Title 15, TITLE 15. AGRICULTURE AND ANIMALS

Sec. 1. As used in this chapter, "commission" refers to the Indiana grown commission established by section 3 of this chapter. As added by P.L.173-2014, SEC.1.

Sec. 10. Before September 1 of each year, the commission shall submit information to the department for inclusion in the annual report submitted under IC 15-11-2-8 that: (1) details the commission's activities under this chapter during the preceding state fiscal year; (2) recomme…

Sec. 2. As used in this chapter, "program" refers to the Indiana grown initiative program established by section 8 of this chapter. As added by P.L.173-2014, SEC.1.

Sec. 3. The Indiana grown commission is established. As added by P.L.173-2014, SEC.1.

Sec. 4. (a) The commission consists of the following members: (1) The director or the director's designee, as an ex officio member, who serves as chairperson of the commission. (2) Two (2) members who represent an organization or association that represents the agriculture indust…

Sec. 5. The commission shall meet at least quarterly at the call of the chairperson. As added by P.L.173-2014, SEC.1.

Sec. 6. Seven (7) voting members of the commission constitute a quorum. As added by P.L.173-2014, SEC.1.

Sec. 7. (a) A member of the commission is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). However, a member is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in t…

responsibilities Sec. 8. (a) The Indiana grown initiative program is established to market and promote Indiana produced agricultural products to Indiana residents, restaurants, grocery stores, farmers' markets, wholesalers, processors, and other retail businesses. (b) The departm…

Sec. 9. (a) The Indiana grown initiative fund is established for the purpose of carrying out the purposes of this chapter. The fund shall be administered by the department. (b) The fund consists of the following: (1) Fees collected under this chapter. (2) Appropriations. (3) Gift…

Sec. 1. As used in this chapter, "committee" refers to the committee for agricultural science and heritage established by section 2 of this chapter. As added by P.L.92-2019, SEC.26.

Sec. 2. The committee for agricultural science and heritage is established. As added by P.L.92-2019, SEC.26.

Sec. 3. The committee shall provide the commission with advice concerning agricultural education matters. As added by P.L.92-2019, SEC.26.

Sec. 4. (a) The committee consists of the following members: (1) The director of the Purdue University cooperative extension service, who shall serve as chairperson of the committee. (2) Two (2) members of the commission, appointed by the chairperson of the commission. (3) Two (2…

Sec. 5. The committee shall meet not less than one (1) time per year. As added by P.L.92-2019, SEC.26.

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.

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 governme…

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.

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 Ci…

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 …

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 Recodific…

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 bar…

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.…

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 fu…

Sec. 18. (a) The term of office of an elected or appointed council member is three (3) years. A member's term of office expires at the end of the final marketing year in the term. However, a member continues in office until a successor who meets the qualifications set forth in se…

Sec. 19. (a) If a member of the council elected or appointed under section 21(a), 21(b), 21(c), or 21(d) of this chapter ceases to meet one (1) or more of the qualifications set forth in section 17(b) of this chapter, the member's term of office terminates and the member's office…

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.

Sec. 20. (a) When necessary, the council may appoint individuals who hold offices of importance to the corn industry or have special expertise concerning that industry to participate in the work of the council. These individuals may not participate in votes taken by the council b…

members Sec. 21. (a) One (1) council member shall be elected from each of the following districts: DISTRICT 1. The counties of Lake, Newton, Jasper, Benton, Porter, LaPorte, Starke, White, and Pulaski. DISTRICT 2. The counties of St. Joseph, Elkhart, Marshall, Kosciusko, Fulton, …

Sec. 22. An election of a council member shall be held in a district in the year in which the term of the district's council member is to expire. Between January 1 and March 15 of that year, the council shall notify the producers of the district of the impending election by publi…

Sec. 23. (a) The ballot for the election of a district council member must include the name of each producer who: (1) meets the qualifications set forth in section 17(b) of this chapter; and (2) files with the council, not later than June 30 of the year of the election, a petitio…

Sec. 24. (a) For purposes of the election of a district council member, the council shall provide an absentee ballot to every producer who: (1) resides outside Indiana or expects to be absent from the district in which the producer resides on the day of the election; and (2) requ…

Sec. 25. (a) The director shall appoint election judges for the election of council members. The director shall also appoint a teller committee to count absentee ballots and to canvass and certify results of elections of council members. (b) Each election judge or teller committe…

Sec. 26. The election of a district council member must be conducted by the council in August at voting places located in the district. The winner of an election takes office on the following October 1. [Pre-2008 Recodification Citation: 15-4-10-21.] As added by P.L.2-2008, SEC.6…

Sec. 27. (a) The council shall do the following: (1) Elect a president, vice president, secretary, treasurer, and other officers the council considers necessary. (2) Employ personnel and contract for services that are necessary for the proper implementation of this chapter. (3) B…

Sec. 28. (a) The council shall meet at least three (3) times in each marketing year at the call of the president or at the request of two-thirds (2/3) of the members of the council. (b) The council shall comply with the requirements under IC 5-14-1.5 (open door law). [Pre-2008 Re…

Sec. 29. (a) The council shall pay all expenses incurred under this chapter with money from the assessments remitted to the council under this chapter. (b) The council may invest all money the council receives under this chapter, including gifts or grants that are given for the e…

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.

[Pre-2008 Recodification Citation: 15-4-10-24.5.] As added P.L.2-2008, SEC.6. Repealed by P.L.148-2009, SEC.12.

As added by P.L.148-2009, SEC.5. Repealed by P.L.98-2012, SEC.9.

Sec. 31. (a) Obligations incurred by the council and other liabilities and claims against the council may be enforced only against the assets of the council in the same manner as if the council were a corporation. Liabilities for the debts or actions of the council may not arise …

Sec. 32. (a) An assessment of one-half cent ($0.005) per bushel must be collected on all corn sold in Indiana. The assessment may be imposed and collected on a quantity of corn only once and must be collected by the first purchaser. A buyer of corn who purchases more than one hun…

As added by P.L.148-2009, SEC.6. Repealed by P.L.98-2012, SEC.11.

assessment from corn sale price; deadline for payment of refund Sec. 33. (a) If a producer has sold corn and the state assessment was deducted from the sale price of the corn, the producer may secure a refund equal to the amount deducted upon filing a written application. (b) A p…

Sec. 34. The checkoff refund form must: (1) contain the address and fax number of the location to which the assessment refund form may be sent; (2) contain information concerning procedures to claim an assessment refund; and (3) contain any other information determined necessary …

purchaser; audit by council; qualifications of auditor Sec. 35. (a) A first purchaser shall keep detailed records of all assessments collected and remitted under this chapter for at least three (3) years. (b) Upon request, a first purchaser shall supply the council with any infor…

Sec. 36. (a) If a first purchaser fails to remit the assessments collected during a period specified in section 32 of this chapter within thirty (30) days after the end of the period, the council shall contact the first purchaser and allow the first purchaser to present comments …

Sec. 37. (a) Proceeds of the checkoff assessment collected by the council under this chapter may not be used to influence legislation or governmental action or policy. (b) Proceeds of the assessment collected under this chapter may be used to communicate information related to th…

Sec. 38. (a) For the marketing year beginning October 1, 2009, if at least twenty-five percent (25%) of the assessment is refunded during the marketing year, the council shall: (1) cease collecting the assessment on January 1 of the subsequent year; (2) maintain a sufficient amou…

Sec. 39. (a) If a person fails to discharge a duty imposed by this chapter other than remitted assessments, the council shall allow the person an opportunity to present comments to the council concerning reasons why the council should not bring legal action against the person. If…