reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-18. Terms

Sec. 18. (a) The term of office of an elected or appointed council member is three (3) years. A member's term of office expires at the end of the final marketing year in the term. However, a member continues in office until a successor who meets the qualifications set forth in section 17(b) of this chapter is elected.
(b) An elected or appointed council member may not hold office for more than three (3) consecutive full terms.
[Pre-2008 Recodification Citation: 15-4-10-13.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-19. Vacancies

Sec. 19. (a) If a member of the council elected or appointed under section 21(a), 21(b), 21(c), or 21(d) of this chapter ceases to meet one (1) or more of the qualifications set forth in section 17(b) of this chapter, the member's term of office terminates and the member's office becomes vacant.
(b) Whenever an elected council member's office becomes vacant before the expiration of the member's term of office, the council shall fill the vacancy by appointing a replacement member who meets the qualifications set forth in section 17(b) of this chapter. The appointee shall serve for the remainder of the unexpired term.
(c) Whenever the office of a member appointed under section 21(e), 21(f), 21(g), or 21(h) of this chapter becomes vacant, the appointing authority who appointed the member shall fill the vacancy. An appointee under this subsection shall serve for the remainder of the unexpired term.
[Pre-2008 Recodification Citation: 15-4-10-14.]
As added by P.L.2-2008, SEC.6. Amended by P.L.98-2012, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-20. Appointment of Nonvoting Council Members

Sec. 20. (a) When necessary, the council may appoint individuals who hold offices of importance to the corn industry or have special expertise concerning that industry to participate in the work of the council. These individuals may not participate in votes taken by the council but are eligible for reimbursement for traveling expenses.
(b) A person appointed under this section serves a term of three (3) years.
(c) A person appointed under this section may not serve for more than three (3) consecutive full terms.
[Pre-2008 Recodification Citation: 15-4-10-15.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-21. Election Districts; Qualifications; Appointments; Ex Officio Members

Sec. 21. (a) One (1) council member shall be elected from each of the following districts:
DISTRICT 1. The counties of Lake, Newton, Jasper, Benton, Porter, LaPorte, Starke, White, and Pulaski.
DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall, Kosciusko, Fulton, Carroll, Cass, Miami, and Wabash.
DISTRICT 3. The counties of LaGrange, Steuben, Noble, DeKalb, Whitley, Allen, Huntington, Wells, and Adams.
DISTRICT 4. The counties of Montgomery, Fountain, Warren, Tippecanoe, Vermillion, Parke, Putnam, Vigo, Clay, and Owen.
DISTRICT 5. The counties of Clinton, Boone, Tipton, Howard, Grant, Hamilton, Madison, Hendricks, Marion, Hancock, Morgan, Johnson, Shelby, Rush, Bartholomew, and Decatur.
DISTRICT 6. The counties of Blackford, Jay, Delaware, Henry, Randolph, Wayne, Fayette, and Union.
DISTRICT 7. The counties of Sullivan, Greene, Knox, Daviess, Martin, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, and Spencer.
DISTRICT 8. The counties of Monroe, Brown, Lawrence, Jackson, Orange, Washington, Perry, Crawford, Harrison, and Floyd.
DISTRICT 9. The counties of Franklin, Jennings, Jefferson, Ripley, Dearborn, Ohio, Clark, Switzerland, and Scott.
(b) Six (6) council members shall be elected to represent all counties in Indiana.
(c) The dean of agriculture shall appoint one (1) representative of the largest general farm organization in Indiana to serve as a member of the council.
(d) The dean of agriculture shall appoint one (1) representative of the second largest general farm organization in Indiana to serve as a member of the council.
(e) The director shall appoint two (2) representatives of first purchaser organizations to serve as nonvoting members of the council.
(f) Four (4) members serve on the council, to be appointed as nonvoting members as follows:
(1) One (1) member appointed by the president pro tempore of the senate.
(2) One (1) member appointed by the minority leader of the senate.
(3) One (1) member appointed by the speaker of the house of representatives.
(4) One (1) member appointed by the minority leader of the house of representatives.
The members appointed under this subsection are ex officio members of the council. The members of the senate must be of different political parties. The members of the house of representatives must be of different political parties. Notwithstanding any other law, the members appointed under this section are entitled to receive the per diem of members of the general assembly for time spent in attendance at the meetings of the council. Per diem of these members shall be paid by the council upon approval of the director.
(g) The dean of agriculture or the dean's designee shall serve as an ex officio, nonvoting member of the council.
(h) The secretary of agriculture or the secretary's designee shall serve as an ex officio, nonvoting member of the council.
[Pre-2008 Recodification Citation: 15-4-10-16.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-22. Date of Election; Notice

Sec. 22. An election of a council member shall be held in a district in the year in which the term of the district's council member is to expire. Between January 1 and March 15 of that year, the council shall notify the producers of the district of the impending election by publishing one (1) notice in a statewide agricultural publication and by making information available to the news media in the district.
[Pre-2008 Recodification Citation: 15-4-10-17.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-23. Ballots; Petitions; Forms

Sec. 23. (a) The ballot for the election of a district council member must include the name of each producer who:
(1) meets the qualifications set forth in section 17(b) of this chapter; and
(2) files with the council, not later than June 30 of the year of the election, a petition in support of candidacy signed by ten (10) other producers who reside in the district.
(b) The council shall provide petition forms upon request and shall make forms available:
(1) at cooperative extension service offices located in the district; and
(2) via the council's Internet web site.
(c) The council shall allow a producer to request a ballot through the council's Internet web site.
(d) A name other than the names of the producers who have qualified under this section may not be printed on the ballot by the council. All names on the ballot must be listed in alphabetical order based on the producer's surname.
(e) The council shall require each producer who submits a ballot to provide a separate attestation that the person is an eligible producer.
[Pre-2008 Recodification Citation: 15-4-10-18.]
As added by P.L.2-2008, SEC.6. Amended by P.L.98-2012, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-24. Absentee Ballots

Sec. 24. (a) For purposes of the election of a district council member, the council shall provide an absentee ballot to every producer who:
(1) resides outside Indiana or expects to be absent from the district in which the producer resides on the day of the election; and
(2) requests an absentee ballot from the council at least five (5) days but not more than thirty (30) days before the election.
(b) A producer's absentee ballot is not valid unless the council receives the ballot from the producer at least two (2) days before the election.
[Pre-2008 Recodification Citation: 15-4-10-19.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-25. Election Judges; Teller Committee; Traveling Expenses

Sec. 25. (a) The director shall appoint election judges for the election of council members. The director shall also appoint a teller committee to count absentee ballots and to canvass and certify results of elections of council members.
(b) Each election judge or teller committee member appointed under this section is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with official duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency, but is not entitled to any salary or per diem.
[Pre-2008 Recodification Citation: 15-4-10-20.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-26. Election; Date and Location

Sec. 26. The election of a district council member must be conducted by the council in August at voting places located in the district. The winner of an election takes office on the following October 1.
[Pre-2008 Recodification Citation: 15-4-10-21.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-27. Council's Duties

Sec. 27. (a) The council shall do the following:
(1) Elect a president, vice president, secretary, treasurer, and other officers the council considers necessary.
(2) Employ personnel and contract for services that are necessary for the proper implementation of this chapter.
(3) Bond the treasurer and such other persons as necessary to ensure adequate protection of funds received and administered by the council.
(4) Authorize the expenditure of funds and the contracting of expenditures to conduct proper activities under this chapter.
(5) Annually establish priorities and prepare and approve a budget consistent with the estimated resources of the council and the scope of this chapter.
(6) Annually publish an activities report and audit and present the report and audit to the director, the dean of agriculture, and the legislative council. The report and audit must be:
(A) sent to the legislative council in an electronic format under IC 5-14-6; and
(B) available on the council's Internet web site.
(7) Procure and evaluate data and information necessary for the proper implementation of this chapter.
(8) Formulate and execute assessment procedures and methods of collection.
(9) Receive and investigate, or cause to be investigated, complaints and violations of this chapter and take necessary action within the council's authority.
(10) Adopt bylaws and operating procedures governing operations of the council.
(11) Keep accurate accounts of all receipts and disbursements of funds handled by the council and have the receipts and disbursements audited annually by a certified public accountant.
(12) Establish and maintain an Internet web site.
(13) Take any other action necessary for the proper implementation of this chapter.
(b) A majority of the voting members of the council constitutes a quorum. The affirmative votes of at least a majority of the quorum, and at least nine (9) affirmative votes, are required for the council to take action.
[Pre-2008 Recodification Citation: 15-4-10-22.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-28. Council Meetings

Sec. 28. (a) The council shall meet at least three (3) times in each marketing year at the call of the president or at the request of two-thirds (2/3) of the members of the council.
(b) The council shall comply with the requirements under IC 5-14-1.5 (open door law).
[Pre-2008 Recodification Citation: 15-4-10-23.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-29. Payment of Expenses; Investments; Market Development

Sec. 29. (a) The council shall pay all expenses incurred under this chapter with money from the assessments remitted to the council under this chapter.
(b) The council may invest all money the council receives under this chapter, including gifts or grants that are given for the express purpose of implementing this chapter, in the same way allowed by law for public funds.
(c) The council may expend money from assessments and from investment income not needed for expenses for market development, promotion, and research.
(d) The council may not use money received, collected, or accrued under this chapter for any purpose other than the purposes authorized by this chapter. The amount of money expended on administering this chapter in the council's fiscal year may not exceed ten percent (10%) of the average amount of assessments, grants, and gifts received by the council as calculated under subsection (e).
(e) The council shall determine the amount that it may expend to administer this chapter, using the following formula:
STEP ONE: Determine the amount of assessments, grants, and gifts received by the council in each of the preceding five (5) fiscal years beginning with the immediately preceding fiscal year.
STEP TWO: Determine the average annual amount of assessments, grants, and gifts received by the council in each fiscal year using three (3) of the five (5) fiscal years described in STEP ONE after excluding the two (2) years in which the amount of assessments, grants, and gifts received by the council were the highest and lowest totals.
STEP THREE: Divide the amount in STEP TWO by ten (10).
The amount in STEP THREE is the maximum amount that the council may expend on administering this chapter for the current fiscal year.
(f) The cost of processing refunds and applying for grants is not an administrative expense under this section.
[Pre-2008 Recodification Citation: 15-4-10-24.]
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.4; P.L.98-2012, SEC.8.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-30. Repealed

[Pre-2008 Recodification Citation: 15-4-10-24.5.]
As added P.L.2-2008, SEC.6. Repealed by P.L.148-2009, SEC.12.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-31. Liability for Debts and Actions of the Council

Sec. 31. (a) Obligations incurred by the council and other liabilities and claims against the council may be enforced only against the assets of the council in the same manner as if the council were a corporation. Liabilities for the debts or actions of the council may not arise against:
(1) the state;
(2) a political subdivision (as defined in IC 34-6-2-110); or
(3) a member, an officer, an employee, or an agent of the council in an individual capacity.
(b) The members and employees of the council may not be held responsible individually in any way to any person for errors in judgment, mistakes, or other acts either of commission or omission, as principal, agent, or employee, except for their own individual acts that result in the violation of any law.
(c) An employee of the council may not be held responsible individually for the act or omission of any member of the council.
(d) Any liability of the members of the council is several and not joint. A member of the council may not be held liable for the default of any other member.
[Pre-2008 Recodification Citation: 15-4-10-25.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-32. Assessments; Collection; Handling Fee

Sec. 32. (a) An assessment of one-half cent ($0.005) per bushel must be collected on all corn sold in Indiana. The assessment may be imposed and collected on a quantity of corn only once and must be collected by the first purchaser. A buyer of corn who purchases more than one hundred thousand (100,000) bushels annually for the buyer's own use as seed or feed is responsible only for collecting checkoff assessments on corn purchases made after the buyer exceeds the one hundred thousand (100,000) bushel threshold and becomes a first purchaser. The rate of the assessment imposed by this section may be changed only by the general assembly.
(b) The first purchaser of a quantity of corn shall deduct the assessment on the corn from the money to be paid to the producer based on the sale of the corn. A first purchaser shall accumulate assessments collected under this subsection throughout each of the following periods:
(1) January, February, and March.
(2) April, May, and June.
(3) July, August, and September.
(4) October, November, and December.
(c) At the end of each period, the first purchaser shall remit to the council all assessments collected during the period. A first purchaser who remits all assessments collected during a period within thirty (30) days after the end of the period is entitled to retain three percent (3%) of the total of the assessments as a handling fee.
(d) The assessment on the sale of the corn must occur when the payment for the corn is received by the producer.
(e) A first purchaser who is not subject to the assessment under this section shall sign and date an exemption form. The council shall prepare the exemption form.
[Pre-2008 Recodification Citation: 15-4-10-26.]
As added by P.L.2-2008, SEC.6. Amended by P.L.98-2012, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-33. Refunds to Producers; Application; Proof of Deduction of Assessment From Corn Sale Price; Deadline for Payment of Refund

Sec. 33. (a) If a producer has sold corn and the state assessment was deducted from the sale price of the corn, the producer may secure a refund equal to the amount deducted upon filing a written application.
(b) A producer's application for a refund under this section must be made to the council not more than one hundred eighty (180) days after the state assessment is deducted from the sale price of the producer's corn.
(c) The council shall provide application forms to a first purchaser for purposes of this section upon request and make application forms available on the council's Internet web site. A first purchaser shall make application forms available in plain view at the first purchaser's place of business.
(d) Proof that an assessment has been deducted from the sale price of a producer's corn must be attached to each application for a refund submitted under this section by a producer. The proof that an assessment was deducted may be in the form of a duplicate or an original copy of the purchase invoice or settlement sheet from the first purchaser. The refund form and proof of assessment may be mailed or faxed to the council. The refund form must clearly state how to request a refund, the address where the form may be mailed, and the fax number where the form may be faxed.
(e) If a refund is due under this section, the council shall remit the refund to the producer as follows:
(1) For:
(A) refunds of more than twenty-five dollars ($25); or
(B) multiple refunds that total more than twenty-five dollars ($25);
not later than thirty (30) days after the date the producer's completed application and proof of assessment are received.
(2) For refunds of twenty-five dollars ($25) or less:
(A) on March 31 if the producer's completed application and proof of assessment are received before March 1; or
(B) on September 30 if the producer's completed application and proof of assessment are received on or after March 1 and before September 1.
[Pre-2008 Recodification Citation: 15-4-10-26.5.]
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.7; P.L.98-2012, SEC.12.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-34. Information to Be Included in Checkoff Refund Form

Sec. 34. The checkoff refund form must:
(1) contain the address and fax number of the location to which the assessment refund form may be sent;
(2) contain information concerning procedures to claim an assessment refund; and
(3) contain any other information determined necessary by the council.
[Pre-2008 Recodification Citation: 15-4-10-34.]
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.8.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-35. Maintaining Records and Supplying Information by First Purchaser; Audit by Council; Qualifications of Auditor

Sec. 35. (a) A first purchaser shall keep detailed records of all assessments collected and remitted under this chapter for at least three (3) years.
(b) Upon request, a first purchaser shall supply the council with any information from records kept under subsection (a).
(c) The council may periodically audit a first purchaser's checkoff assessment and remittance records kept under subsection (a). An audit must be conducted by:
(1) a qualified public accountant of the council's choosing; or
(2) an auditor who is familiar with the:
(A) storage;
(B) conditioning;
(C) shipping; and
(D) handling;
of agricultural commodities.
The costs of the audit shall be paid by the council.
[Pre-2008 Recodification Citation: 15-4-10-27.]
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-36. Failure to Remit Assessments; Hearing; Civil Action; Penalty

Sec. 36. (a) If a first purchaser fails to remit the assessments collected during a period specified in section 32 of this chapter within thirty (30) days after the end of the period, the council shall contact the first purchaser and allow the first purchaser to present comments to the council concerning:
(1) the status and amount of the assessments due; and
(2) reasons why the council should not bring legal action against the first purchaser.
(b) After allowing a first purchaser the opportunity to present comments, the council:
(1) may adjust the amount of the assessments due, if the first purchaser's comments reveal that the council's figure is inaccurate;
(2) may assess a penalty against the first purchaser;
(3) shall:
(A) assess a fee for an unpaid assessment due the council, from a person responsible for remitting assessments, at the rate of two percent (2%) of the amount of the unpaid assessment each month, beginning with the day following the date the assessment is due under this subsection; and
(B) if there is any remaining amount due after the assessment of the fee under clause (A), assess a fee at the same rate on the corresponding day of each month thereafter until the entire amount of the unpaid assessment is paid;
(4) shall compute the amounts payable on unpaid assessments under this section monthly and include any unpaid late charges previously applied under this section; and
(5) shall determine the date of a payment for purposes of this subsection by the postmark applied to the remitting envelope.
(c) If a first purchaser fails to remit assessments after being allowed to present comments under subsection (a) or to pay any penalty assessed under subsection (b), the council may bring a civil action against the first purchaser in a circuit, superior, or municipal court of any county. The action shall be tried and a judgment rendered as in any other proceeding for the collection of a debt. In an action under this subsection, the council may obtain:
(1) a judgment in the amount of all unremitted assessments and any unpaid penalty; and
(2) an award of the costs of bringing the action.
[Pre-2008 Recodification Citation: 15-4-10-30.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-37. Restrictions on Use of Assessment

Sec. 37. (a) Proceeds of the checkoff assessment collected by the council under this chapter may not be used to influence legislation or governmental action or policy.
(b) Proceeds of the assessment collected under this chapter may be used to communicate information related to the:
(1) conduct;
(2) implementation; or
(3) results;
of promotion, research, and market development activities to appropriate government officials.
(c) After January 1, 2009, proceeds of the assessment collected under this chapter may be used for action designed to market corn or corn products directly to a foreign government or a political subdivision of a foreign government. However, not more than five percent (5%) of the annual amount collected may be used under this subsection.
[Pre-2008 Recodification Citation: 15-4-10-32.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-38. Procedures for Termination if Refunds Are Greater Than 25%

Sec. 38. (a) For the marketing year beginning October 1, 2009, if at least twenty-five percent (25%) of the assessment is refunded during the marketing year, the council shall:
(1) cease collecting the assessment on January 1 of the subsequent year;
(2) maintain a sufficient amount of money to pay any refunds requested by producers; and
(3) request that the legislative council have legislation prepared to repeal the corn market law.
(b) If for the marketing year beginning October 1, 2009, less than twenty-five percent (25%) of the assessments are refunded, the council shall review the refunds for each year beginning with the marketing year beginning October 1, 2010. If refunds exceed twenty-five percent (25%) in two (2) consecutive marketing years, the council shall:
(1) cease collecting the assessment on January 1 of the subsequent year;
(2) maintain a sufficient amount of money to pay any refunds requested by producers; and
(3) request that the legislative council have legislation prepared to repeal the corn market law.
(c) The dean of agriculture and the council shall report to the legislative council the amounts collected and refunded. The report to the legislative council must be in an electronic format under IC 5-14-6.
[Pre-2008 Recodification Citation: 15-4-10-33.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-39. Injunctions

Sec. 39. (a) If a person fails to discharge a duty imposed by this chapter other than remitted assessments, the council shall allow the person an opportunity to present comments to the council concerning reasons why the council should not bring legal action against the person. If it is necessary to obtain compliance with this chapter, the council may bring an action against the person in a circuit, superior, or municipal court of any county seeking an injunction mandating compliance and any other appropriate legal remedies.
(b) In an action under this section, the council may be granted injunctive relief without establishing the absence of an adequate remedy at law.
[Pre-2008 Recodification Citation: 15-4-10-31.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-1. Application of Chapter

Sec. 1. (a) Nothing in this chapter authorizes any person to violate any federal law or regulation.
(b) Nothing in this chapter authorizes the state seed commissioner to regulate a hemp product.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-2. "Agricultural Hemp Seed"

Sec. 2. As used in this chapter, "agricultural hemp seed" means Cannabis sativa seed that meets any labeling, quality, and other standards set by the state seed commissioner and that is intended for sale or is sold to, or purchased by, licensed growers for planting.
As added by P.L.165-2014, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-3. "Crop"

Sec. 3. As used in this chapter, "crop" means any hemp grown under a single license.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.3.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-4. "Grower"

Sec. 4. As used in this chapter, "grower" means:
(1) an individual, a partnership, a company, or a corporation that produces hemp for commercial purposes; or
(2) a person, as part of a hemp research program conducted by a state educational institution (as defined by IC 21-7-13-32).
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.4.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-5. "Handler"

Sec. 5. As used in this chapter, "handler" means an individual, a partnership, a company, or a corporation that receives hemp for scientific research, or for processing into commodities, hemp products, or agricultural hemp seed.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.5.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-6. "Hemp"

Sec. 6. As used in this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, for any part of the Cannabis sativa L. plant.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-6.5. "Hemp Product"

Sec. 6.5. As used in this chapter, "hemp product" means a product derived from, or made by, processing hemp plants or plant parts including derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. However, the term does not include:
(1) smokable hemp (as defined by IC 35-48-1-26.6); or
(2) products that contain a total delta-9-tetrahydrocannabinol concentration of more than three-tenths of one percent (0.3%) by weight.
As added by P.L.190-2019, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-7. Hemp Regulations; Rules; Licenses; License Applications

Sec. 7. (a) Subject to section 15 of this chapter, the production of, possession of, scientific study of, and commerce in hemp is authorized in Indiana. Hemp is subject to regulation by the state seed commissioner. The state seed commissioner shall adopt rules to oversee the licensing, production, and management of:
(1) hemp; and
(2) agricultural hemp seed.
(b) All growers and handlers must have a hemp license issued by the state seed commissioner. Growers and handlers engaged in the production of agricultural hemp seed must also have an agricultural hemp seed production license.
(c) An application for a hemp license or agricultural hemp seed production license must include the following:
(1) The name and address of the applicant.
(2) The name and address of the hemp operation of the applicant.
(3) The global positioning system coordinates and legal description of the property used for the hemp operation.
(4) If the hemp license or agricultural hemp seed production license application is made by a grower, the acreage size of the field where the hemp will be grown.
(5) A statement signed by the applicant, under penalty of perjury, that the person applying for the hemp license or agricultural hemp seed production license has not been convicted of a drug related felony or misdemeanor in the previous ten (10) years.
(6) A written consent allowing the state police department to conduct a state or national criminal history background check.
(7) A written consent allowing the state police department, the state seed commissioner, or the state seed commissioner's authorized representative, if a license is issued to the applicant, to conduct aerial inspections and to enter the premises on which the hemp is grown to conduct physical inspections of hemp planted and grown by the applicant, and to ensure the plants meet the definition of hemp as set forth in section 6 of this chapter.
(8) A nonrefundable application fee, which must include the amount necessary to conduct a state or national criminal history background check, in an amount determined by the state seed commissioner.
(9) Any other information required by the state seed commissioner.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.8.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-8. Processing Applications; Criminal History; Issuance of License; Renewal

Sec. 8. (a) Each license application received under this chapter must be processed as follows:
(1) Upon receipt of a license application, the state seed commissioner shall do one (1) of the following:
(A) Forward a copy of the application to the state police department. The state police department shall do the following:
(i) Perform a state or national criminal history background check of the applicant.
(ii) Determine if the requirements under section 7(c)(5) of this chapter concerning prior criminal convictions have been met.
(iii) Return the application to the state seed commissioner along with the state police department's determinations and a copy of the state or national criminal history background check.
(B) Do the following:
(i) Perform a state or national criminal history background check of the applicant under the same standards as the state police department would perform.
(ii) Determine if the requirements under section 7(c)(5) of this chapter concerning prior criminal convictions have been met.
(2) The state seed commissioner shall review the license application and the criminal history background check.
(b) If the state seed commissioner determines that all the requirements under this chapter have been met and that a license should be granted to the applicant, the state seed commissioner shall approve the application for issuance of a license.
(c) A hemp license or agricultural hemp seed production license expires on December 31 of the year for which the license was issued, unless revoked. A hemp license or agricultural hemp seed production license may be renewed in accordance with rules adopted by the state seed commissioner and is nontransferable.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.9; P.L.156-2020, SEC.62.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-9.5. Handler License to Distribute Plant Clones

Sec. 9.5. (a) A person who is a handler licensed under this section may distribute clones and other nonseed propagative materials of a hemp plant using the person's own labeling, if the distributor does the following:
(1) Complies with the requirements of this chapter.
(2) Reports the variety and quantity of each variety of the propagative material of plant sold.
(3) Pays the inspection fee on the basis of the report.
(4) Labels the propagative material with the information required by the state seed commissioner.
(5) Keeps records to accurately determine the named varieties and the number of plants of each variety distributed.
(6) Grants the state seed commissioner or the state seed commissioner's authorized representative access to examine the handler's records and verify the quantity and each variety of propagative material distributed.
(7) Report, under oath, to the state seed commissioner on forms furnished by the state seed commissioner each variety and quantity of propagative material sold during each semiannual period.
(8) Any other information or conditions stated in the application.
(b) The state seed commissioner may revoke a handler's license if the commissioner determines any of the following:
(1) That the licensee has not complied with the requirements under this chapter.
(2) The report required in subsection (a) has not been submitted and is more than ten (10) days late.
(3) The report required in subsection (a) contained false information.
(4) The labeling requirements under this chapter have not been met.
(c) If the inspection fee has not been paid and is more than ten (10) days late, the state seed commissioner shall assess a late fee.
(d) Each year the:
(1) report required under subsection (a)(7); and
(2) inspection fees required under this chapter;
for the period beginning on January 1 and ending on June 30 and for the period beginning on July 1 and ending on December 31 are due not more than thirty (30) days after the end of the semiannual period.
As added by P.L.190-2019, SEC.11.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-10. Fees

Sec. 10. The amount of any fees charged growers and handlers by the state seed commissioner under this chapter must be sufficient to cover the cost of the administration of this chapter, including the cost of conducting audits and testing.
As added by P.L.165-2014, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-11. Transporting Hemp

Sec. 11. Only a hemp licensee, the licensee's designee, or the licensee's agents may be permitted to transport hemp off a production site. When transporting hemp off the production site, the hemp licensee, designee, or agent shall have in the licensee's, designee's, or agent's possession the licensing documents from the state seed commissioner evidencing that the hemp is from certified seed produced by a licensed grower.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.12.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-12. State Seed Commissioner Duties

Sec. 12. The state seed commissioner is responsible for the following:
(1) Monitoring the hemp grown by any license holder.
(2) Conducting random testing of the hemp for compliance with tetrahydrocannabinol (THC) levels. The state seed commissioner may enter into agreements with one (1) or more laboratories selected by the Indiana state police department to perform testing under this subdivision.
(3) Establishing necessary testing criteria and protocols, including a procedure for testing, using post decarboxylation or other similarly reliable methods, for delta-9-tetrahydrocannabinol concentration levels of the hemp produced.
(4) Establishing the minimum number of acres to be planted under each license issued under this chapter.
(5) Regulating any propagative material of a hemp plant.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.13; P.L.156-2020, SEC.63.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-13. Penalties; Revocation

Sec. 13. (a) Subject to section 13.5 of this chapter, in addition to any other liability or penalty provided by law, the state seed commissioner may revoke or refuse to issue or renew a hemp license or an agricultural hemp seed production license and may impose a civil penalty for a violation of:
(1) a license requirement;
(2) license terms or conditions;
(3) a rule relating to growing or handling hemp; or
(4) section 19 of this chapter.
(b) The state seed commissioner may not impose a civil penalty under this section that exceeds two thousand five hundred dollars ($2,500).
(c) The state seed commissioner may revoke or refuse to issue or renew a hemp license or an agricultural hemp seed production license for a violation of any rule of the state seed commissioner that pertains to agricultural operations or activities other than hemp growing or handling.
(d) Any civil penalties collected under this section shall be transferred to the Indiana state department of agriculture and used for hemp marketing and research purposes.
(e) In addition to payment of any civil penalty imposed under this section, a person who commits a violation described in subsection (a) shall reimburse the state seed commissioner for any costs incurred by the state seed commissioner for laboratory testing of material pertaining to the violation.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.14.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-13.5. Negligent Violations; Corrective Actions

Sec. 13.5. (a) Except as provided in subsection (b), the state seed commissioner shall give a person who negligently violates this chapter a reasonable time, determined by the state seed commissioner, to correct the violation without imposing a penalty under section 13 of this chapter. However, the state seed commissioner may require the person who committed the violation to comply with a corrective action plan determined by the state seed commissioner and report to the state seed commissioner on compliance with the corrective action plan.
(b) A person who commits a negligent violation of this chapter three (3) times in a five (5) year period shall immediately be ineligible to produce hemp for five (5) years.
(c) If the state seed commissioner believes that a person has knowingly or intentionally violated this chapter, the state seed commissioner shall notify:
(1) the superintendent of the state police department; and
(2) the prosecuting attorney of the county in which the violation occurred;
of the violation.
(d) A person who commits a negligent violation under this chapter is subject to a late fee as established by rule adopted by the state seed commissioner.
As added by P.L.190-2019, SEC.15. Amended by P.L.156-2020, SEC.64.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-14. Rules

Sec. 14. (a) The state seed commissioner shall adopt rules under IC 4-22-2 to implement and administer this chapter.
(b) The state seed commissioner may adopt emergency rules in the manner provided under IC 4-22-2-37.1 to comply with any federal requirement under the Agriculture Improvement Act of 2018 to implement and administer this chapter.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.16.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-15. Plan Submission

Sec. 15. Before December 31, 2019, the state seed commissioner, after consultation with the governor, the director of the state department of agriculture, and the superintendent of the state police department, shall submit a plan that monitors and regulates the production of hemp to the United States Department of Agriculture. If the United States Department of Agriculture disapproves the plan, the state seed commissioner shall submit an amended plan to the United States Department of Agriculture.
As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.17.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-16. Fees Collected; Expenditures; Financial Report; Excess Funds

Sec. 16. (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 and submit 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.165-2014, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-17. Information to Be Kept by the Seed Commissioner

Sec. 17. (a) The seed commissioner may keep the:
(1) names of growers and handlers who are licensed under this chapter; and
(2) locations of licensed hemp crops;
confidential for purposes of IC 5-14-3.
(b) The seed commissioner may share confidential information under subsection (a) with the state police department, law enforcement officers (as defined in IC 35-31.5-2-185), and federal enforcement officers (as defined in IC 35-31.5-2-129).
As added by P.L.134-2015, SEC.1. Amended by P.L.190-2019, SEC.18.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-18. Receipts

Sec. 18. (a) A person who sells hemp in Indiana must:
(1) be licensed in Indiana and in the jurisdiction where the hemp was grown; and
(2) provide the buyer with a receipt that contains the seller's name, place of business, and license number and quantity of hemp sold.
(b) A person who buys hemp in Indiana must retain the receipt described in subsection (a)(2) for a period of two (2) years.
As added by P.L.190-2019, SEC.19.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-19. Sale of Hemp Buds and Flowers

Sec. 19. (a) Hemp bud (as defined in IC 35-48-1-17.2) and hemp flower (as defined in IC 35-48-1-17.3) may be sold only to a processor licensed under this chapter.
(b) The state seed commissioner may impose a civil penalty under section 13 of this chapter for a violation of subsection (a).
As added by P.L.190-2019, SEC.20.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-20. Violations; Penalties

Sec. 20. (a) A person who knowingly or intentionally violates:
(1) a term, condition, or requirement of a license issued; or
(2) a rule adopted;
under this chapter is subject to a civil penalty, determined by the state seed commissioner, not to exceed ten thousand dollars ($10,000) per violation. The state seed commissioner may also revoke the license of a person who violates this subsection.
(b) A person who knowingly or intentionally:
(1) grows hemp;
(2) handles hemp; or
(3) sells agricultural hemp seed;
not including smokable hemp (as defined by IC 35-48-1-26.6), and is not licensed under this chapter, commits a Class A misdemeanor.
As added by P.L.190-2019, SEC.21.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 13. Industrial Hemp › 15-15-13-21. Ordinances

Sec. 21. A county, city, town, or township may not adopt or enforce an ordinance restricting or regulating:
(1) the growth, production, or processing of hemp; or
(2) any subject regulated by this chapter.
As added by P.L.190-2019, SEC.22.