Title 15, TITLE 15. AGRICULTURE AND ANIMALS

Sec. 15. As used in this chapter, "percent" or "percentage" refers to the percentage by weight. [Pre-2008 Recodification Citation: 15-4-1-3(n).] As added by P.L.2-2008, SEC.6.

Sec. 15.5. As used in this chapter, "permit" means a written authorization granted by the seed commissioner and required under this chapter before a person may distribute agricultural or vegetable seed in Indiana subject to this chapter. As added by P.L.75-2010, SEC.3.

Sec. 16. As used in this chapter, "person" means an individual, a partnership, a company, or a corporation. [Pre-2008 Recodification Citation: 15-4-1-3(a).] As added by P.L.2-2008, SEC.6.

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, or oil crops. The term includes other kinds of seeds commonly recognized in Indiana as agricultural seeds, lawn seeds, and mixtures of such seeds. [Pre-2008 Recodificatio…

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. 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. [Pre-2008 Recodification Citation: 15-4-1-3(c).] As added by P.L.2-2008, SEC.6.

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. The state seed commissioner may, by rule, define controlled conditions and satisfactory purity for the production of hybrid seed of any kind. A hybrid designation shall be treated as a variety name. [Pre-2008 Recodification Citation: 15-4-1-3(m) part.] As added by P.L.2-…

Sec. 3. As used in this chapter, "brand" means a word, name, number, or design used to identify seed of one (1) person to distinguish it from seed of another person. [Pre-2008 Recodification Citation: 15-4-1-3(x).] As added by P.L.2-2008, SEC.6.

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. 31. (a) Sections 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 purpose …

purchase 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…

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. 34. (a) A person who distributes agricultural 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 applicati…

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 or vegetable seed subject to this chapter shall do the following: (1) Keep for two (2) years complete records of each lot of agricultural or vegetable seed distributed. (2) Keep for one (1) year…

[Pre-2008 Recodification Citation: 15-4-1-14.] As added by P.L.2-2008, SEC.6. Repealed by P.L.60-2015, SEC.2.

seed Sec. 38. (a) The state seed commissioner may file an action for the seizure of any lot of agricultural 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 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 chapte…

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.

hearing 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 st…

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 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.

Sec. 7. As used in this chapter, "effective", as applied to inoculants, means that under laboratory tests at least two (2) nodules must be produced on or adjacent to the primary root on at least sixty-six percent (66%) of the plants in the test. [Pre-2008 Recodification Citation:…

Sec. 8. As used in this chapter, "hybrid" means the first generation of a cross made under controlled conditions between strains of different parentage and of satisfactory purity. [Pre-2008 Recodification Citation: 15-4-1-3(m) part.] As added by P.L.2-2008, SEC.6.

Sec. 9. As used in this chapter, "kind" means one (1) or more related species or subspecies of plant that singly or collectively are known by one (1) common name, including corn, oats, alfalfa, and timothy. [Pre-2008 Recodification Citation: 15-4-1-3(j).] As added by P.L.2-2008, …

Sec. 1. Except as otherwise provided in this chapter, this chapter applies to: (1) every facility for the distribution of ammonia or ammonia solutions; and (2) every facility for the storage of ammonia or ammonia solutions; that is located in Indiana. [Pre-2008 Recodification Cit…

Sec. 10. (a) Except as provided in subsection (d), the state chemist shall adopt rules establishing the minimum safety standards for the design, construction, location, installation, and operation of equipment for storage, handling, use, and transportation (not otherwise regulate…

Sec. 11. All equipment for the storage, handling, distribution, and use of ammonia or ammonia solutions must be installed and maintained: (1) in a safe operating condition; and (2) in conformity with the rules adopted under section 10 of this chapter. [Pre-2008 Recodification Cit…

Sec. 12. (a) If the state chemist or the state chemist's agent finds a violation of this chapter or the rules adopted under this chapter, the state chemist or the state chemist's agent may issue an order to the owner, the owner's agent, or the operator of the facility or equipmen…

Sec. 13. A person may not: (1) install: (A) a facility for the distribution of ammonia or ammonia solutions; or (B) a facility for the storage of ammonia or ammonia solutions; without first obtaining written approval of the state chemist for the location of the facility; (2) dist…

Sec. 14. (a) If a person violates this chapter or a rule adopted under this chapter, the state chemist may: (1) warn, issue a citation to, or impose a civil penalty on the person; or (2) deny, suspend, revoke, or amend the person's license, certificate, registration, permit, or a…

Sec. 15. In addition to any other remedy provided by law, the state chemist may apply for a temporary or permanent injunction restraining a person from violating or continuing to violate this chapter or any rule adopted under this chapter. An injunction shall be issued without bo…

Sec. 16. The state chemist may request a court to issue subpoenas to compel: (1) the attendance of witnesses; or (2) the production of books, documents, and records; as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege grante…

Sec. 2. As used in this chapter, "ammonia" means anhydrous ammonia (NH3) that is intended for use as a fertilizer for agricultural purposes. [Pre-2008 Recodification Citation: 15-3-2-3(a).] As added by P.L.2-2008, SEC.7. Amended by P.L.143-2017, SEC.2.

Sec. 3. As used in this chapter, "ammonia solution" means an agricultural ammonia solution that: (1) contains by weight at least ten per cent (10%) free ammonia; or (2) has a vapor pressure of at least one (1) pound per square inch gauge (PSIG) at one hundred four (104) degrees F…