Title 15, TITLE 15. AGRICULTURE AND ANIMALS

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…

Sec. 4. As used in this chapter, "council" refers to the Indiana corn marketing council established by section 17 of this chapter. [Pre-2008 Recodification Citation: 15-4-10-3.] As added by P.L.2-2008, SEC.6.

Sec. 5. As used in this chapter, "dean of agriculture" refers to the dean of agriculture of Purdue University. [Pre-2008 Recodification Citation: 15-4-10-3.5.] As added by P.L.2-2008, SEC.6.

Sec. 6. As used in this chapter, "director" refers to the director of the Indiana state department of agriculture or the person designated by the director of the Indiana state department of agriculture to carry out duties imposed on the director of the Indiana state department of…

Sec. 7. As used in this chapter, "first purchase" means a sale of corn at the first point of delivery when the corn is weighed and graded and title to the corn is transferred. [Pre-2008 Recodification Citation: 15-4-10-5.] As added by P.L.2-2008, SEC.6.

Sec. 8. (a) As used in this chapter, "first purchaser" means a person who is engaged in Indiana in the business of buying corn from producers. The term refers to a person buying or acquiring corn from: (1) the producer of the corn; or (2) the Commodity Credit Corporation, if the …

Sec. 9. As used in this chapter "grain" has the meaning set forth in IC 26-4-1-13. [Pre-2008 Recodification Citation: 15-4-10-6.5.] As added by P.L.2-2008, SEC.6.

Sec. 1. (a) A person may not use, offer for sale or exchange, or distribute any substance for the prevention or treatment of a contagious or infectious disease that: (1) contains living germs in a virulent or attenuated state; and (2) may at any time cause an outbreak of a contag…

Sec. 2. (a) A person may not manufacture, sell, offer for sale, or distribute within Indiana a biological product for use on an animal unless the biological product is produced at an establishment that is: (1) licensed by the United States Department of Agriculture, as provided i…

Sec. 3. A serum, virus, vaccine, or other remedy may not be produced at an establishment that is within four thousand (4,000) feet from any of the following: (1) A public stockyard where a public livestock market is maintained. (2) A garbage disposal or rendering plant where garb…

Sec. 4. (a) Only vaccines produced at establishments: (1) licensed under the federal Virus-Serum-Toxin Act (21 U.S.C. 151 through 21 U.S.C. 158); or (2) in Indiana and approved by the board; may be administered to animals in Indiana. (b) The serial number and the date of expirati…

Sec. 0.5. The state seed commissioner shall administer this chapter. As added by P.L.165-2014, SEC.1.

Sec. 1. (a) Nothing in this chapter authorizes any person to violate any federal law or regulation. (b) Nothing in this chapter authorizes the state seed commissioner to regulate a hemp product. As added by P.L.165-2014, SEC.1. Amended by P.L.190-2019, SEC.2.

Sec. 10. The amount of any fees charged growers and handlers by the state seed commissioner under this chapter must be sufficient to cover the cost of the administration of this chapter, including the cost of conducting audits and testing. As added by P.L.165-2014, SEC.1.

Sec. 11. Only a hemp licensee, the licensee's designee, or the licensee's agents may be permitted to transport hemp off a production site. When transporting hemp off the production site, the hemp licensee, designee, or agent shall have in the licensee's, designee's, or agent's po…

Sec. 12. The state seed commissioner is responsible for the following: (1) Monitoring the hemp grown by any license holder. (2) Conducting random testing of the hemp for compliance with tetrahydrocannabinol (THC) levels. The state seed commissioner may enter into agreements with …

Sec. 13. (a) Subject to section 13.5 of this chapter, in addition to any other liability or penalty provided by law, the state seed commissioner may revoke or refuse to issue or renew a hemp license or an agricultural hemp seed production license and may impose a civil penalty fo…

Sec. 13.5. (a) Except as provided in subsection (b), the state seed commissioner shall give a person who negligently violates this chapter a reasonable time, determined by the state seed commissioner, to correct the violation without imposing a penalty under section 13 of this ch…

Sec. 14. (a) The state seed commissioner shall adopt rules under IC 4-22-2 to implement and administer this chapter. (b) The state seed commissioner may adopt emergency rules in the manner provided under IC 4-22-2-37.1 to comply with any federal requirement under the Agriculture …

Sec. 15. Before December 31, 2019, the state seed commissioner, after consultation with the governor, the director of the state department of agriculture, and the superintendent of the state police department, shall submit a plan that monitors and regulates the production of hemp…

Sec. 16. (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…