§ 15-15-1-27 — Commissioner's duties; agent's authority

Indiana § 15-15-1-27

• Jurisdiction: Indiana
• Art. 15: HORTICULTURE PRODUCTS
• Ch. 1: Indiana Seed Law

Text

(a) The state seed commissioner shall
administer this chapter. The state seed commissioner may authorize an
agent to act for the state seed commissioner under this chapter.
(b) The state seed commissioner may do any of the following to
administer this chapter:
(1) Sample, inspect, analyze, and test agricultural and vegetable
seed distributed within Indiana for seeding and sowing purposes,
when, where, and to the extent the state seed commissioner
considers necessary to determine whether the agricultural or
vegetable seed is in compliance with this chapter.
(2) Notify a seed distributor of any violations of this chapter.
(3) Adopt rules:
(A) governing:
(i) methods of sampling, inspecting, analyzing, testing, and
examining agricultural and vegetable seed; and
(ii) tolerances to be followed in the administration of this
chapter; and
(B) necessary for the efficient enforcement of this chapter.
(4) Adopt rules to establish lists of prohibited and restricted
noxious weeds.
(5) Adopt rules to establish reasonable standards of germination
(as defined by rule adopted under section 28 of this chapter) for
vegetable seed.
(6) Adopt rules to establish standards for the effectiveness of
legume inoculant applied to pre-inoculated seed.
(7) Adopt rules to govern the treatment of seed and the labeling
and distribution of treated seed.
(8) Publish at least one (1) time each year, in the form the seed
commissioner considers proper, information concerning:
(A) the sales of agricultural and vegetable seed; and
(B) the results of the analysis of official samples of agricultural
and vegetable seed sold within Indiana as compared with the
analysis guaranteed on the label.
Information concerning production and use of agricultural and
vegetable seed may not disclose the operation of any person.
(9) Enter any:
(A) public or private property during regular business hours; or
(B) vehicle that transports seed, whether by land, water, or air,
at any time the vehicle is accessible;
to inspect seed and the records relating to the seed, subject to this
chapter and the rules adopted under this chapter.
(10) As used in this subdivision, "stop sale order" refers to a
written order issued by the state seed commissioner to the owner
or custodian of a lot of agricultural or vegetable seed that the state
seed commissioner has found violates this chapter or rules
adopted under this chapter. The state seed commissioner may
issue and enforce stop sale orders. A stop sale order prohibits the
future sale, processing, and movement of the seed until the state
seed commissioner issues a release from the stop sale order. The
owner or custodian of the seed is entitled to appeal a stop sale
order to a court with jurisdiction in the locality in which the seed
is found, as provided in IC 4-21.5, seeking a judgment as to the
justification for the order for the discharge of the seed from the
stop sale order in accordance with the findings of the court. This
subdivision does not limit the right of the state seed commissioner
to proceed as otherwise authorized by this chapter.
(11) Establish and maintain or make provisions for seed testing
facilities.
(12) Employ qualified persons.
(13) Incur necessary expenses.
(14) Test or provide for testing seed for purity and germination
(as defined by rule adopted under section 28 of this chapter) for
farmers and dealers on request of a farmer or dealer and:
(A) prescribe rules governing such testing; and
(B) charge for the tests made.
Without adopting a rule, the state seed commissioner shall charge
fees that are commensurate with fees that are standard in the seed
testing industry.
(15) Cooperate with the United States Department of Agriculture
and other agencies in seed law enforcement.
(16) Enter the property of a producer of hybrid seed to determine
whether the seed produced is as the seed is represented.
(17) Issue a written special use permit to a person to use a
prohibited noxious weed seed or a restricted noxious weed seed
for purposes of research, development, production, or education,
subject to subsection (c).
(18) Adopt rules under IC 4-22-2 to establish fees that are
necessary for the administration of this chapter, including costs of
inspections, analysis, and publications.
(19) Adopt rules under IC 4-22-2 to establish civil fines for the
following:
(A) Failure to submit a report required under this chapter.
(B) Failure to pay a fee required under this chapter.
(c) The seed commissioner, in response to an application for the
issuance of a special use permit under subsection (b)(17), may:
(1) issue a special use permit;
(2) issue a special use permit subject to conditions; or
(3) deny a special use permit request.
In determining whether to issue a special use permit, the seed
commissioner shall consider each species of prohibited noxious weed
or restricted noxious weed separately. The seed commissioner may
revoke a special use permit at any time if it appears that the permit
holder is not complying with the conditions established under the
special use permit.
[Pre-2008 Recodification Citation: 15-4-1-9.]

Legislative History

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.5; P.L.10-2022, SEC.1; P.L.33-2022, SEC.1.