§ 15-15-1-43 — Regulation of seed by political subdivision prohibited; waiver; hearing

(a) Except as provided in subsection (c), a
political subdivision (as defined in IC 36-1-2-13) may not regulate the
advertising, labeling, distribution, sale, transportation, storage, or use
of seed.
(b) A political subdivision may, by resolution, petition the state seed
commissioner for a hearing to allow a waiver to adopt an ordinance
because of special circumstances relating to the advertising, labeling,
distribution, sale, transportation, storage, or use of seed. If a petition is
received, the state seed commissioner shall hold a public hearing to
consider granting the waiver requested. The public hearing must be
conducted in an informal manner. IC 4-21.5 does not apply to a public
hearing under this section.
(c) If the state seed commissioner, after a public hearing under
subsection (b), grants a political subdivision's petition for a waiver, the
political subdivision may regulate the advertising, labeling,
distribution, sale, transportation, storage, or use of seed to the extent
allowed by the waiver.
[Pre-2008 Recodification Citation: 15-4-1-16.]

Legislative History

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