Title 15, TITLE 15. AGRICULTURE AND ANIMALS

Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning agriculture and animals that are repealed or amended in the recodification act of the 2008 regular session of the general assembly as the statutes existed before the effective date of the applicable or…

Sec. 2. The purpose of the recodification act of the 2008 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that: (1) the recodification act of the 2008 regular session of the …

Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2008 regular session of the general assembly. [2008 Recodification Citation: New.] As added by P.L.2-2008, SEC.1.

Sec. 4. (a) The recodification act of the 2008 regular session of the general assembly does not affect: (1) any rights or liabilities accrued; (2) any penalties incurred; (3) any violations committed; (4) any proceedings begun; (5) any bonds, notes, loans, or other forms of indeb…

Sec. 5. The recodification act of the 2008 regular session of the general assembly shall be construed as a recodification of prior law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2008 regular session of the…

Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2008 regular session of the general assembly shall be treated after the effective date of the…

Sec. 7. A citation reference in the recodification act of the 2008 regular session of the general assembly to another provision of the recodification act of the 2008 regular session of the general assembly shall be treated as including a reference to the provision of prior law th…

Sec. 8. (a) As used in the recodification act of the 2008 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2008 regular session of the general assembly refers to e…

Sec. 9. (a) A reference in the recodification act of the 2008 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2008 regular session of the general assembly only as an aid to the …

Sec. 1. The definitions in this chapter apply throughout this article. [Pre-2008 Recodification Citation: 15-9-1-1.] As added by P.L.2-2008, SEC.2.

Sec. 2. "Department" refers to the Indiana state department of agriculture established by IC 15-11-2-1. [Pre-2008 Recodification Citations: part formerly 4-4-3.2-1(a); 15-9-1-2.] As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.24.

Sec. 3. "Director" refers to the director of the Indiana state department of agriculture appointed under IC 15-11-3-1. [Pre-2008 Recodification Citations: part formerly 4-4-3.3-1; 15-9-1-3.] As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.25.

Sec. 4. "Division" refers to the division of soil conservation established by IC 15-11-4-1. [Pre-2008 Recodification Citation: 15-9-1-4.] As added by P.L.2-2008, SEC.2.

Sec. 5. "Secretary" refers to the lieutenant governor as secretary of agriculture and rural development as provided in IC 4-4-2.3. [Pre-2008 Recodification Citation: 15-9-1-5.] As added by P.L.2-2008, SEC.2.

Sec. 1. (a) The following are the purposes of this chapter: (1) To promote, foster, and encourage the intelligent and orderly production and marketing of agricultural products through cooperation. (2) To eliminate speculation and waste. (3) To make the distribution of agricultura…

Sec. 10. Each association incorporated under this chapter has the following powers: (1) To engage in any activity in connection with the following: (A) Producing, marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, ha…

Sec. 11. (a) An association may under the terms and conditions prescribed in the bylaws adopted by the association admit as members or issue common and voting stock to any of the following: (1) The individuals or political subdivisions of Indiana that meet the requirements of sub…

Sec. 12. (a) The incorporators of an association to be formed under this chapter shall execute and file articles of incorporation setting forth the following: (1) The name of the proposed association. (2) The purpose or purposes for which it is formed. (3) The period during which…

amending articles of incorporation Sec. 14. (a) Subject to subsections (b) and (c), an association may amend the association's articles of incorporation, merge or consolidate with one (1) or more other associations or corporations, effect special corporate transactions as describ…

Sec. 15. (a) Each association organized under or governed by this chapter shall, not more than thirty (30) days after the association's incorporation or after the association's acceptance of the requirements of this chapter, adopt a code of bylaws. (b) The power to adopt, make, a…

Sec. 17. (a) The business and affairs of an association shall be managed by a board of directors of at least five (5) directors. Subject to this limitation, unless specifically provided in the articles of incorporation, the number of directors shall be fixed by the bylaws, except…

Sec. 18. Except as otherwise provided in this chapter, the directors: (1) shall be elected by the members at the annual meeting of the members; and (2) may, if provided in the bylaws, be elected for terms of office that expire at different times. A term of office may not continue…

Sec. 19. The territory served by an association may be divided into districts and the directors elected according to districts. In this case, the bylaws must specify: (1) the number of directors to be elected in each district; and (2) the manner and method of reapportioning the d…

Sec. 2. The definitions in IC 23-0.5 and IC 23-1 apply to this chapter to the extent they do not conflict with the definitions in this chapter. [Pre-2008 Recodification Citation: 15-7-1-2(f).] As added by P.L.2-2008, SEC.3. Amended by P.L.156-2023, SEC.1.

Sec. 20. One (1) or more directors may be appointed by any public official or commission or by the other directors elected by the members or their delegates. Directors appointed as provided in this section: (1) shall represent primarily the interest of the general public in the a…

Sec. 21. (a) An association may provide a fair remuneration for: (1) the time actually spent by the association's officers and directors in the association's service; and (2) the service of the members of the association's executive committee and other committees. (b) A director …

Sec. 22. If the association's bylaws provide for an executive committee, all of the functions and powers of the board of directors may be delegated to the committee, subject to the general direction and control of the board. [Pre-2008 Recodification Citation: 15-7-1-11(f).] As ad…

Sec. 23. When a vacancy on the board of directors occurs, other than by expiration of term of office, the remaining members of the board may fill the vacancy by a majority vote of the remaining members, unless the bylaws provide for the election of directors by districts. If the …

Sec. 24. (a) Each director must during the director's term of office be a citizen of the United States. Each director, other than a public director, must be engaged in or have a direct interest in the production of agricultural products. (b) An association may provide in the asso…

Sec. 25. (a) The board of directors shall require a report to be presented to the board, at intervals determined by the board but not less often than semiannually, showing: (1) the amount of indebtedness owed to the association by each director, officer, and employee at the close…

Sec. 26. (a) An association may provide in the association's bylaws limits within which the association may extend credit, either directly or indirectly, to any director, officer, or employee of the association. (b) A person who is a director, officer, or employee of the associat…

Sec. 27. (a) The officers of an association must consist of a president, one (1) or more vice presidents, a secretary, a treasurer, and other officers that may be prescribed by the bylaws. Each officer shall be elected or appointed by the board of directors at the time, in the ma…

Sec. 28. (a) A certificate of membership or a share or shares of voting stock may not be issued by an association until the membership fee or consideration for the share of stock has been paid in full. A promissory note may be accepted in full or partial payment for a share of st…

Sec. 29. (a) An association may provide in the association's articles of incorporation or bylaws that a member is not entitled to more than one (1) vote regardless of the amount of capital invested in or number of shares of voting stock owned by the member. (b) The voting stock o…

Sec. 3. As used in this chapter, "agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, grain, poultry, bee, and any other farm product. [Pre-2008 Recodification Citation: 15-7-1-2(a).] As added by P.L.2-2008, SEC.3.

Sec. 30. (a) The net earnings or savings of an association from the association's marketing activities, purchasing activities, or marketing and purchasing activities that exceed the amounts needed to restore a deficit, to pay dividends on outstanding stock, or to establish or pro…

Sec. 31. (a) An association organized with capital stock may, at any time, unless otherwise provided in the association's articles of incorporation or bylaws, and except when the debts of the association exceed fifty percent (50%) of the assets: (1) redeem, purchase, or acquire t…

Sec. 32. (a) If the board of directors of an association, under authority expressly vested in the board by the articles of incorporation, adopts a resolution that determines and states the relative rights, preferences, limitations, or restrictions of any class or classes of share…

Sec. 33. (a) A member of an association may bring charges against an officer or a director by filing the charges in writing with the secretary of the association, together with a petition that is signed by five percent (5%) of the members and that requests the removal of the offi…

Sec. 34. (a) An association and its members may make and execute marketing contracts requiring the members to sell, for any period that is not more than ten (10) years: (1) all or any specified part of the members' agricultural products; or (2) specified commodities; exclusively …

Sec. 35. (a) The bylaws or a marketing contract of an association may do the following: (1) Fix, as liquidated damages, specific amounts to be paid by the members or stockholders to the association upon the breach of any provision of the marketing contract regarding the sale, del…

Sec. 36. If an association that is organized under or governed by this chapter with capital stock purchases: (1) the stock; (2) any property; or (3) any interest in any property; of any person, firm, corporation, or association, the association may discharge the obligations incur…

Sec. 38. (a) If, upon receipt of a biennial report delivered under section 37 of this chapter, the secretary of state determines or has reason to believe that the association filing the report is not disclosing the association's true financial condition or is violating this chapt…

Sec. 39. A law in conflict with this chapter may not be construed to apply to an association provided for in this chapter. [Pre-2008 Recodification Citation: 15-7-1-19(a).] As added by P.L.2-2008, SEC.3.

Sec. 4. As used in this chapter, "association" means any corporation organized under or governed by this chapter. [Pre-2008 Recodification Citation: 15-7-1-2(c).] As added by P.L.2-2008, SEC.3.

Sec. 40. A person, or a firm, a limited liability company, a corporation, or an association organized in Indiana after February 23, 1925, may not use the word "cooperative" as part of its corporate or other business name or title for cooperative activities of producers of agricul…

associations Sec. 41. An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any corporation or corporations, or association or associations, with or without capital stock, that are engaged in: (1) any activity in connection…

Sec. 42. (a) An association may, upon resolution adopted by the association's board of directors: (1) enter into all necessary and proper contracts and agreements; and (2) make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooper…

Sec. 43. (a) A corporation or an association organized under statutes in effect before February 23, 1925, may by a majority vote of its stockholders or members, elect to be governed by this chapter by: (1) limiting its stockholders or membership; and (2) adopting the other restri…

Sec. 44. A person or corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association: (1) organized under this chapter; or (2) organized under any agricultural cooperative law of any other state of the United States and ad…