§ 15-15-1-40 — Unlawful distribution

Indiana § 15-15-1-40

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

Text

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:
(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).]

Legislative History

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