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, this
chapter applies to a seed contract for seed that is planted in Indiana.
(b) Other applicable Indiana law not in conflict with this chapter
applies 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 this
chapter.
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 a
part of every seed contract.
(b) A seed contract is not required to contain or restate any
provision of this chapter.
(c) A bag or other container used by a seed supplier to deliver
seed to a farmer is not required to bear a label or any other writing
containing or restating any provision of this chapter. A provision
found on a label or any other writing on a seed bag or container
inconsistent with this chapter is not enforceable against a farmer.
(d) The failure of a seed supplier to state any provision of this
chapter in a seed contract, on a label, or in any other writing on a
seed 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 chapter
is 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 a
provision 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 the
laws 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 a
jurisdiction other than Indiana to govern the contract, the choice is
not 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 to
choose a forum that would not otherwise have jurisdiction over a
farmer.
(b) The forum selection provision of a seed contract must be
printed conspicuously in immediate proximity to the space reserved
for the signature of the farmer. For purposes of this subsection, a
forum selection provision is printed conspicuously if any of the
following apply:
(1) The provision is printed in capital letters, and other text is
printed in capital and lower case letters.
(2) The provision is printed in a larger, bold, or other typeface
different from other text.
(3) The provision is printed in a color that contrasts with other
text.
(4) The provision is underlined.
(5) The provision is printed in any other way that highlights the
provision in relation to the other text of the contract.
(c) A forum selection provision that violates this section is not
enforceable.
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 engaged
with the farmer in the farming enterprise for which the seed
was 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 possessed
by the farmer or found on real property owned or occupied by
the farmer; and
(2) the presence of the product is de minimus or not intended by
the farmer;
the farmer is not liable for breach of the seed contract.
As added by P.L.2-2008, SEC.6.