(4) Hinder or obstruct in any way an authorized person in the
performance 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 this
chapter; or
(B) "type" in any labeling in connection with the name of
any 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 person
for any purpose unless the grain or seed is clearly labeled as
required in sections 32 and 33 of this chapter.
(9) Distribute seed colored so that it does not contrast with the
natural color of the seed.
(10) Distribute noxious weed seed without a special use permit
issued by the seed commissioner under section 27(b)(17) of this
chapter.
(11) Assign the same brand designation to more than one (1)
variety or blend of the same kind of seed, if not sold by variety
name.
(12) Use relabeling stickers unless the relabeling stickers state:
(A) both the calendar month and year the germination test
was completed and the sell-by date, as required under
sections 32 and 33 of this chapter; and
(B) the lot number that matches the existing original lot
number.
(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 person
who 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 political
subdivision (as defined in IC 36-1-2-13) may not regulate the
advertising, labeling, distribution, sale, transportation, storage, or use
of seed.
(b) A political subdivision may, by resolution, petition the state
seed commissioner for a hearing to allow a waiver to adopt an
ordinance because of special circumstances relating to the
advertising, labeling, distribution, sale, transportation, storage, or use
of seed. If a petition is received, the state seed commissioner shall
hold a public hearing to consider granting the waiver requested. The
public hearing must be conducted in an informal manner. IC 4-21.5
does not apply to a public hearing under this section.
(c) If the state seed commissioner, after a public hearing under
subsection (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 extent
allowed by the waiver.
As added by P.L.2-2008, SEC.6.