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 chapter has not been completed within a twelve (12) month period, not including the calendar month in which the test was completed immediately before distribution. However, the state seed commissioner may by rule designate:

Terms Used In Indiana Code 15-15-1-40

  • 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. See Indiana Code 15-15-1-6
  • 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
  • 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
  • noxious weed seed: means either of the following:

    Indiana Code 15-15-1-14

  • percentage: refers to the percentage by weight. See Indiana Code 15-15-1-15
  • person: means an individual, a partnership, a company, or a corporation. See Indiana Code 15-15-1-16
  • 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. See Indiana Code 15-15-1-17
  • restricted noxious weed seed: means :

    Indiana Code 15-15-1-20

  • vegetable seed: means the seeds:

    Indiana Code 15-15-1-24

  • weed seed: means the seeds of all plants commonly recognized as weeds in Indiana. See Indiana Code 15-15-1-25
(A) a shorter period for a kind of agricultural or vegetable seed that the state seed commissioner finds under ordinary conditions of handling will not maintain, during a twelve (12) month period, a germination within the established tolerance limits; or

(B) a longer period for a kind of agricultural or vegetable seed that is packaged in such container materials and under such conditions prescribed by the state seed commissioner that the state seed commissioner finds will, during the longer period, maintain the viability of the seed under ordinary conditions of handling.

(2) If the seed is not labeled in accordance with this chapter.

(3) If the seed carries labeling that is false or misleading in any particular.

(4) If the seed contains or consists of prohibited noxious weed seed.

(5) If the seed consists of or contains restricted noxious weed seed in excess of one-fourth of one percent (0.25%). If less than one-fourth of one percent (0.25%) of weed seed by weight is present, the number per pound must be declared on the labeling.

(6) If the seed contains more than two and one-half percent (2.5%) of all weed seed.

(7) If the seed is represented to be “certified seed”, “registered seed”, or “foundation seed”, the seed has not been produced and labeled in accordance with the procedures and in compliance with rules of an official or officially recognized seed certification or registration agency.

(8) If the inoculant applied to pre-inoculated seed is ineffective as determined by standards established by rule.

[Pre-2008 Recodification Citation: 15-4-1-6(a).]

As added by P.L.2-2008, SEC.6. Amended by P.L.17-2014, SEC.1.

  Previous section
Next section  
 Chapter 1 Contents