Title 15, AGRICULTURE AND ANIMALS

Sec. 17. As used in this chapter, "pre-inoculated seed" means seed to which has been applied before sale an application of a legume inoculant to effectively nodulate the resultant plant until the expiration date of the inoculant. [Pre-2008 Recodification Citation: 15-4-1-3(u) par…

Sec. 18. As used in this chapter, "prohibited noxious weed seed" means: (1) the seeds of perennial weeds that not only reproduce by seed but also spread by underground roots, stems, and other reproductive parts; and (2) seeds, which when well established, are highly destructive a…

Sec. 19. As used in this chapter, "record" means all information relating to the shipment or distribution of a lot of seed. The term includes a file sample of each lot of seed. [Pre-2008 Recodification Citation: 15-4-1-3(h).] As added by P.L.2-2008, SEC.6.

Sec. 2. As used in this chapter, "agricultural seed" means the seeds of legume, grass, forage, cereal, fiber, field crops, or oil crops, including agricultural seeds listed in 7 CFR 201.2(h). The term includes other kinds of seeds commonly recognized in Indiana as agricultural se…

Sec. 2.5. As used in this chapter, "blend" refers to a mixture of varieties of a single kind, which may be labeled as such. As added by P.L.82-2026, SEC.2.

Sec. 20. As used in this chapter, "restricted noxious weed seed" means: (1) seeds of weeds that are very objectionable in fields, lawns, and gardens of Indiana; and (2) seeds of weeds that can be controlled by good cultural practices. [Pre-2008 Recodification Citation: 15-4-1-3(e…

Sec. 20.5. As used in this chapter, "special use permit" means authorization issued by the seed commissioner to a person subject to section 27(c) of this chapter for the use of seeds of plant species for the purpose of research, development, production, or education. As added by …

Sec. 21. As used in this chapter, "treated" refers to seed that has been subjected to an application of a substance or a process to: (1) reduce, control, or repel certain disease organisms, insects, or other pests attacking the seed or seedlings growing from the seed; or (2) chan…

Sec. 22. As used in this chapter, "type" means the general physiological and morphological characters common to a number of varieties, which varieties cannot be differentiated except under special conditions. [Pre-2008 Recodification Citation: 15-4-1-3(s).] As added by P.L.2-2008…

Sec. 23. As used in this chapter, "variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which a plant can be differentiated from other plants of the same kind. [Pre-2008 Recodification Citation: 15-4-1-3(k).] As a…

Sec. 23.5. As used in this chapter, "variety name" refers to the name of each variety of agricultural seed or vegetable seed as determined in 7 CFR 201.34(d). As added by P.L.82-2026, SEC.9.

Sec. 24. As used in this chapter, "vegetable seed" means the seeds: (1) of crops grown commercially or in home gardens; and (2) commonly known and sold in Indiana as vegetable seeds. The term includes vegetable seeds listed in 7 CFR 201.2(i) and agricultural seeds packaged and so…

Sec. 25. As used in this chapter, "weed seed" means the seeds of all plants commonly recognized as weeds in Indiana. The term includes noxious weed seeds. [Pre-2008 Recodification Citation: 15-4-1-3(d).] As added by P.L.2-2008, SEC.6.

Sec. 26. The state chemist is the state seed commissioner by virtue of office. [Pre-2008 Recodification Citation: 15-4-1-2.] As added by P.L.2-2008, SEC.6.

Sec. 27. (a) The state seed commissioner shall administer this chapter. The state seed commissioner may authorize an agent to act for the state seed commissioner under this chapter. (b) The state seed commissioner may do any of the following to administer this chapter: (1) Sample…

Sec. 28. (a) The state seed commissioner may by rule define seed labeling and testing terms in common usage such as "pure seed" and "germination". (b) A rule adopted by the state seed commissioner under this section must be based on published sources such as the rules of the Asso…

Sec. 29. (a) If any kind and variety of seed present in excess of five percent (5%) is "hybrid" seed, the seed must be designated "hybrid" on the label. (b) The percentage that is hybrid seed must be at least ninety-five percent (95%) of the percentage of pure seed shown unless t…

Sec. 3. As used in this chapter, "brand" means a word, name, term, sign, symbol, number, or design, used alone or in a combination, to identify the seed of one (1) person or a group of persons and to distinguish that seed from the seed of another person. [Pre-2008 Recodification …

Sec. 30. The label of seed that has been pre-inoculated must indicate that the seed has been pre-inoculated. [Pre-2008 Recodification Citation: 15-4-1-3(u) part.] As added by P.L.2-2008, SEC.6.

Sec. 30.5. A disclaimer, nonwarranty, or limited warranty used on any labeling or advertisement may not directly or indirectly deny or modify any information required by this chapter or a rule adopted under this chapter. As added by P.L.82-2026, SEC.14.

Sec. 31. (a) Sections 31.5, 32, and 33 of this chapter do not apply to the following: (1) Seed or grain not intended for seeding and sowing purposes. However, treated agricultural seed must be labeled in accordance with section 32 of this chapter when sold to any person for any p…

Sec. 31.5. (a) After a seed has been processed, the seed must be labeled before distribution to any person, including a wholesaler. (b) Labeling of seed supplied to a wholesaler may be by invoice or by an analysis tag attached to the invoice if each bag or other container is clea…

Sec. 32. (a) A container of agricultural seed of any size consisting of more than one (1) pound distributed in Indiana for sowing and seeding purposes must contain or have attached in a conspicuous place on the outside of the container a plainly written or printed tag or label in…

Sec. 32.5. (a) Any agricultural seed that remains in the inventory of a distributor after the germination test has expired must be removed from sale or relabeled. The new germination and hard seed claim, if applicable, along with the new germination test date updated on the origi…

Sec. 33. (a) For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices in containers that do not exceed one (1) pound, the labeling must include the following infor…

Sec. 33.2. (a) The name of a kind and variety of seed and any descriptive terms pertaining to the seed must be correctly represented in any labeling and advertisement of the seed. (b) The label for agricultural seed and vegetable seed must contain the required information, in any…

Sec. 33.4. (a) Except as provided in subsection (b), the name of each kind of agricultural seed or vegetable seed is the name associated with one (1) or more related species or subspecies which singly or collectively are: (1) allowed under 7 CFR 201.34; or (2) known by one (1) co…

Sec. 33.6. (a) When both a brand and variety name are stated, the following terms must be shown on the seed label in the following order from left to right or top to bottom: (1) The brand name. (2) The word "brand". (3) The variety name. (4) The kind name. (b) When a brand name i…

Sec. 34. (a) A person who distributes agricultural seed or vegetable seed in Indiana may apply to the state seed commissioner for a permit to use the person's own labeling, report the quantity of seed sold, and pay the inspection fee on the basis of the report. (b) In making appl…

Sec. 34.5. (a) The state seed commissioner shall charge the amount set forth in this section. (b) A person who distributes agricultural seed or vegetable seed in Indiana may apply to the state seed commissioner for a permit to use the person's own labeling, report the quantity of…

Sec. 35. (a) The state seed commissioner shall pay all fees collected under this chapter to the treasurer of Purdue University. (b) The board of trustees of Purdue University shall expend the fees on proper vouchers filed with the treasurer of Purdue University. The treasurer sha…

Sec. 36. (a) Each person whose name appears on the label as distributing agricultural seed or vegetable seed subject to this chapter shall do the following: (1) Keep for two (2) years complete records of each lot of agricultural seed or vegetable seed distributed. (2) Keep for on…

Sec. 38. (a) The state seed commissioner may file an action for the seizure of any lot of agricultural seed or vegetable seed that violates this chapter. (b) An action filed under this section must be filed in a court with jurisdiction in the locality in which the seed is located…

Sec. 39. (a) The state seed commissioner may apply for, and the court may grant, a temporary or permanent injunction to restrain a person from violating or continuing to violate this chapter, or a rule adopted under this chapter, notwithstanding the existence of other remedies at…

Sec. 4. As used in this chapter, "bulk lot" or "in bulk" refers to seed in an unpackaged form. The term does not include seed in bags. [Pre-2008 Recodification Citation: 15-4-1-3(q).] As added by P.L.2-2008, SEC.6.

Sec. 40. A person may not distribute agricultural seed or vegetable seed within Indiana if any of the following apply: (1) If the test to determine the percentage of germination (as defined by rule adopted under section 28 of this chapter) required by sections 32 and 33 of this c…

Sec. 41. A person may not do any of the following: (1) Detach, alter, deface, or destroy any label provided for in this chapter or the rules adopted under this chapter. (2) Alter or substitute seed in a manner that may defeat the purpose of this chapter. (3) Disseminate false or …

Sec. 42. Except as provided in section 39 of this chapter, a person who violates this chapter commits a Class C infraction. [Pre-2008 Recodification Citation: 15-4-1-12.] As added by P.L.2-2008, SEC.6.

Sec. 43. (a) Except as provided in subsection (c), a political subdivision (as defined in IC 36-1-2-13) may not regulate the advertising, labeling, distribution, sale, transportation, storage, or use of seed. (b) A political subdivision may, by resolution, petition the state seed…

Sec. 44. (a) In order to secure a representative sample, equal portions must be taken from evenly distributed parts of the quantity of seed or screenings to be sampled. Access must be available to all parts of the quantity of seed. When more than one (1) trierful of seed is drawn…

Sec. 45. Bulk seed or screenings must be sampled by inserting a long probe or inserting the hand into the bulk as circumstances require in at least seven (7) uniformly distributed parts of the quantity being sampled. At least as many trierfuls or handfuls must be taken as the min…

Sec. 46. (a) For lots of six (6) bags or less, each bag must be sampled. A total of at least five (5) trierfuls must be taken. (b) For lots of more than six (6) bags, five (5) bags plus at least ten percent (10%) of the number of bags in the lots must be sampled (rounding off num…

Sec. 47. In sampling seed in a small container where it is not practical to sample as required by section 46 of this chapter, a portion of one (1) unopened container or one (1) or more entire unopened containers may be taken to supply a minimum size sample. As added by P.L.82-202…

Sec. 5. As used in this chapter, "certifying agency" refers to either of the following: (1) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed. (2) An agency of a foreign country determined by the state seed co…

Sec. 5.5. As used in this chapter, "cool season lawn and turf grasses" includes: (1) Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, or creeping bentgrass; and (2) mixtures …

Sec. 6. As used in this chapter, "distribute" means to sell, offer to sell, barter, or supply or transport for sale agricultural seed or vegetable seed for sowing and seeding purposes in Indiana. [Pre-2008 Recodification Citation: 15-4-1-3(i).] As added by P.L.2-2008, SEC.6. Amen…