§ 15-15-1-31 — Exceptions from labeling requirements

Indiana § 15-15-1-31

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

Text

(a) Sections 32 and 33 of this chapter do not
apply to the following:
(1) Seed or grain not intended for seeding and sowing purposes.
However, treated agricultural seed must be labeled in accordance
with section 32 of this chapter when sold to any person for any
purpose whether the seed is in containers or in bulk.
(2) Seed in storage or seed that is being transported or consigned
to a seed cleaning or processing establishment for cleaning or
processing if the invoice or labeling accompanying a shipment of
the seed contains the statement "Seed For Processing". Any
labeling or other representation that may be made with respect to
uncleaned or unprocessed seed is subject to this chapter.
(3) A carrier in respect to seed transported or delivered for
transportation in the ordinary course of its business as a carrier if
the carrier is not engaged in producing, processing, or distributing
agricultural or vegetable seed subject to this chapter.
(4) Seed that satisfies all the following:
(A) The seed is grown on the property owned by the seller of
the seed.
(B) The seed is sold and delivered to the purchaser on the
property on which the seed is grown.
(C) The seed does not contain prohibited noxious weed seed.
(D) The seed contains not more than one-fourth of one percent
(0.25%) of restricted noxious weed seed.
(E) The seed contains not more than two and one-half percent
(2.5%) of all weed seed.
If seed is advertised for sale through the medium of the public
press, by circular, by catalog, or by exposing a sample of the seed
or a printed or written statement about the seed in a public place
or place of business, or if the seed is delivered by a common
carrier, (except when transported for the purpose of being
recleaned as provided in this section), the producer is considered
to be a vendor, and the seed must meet all requirements of this
chapter, including complete labeling of the seed. For cereal and
soybean seed where the purpose for which the seed is intended
may be in question, seed advertised for sale by variety name, as
processed, tested, treated, or offered at a price substantially higher
than current market prices, is presumed to be offered for seeding
purposes and subject to the labeling provisions of this chapter.
(b) A person is not subject to the penalties of this chapter for
distributing agricultural or vegetable seed incorrectly labeled or
represented as to kind, variety, or origin and that cannot be identified
by examination of the seed unless the person fails to:
(1) obtain an invoice, genuine grower's declaration, or other
labeling information; and
(2) take other precautions reasonable to ensure the identity of the
seed as stated.
[Pre-2008 Recodification Citation: 15-4-1-8.]

Legislative History

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