reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 5. Indiana Seed Arbitration Council › 15-15-5-19. Investigation; Payment of Costs; Disposition of Payments

Sec. 19. (a) Before beginning a complaint investigation, the commissioner shall prepare and provide to the parties an estimate of the costs to be incurred during the investigation of the complaint.
(b) Before a complaint investigation begins, the buyer and the seller shall each pay to the commissioner an amount equal to fifty percent (50%) of the costs estimated by the commissioner under subsection (a). The money required to be paid under this subsection is in addition to the filing fees required by sections 17 and 18 of this chapter.
(c) The commissioner shall deposit the money paid under subsection (b) in a separate account. The costs of the investigation shall be paid from money in the account.
(d) If the actual costs of the investigation are greater than the costs estimated under subsection (a), the buyer and the seller shall each pay fifty percent (50%) of the difference between the actual costs and the costs estimated under subsection (a).
(e) If the actual costs of the investigation are less than the costs estimated under subsection (a), the commissioner shall refund to the buyer and the seller each fifty percent (50%) of the difference between the actual costs and the costs estimated under subsection (a).
[Pre-2008 Recodification Citation: 15-4-11-15.5.]
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 › 15-15-5-20. Council Investigation of Complaint

Sec. 20. The commissioner shall refer the complaint and answer to the council for investigation, findings, and recommendations.
[Pre-2008 Recodification Citation: 15-4-11-16.]
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 › 15-15-5-21. Report of Findings

Sec. 21. Upon referral of a complaint for investigation, the council shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the commissioner not later than sixty (60) days after the referral or a later date as the parties may determine.
[Pre-2008 Recodification Citation: 15-4-11-17.]
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 › 15-15-5-22. Council Report; Contents

Sec. 22. The report of the council must include findings of facts, conclusions of law, and recommendations as to costs, if any.
[Pre-2008 Recodification Citation: 15-4-11-18.]
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 › 15-15-5-23. Delegation of Investigation

Sec. 23. The council may delegate all or any part of any investigation to one (1) or more of its members. Any delegated investigation shall be summarized in writing and considered by the council in its report.
[Pre-2008 Recodification Citation: 15-4-11-20.]
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 › 15-15-5-24. Confidentiality of Trade Secrets and Proprietary Information

Sec. 24. The council shall ensure that all trade secrets and other information of a proprietary nature collected during the course of an investigation under this chapter are kept confidential to the degree necessary to ensure the property rights of the seller and the civil rights of the buyer.
[Pre-2008 Recodification Citation: 15-4-11-20.5.]
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 › 15-15-5-25. Per Diem and Travel Expenses

Sec. 25. A member of the council is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). A member is, however, entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
[Pre-2008 Recodification Citation: 15-4-11-21.]
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 › 15-15-5-26. Transmission of Report to Parties

Sec. 26. After the council has made its report, the commissioner shall promptly transmit the report by certified mail to all parties.
[Pre-2008 Recodification Citation: 15-4-11-22.]
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 › 15-15-5-27. Settlement Recommendation; Acceptance or Rejection of Recommendation

Sec. 27. The buyer and seller shall each give written notice to the commissioner of the acceptance or rejection of the council's recommended terms of settlement not later than thirty (30) days after the date of the council's recommendation.
[Pre-2008 Recodification Citation: 15-4-11-22.5.]
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 › 15-15-5-28. Rules

Sec. 28. The commissioner may adopt rules under IC 4-22-2 to do the following:
(1) Describe the conditions and circumstances relating to seed to which arbitration under this chapter is applicable.
(2) Supplement the procedures of the arbitration process set forth in this chapter.
[Pre-2008 Recodification Citation: 15-4-11-24.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-1. Application; Applicable Law

Sec. 1. (a) Except as provided in section 2 of this chapter, this chapter applies to a seed contract for seed that is planted in Indiana.
(b) Other applicable Indiana law not in conflict with this chapter applies to a seed contract for seed that is planted in Indiana.
[Pre-2008 Recodification Citation: 15-4-14-1.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-2. Application to Certain Contracts

Sec. 2. This chapter does not apply to either of the following:
(1) A seed contract entered into before January 1, 2004.
(2) A production contract.
[Pre-2008 Recodification Citation: 15-4-14-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-3. Application of Certain Definitions

Sec. 3. The definitions in IC 15-15-7 apply throughout this chapter.
[Pre-2008 Recodification Citation: 15-4-14-3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-4. Incorporation of Law Into Seed Contracts

Sec. 4. (a) The provisions of this chapter are considered to be a part of every seed contract.
(b) A seed contract is not required to contain or restate any provision of this chapter.
(c) A bag or other container used by a seed supplier to deliver seed to a farmer is not required to bear a label or any other writing containing or restating any provision of this chapter. A provision found on a label or any other writing on a seed bag or container inconsistent with this chapter is not enforceable against a farmer.
(d) The failure of a seed supplier to state any provision of this chapter in a seed contract, on a label, or in any other writing on a seed bag or container is not a violation of this chapter.
[Pre-2008 Recodification Citation: 15-4-14-4.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-5. Conflict With Law; Void Contracts

Sec. 5. A provision of a seed contract in conflict with this chapter is void.
[Pre-2008 Recodification Citation: 15-4-14-5.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-6. Waiver of Law Void

Sec. 6. A provision of a seed contract that purports to waive a provision of this chapter is void.
[Pre-2008 Recodification Citation: 15-4-14-6.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-7. State Law Governing Seed Contracts

Sec. 7. A seed contract subject to this chapter is governed by the laws of Indiana.
[Pre-2008 Recodification Citation: 15-4-14-7.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-8. Choice of Other Law

Sec. 8. If a seed contract purports to choose the laws of a jurisdiction other than Indiana to govern the contract, the choice is not enforceable.
[Pre-2008 Recodification Citation: 15-4-14-8.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-9. Choice of Forums; Unenforceable Choice

Sec. 9. (a) This section applies only if a seed contract purports to choose a forum that would not otherwise have jurisdiction over a farmer.
(b) The forum selection provision of a seed contract must be printed conspicuously in immediate proximity to the space reserved for the signature of the farmer. For purposes of this subsection, a forum selection provision is printed conspicuously if any of the following apply:
(1) The provision is printed in capital letters, and other text is printed in capital and lower case letters.
(2) The provision is printed in a larger, bold, or other typeface different from other text.
(3) The provision is printed in a color that contrasts with other text.
(4) The provision is underlined.
(5) The provision is printed in any other way that highlights the provision in relation to the other text of the contract.
(c) A forum selection provision that violates this section is not enforceable.
[Pre-2008 Recodification Citation: 15-4-14-9.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-10. Confidential Communications

Sec. 10. Communications:
(1) between a farmer and:
(A) a member of the farmer's immediate family;
(B) an attorney;
(C) an accountant;
(D) a professional adviser; or
(E) a partner, an associate, or another individual engaged with the farmer in the farming enterprise for which the seed was purchased;
(2) regarding the terms of a seed contract; and
(3) made for the purpose of giving advice to the farmer;
are not a breach of a confidentiality provision in a seed contract.
[Pre-2008 Recodification Citation: 15-4-14-10.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 6. Seed Contracts › 15-15-6-11. Possession of Proprietary Material; Effect of De Minimus Possession

Sec. 11. If:
(1) a product in which the seed supplier has rights is possessed by the farmer or found on real property owned or occupied by the farmer; and
(2) the presence of the product is de minimus or not intended by the farmer;
the farmer is not liable for breach of the seed contract.
[Pre-2008 Recodification Citation: 15-4-14-11.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-1. Application; Applicable Law

Sec. 1. (a) Except as provided in section 2 of this chapter, this chapter applies to the inspection of:
(1) seed; and
(2) the crop growing from seed;
by a seed supplier under the seed supplier's rights in a seed contract.
(b) Other applicable Indiana law not in conflict with this chapter applies to a seed supplier inspecting:
(1) seed; and
(2) the crop growing from seed;
under the seed supplier's rights in a seed contract.
[Pre-2008 Recodification Citation: 15-4-13-1.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-2. Application to Production Contract

Sec. 2. This chapter does not apply to an inspection by a seed supplier under a production contract.
[Pre-2008 Recodification Citation: 15-4-13-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-3. "Farmer"

Sec. 3. As used in this chapter, "farmer" refers to a person who is engaged in commercial farming and who plants seed in Indiana under a seed contract to grow a commercial crop.
[Pre-2008 Recodification Citation: 15-4-13-3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-4. "Production Contract"

Sec. 4. As used in this chapter, "production contract" refers to any of the following:
(1) A contract to grow seed for demonstration purposes.
(2) A contract to grow seed for research purposes.
(3) A contract to grow seed under which the seed supplier:
(A) retains title to the crop or a product from the crop; or
(B) has the right or obligation to purchase, receive, or direct the disposition of the crop or a product from the crop.
(4) A contract to grow seed in connection with an identity preserved crop program.
[Pre-2008 Recodification Citation: 15-4-13-4.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-5. "Seed"

Sec. 5. As used in this chapter, "seed" refers to agricultural seed (as defined in IC 15-15-1-2) or vegetable seed (as defined in IC 15-15-1-24) used to grow a commercial agricultural or a commercial vegetable crop.
[Pre-2008 Recodification Citation: 15-4-13-5.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-6. "Seed Contract"

Sec. 6. As used in this chapter, "seed contract" refers to a written contract between a seed supplier and a farmer that a farmer must sign to obtain the seed or the right to plant the seed.
[Pre-2008 Recodification Citation: 15-4-13-6.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-7. "Seed Supplier"

Sec. 7. As used in this chapter, "seed supplier" refers to a person engaged in commercial production or supply of either of the following:
(1) Seed.
(2) Technology genetically engineered into seed.
[Pre-2008 Recodification Citation: 15-4-13-7.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-8. Unenforceable Seed Contract Provisions; Conflict With Law

Sec. 8. A provision of a seed contract in conflict with this chapter is unenforceable against a farmer.
[Pre-2008 Recodification Citation: 15-4-13-8.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-9. Unenforceable Seed Contract Provisions; Waiver of Law

Sec. 9. A provision of a seed contract that purports to waive a provision of this chapter is unenforceable against a farmer.
[Pre-2008 Recodification Citation: 15-4-13-9.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-10. Inspection Under Seed Contract; Procedure; Court Order; Rules

Sec. 10. (a) As used in this section, "commissioner" refers to the state seed commissioner.
(b) A seed contract may not give or be interpreted to give a seed supplier or an agent of a seed supplier the right to enter real property owned or occupied by the farmer to acquire samples of the crop grown from the seed or any other plant growing on the real property unless all of the following apply:
(1) The seed supplier gives written notice to the farmer and the commissioner of the seed supplier's intent to enter the real property. The notice must be given not later than five (5) business days before the day the seed supplier or the seed supplier's agent enters the real property. The notice must include the following information:
(A) The date and time of the entry upon the land.
(B) The purpose for the entry upon the land.
(2) The seed supplier must permit the farmer, the commissioner, or the agents of the farmer or the commissioner to accompany the seed supplier or the seed supplier's agent while samples are taken.
(3) The seed supplier must permit the farmer, the commissioner, or the agents of the farmer or the commissioner to take matching samples or receive split samples of any samples taken by the seed supplier.
(c) The seed supplier must provide reasonable cooperation to the farmer, the commissioner, or the agents of the farmer or the commissioner during the course of activities described in subsection (b)(2) and (b)(3).
(d) If the commissioner or an agent of the commissioner accompanies the seed supplier on the real property to take samples under this section, the seed supplier and the farmer shall each pay fifty percent (50%) of the reasonable costs incurred by the commissioner or the commissioner's agent, as determined by the commissioner, in connection with the activities.
(e) In an action on the seed contract between the seed supplier and the farmer, the prevailing party may recover the costs that the prevailing party paid under subsection (d) in addition to any other damages to which the prevailing party is entitled.
(f) A seed supplier may obtain an order from a court with jurisdiction authorizing the seed supplier or the seed supplier's agent to enter real estate owned or occupied by a farmer and on which seed that is the subject of a seed contract is growing. If the court issues an order, the order must require that if any samples are taken, matching or split samples must be taken by a person who is independent from the seed supplier.
(g) The commissioner may adopt rules under IC 4-22-2 to implement this section.
[Pre-2008 Recodification Citation: 15-4-13-11.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-11. Notice of Seed Contract Suit; Violations

Sec. 11. (a) As used in this section, "suit" refers to a suit commenced against a farmer by a seed supplier to enforce the seed supplier's rights under, or in connection with, a seed contract.
(b) If a seed supplier files suit against a farmer, the seed supplier shall provide simultaneous written notice of the suit to the director of the Indiana state department of agriculture.
(c) Failure to give notice of the suit to the director of the Indiana state department of agriculture as provided in subsection (b) does not impair the jurisdiction of the court to hear the suit.
(d) A seed supplier that fails to give notice to the director of the Indiana state department of agriculture as provided in subsection (b) commits a Class B infraction.
(e) The director of the Indiana state department of agriculture shall keep a file of all notices of suits received under this section.
[Pre-2008 Recodification Citation: 15-4-13-12.]
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.49.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 7. Inspections Under Seed Contracts › 15-15-7-12. Farmer Right of Action for Violations; Damages; Attorney's Fees

Sec. 12. (a) A farmer has a right of action against a seed supplier if the seed supplier or an agent of the seed supplier enters real property owned or occupied by the farmer in violation of section 10 of this chapter.
(b) If a farmer prevails in an action filed under this section, the farmer is entitled to recover from the seed supplier all the following:
(1) Any actual damages proven by the farmer resulting from the seed supplier's violation of section 10 of this chapter.
(2) The farmer's reasonable attorney's fees and other litigation costs reasonably incurred in connection with the action.
[Pre-2008 Recodification Citation: 15-4-13-13.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 8. Repealed

[Pre-2008 Recodification Citations:
15-15-8-1formerly 15-4-12-115-15-8-2formerly 15-4-12-215-15-8-3formerly 15-4-12-315-15-8-4formerly 15-4-12-415-15-8-5formerly 15-4-12-515-15-8-6formerly 15-4-12-615-15-8-7formerly 15-4-12-715-15-8-8formerly 15-4-12-815-15-8-9formerly 15-4-12-915-15-8-10formerly 15-4-12-1015-15-8-11formerly 15-4-12-1115-15-8-12formerly 15-4-12-1215-15-8-13formerly 15-4-12-1315-15-8-14formerly 15-4-12-15(c)15-15-8-15formerly 15-4-12-1415-15-8-16formerly 15-4-12-1715-15-8-17formerly 15-4-12-1615-15-8-18formerly 15-4-12-1815-15-8-19subsection (a) formerly 15-4-12-15(a); subsection (b) formerly 15-4-12-15(b).]
Repealed by P.L.9-2018, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 9. Repealed

[Pre-2008 Recodification Citations:
15-15-9-1formerly 15-4-9-1 part15-15-9-2formerly 15-4-9-1 part15-15-9-3formerly 15-4-9-1 part15-15-9-4formerly 15-4-9-215-15-9-5formerly 15-4-9-315-15-9-6formerly 15-4-9-415-15-9-7formerly 15-4-9-515-15-9-8formerly 15-4-9-6.]
Repealed by P.L.9-2018, SEC.3.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 10. Agricultural Marketing and Research › 15-15-10-1. Legislative Declaration

Sec. 1. The general assembly declares that a sound, efficient, and privately operated system for distributing and marketing agricultural products is essential to a prosperous agriculture and is indispensable to the maintenance of high employment and to the welfare and prosperity of the state.
[Pre-2008 Recodification Citation: 15-4-2-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 10. Agricultural Marketing and Research › 15-15-10-2. Appropriation; Purdue University's Authority; Purposes

Sec. 2. (a) To accomplish the objectives stated in section 1 of this chapter by making a scientific approach through research, study, experimentation, education, extension market, and news services, and through cooperation among state and federal agencies, appropriate organizations, and private industry, there is appropriated, from money in the state general fund not otherwise appropriated, to Purdue University for the use and benefit of its agricultural research programs and cooperative extension service fifty thousand dollars ($50,000) for each state fiscal year solely for purposes of this chapter and in addition to other funds appropriated to Purdue University.
(b) Purdue University may, through its agricultural research programs and cooperative extension service, conduct, assist, and foster research to improve the marketing, handling, storage, processing, transportation, and distribution of agricultural products to do the following:
(1) Improve marketing methods.
(2) Reduce distribution costs.
(3) Develop new and wider markets.
(4) Provide for the dissemination of information to implement this chapter, including more effective use of agricultural products, consumer education, and quality improvement so that agricultural products may be marketed in an orderly manner and to the best interest of the producers and consumers.
(c) Money appropriated by this chapter shall be used for payment of salaries, supplies, traveling expenses, and any other expenses considered necessary to implement this chapter, including money that Purdue University considers necessary for the expenses of appropriate organizations and private industries cooperating in the program.
[Pre-2008 Recodification Citation: 15-4-2-3.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 10. Agricultural Marketing and Research › 15-15-10-3. Agency to Receive Federal Funds

Sec. 3. Purdue University is designated and authorized as the agency of the state to receive:
(1) cooperative funds from the United States Department of Agriculture for research, education, and marketing services as authorized in the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.); or
(2) any other cooperative funds provided by the United States Department of Agriculture for research, education, and marketing services.
[Pre-2008 Recodification Citation: 15-4-2-4.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-1. "Agricultural Commodity"

Sec. 1. As used in this chapter, "agricultural commodity" means poultry, poultry products, cattle, dairy products, sheep, wool, goats, mint, soybeans, wheat, or small grains. The term includes flour made from wheat or small grains.
[Pre-2008 Recodification Citation: 15-4-3.5-1(a).]
As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-2. "Commercial Quality"

Sec. 2. As used in this chapter, "commercial quantity" means a quantity produced and marketed through commercial channels of trade.
[Pre-2008 Recodification Citation: 15-4-3.5-1(b).]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-3. "Commodity Market Development Council"

Sec. 3. As used in this chapter, "commodity market development council" refers to a group representative of the agricultural commodity.
[Pre-2008 Recodification Citation: 15-4-3.5-1(d).]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-4. "Dean of Agriculture"

Sec. 4. As used in this chapter, "dean of agriculture" refers to the dean of the college of agriculture of Purdue University. The term includes the dean's designee.
[Pre-2008 Recodification Citation: 15-4-3.5-1(c).]
As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-5. "Director"

Sec. 5. As used in this chapter, "director" refers to the director of the department of agriculture.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-6. "Handler"

Sec. 6. As used in this chapter, "handler" means a person who engages in the selling, marketing, or distribution of an agricultural commodity that the person:
(1) has purchased for resale; or
(2) is marketing on behalf of a producer.
The term includes a producer who distributes an agricultural commodity that the producer has produced.
[Pre-2008 Recodification Citation: 15-4-3.5-1(e).]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-7. "Processor"

Sec. 7. As used in this chapter, "processor" means a person engaged in the receiving, grading, packing, canning, freezing, drying, or other methods of preparation for market of agricultural commodities produced in Indiana for sale.
[Pre-2008 Recodification Citation: 15-4-3.5-1(f).]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-8. "Producer"

Sec. 8. As used in this chapter, "producer" means an individual, a firm, a limited liability company, a corporation, a partnership, or an unincorporated association engaged in Indiana in the business of producing for market or receiving income from an agricultural commodity in commercial quantities.
[Pre-2008 Recodification Citation: 15-4-3.5-1(g).]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-9. Marketing Program; Commodity Market Development Council; Establishment; Fees

Sec. 9. (a) A marketing program proposed or adopted under this chapter may include any of the following:
(1) Market development and research programs.
(2) Market promotion, education, and public relations programs.
(3) Market information services.
(4) The right to contract with qualified organizations, agencies, or individuals for any of the activities described in subdivision (1), (2), or (3).
(b) A commodity market development council organized under this chapter may not do any of the following:
(1) Establish, promulgate, or fix the price of an agricultural commodity.
(2) Limit the production of an agricultural commodity in any way.
(3) Use the fees collected under this chapter for political or legislative activity of any kind.
[Pre-2008 Recodification Citation: 15-4-3.5-2.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-10. Commodity Market Council; Petition; Establishment; Membership

Sec. 10. (a) A representative group of at least five percent (5%) of the producers of an agricultural commodity may petition the dean of agriculture for permission to establish a commodity market development council.
(b) A petition described in subsection (a) must include the following:
(1) A statement of the area of production to be included. The area must be statewide. However, the area may be limited to a well defined smaller area if the area is the principal commercial producer of the agricultural commodity in Indiana.
(2) A statement of the general purposes of the agricultural commodity market development council program. The purposes may include research, education, market development, publicity, sales promotion, and cooperation with other state, regional, and national organizations.
(3) The amount of the fee to be collected for each designated unit of commercial quantities of the agricultural commodity.
(4) The method to be used in the collection of the fee.
(5) The composition, qualification, terms of office, method of nomination, election, filling unexpired terms, expenses, and duties of the members of the commodity market development council. However, the following apply to the council:
(A) The council must consist of an odd number of at least five (5) but not more than fifteen (15) members. A member may not serve on the council for more than six (6) consecutive years. A majority of the council members must be producers selected by producers.
(B) The dean of agriculture serves as an ex officio member of the council.
(C) The director of the Indiana state department of agriculture or the director's designee serves as an ex officio member of the council.
(6) The method of conducting the referendum of the agricultural commodity producers. The method must be either by mail or by polling place, depending on the area and volume of the commodity.
[Pre-2008 Recodification Citation: 15-4-3.5-3.]
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.51.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-11. Hearing; Findings

Sec. 11. (a) A hearing held under section 12 of this chapter must be public, and a permanent record must be made of all testimony received. The dean of agriculture shall conduct the hearing and may make the determination from the record.
(b) The dean of agriculture shall give notice of the hearing by publication in trade journals and newspapers of general circulation in each area affected not later than ten (10) days before the date of the hearing. The representative group must pay all fees for initial organization in cash to the dean. Initial organization fees may not be paid from state money.
(c) The dean of agriculture shall do the following:
(1) Make and publish findings based upon the facts, testimony, and evidence received at the public hearing.
(2) Provide for copies of the dean of agriculture's findings and decisions to be delivered or mailed to all parties of record appearing at the hearing or the parties' attorneys of record.
[Pre-2008 Recodification Citation: 15-4-3.5-4.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-13. Commodity Market Development; Advice to Dean

Sec. 13. The dean of agriculture shall be guided by the advice, recommendations, and assistance of the commodity market development council about:
(1) the collection and expenditures of funds; and
(2) audits and refunds;
associated with the commodity market development program.
[Pre-2008 Recodification Citation: 15-4-3.5-6.]
As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.4.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-14. Fee Imposed

Sec. 14. (a) As used in this section, "commercial channel of trade" means that series of transactions leading directly from the final producer of the agricultural commodity to the purchase of the agricultural commodity by a processor.
(b) The fee for an agricultural commodity imposed under this chapter must be paid when the final producer places the agricultural commodity in a commercial channel of trade.
[Pre-2008 Recodification Citation: 15-4-3.5-6.5.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-15. Fee Collection; Penalty; Individual Commodity Council Market Development Fund; Accounting Statement

Sec. 15. (a) Except as provided in subsection (b), the dean of agriculture shall collect the fee imposed under the commodity market development program from the producers, handlers, or processors.
(b) This subsection applies to a commodity market development program for cattle, dairy products, or soybeans. The dean of agriculture shall collect ninety-seven percent (97%) of the fee imposed under the commodity market development program from the producers, handlers, or processors. A producer, handler, or processor may retain the remaining three percent (3%) as compensation for collecting the fee.
(c) If a market development fee is unpaid on the date that the fee was due, a penalty of one percent (1%) per month is imposed beginning on the date the fee was due until payment plus the penalty is received by the dean of agriculture. If, after notice, a person defaults in a payment of the fee or penalties imposed under this subsection, the amount due shall be collected by civil action in the name of the state of Indiana at the request of the dean of agriculture, and the person adjudged in default shall pay the costs of the action. The attorney general, at the request of the dean of agriculture, and, if requested by the attorney general, the prosecuting attorney of any county, in which a cause of action arose under the provisions for the collection of fees due and unpaid, shall institute proper action in an Indiana court for the collection of unpaid fees and penalties.
(d) The individual commodity council market development fund is established. The fund consists of all fees paid to the dean of agriculture under that agricultural commodity program. The dean of agriculture shall spend all money credited to the fund, less administration expenses, for the use and benefit of the commodity market development council for which the fund is established.
(e) The dean of agriculture shall submit an annual statement to the commodity market development council that shows all receipts, administration expenses, refunds, and the balance credited to the fund.
(f) Not more than one (1) fee may be collected for an agricultural commodity under this chapter.
[Pre-2008 Recodification Citation: 15-4-3.5-7.]
As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.5.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-16. Audit of Funds

Sec. 16. The state board of accounts shall audit the funds received and expended by the commodity market development council under this chapter.
[Pre-2008 Recodification Citation: 15-4-3.5-10.]
As added by P.L.2-2008, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-17. Commodity Market Development Council's Duties

Sec. 17. The dean of agriculture shall assist a commodity market development council to do the following:
(1) Elect a chairperson and any other officers.
(2) Authorize the expenditure of a budgeted amount of the council market development fund in the administration of the commodity market development program.
(3) Collect commodity market development fees.
(4) Perform other necessary duties.
[Pre-2008 Recodification Citation: 15-4-3.5-8.]
As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 11. Promotion of Agricultural Products › 15-15-11-18. Refunded Fees

Sec. 18. (a) A producer or handler is entitled to have the fees paid by the producer or handler refunded as provided in this section.
(b) A producer or handler must file a request for refund with the dean of agriculture not later than one hundred eighty (180) days after the payment of the fees.
(c) The dean of agriculture shall provide forms for the request of refund of fees under this section. A refund form shall be made available to a producer or handler when payment is made.
(d) For the purpose of making an application for a refund, a producer is considered the agent of all persons who have an interest in the agricultural commodity. The interest of each person in the agricultural commodity must be indicated on the refund request form, and the refund shall be paid to each interested person's interest according to that person's interest.
[Pre-2008 Recodification Citation: 15-4-3.5-9.]
As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-1. Application of Chapter

Sec. 1. This chapter applies to all kinds and varieties of corn marketed or sold as corn by a producer in Indiana.
[Pre-2008 Recodification Citation: 15-4-10-1 part.]
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 › 15-15-12-2. "Bushel"

Sec. 2. As used in this chapter, "bushel" means fifty-six (56) pounds of corn by weight.
[Pre-2008 Recodification Citation: 15-4-10-2.]
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 › 15-15-12-3. "Corn"

Sec. 3. As used in this chapter, "corn" does not include sweet corn, seed corn, or popcorn.
[Pre-2008 Recodification Citation: 15-4-10-1 part.]
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 › 15-15-12-4. "Council"

Sec. 4. As used in this chapter, "council" refers to the Indiana corn marketing council established by section 17 of this chapter.
[Pre-2008 Recodification Citation: 15-4-10-3.]
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 › 15-15-12-5. "Dean of Agriculture"

Sec. 5. As used in this chapter, "dean of agriculture" refers to the dean of agriculture of Purdue University.
[Pre-2008 Recodification Citation: 15-4-10-3.5.]
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 › 15-15-12-6. "Director"

Sec. 6. As used in this chapter, "director" refers to the director of the Indiana state department of agriculture or the person designated by the director of the Indiana state department of agriculture to carry out duties imposed on the director of the Indiana state department of agriculture under this chapter.
[Pre-2008 Recodification Citation: 15-4-10-4.]
As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.52.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-7. "First Purchase"

Sec. 7. As used in this chapter, "first purchase" means a sale of corn at the first point of delivery when the corn is weighed and graded and title to the corn is transferred.
[Pre-2008 Recodification Citation: 15-4-10-5.]
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 › 15-15-12-8. "First Purchaser"

Sec. 8. (a) As used in this chapter, "first purchaser" means a person who is engaged in Indiana in the business of buying corn from producers. The term refers to a person buying or acquiring corn from:
(1) the producer of the corn; or
(2) the Commodity Credit Corporation, if the corn is pledged as collateral for a loan issued under a price support loan program administered by the Commodity Credit Corporation.
(b) The term does not include a buyer of corn who buys less than one hundred thousand (100,000) bushels of corn annually for the buyer's own use as seed or feed.
[Pre-2008 Recodification Citation: 15-4-10-6.]
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 › 15-15-12-9. "Grain"

Sec. 9. As used in this chapter "grain" has the meaning set forth in IC 26-4-1-13.
[Pre-2008 Recodification Citation: 15-4-10-6.5.]
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 › 15-15-12-10. "Market Development"

Sec. 10. As used in this chapter, "market development" means to:
(1) provide for the development of new or larger domestic and foreign markets for corn;
(2) promote the production and marketing of renewable fuels and new technologies that use corn; and
(3) access federal government money available to the state to further the market development activities described in subdivisions (1) and (2).
[Pre-2008 Recodification Citation: 15-4-10-7.]
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 › 15-15-12-11. "Marketing Year"

Sec. 11. As used in this chapter, "marketing year" means the twelve (12) month period beginning October 1 and ending the following September 30.
[Pre-2008 Recodification Citation: 15-4-10-8.]
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 › 15-15-12-12. "Person"

Sec. 12. As used in this chapter, "person" means an individual, a partnership, a limited liability company, a public or private corporation, a political subdivision (as defined in IC 36-1-2-13), a cooperative, a society, an association, or a fiduciary.
[Pre-2008 Recodification Citation: 15-4-10-9.]
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 › 15-15-12-13. "Producer"

Sec. 13. As used in this chapter, "producer" means a person engaged in the business of producing and marketing corn in Indiana under:
(1) the producer's own name; or
(2) the name of an entity in which the producer has ownership.
[Pre-2008 Recodification Citation: 15-4-10-10.]
As added by P.L.2-2008, SEC.6. Amended by P.L.98-2012, SEC.4.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 15. Horticulture Products › Chapter 12. Indiana Corn Market Development › 15-15-12-14. "Promotion"

Sec. 14. As used in this chapter, "promotion" means:
(1) communication directly with corn producers;
(2) technical assistance; and
(3) trade marketing activities;
to enhance the marketing opportunities of corn for corn products in domestic and foreign markets.
[Pre-2008 Recodification Citation: 15-4-10-10.5.]
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 › 15-15-12-15. "Research"

Sec. 15. As used in this chapter, "research" means a study to advance the:
(1) marketability;
(2) production;
(3) product development;
(4) quality; or
(5) functional or nutritional value;
of corn or corn products, including a research activity designed to identify and analyze barriers to domestic and foreign sales of corn or corn products.
[Pre-2008 Recodification Citation: 15-4-10-10.7.]
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 › 15-15-12-16. "Sale"

Sec. 16. As used in this chapter, "sale" means a conveyance of title to corn or the pledge or other encumbrance of corn as security for a loan extended by the Commodity Credit Corporation under a federal price support loan program.
[Pre-2008 Recodification Citation: 15-4-10-10.7.]
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 › 15-15-12-17. Indiana Corn Marketing Council Established; Membership; Residence; per Diem and Travel Expenses

Sec. 17. (a) The Indiana corn marketing council is established. The council is a public body corporate and politic, and though it is separate from the state, the exercise by the council of its powers constitutes an essential governmental function. The council may sue and be sued and plead and be impleaded.
(b) The council consists of seventeen (17) voting and eight (8) ex officio, nonvoting members. The elected members from districts listed under section 21(a) of this chapter must:
(1) be registered as voters in Indiana;
(2) be at least eighteen (18) years of age;
(3) be producers; and
(4) have an assessment on corn under section 32 of this chapter made during the previous two (2) years.
(c) Each elected member of the council must reside in the district identified in section 21(a) of this chapter from which the member is elected.
(d) Each member of the council is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. However, council members are not entitled to a salary or per diem.
[Pre-2008 Recodification Citation: 15-4-10-12.]
As added by P.L.2-2008, SEC.6. Amended by P.L.98-2012, SEC.5.