reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-3(u) part.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-8.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-5.]
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 15-15-1-34. Fees; Permits; Reporting

Sec. 34. (a) 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.
(b) In making application for a permit under subsection (a), 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.
(c) The state seed commissioner may grant a permit under subsection (a) 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 (b) 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.
(d) The report of quantity sold required under subsection (b)(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.
[Pre-2008 Recodification Citations: subsections (a), (b), (c), (d), (e), (f) formerly 15-4-1-13(a); subsection (g) formerly 15-4-1-13(b); subsections (h), (i), (j) formerly 15-4-1-13(c).]
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.8; P.L.10-2022, SEC.2; P.L.33-2022, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-13(d).]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-7.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 15-15-1-37. Repealed

[Pre-2008 Recodification Citation: 15-4-1-14.]
As added by P.L.2-2008, SEC.6. Repealed by P.L.60-2015, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-10.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-11.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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 twelve (12) 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 twelve (12) 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.
[Pre-2008 Recodification Citation: 15-4-1-6(a).]
As added by P.L.2-2008, SEC.6. Amended by P.L.17-2014, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-6(b).]
As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-12.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 1. Indiana Seed Law › 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.
[Pre-2008 Recodification Citation: 15-4-1-16.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 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.
[Pre-2008 Recodification Citation: 15-4-4-9.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 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.
[Pre-2008 Recodification Citation: 15-4-4-10.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 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.
[Pre-2008 Recodification Citation: 15-4-4-1.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 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.
[Pre-2008 Recodification Citation: 15-4-4-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 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.
[Pre-2008 Recodification Citation: 15-4-4-3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 15-15-2-6. Fees; Disposition

Sec. 6. (a) The state chemist shall charge, collect, and receive a minimum fee 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.
[Pre-2008 Recodification Citation: 15-4-4-4.]
As added by P.L.2-2008, SEC.6. Amended by P.L.10-2022, SEC.3; P.L.33-2022, SEC.3.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 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.
[Pre-2008 Recodification Citation: 15-4-4-5.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 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.
[Pre-2008 Recodification Citation: 15-4-4-6.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 2. Sale and Transfer of Plant Cultures › 15-15-2-9. State Chemist's Authority; Rules; Permits; Registration

Sec. 9. (a) 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.
(b) The state chemist may adopt rules under IC 4-22-2 to establish fees that are necessary for the administration of this chapter, including costs of inspections, registration of products, and product analysis.
[Pre-2008 Recodification Citation: 15-4-4-7.]
As added by P.L.2-2008, SEC.6. Amended by P.L.10-2022, SEC.4; P.L.33-2022, SEC.4.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 3. Records of Deliveries and Purchases of Seed and Grain › 15-15-3-1. "Buyer of Grain"

Sec. 1. (a) As used in this chapter, "buyer of grain" means a person, firm, limited liability company, or corporation regularly engaged in the business of buying grain or seed produced on a farm in Indiana.
(b) The term does not include a person that purchases grain or seed if less than five (5) separate purchases are made by the person during any one (1) year.
[Pre-2008 Recodification Citation: 15-4-5-3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 3. Records of Deliveries and Purchases of Seed and Grain › 15-15-3-2. Buyer's Record of Deliveries and Purchases; Information

Sec. 2. A buyer of grain or seed shall prepare, keep, and maintain a record of all deliveries and purchases of grain or seed showing the following information:
(1) The kind of grain or seed delivered or purchased, and if the grain or seed delivered or purchased is corn, whether the corn is white or yellow corn.
(2) The date on which the grain or seed is delivered by the vendor.
(3) The number of bushels of grain or seed purchased or delivered.
(4) A description of the vehicle in which the grain or seed is delivered, the name of the driver, and, if the vehicle is a motor vehicle, the license number of the motor vehicle.
(5) The name of the vendor and the name of the producer of the grain or seed.
(6) The name and address of the person to whom the money representing the purchase price of the grain or seed is paid.
[Pre-2008 Recodification Citation: 15-4-5-1.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 3. Records of Deliveries and Purchases of Seed and Grain › 15-15-3-3. Inspection of Records

Sec. 3. (a) The records kept by buyers of grain or seed under section 2 of this chapter must be available for inspection at any time by a law enforcement officer when attempting to trace the movements of grain or seed to determine whether any criminal laws of the state have been violated.
(b) All records described in subsection (a) must be kept for at least three (3) years.
[Pre-2008 Recodification Citation: 15-4-5-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 3. Records of Deliveries and Purchases of Seed and Grain › 15-15-3-4. Offenses

Sec. 4. A person who violates or refuses to comply with this chapter commits a Class C infraction.
[Pre-2008 Recodification Citation: 15-4-5-4.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-1. Dean of Agriculture; Administration of Chapter

Sec. 1. The dean of agriculture of Purdue University:
(1) shall administer and implement this chapter; and
(2) may adopt rules under IC 4-22-2 that the dean of agriculture considers necessary to carry out the purposes and secure the efficient administration of this chapter.
[Pre-2008 Recodification Citation: 15-4-6-9.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-2. Persons Subject to Chapter; Certification for Specified Crop

Sec. 2. (a) A person, a firm, an association, a limited liability company, or a corporation that issues, uses, or circulates a certificate, an advertisement, a tag, a seal, a poster, a letterhead, a marking, a circular, a written or printed representation, or a description of or pertaining to seeds or plant parts intended for propagation or sale or sold or offered for sale on which:
(1) the words "Indiana State Certified", "State Certified", "Indiana Certified", "Certified", or similar words or phrases are used or employed; or
(2) signs, symbols, maps, diagrams, pictures, words, or phrases are used or employed that expressly or impliedly state or represent that the seeds or plant parts comply with or conform to the standards or requirements for certification recommended or approved by Purdue University;
is subject to this chapter.
(b) For purposes of this chapter, an issuance, a use, or a circulation of a certificate or another instrument described in subsection (a) is considered to be certification under this chapter.
[Pre-2008 Recodification Citation: 15-4-6-1.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-3. Compliance With Rules; Control of Certification Work by Purdue University

Sec. 3. (a) A person, a firm, an association, a limited liability company, or a corporation that is subject to this chapter shall observe, perform, and comply with all rules and requirements fixed, established, or specified by Purdue University as to the crops grown or to be grown in Indiana that are eligible for certification under this chapter and concerning:
(1) the conduct of;
(2) the standards and requirements for; and
(3) the forms of and for;
certification by Purdue University or by an authorized agent of Purdue University.
(b) Not more than one (1) agent for certification under this chapter may be designated for a specified crop.
[Pre-2008 Recodification Citation: 15-4-6-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-4. Certification Work on Self-Supporting Basis; Qualification of Agency

Sec. 4. (a) Certification work conducted by Purdue University or an agent described in section 3 of this chapter is performed on a self-supporting basis and not for financial profit.
(b) Purdue University may designate as an agent for the certification of seeds or plant parts intended for propagation for sale a properly qualified:
(1) nonstock, nonprofit agricultural association incorporated under Indiana law; or
(2) agency.
[Pre-2008 Recodification Citation: 15-4-6-3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-5. Exemption of Purdue University From Liability

Sec. 5. Purdue University is not financially responsible for debts incurred by, damages inflicted by, contracts broken by, or claims against certifying agencies in conducting certification work under this chapter.
[Pre-2008 Recodification Citation: 15-4-6-4.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-6. Withholding Certification for Dishonest Practices

Sec. 6. Purdue University or an agent of Purdue University described in this chapter may withhold certification from a grower of seeds or plant parts who is engaged in or attempting to engage in dishonest practices to evade the requirements of this chapter, including standards and rules established by Purdue University for certification under this chapter.
[Pre-2008 Recodification Citation: 15-4-6-5.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-7. Certification of Foreign Seeds or Plant Parts

Sec. 7. (a) Except as provided in subsection (b), the term "certified" must not be used in connection with seeds or plant parts that are:
(1) produced outside Indiana; and
(2) offered for sale in Indiana.
(b) The term "certified" may be used in connection with seeds or plant parts described in subsection (a) if the seeds or plant parts have been certified by the:
(1) agency officially approved by the inspection officials of the state, province, or country in which the:
(A) seeds or plant parts originate; and
(B) certification standards are equal to Indiana certification standards; or
(2) dean of agriculture of Purdue University.
[Pre-2008 Recodification Citation: 15-4-6-6.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 4. Certification of Agricultural Seeds and Plant Parts › 15-15-4-8. Offense; Unauthorized Use of Certification

Sec. 8. It is a Class C infraction for a person to issue, make, use, or circulate a certification described in this chapter without the authority and approval of Purdue University or the authorized agent of Purdue University.
[Pre-2008 Recodification Citation: 15-4-6-8.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-1. Applicability of Chapter; Notice

Sec. 1. This chapter applies to civil actions against a seller for the failure of agricultural or vegetable seeds to perform if the container in which the seeds were sold included the following notice on the label:
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of Indiana and some other states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed. Information about this requirement, where applicable, may be obtained from a state's seed commissioner or the Indiana State Department of Agriculture.
[Pre-2008 Recodification Citation: 15-4-11-1.]
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.48.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-2. Uniform Arbitration Act; Applicability

Sec. 2. Arbitration under this chapter is not subject to IC 34-57-2.
[Pre-2008 Recodification Citation: 15-4-11-23.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-3. "Agricultural or Vegetable Seeds"

Sec. 3. As used in this chapter, "agricultural or vegetable seeds" refers to:
(1) agricultural; or
(2) vegetable;
seeds that are subject to IC 15-15-1.
[Pre-2008 Recodification Citation: 15-4-11-7.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-4. "Arbitration"

Sec. 4. As used in this chapter, "arbitration" refers to arbitration conducted under this chapter.
[Pre-2008 Recodification Citation: 15-4-11-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-5. "Buyer"

Sec. 5. As used in this chapter, "buyer" means a buyer of:
(1) agricultural; or
(2) vegetable;
seeds that are subject to IC 15-15-1.
[Pre-2008 Recodification Citation: 15-4-11-3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-6. "Commissioner"

Sec. 6. As used in this chapter, "commissioner" refers to the state seed commissioner.
[Pre-2008 Recodification Citation: 15-4-11-4.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-7. "Council"

Sec. 7. As used in this chapter, "council" refers to the Indiana seed arbitration council established by section 9 of this chapter.
[Pre-2008 Recodification Citation: 15-4-11-5.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-8. "Seller"

Sec. 8. As used in this chapter, "seller" refers to a seller of:
(1) agricultural; or
(2) vegetable;
seeds that are subject to IC 15-15-1.
[Pre-2008 Recodification Citation: 15-4-11-6.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-9. Indiana Seed Arbitration Council Established

Sec. 9. (a) The Indiana seed arbitration council is established.
(b) The following persons or their designees are members of the council:
(1) The director of Purdue University cooperative extension service.
(2) The director of the office of agricultural research programs at Purdue University.
(3) The president of the Indiana Seed Trade Association.
(4) The president of an Indiana farmer organization selected by the commissioner.
(5) The commissioner.
(c) The council shall select a chairperson from its membership.
(d) The council may be called into session by the commissioner or by the council's chairperson to consider matters under this chapter.
[Pre-2008 Recodification Citation: 15-4-11-8.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-10. Council's Duties

Sec. 10. The council shall do the following:
(1) Assist buyers and sellers in determining the validity of complaints between the buyer and the seller.
(2) Recommend cost damages resulting from the failure of seed to perform or produce properly, whether the damages are related to:
(A) specific representations on the label;
(B) other information on the seed container; or
(C) conditions attributed to the quality of the seed.
[Pre-2008 Recodification Citation: 15-4-11-8.3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-11. Authority of Council; Investigations; Hearings; Subpoenas

Sec. 11. The council may do the following:
(1) Examine all nonprivileged records of the buyer and the seller that the council considers relevant to a complaint filed under this chapter.
(2) Investigate and conduct tests the council considers necessary to determine the validity of the complaint. The council may enter into contracts with qualified persons to perform investigations and tests under this subdivision.
(3) Hold hearings at the times and places designated by the chairperson to perform the functions described in section 10 of this chapter. Written notice of a hearing must be given to the buyer and the seller not later than twenty (20) days before the hearing. Each party must be given an opportunity to present its position at a hearing.
(4) Negotiate and recommend to the buyer and the seller conditions for settlement of a complaint.
(5) Hold hearings to present:
(A) the results of the investigation of a complaint; and
(B) the recommendations to the buyer and the seller for settlement of the complaint.
(6) Compel either or both of the following by subpoena:
(A) The attendance and testimony of witnesses.
(B) The production of documents.
If the council issues a subpoena, the circuit or superior court of the county in which a subpoena is to be served shall enforce the subpoena.
[Pre-2008 Recodification Citation: 15-4-11-8.5.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-12. Conditions Precedent to Civil Suit; Tolling of Limitations

Sec. 12. (a) As a condition precedent to maintaining a civil action against a seller for failure of the agricultural or vegetable seeds to produce or perform:
(1) as represented by the label required to be attached to those seeds or furnished under IC 15-15-1-32 or IC 15-15-1-33;
(2) as represented by warranty; or
(3) because of negligence;
the buyer must submit the claim to arbitration.
(b) Any applicable period of limitation with respect to a claim subject to this chapter is tolled until twenty (20) days after the filing of the report of arbitration with the commissioner.
[Pre-2008 Recodification Citation: 15-4-11-9.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-13. Counterclaims or Defenses; Notice

Sec. 13. (a) As a condition precedent to asserting a counterclaim or a defense in an action brought by a seller against a buyer, the counterclaim or defense must be submitted to arbitration.
(b) Upon the buyer's filing of a written notice of intention to assert a claim as a counterclaim or defense, accompanied by a copy of the buyer's complaint in arbitration filed under section 18 of this chapter, the action brought by the seller shall be stayed and any applicable statute of limitations is tolled with respect to the claim until twenty (20) days after filing of the report of arbitration with the commissioner.
[Pre-2008 Recodification Citation: 15-4-11-10.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-14. Binding Effect of Arbitration Report

Sec. 14. The report of arbitration under section 21 of this chapter is binding upon all parties to the extent that they have so agreed in a contract governing the sale of the seed.
[Pre-2008 Recodification Citation: 15-4-11-11.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-15. Absence of Agreement to Be Bound by Arbitration; Presentation of Post Report Claims

Sec. 15. In the absence of an agreement to be bound by arbitration, a buyer may:
(1) commence legal proceedings against a seller based upon a claim subject to this chapter; or
(2) assert a claim subject to this chapter as a counterclaim or defense in any action brought by the seller;
at any time after the receipt of the report of arbitration.
[Pre-2008 Recodification Citation: 15-4-11-12.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-16. Report of Arbitration as Evidence in Subsequent Litigation

Sec. 16. In any litigation involving a complaint that has been the subject of arbitration under this chapter, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the council's findings of fact and conclusions of law and recommendations as to damages and costs contained in the report as the court considers appropriate based upon all the evidence before the court. The court may also take into account any finding of the council with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the council's ability to determine the facts of the case.
[Pre-2008 Recodification Citation: 15-4-11-13.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-17. Filing Arbitration Claim; Filing Fee; Time of Complaint

Sec. 17. (a) A buyer that seeks to assert a claim under this chapter shall invoke arbitration under this chapter by filing a sworn complaint with the commissioner together with a filing fee of one hundred dollars ($100). The buyer shall serve a copy of the complaint upon the seller by certified mail.
(b) Except in the case of seed that has not been planted, the claim shall be filed within a reasonable time after the alleged defect or violation becomes apparent so as to permit effective inspection of:
(1) the crops or plants under field conditions; or
(2) the grain harvested from the crops or plants.
(c) Notwithstanding subsection (b), a claim must be filed not later than ninety (90) days after completion of the harvest of the crop of the seed at issue.
[Pre-2008 Recodification Citation: 15-4-11-14.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-18. Answer to Complaint; Filing Fee

Sec. 18. (a) Not later than twenty (20) days after receipt of a copy of the complaint, the seller shall file with the commissioner an answer to the complaint and serve a copy of the answer upon the buyer by certified mail.
(b) The seller shall pay a filing fee of one hundred dollars ($100) to the commissioner when the seller files the answer to the complaint under subsection (a).
[Pre-2008 Recodification Citation: 15-4-11-15.]
As added by P.L.2-2008, SEC.6.