Title 15, AGRICULTURE AND ANIMALS

Sec. 5. The director shall establish a board to advise the department in the implementation of the department's duties. [Pre-2008 Recodification Citation: 15-9-3-5.] As added by P.L.2-2008, SEC.2.

Sec. 1. (a) This chapter applies to the following: (1) Contracts that may be terminated or altered at will. (2) Contracts formed or renewed after June 30, 1989. (b) This chapter may not be construed to impair the obligation of a contract in violation of Article 1, Section 24 of t…

Sec. 10. (a) Upon the termination of a written or an unwritten contract between a retailer and a wholesaler, manufacturer, or distributor of farm or industrial machinery under which the retailer had agreed to maintain an inventory, the wholesaler, manufacturer, or distributor sha…

Sec. 11. (a) Except as provided in section 14 of this chapter, a wholesaler, manufacturer, or distributor shall repurchase farm or industrial machinery that: (1) the retailer previously purchased from the wholesaler, manufacturer, or distributor; and (2) the retailer held as inve…

Sec. 12. (a) The price for a repurchase under this chapter must equal the sum of: (1) one hundred percent (100%) of the net cost of all new, unsold, undamaged, and complete farm or industrial machinery (except repair parts); plus (2) one hundred percent (100%) of the current net …

Sec. 13. Upon the payment to the retailer of the repurchase price under section 12 of this chapter, the title to the inventory passes to the wholesaler, manufacturer, or distributor. [Pre-2008 Recodification Citation: 15-7-7-13.] As added by P.L.2-2008, SEC.3.

Sec. 14. This chapter does not require the repurchase of any of the following: (1) A repair part that has a limited storage life or is subject to deterioration, including rubber items, gaskets, batteries, solvents, and lubricants. (2) A single repair part that is priced as a set …

Sec. 15. A wholesaler, manufacturer, or distributor that fails or refuses to repurchase inventory as required under this chapter within ninety (90) days after the termination of a contract is liable in a civil action to the retailer for: (1) one hundred percent (100%) of the curr…

Sec. 16. (a) If a retailer: (1) is an individual who dies or is incapacitated; or (2) is a corporation that becomes insolvent; the retailer's heirs, personal representative, guardian, or receiver may compel a wholesaler, manufacturer, or distributor to repurchase the retailer's i…

Sec. 17. A retailer, wholesaler, manufacturer, or distributor may, in person or through a representative, inspect all inventory and certify its acceptability when it is packed for shipment to the wholesaler, manufacturer, or distributor for repurchase under this chapter. [Pre-200…

Sec. 2. As used in this chapter, "all terrain vehicle" has the meaning set forth in IC 14-8-2-5.7. [Pre-2008 Recodification Citation: 15-7-7-2.] As added by P.L.2-2008, SEC.3. Amended by P.L.86-2010, SEC.9.

Sec. 3. As used in this chapter, "current net price" means: (1) the price listed by a wholesaler, manufacturer, or distributor of inventory in effect at the time a contract is terminated; minus (2) an applicable trade or cash discount. [Pre-2008 Recodification Citation: 15-7-7-3.…

Sec. 4. (a) As used in this chapter, "farm or industrial machinery" means any of the following: (1) A farm implement. (2) A tractor. (3) Farm machinery. (4) Utility and industrial equipment. (5) Construction machinery, including a track and wheel tractor, a motor grader, and an e…

Sec. 5. As used in this chapter, "inventory" means farm or industrial machinery held by a retailer. [Pre-2008 Recodification Citation: 15-7-7-5.] As added by P.L.2-2008, SEC.3.

Sec. 6. As used in this chapter, "net cost" means: (1) the price a retailer paid to a wholesaler, manufacturer, or distributor for inventory; minus (2) any discounts, retainage, and prepaid freight or return freight. [Pre-2008 Recodification Citation: 15-7-7-6.] As added by P.L.2…

Sec. 7. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, a trust, or an unincorporated association. [Pre-2008 Recodification Citation: 15-7-7-7.] As added by P.L.2-2008, SEC.3.

Sec. 8. (a) As used in this chapter, "retailer" means a person engaged in the business of selling, at retail, farm or industrial machinery. (b) The term does not include a retail seller of: (1) petroleum products, if the sale of petroleum products is the primary purpose of the re…

Sec. 9. As used in this chapter, "retainage" refers to various purchase, invoice, and other discounts held by the supplier and due the retailer at a later time. [Pre-2008 Recodification Citation: 15-7-7-9.] As added by P.L.2-2008, SEC.3.

Sec. 1. The commission shall maintain and develop the: (1) fairgrounds; and (2) other property owned by the commission. [Pre-2008 Recodification Citation: 15-1.5-3-1.] As added by P.L.2-2008, SEC.4.

Sec. 10. (a) Promptly following the close of a fiscal year, the commission shall submit an annual report of the commission's activities for the preceding year to the: (1) governor; (2) budget committee; and (3) general assembly. (b) The annual report submitted under this section …

Sec. 11. (a) The commission may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, to solicit and accept private funding, gifts, donations, bequests, devises, and contributions. (b) A subs…

Sec. 2. The commission shall administer the: (1) fairgrounds; and (2) property owned by the commission; to provide for maximum use of the fairgrounds and property of the commission for the benefit of the citizens of Indiana. [Pre-2008 Recodification Citation: 15-1.5-3-2.] As adde…

Sec. 3. (a) The commission and board shall ensure that the fair is held annually. Holding the fair shall be given priority over all other activities by the commission during the period the fair is held. (b) In addition to holding the fair, the commission may: (1) hold expositions…

Sec. 4. (a) The commission may do the following: (1) Enter into contracts related to the commission's powers and duties under this article. (2) Receive gifts. (3) Charge admissions. (4) Purchase, lease, and sell real and personal property. (5) Make improvements to the fairgrounds…

Sec. 5. The commission may not permit unlawful activities to be conducted on any of the following: (1) The fairgrounds. (2) Property owned by the commission. [Pre-2008 Recodification Citation: 15-1.5-3-5.] As added by P.L.2-2008, SEC.4.

Sec. 6. The commission has complete control over the use of the: (1) fairgrounds; and (2) property owned by the commission. [Pre-2008 Recodification Citation: 15-1.5-3-6.] As added by P.L.2-2008, SEC.4.

Sec. 7. (a) The commission shall adopt a cost accounting system that is governed by generally accepted accounting principles. (b) The commission is subject to audit by the state board of accounts. [Pre-2008 Recodification Citation: 15-1.5-3-7.] As added by P.L.2-2008, SEC.4.…

Sec. 8. The commission shall adopt rules under IC 4-22-2 relating to the following: (1) Procurement of property. (2) Disposition of property owned by the commission. (3) Contracting procedures. [Pre-2008 Recodification Citation: 15-1.5-3-8.] As added by P.L.2-2008, SEC.4.…

Sec. 9. At the first meeting each year of the advisory committee, the commission shall report the following: (1) The activities of the commission during the previous calendar year. (2) The financial condition of the commission for the commission's most recently completed fiscal y…

Sec. 1. (a) If: (1) at least thirty (30) individuals who are residents of any county or a district containing two (2) Indiana counties have: (A) organized themselves into a society for the improvement of agriculture within the county or district; (B) adopted a constitution and by…

Sec. 2. (a) A county or district society formed under section 1 of this chapter shall annually offer and present cash awards for: (1) the improvement of soils, tillage, crops, and manures; (2) the improvement of stock and articles of domestic industry; and (3) other articles, pro…

Sec. 3. A society organized under section 1 of this chapter shall: (1) annually publish a list of the awards made by the society under section 2 of this chapter and a summary of the treasurer's account in a newspaper of the county or district; and (2) make a: (A) report of its pr…

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 le…

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 t…

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 …

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.

Sec. 1. (a) Except as provided in subsection (b), IC 15-16-2 applies to a licensee. (b) A licensee is not required to: (1) register tank mixed liquid fertilizer grades under IC 15-16-2-31; and (2) pay an inspection fee and file for a permit to report tonnage under IC 15-16-2-33 a…

Sec. 10. A license issued under this chapter shall be issued in the name of the person that distributes tank mixed liquid fertilizer at the location described under section 8(a)(2) of this chapter. [Pre-2008 Recodification Citation: 15-3-3.3-10.] As added by P.L.2-2008, SEC.7.…

Sec. 11. A license issued under this chapter: (1) expires December 31 of each year; and (2) may be renewed by the state chemist. [Pre-2008 Recodification Citation: 15-3-3.3-11.] As added by P.L.2-2008, SEC.7.

Sec. 12. A licensee shall display the name and address shown on a license issued under this chapter on labels and invoices for fertilizers distributed in Indiana by the licensee. [Pre-2008 Recodification Citation: 15-3-3.3-12.] As added by P.L.2-2008, SEC.7.

Sec. 13. A licensee shall inform the state chemist in writing of: (1) the addition of a location described under section 8(a)(2) of this chapter; and (2) a change in: (A) the name of the licensee's facilities; and (B) the principal personnel associated with the licensee; made dur…

Sec. 14. (a) A fertilizer distributed as part of lawn care service must: (1) be labeled under IC 15-16-2-32; and (2) include the name and address of the licensee distributing the fertilizer. (b) The information described under subsection (a) shall be supplied in written or printe…

Sec. 15. (a) A licensee that distributes or sells fertilizer to a person in Indiana shall furnish the state chemist with an annual report showing the: (1) quantity in tons; and (2) grade; of each fertilizer material used in tank mixed liquid fertilizer in each county. (b) A repor…

Sec. 16. (a) The state chemist shall annually record information concerning the sale of commercial fertilizers used for lawn care service based on the tonnage reports required under section 15 of this chapter. (b) An annual report issued under this section: (1) may be made availa…

Sec. 17. The state chemist, who may act through an agent authorized by the state chemist, shall do the following: (1) Administer this chapter. (2) Adopt rules under IC 4-22-2: (A) concerning the distribution of commercial fertilizers used in lawn care service; and (B) necessary t…

Sec. 18. (a) If: (1) a person applying for a license under this chapter uses fraudulent or deceptive practices to evade or attempt to evade compliance with this chapter or rules adopted under this chapter, the state chemist may refuse to issue a license to the person; or (2) a li…