Title 15, AGRICULTURE AND ANIMALS

Sec. 10. (a) The commission shall employ an executive director who is the chief administrative officer of the commission. (b) The executive director shall implement the policies of the commission and board. (c) The commission may delegate to the executive director any of the comm…

Sec. 11. The executive director may hire staff for the commission. [Pre-2008 Recodification Citation: 15-1.5-2-10.] As added by P.L.2-2008, SEC.4.

Sec. 12. The executive director may delegate a power or duty of the executive director to a member of the staff. [Pre-2008 Recodification Citation: 15-1.5-2-11.] As added by P.L.2-2008, SEC.4.

Sec. 14. The commission shall pay the expenses of the commission from the money of the commission, including the fund. [Pre-2008 Recodification Citation: 15-1.5-2-12.] As added by P.L.2-2008, SEC.4.

Sec. 15. (a) Before the issuance of any bonds under this chapter: (1) the executive director of the commission; (2) each member of the commission; and (3) any other employee or agent of the commission authorized by resolution of the commission to handle funds or sign checks; shal…

Sec. 2. (a) The commission consists of the following members: (1) Five (5) members appointed by the governor. (2) The presiding officer of the board. (3) The director of the Indiana state department of agriculture appointed under IC 15-11-3-1 or the director's designee. (4) The d…

Sec. 3. (a) Except as provided in subsection (d), the term of an individual appointed under section 2(a)(1) of this chapter begins on the later of the following: (1) October 1 after the expiration of the term of the member whom the individual is appointed to succeed. (2) The day …

Sec. 4. (a) The governor shall appoint an individual qualified under sections 2 and 3 of this chapter to fill a vacancy on the commission. (b) An individual appointed by the governor under subsection (a) serves the remainder of the unexpired term of the member the individual repl…

Sec. 5. (a) The governor shall appoint a member appointed under section 2(a)(1) of this chapter to be the presiding officer of the commission. The presiding officer of the commission serves until the earlier of the following: (1) The member's term expires. (2) The member is repla…

Sec. 6. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred i…

Sec. 7. A majority of the members of the commission constitutes a quorum for the transaction of business. [Pre-2008 Recodification Citation: 15-1.5-2-13.] As added by P.L.2-2008, SEC.4.

Sec. 8. The commission shall administer this article. [Pre-2008 Recodification Citation: 15-1.5-2-7.] As added by P.L.2-2008, SEC.4.

Sec. 9. The commission may adopt rules under IC 4-22-2 to implement this article. [Pre-2008 Recodification Citation: 15-1.5-2-8.] As added by P.L.2-2008, SEC.4.

Sec. 1. (a) A state, district, or county society of persons associated for horticultural purposes may incorporate in the following manner: (1) A state horticultural society may incorporate by depositing a certified copy of the society's articles of association, with its name and …

Sec. 2. (a) The state horticultural association organized under section 1 of this chapter shall hold, in Indianapolis or another location in Indiana to be selected by the association at the preceding meeting, an annual meeting, for the purpose of deliberating and consulting as to…

Sec. 3. (a) When the state horticultural association has complied with this chapter, the association is entitled to the occupancy and use of any unappropriated room in the state capitol or other building used or occupied by the state. (b) The room described in subsection (a) shal…

Sec. 1. This chapter does not apply to commercial fertilizers, barnyard manure, marl, lime, wood ashes, or plaster. [Pre-2008 Recodification Citation: 15-4-4-9.] As added by P.L.2-2008, SEC.6.

Sec. 2. As used in this chapter, "person" means an individual, a firm, a limited liability company, a corporation, a trustee, a receiver, or an assignee for the benefit of creditors. [Pre-2008 Recodification Citation: 15-4-4-10.] As added by P.L.2-2008, SEC.6.

Sec. 3. (a) Before pure or mixed cultures of microorganisms or materials used for promoting plant growth are sold or offered for sale in Indiana, the manufacturer, dealer, importer, agent, or person that causes the materials to be sold, offered for sale, or provided by sample sha…

Sec. 4. A person who manufactures, offers for sale, sells, displays for sale, or provides by sample, a pure or mixed culture of microorganisms or materials used for promoting plant growth shall affix or cause to be affixed, in a conspicuous place on the outside of every package o…

Sec. 5. (a) A person that: (1) offers for sale, sells, or provides by sample a package, a sample, or a quantity of a pure or mixed culture of microorganisms or materials used for promoting plant growth to which the label prescribed by section 4 of this chapter is not affixed; (2)…

Sec. 6. (a) The state chemist shall charge, collect, and receive a minimum fee of twenty-five dollars ($25): (1) at the time of registering a pure or mixed culture of microorganisms or materials described in section 3 of this chapter for each material or culture registered; and (…

Sec. 7. (a) The state chemist or a person deputized by the state chemist may procure a suitable sample from any lot, parcel, or package of pure or mixed cultures of microorganisms or materials used for promoting plant growth that is offered for sale or found in Indiana. (b) A sam…

Sec. 8. A person who prevents the state chemist or a person deputized by the state chemist from inspecting and obtaining samples of pure or mixed cultures of microorganisms or materials as provided in this chapter commits a Class C infraction. [Pre-2008 Recodification Citation: 1…

Sec. 9. (a) The state chemist may: (1) prescribe and enforce rules necessary to implement this chapter; (2) refuse to issue a permit; or (3) refuse to register or cancel the registration of any product used for promoting plant growth or any pure or mixed cultures of microorganism…

Sec. 0.5. Nothing in this chapter impairs any authority granted to the Indiana department of environmental management under IC 13-13-5-1(1). As added by P.L.98-2026, SEC.3.

Sec. 1. Because the department of biochemistry at Purdue University is particularly conversant with the purpose and procedures provided by this chapter, the general assembly desires that the governor appoint a professor of biochemistry at Purdue University as the state chemist. […

Sec. 2. This chapter may not be construed: (1) to restrict or avoid sales or exchanges of commercial fertilizers among importers, manufacturers, or blenders who mix commercial fertilizer for sale; or (2) as preventing the free and unrestricted shipments of commercial fertilizers …

Sec. 24. (a) The office of state chemist is established. (b) The governor shall appoint the state chemist, who serves at the pleasure of the governor. (c) The state chemist shall administer this chapter. (d) The state chemist may designate an agent to discharge duties imposed on …

Sec. 25. (a) The Indiana fertilizer advisory board is established to: (1) study the regulation of fertilizer material; (2) recommend changes to the schedule of civil penalties; and (3) advise the state chemist on the administration of this chapter. (b) The board consists of the f…

Sec. 26. (a) The state chemist may remove a voting member of the board for cause before the expiration of the member's term. (b) Vacancies created by the death, resignation, or removal for cause of a member of the board must be filled in the manner prescribed for appointment to t…

Sec. 27. The board shall elect one (1) of its voting members chairperson to serve for a term of two (2) years, unless the chairperson's appointment expires before the expiration of the term, in which case the term is for the duration of the chairperson's appointment. [Pre-2008 Re…

Sec. 28. The board shall invite nonvoting members to serve at the pleasure of the board. [Pre-2008 Recodification Citation: 15-3-3-17(k).] As added by P.L.2-2008, SEC.7.

Sec. 29. (a) The board may meet at times specified by the chairperson or by a majority of the board, but shall meet at least once a year. (b) Five (5) voting members of the board constitutes a quorum. Official actions require a majority of the voting members. The chairperson may …

Sec. 3.5. (a) Except as provided in subsection (b), this chapter applies to any person that: (1) uses fertilizer material for hire on the property of another person for purposes of producing an agricultural crop; (2) uses organic fertilizer from a confined feeding operation for p…

Sec. 30. (a) Each member of the board who is not a state employee is entitled to receive both: (1) the minimum salary per diem; and (2) reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties; as provided in the Purdue Univers…

Sec. 31. (a) Before distributing commercial fertilizer in Indiana, the person whose name appears on the label of each brand and grade of the commercial fertilizer must submit: (1) an application for registration to the state chemist on a form furnished by the state chemist; and (…

Sec. 31.5. (a) Additional plant nutrients besides nitrogen (N), phosphate (P2O5), and soluble potash (K2O), when mentioned or claimed on the: (1) tag or label; (2) container; or (3) written or printed statement that accompanies delivery; must be registered and guaranteed under se…

Sec. 31.7. (a) When an insecticide, a herbicide, or any other additive for pest control is added to fertilizer the product must be registered and guaranteed with respect to the kind and percentage of each insecticide, herbicide, and additive and each plant food element. (b) The l…

Sec. 32. (a) The bag or other container in which any commercial fertilizer is offered for sale, sold, or distributed in Indiana must have a written or printed statement of the net weight and the information required by section 31 of this chapter directly on or affixed to the pack…

Sec. 33. (a) Except as provided in subsection (c), a person who distributes commercial fertilizers: (1) in bulk; or (2) in packages weighing more than twelve (12) pounds; in Indiana to a person who is not a registrant or permit holder under this chapter shall pay to the state che…

Sec. 34. (a) Each registrant shall apply to the state chemist for a permit to report the tonnage of commercial fertilizer sold and pay the inspection fee of forty-five cents ($0.45) per ton on the basis of the report. In making the application, the registrant must agree to the fo…

Sec. 35. (a) The state chemist shall pay to the treasurer of Purdue University all inspection fees collected under this chapter. (b) Inspection fees collected under this chapter must be used to pay all necessary expenses incurred in carrying out this chapter, including the follow…

Sec. 36. (a) Notwithstanding any other law, all excess funds accumulated from the fees collected by: (1) the state chemist, under this chapter, IC 15-15-2, IC 15-16-2.5, IC 15-16-4, IC 15-16-5, and IC 15-19-7; and (2) the state seed commissioner under IC 15-15-1 and IC 15-15-13; …

Sec. 37. (a) The state chemist shall publish at least annually in a form that the state chemist considers proper, information concerning the following: (1) The sales of commercial fertilizers, including any data on sales that the state chemist considers advisable. (2) The results…

Sec. 38. (a) The state chemist shall: (1) sample, inspect, make analysis of, and test commercial fertilizers distributed within Indiana; and (2) inspect the storage of bulk fertilizers in Indiana at a time and place and to such an extent as necessary to determine whether the bulk…