Terms Used In Indiana Code > Title 15 > Article 15 - Horticulture Products

• Advisory body: means an authority, a board, a commission, a committee, a task force, or other body designated by any name of the executive department that is authorized only to make nonbinding recommendations. See Indiana Code 4-2-6-1
• Agency: means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. See Indiana Code 4-2-6-1
• 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
• agricultural hemp seed: means Cannabis sativa seed that meets any labeling, quality, and other standards set by the state seed commissioner and that is intended for sale or is sold to, or purchased by, licensed growers for planting. See Indiana Code 15-15-13-2
• agricultural or vegetable seeds: refers to :

  Indiana Code 15-15-5-3

• agricultural seed: means the seeds of legume, grass, forage, cereal, fiber, or oil crops. See Indiana Code 15-15-1-2
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appointing authority: means the following:

  Indiana Code 4-2-6-1

• arbitration: refers to arbitration conducted under this chapter. See Indiana Code 15-15-5-4
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assist: means to:

  Indiana Code 4-2-6-1

• 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
• brand: means a word, name, number, or design used to identify seed of one (1) person to distinguish it from seed of another person. See Indiana Code 15-15-1-3
• bushel: means fifty-six (56) pounds of corn by weight. See Indiana Code 15-15-12-2
• Business relationship: includes the following:

  Indiana Code 4-2-6-1

• buyer: means a buyer of:

  Indiana Code 15-15-5-5

• buyer of grain: means a person, firm, limited liability company, or corporation regularly engaged in the business of buying grain or seed produced on a farm in Indiana. See Indiana Code 15-15-3-1
• Commission: refers to the state ethics commission created under section 2 of this chapter. See Indiana Code 4-2-6-1
• commissioner: refers to the state seed commissioner. See Indiana Code 15-15-5-6
• commodity market development council: refers to a group representative of the agricultural commodity. See Indiana Code 15-15-11-3
• Compensation: means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another. See Indiana Code 4-2-6-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• cool season lawn and turf grasses: includes :

  Indiana Code 15-15-1-5.5

• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• council: refers to the Indiana seed arbitration council established by section 9 of this chapter. See Indiana Code 15-15-5-7
• council: refers to the Indiana corn marketing council established by section 17 of this chapter. See Indiana Code 15-15-12-4
• Counterclaim: A claim that a defendant makes against a plaintiff.
• crop: means any hemp grown under a single license. See Indiana Code 15-15-13-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dean of agriculture: refers to the dean of the college of agriculture of Purdue University. See Indiana Code 15-15-11-4
• dean of agriculture: refers to the dean of agriculture of Purdue University. See Indiana Code 15-15-12-5
• director: refers to the director of the department of agriculture. See Indiana Code 15-15-11-5
• director: refers to the director of the Indiana state department of agriculture or the person designated by the director of the Indiana state department of agriculture to carry out duties imposed on the director of the Indiana state department of agriculture under this chapter. See Indiana Code 15-15-12-6
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• Employee: means an individual, other than a state officer, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. See Indiana Code 4-2-6-1
• Employer: means any person from whom a state officer or employee or the officer's or employee's spouse received compensation. See Indiana Code 4-2-6-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• farmer: refers to a person who is engaged in commercial farming and who plants seed in Indiana under a seed contract to grow a commercial crop. See Indiana Code 15-15-7-3
• Fiduciary: A trustee, executor, or administrator.
• Financial interest: means an interest:

  Indiana Code 4-2-6-1

• first purchaser: means a person who is engaged in Indiana in the business of buying corn from producers. See Indiana Code 15-15-12-8
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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}
• grower: means :

  Indiana Code 15-15-13-4

• 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

• handler: means an individual, a partnership, a company, or a corporation that receives hemp for scientific research, or for processing into commodities, hemp products, or agricultural hemp seed. See Indiana Code 15-15-13-5
• hemp: means the plant Cannabis sativa L. See Indiana Code 15-15-13-6
• hybrid: means the first generation of a cross made under controlled conditions between strains of different parentage and of satisfactory purity. See Indiana Code 15-15-1-8
• in bulk: refers to seed in an unpackaged form. See Indiana Code 15-15-1-4
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Information of a confidential nature: means information:

  Indiana Code 4-2-6-1

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• 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.
• 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
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• legume inoculant: means a pure or mixed culture of bacteria of the genus Rhizobium capable of effectively inoculating a specific kind or specific kinds of legume plants. See Indiana Code 15-15-1-12
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• market development: means to:

  Indiana Code 15-15-12-10

• marketing year: means the twelve (12) month period beginning October 1 and ending the following September 30. See Indiana Code 15-15-12-11
• Minority leader: See Floor Leaders
• 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

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: refers to the percentage by weight. See Indiana Code 15-15-1-15
• 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
• person: means an individual, a firm, a limited liability company, a corporation, a trustee, a receiver, or an assignee for the benefit of creditors. See Indiana Code 15-15-2-2
• Person: means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision. See Indiana Code 4-2-6-1
• person: means an individual, a partnership, a limited liability company, a public or private corporation, a political subdivision (as defined in IC 36-1-2-13), a cooperative, a society, an association, or a fiduciary. See Indiana Code 15-15-12-12
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• producer: means a person engaged in the business of producing and marketing corn in Indiana under:

  Indiana Code 15-15-12-13

• promotion: means :

  Indiana Code 15-15-12-14

• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Property: has the meaning set forth in Indiana Code 4-2-6-1
• Quorum: The number of legislators that must be present to do business.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Represent: means to do any of the following on behalf of a person:

  Indiana Code 4-2-6-1

• research: means a study to advance the:

  Indiana Code 15-15-12-15

• restricted noxious weed seed: means :

  Indiana Code 15-15-1-20

• sale: means a conveyance of title to corn or the pledge or other encumbrance of corn as security for a loan extended by the Commodity Credit Corporation under a federal price support loan program. See Indiana Code 15-15-12-16
• seed: refers to agricultural seed (as defined in IC 15-15-1-2) or vegetable seed (as defined in IC 15-15-1-24) used to grow a commercial agricultural or a commercial vegetable crop. See Indiana Code 15-15-7-5
• seed contract: refers to a written contract between a seed supplier and a farmer that a farmer must sign to obtain the seed or the right to plant the seed. See Indiana Code 15-15-7-6
• seed supplier: refers to a person engaged in commercial production or supply of either of the following:

  Indiana Code 15-15-7-7

• seller: refers to a seller of:

  Indiana Code 15-15-5-8

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Special state appointee: means a person who is:

  Indiana Code 4-2-6-1

• special use permit: means authorization issued by the seed commissioner to a person subject to section 27(c) of this chapter for the use of seeds of plant species for the purpose of research, development, production, or education. See Indiana Code 15-15-1-20.5
• State officer: means any of the following:

  Indiana Code 4-2-6-1

• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• treated: refers to seed that has been subjected to an application of a substance or a process to:

  Indiana Code 15-15-1-21

• Trustee: A person or institution holding and administering property in trust.
• type: means the general physiological and morphological characters common to a number of varieties, which varieties cannot be differentiated except under special conditions. See Indiana Code 15-15-1-22
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which a plant can be differentiated from other plants of the same kind. See Indiana Code 15-15-1-23
• 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
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5