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.

Terms Used In Indiana Code 15-15-1-38

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Indiana Code 15-15-1-13
  • vegetable seed: means the seeds:

    Indiana Code 15-15-1-24

     (c) If the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, the seed shall be denatured, processed, destroyed, relabeled, or disposed of in compliance with Indiana law. The court may not order the disposition of the seed unless the claimant is given an opportunity to apply to the court for release of the seed or permission to process or relabel the seed to bring it into compliance with this chapter.

[Pre-2008 Recodification Citation: 15-4-1-10.]

As added by P.L.2-2008, SEC.6.