Sec. 15. (a) Except as provided in subsection (b), the dean of agriculture shall collect the fee imposed under the commodity market development program from the producers, handlers, or processors.

     (b) This subsection applies to a commodity market development program for cattle, dairy products, or soybeans. The dean of agriculture shall collect ninety-seven percent (97%) of the fee imposed under the commodity market development program from the producers, handlers, or processors. A producer, handler, or processor may retain the remaining three percent (3%) as compensation for collecting the fee.

Terms Used In Indiana Code 15-15-11-15

  • agricultural commodity: means poultry, poultry products, cattle, dairy products, sheep, wool, goats, mint, soybeans, wheat, or small grains. See Indiana Code 15-15-11-1
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • commodity market development council: refers to a group representative of the agricultural commodity. See Indiana Code 15-15-11-3
  • dean of agriculture: refers to the dean of the college of agriculture of Purdue University. See Indiana Code 15-15-11-4
  • handler: means a person who engages in the selling, marketing, or distribution of an agricultural commodity that the person:

    Indiana Code 15-15-11-6

  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • processor: means a person engaged in the receiving, grading, packing, canning, freezing, drying, or other methods of preparation for market of agricultural commodities produced in Indiana for sale. See Indiana Code 15-15-11-7
  • producer: means an individual, a firm, a limited liability company, a corporation, a partnership, or an unincorporated association engaged in Indiana in the business of producing for market or receiving income from an agricultural commodity in commercial quantities. See Indiana Code 15-15-11-8
     (c) If a market development fee is unpaid on the date that the fee was due, a penalty of one percent (1%) per month is imposed beginning on the date the fee was due until payment plus the penalty is received by the dean of agriculture. If, after notice, a person defaults in a payment of the fee or penalties imposed under this subsection, the amount due shall be collected by civil action in the name of the state of Indiana at the request of the dean of agriculture, and the person adjudged in default shall pay the costs of the action. The attorney general, at the request of the dean of agriculture, and, if requested by the attorney general, the prosecuting attorney of any county, in which a cause of action arose under the provisions for the collection of fees due and unpaid, shall institute proper action in an Indiana court for the collection of unpaid fees and penalties.

     (d) The individual commodity council market development fund is established. The fund consists of all fees paid to the dean of agriculture under that agricultural commodity program. The dean of agriculture shall spend all money credited to the fund, less administration expenses, for the use and benefit of the commodity market development council for which the fund is established.

     (e) The dean of agriculture shall submit an annual statement to the commodity market development council that shows all receipts, administration expenses, refunds, and the balance credited to the fund.

     (f) Not more than one (1) fee may be collected for an agricultural commodity under this chapter.

[Pre-2008 Recodification Citation: 15-4-3.5-7.]

As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.5.

  Previous section
Next section  
 Chapter 11 Contents