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 application for a permit under subsection (a), the distributor must agree to the following:

Terms Used In Indiana Code 15-15-1-34

  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • in bulk: refers to seed in an unpackaged form. See Indiana Code 15-15-1-4
  • 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. See Indiana Code 15-15-1-9
  • label: means the display or displays of written, printed, or graphic matter on or attached to a seed container or accompanying seed sold in bulk quantities. See Indiana Code 15-15-1-10
  • labeling: refers to the use of labels or other written, printed, or graphic representations in any form accompanying or associated with a lot of seed whether in bulk or in containers. See Indiana Code 15-15-1-11
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • 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. See Indiana Code 15-15-1-15.5
  • person: means an individual, a partnership, a company, or a corporation. See Indiana Code 15-15-1-16
  • vegetable seed: means the seeds:

    Indiana Code 15-15-1-24

(1) Label the seed with the information required by law.

(2) Keep the records the state seed commissioner considers necessary to indicate accurately the number and size of containers of each kind of agricultural and vegetable seed distributed and the quantity of such seed distributed in bulk.

(3) Grant the state seed commissioner or the state seed commissioner’s authorized representative permission to examine the records described in subdivision (2) and verify the statement of quantity of seed distributed.

(4) Report under oath to the state seed commissioner on forms furnished by the state seed commissioner the quantity of agricultural and vegetable seed sold during the period covered.

     (c) The state seed commissioner may grant a permit under subsection (a) if the state seed commissioner determines that the applicant’s proposed report of the quality of agricultural and vegetable seed sold will lead to efficient enforcement of this chapter. The state seed commissioner may revoke the permit at any time if it appears to the state seed commissioner that the distributor is not complying with the agreement described in subsection (b) or this chapter. If:

(1) the report is not filed and the inspection fee not paid before ten (10) days following the due date;

(2) the report of volume is false; or

(3) the labeling requirements of this chapter have not been complied with;

the state seed commissioner may revoke the permit. If the inspection fee is unpaid after the ten (10) day grace period, a penalty shall be assessed in the amount of ten percent (10%) in addition to the amount due.

     (d) The report of quantity sold required under subsection (b)(4) is due, and the inspection fees required under this chapter are payable, semiannually on the last day of the month following the end of the semiannual period. The first half reporting period ends June 30 and the second half reporting period ends December 31.

[Pre-2008 Recodification Citations: subsections (a), (b), (c), (d), (e), (f) formerly 15-4-1-13(a); subsection (g) formerly 15-4-1-13(b); subsections (h), (i), (j) formerly 15-4-1-13(c).]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.8; P.L.10-2022, SEC.2; P.L.33-2022, SEC.2.