§ 15-15-7-10 — Inspection under seed contract; procedure; court order; rules

(a) As used in this section, "commissioner"
refers to the state seed commissioner.
(b) A seed contract may not give or be interpreted to give a seed
supplier or an agent of a seed supplier the right to enter real property
owned or occupied by the farmer to acquire samples of the crop grown
from the seed or any other plant growing on the real property unless all
of the following apply:
(1) The seed supplier gives written notice to the farmer and the
commissioner of the seed supplier's intent to enter the real
property. The notice must be given not later than five (5) business
days before the day the seed supplier or the seed supplier's agent
enters the real property. The notice must include the following
information:
(A) The date and time of the entry upon the land.
(B) The purpose for the entry upon the land.
(2) The seed supplier must permit the farmer, the commissioner,
or the agents of the farmer or the commissioner to accompany the
seed supplier or the seed supplier's agent while samples are taken.
(3) The seed supplier must permit the farmer, the commissioner,
or the agents of the farmer or the commissioner to take matching
samples or receive split samples of any samples taken by the seed
supplier.
(c) The seed supplier must provide reasonable cooperation to the
farmer, the commissioner, or the agents of the farmer or the
commissioner during the course of activities described in subsection
(b)(2) and (b)(3).
(d) If the commissioner or an agent of the commissioner
accompanies the seed supplier on the real property to take samples
under this section, the seed supplier and the farmer shall each pay fifty
percent (50%) of the reasonable costs incurred by the commissioner or
the commissioner's agent, as determined by the commissioner, in
connection with the activities.
(e) In an action on the seed contract between the seed supplier and
the farmer, the prevailing party may recover the costs that the
prevailing party paid under subsection (d) in addition to any other
damages to which the prevailing party is entitled.
(f) A seed supplier may obtain an order from a court with
jurisdiction authorizing the seed supplier or the seed supplier's agent
to enter real estate owned or occupied by a farmer and on which seed
that is the subject of a seed contract is growing. If the court issues an
order, the order must require that if any samples are taken, matching or
split samples must be taken by a person who is independent from the
seed supplier.
(g) The commissioner may adopt rules under IC 4-22-2 to
implement this section.
[Pre-2008 Recodification Citation: 15-4-13-11.]

Legislative History

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