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, a
firm, 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; registration
certificate; permit; grounds for refusal or cancellation of permit
Sec. 3. (a) Before pure or mixed cultures of microorganisms or
materials used for promoting plant growth are sold or offered for sale
in Indiana, the manufacturer, dealer, importer, agent, or person that
causes the materials to be sold, offered for sale, or provided by
sample shall:
(1) file with the state chemist a:
(A) statement of desire to offer for sale in Indiana the
materials; 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 is
to be used;
(v) composition of the substance; and
(vi) kinds of microorganisms contained in the product that
promote 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 in
subsection (a); or
(2) cancel a permit issued under subsection (a);
if the state chemist is satisfied that a culture of microorganisms or
another material used for promoting the growth of plants is sold
under 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, displays
for sale, or provides by sample, a pure or mixed culture of
microorganisms or materials used for promoting plant growth shall
affix or cause to be affixed, in a conspicuous place on the outside of
every package or sample of the material, a label on which is plainly
printed 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 be
used;
(5) composition of the substance; and
(6) kinds of microorganisms contained in the product that
promote 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, a
sample, or a quantity of a pure or mixed culture of
microorganisms or materials used for promoting plant growth
to which the label prescribed by section 4 of this chapter is not
affixed;
(2) labels a substance described in subdivision (1) with a false
or 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 research
programs; or
(3) a person deputized by the state chemist;
from making experiments with pure or mixed cultures of
microorganisms or materials used for promoting plant growth for the
advancement 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 the
sum of twenty-five dollars ($25):
(1) at the time of registering a pure or mixed culture of
microorganisms or materials described in section 3 of this
chapter for each material or culture registered; and
(2) not later than the fifteenth day of January of each
succeeding year until the pure or mixed cultures of
microorganisms or material is no longer sold, distributed,
offered, or displayed for sale in Indiana.
(b) Money received under subsection (a) must be forwarded to the
treasurer of Purdue University, who shall expend the money on
vouchers to be filed with the auditor of state to pay all necessary
expenses 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 agricultural
programs, as authorized by law and in support of the purposes of this
chapter.
(c) The dean of agriculture of Purdue University shall submit to
the governor an annual classified report 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 15-15-2-7
Taking samples
Sec. 7. (a) The state chemist or a person deputized by the state
chemist may procure a suitable sample from any lot, parcel, or
package of pure or mixed cultures of microorganisms or materials
used for promoting plant growth that is offered for sale or found in
Indiana.
(b) A sample procured under subsection (a) must be drawn or
taken during reasonable business hours and in the presence of the
owner 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 person
deputized by the state chemist from inspecting and obtaining samples
of pure or mixed cultures of microorganisms or materials as provided
in 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 this
chapter;
(2) refuse to issue a permit; or
(3) refuse to register or cancel the registration of any product
used for promoting plant growth or any pure or mixed cultures
of microorganisms or materials used for promoting plant growth
if the state chemist believes the product, cultures, or materials:
(A) are registered under a name that would be misleading as
to 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.