Title 15, TITLE 15. AGRICULTURE AND ANIMALS

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…

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;…

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 count…

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.

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 act…

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 c…

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 sell…

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 doll…

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 p…

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.

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.

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 pa…

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.

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. 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…

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 st…

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.

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…

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.…

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. IC 15-15-5-4 "Arbitration" Sec. 4. As used in this…

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.

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.

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.

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.

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 Purdu…

Sec. 0.5. As used in this chapter, "adverse effect" has the meaning set forth in IC 15-16-4-3.5. As added by P.L.76-2021, SEC.3.

Sec. 1. As used in this chapter, "agricultural commodity" means any plant or part of a plant and animals or animal products produced primarily for sale, consumption, propagation, or other use by humans or animals. [Pre-2008 Recodification Citation: 15-3-3.6-2(1).] As added by P.L…

Sec. 10. As used in this chapter, "device" has the meaning set forth in IC 15-16-4-10. [Pre-2008 Recodification Citation: 15-3-3.6-2(10).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.14.

Sec. 11. As used in this chapter, "distribute" means to offer for sale, sell, exchange, or barter, or supply or offer to supply a pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(11).] As added by P.L.2-2008, SEC.7.

Sec. 12. As used in this chapter, "environment" includes water, air, land, and all plants and humans and other animals living in water, air, or on land and the interrelationships that exist among these. [Pre-2008 Recodification Citation: 15-3-3.6-2(12).] As added by P.L.2-2008, S…

Sec. 13. As used in this chapter, "equipment" means any type of ground, water, or aerial apparatus or contrivance using motorized, mechanical, or pressurized power to apply any pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(13).] As added by P.L.2-2008, SEC.7.

Sec. 14. As used in this chapter, "fungus" means any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, including: (1) rust; (2) smut; (3) mildew; (4) mold; (5) yeast; and (6) bacteria; except those on or in living humans or other animals, and those on or i…

Sec. 15. As used in this chapter, "insect" means any small invertebrate animal: (1) generally having the body more or less obviously segmented; (2) for the most part belonging to the class Insecta; and (3) comprising: (A) six (6) legged usually winged forms, including beetles, bu…

Sec. 16. As used in this chapter, "licensed applicator for hire" means any licensed certified commercial applicator who is employed by a licensed pesticide business to use or to supervise the use of any pesticide product on the property of another and who has assumed direct respo…

Sec. 17. As used in this chapter, "licensed applicator not for hire" means a licensed certified commercial applicator who is employed by a private employer to use or supervise the use of a restricted use pesticide only on the property of the employer. The term includes a commerci…

Sec. 18. As used in this chapter, "licensed pest inspector" means an individual licensed under this chapter to make diagnostic inspections or reports to determine infestations of wood destroying pests on the property of another person and meets the requirements under section 58 o…

Sec. 19. As used in this chapter, "licensed pesticide business" means any licensed person that owns, operates, or manages a business that is engaged in or professes to be engaged in: (1) using any pesticide product, including restricted use pesticides; or (2) making diagnostic in…

Sec. 2. As used in this chapter, "animal" means all vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. [Pre-2008 Recodification Citation: 15-3-3.6-2(2).] As added by P.L.2-2008, SEC.7.

Sec. 20. As used in this chapter, "licensed public applicator" means a licensed certified commercial applicator who uses or supervises the use of a restricted use pesticide as an employee of a state agency, municipal corporation, or other governmental agency. The term includes a …

Sec. 21. As used in this chapter, "nematode", commonly known as a nema or an eelworm, means an invertebrate animal of the phylum nemathelminthes and class nematoda that is an unsegmented roundworm: (1) with an elongated, fusiform, or saclike body covered with cuticle; and (2) tha…

Sec. 22. As used in this chapter, "permit" means a written certificate issued by the state chemist or the state chemist's agent to a private applicator, authorizing the purchase, possession, or use of restricted use pesticides. [Pre-2008 Recodification Citation: 15-3-3.6-2(20).] …

Sec. 23. As used in this chapter, "person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. [Pre-2008 Recodification Citation: 15-3-3.6-2(21).] As added by P.L.2-2008, SEC.7.

Sec. 24. As used in this chapter, "pest" means: (1) any insect, rodent, nematode, fungus, or weed; or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living hu…

Sec. 25. As used in this chapter, "pesticide" means: (1) any substance or mixture of substances intended for: (A) preventing; (B) destroying; (C) repelling; or (D) mitigating; a pest; or (2) any substance or mixture of substances intended for use as a: (A) plant regulator; (B) de…

Sec. 26. As used in this chapter, "pesticide consultant" means a person engaged in the retail sale of pesticides who: (1) offers or supplies technical advice to; (2) aids; or (3) makes recommendations to; another person concerning the use of a pesticide as part of business. [Pre-…

Sec. 27. As used in this chapter, "pesticide formulation" means a pesticide product comprised of all active ingredients and inert ingredients. [Pre-2008 Recodification Citation: 15-3-3.6-2(34).] As added by P.L.2-2008, SEC.7.

Sec. 28. As used in this chapter, "pesticide product" means a pesticide or device offered for distribution or use, including any labeling. [Pre-2008 Recodification Citation: 15-3-3.6-2(35).] As added by P.L.2-2008, SEC.7.

Sec. 29. As used in this chapter, "plant regulator" has the meaning set forth in IC 15-16-4-34. [Pre-2008 Recodification Citation: 15-3-3.6-2(24).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.17.

Sec. 3. As used in this chapter, "beneficial insects" means insects that, during some part of their life cycles, are effective pollinators of plants, are parasites or predators of pests, or are useful to humans. [Pre-2008 Recodification Citation: 15-3-3.6-2(3).] As added by P.L.2…

Sec. 30. As used in this chapter, "private applicator" means a certified applicator who uses or supervises the use of pesticides for purposes of producing any agricultural commodity on property owned, rented, or managed by the employer or the applicator, if applied without compen…