Introduced Version






HOUSE BILL No. 1284

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 15-15-1.

Synopsis: Seed law. Establishes seed labeling requirements for cool season lawn and turf grasses. Allows the seed commissioner to issue a special use permit to use a prohibited noxious weed seed or a restricted noxious weed seed for purposes of research, development, production, or education. Provides for different labeling requirements for vegetable seeds based on how the seeds are sold. Increases seed inspection fees. Reduces the number of sales reports that must be filed each year. Establishes a minimum penalty for failure to file reports and pay fees. Establishes a minimum inspection fee. Prohibits: (1) using relabeling stickers that do not contain certain information; and (2) relabeling a seed lot using stickers more than once.

Effective: July 1, 2010; January 1, 2011.





Lehe, Pearson, Cherry




    January 12, 2010, read first time and referred to Committee on Agriculture and Rural Development.







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

HOUSE BILL No. 1284



    A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 15-15-1-2; (10)IN1284.1.1. -->     SECTION 1. IC 15-15-1-2, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. As used in this chapter, "agricultural seed" means the seeds of legume, grass, forage, cereal, or fiber, or oil crops. The term includes other kinds of seeds commonly recognized in Indiana as agricultural seeds, lawn seeds, and mixtures of such seeds.
SOURCE: IC 15-15-1-5.5; (10)IN1284.1.2. -->     SECTION 2. IC 15-15-1-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.5. As used in this chapter, "cool season lawn and turf grasses" includes:
        (1) Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, or creeping bentgrass; or
        (2) mixtures of any of the grasses listed in subdivision (1).

SOURCE: IC 15-15-1-15.5; (10)IN1284.1.3. -->     SECTION 3. IC 15-15-1-15.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 15.5. As used in this chapter,

"permit" means a written authorization required under this chapter and granted by the seed commissioner before a person may distribute agricultural or vegetable seed in Indiana subject to this chapter.

SOURCE: IC 15-15-1-20.5; (10)IN1284.1.4. -->     SECTION 4. IC 15-15-1-20.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 20.5. As used in this chapter, "special use permit" means authorization issued by the seed commissioner to a person subject to section 27(b)(17) of this chapter for use of seeds of plant species for the purpose of research, development, production, or education.
SOURCE: IC 15-15-1-27; (10)IN1284.1.5. -->     SECTION 5. IC 15-15-1-27, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 27. (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, prescribe rules governing such testing, and charge for the tests made.
        (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. The seed commissioner may grant a special use permit, condition a special use permit, or deny a special use permit. Each species must be considered separately. The seed commissioner may revoke a special use permit at any time if it appears the permit holder is not complying with the conditions established under the special use permit.

SOURCE: IC 15-15-1-32; (10)IN1284.1.6. -->     SECTION 6. IC 15-15-1-32, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 32. (a) A container of agricultural seed of any size consisting of more than one (1) pound distributed in Indiana for sowing and seeding purposes must contain or have attached in a conspicuous place on the outside of the container a plainly written or printed tag or label in English giving the information required by this section. If the seed is distributed in bulk, the information required by this section must accompany delivery and be supplied to the purchaser at the time of delivery.
    (b) The labeling required for seed sold in bags and packages, and in bulk as required by this section, must include the following statements on the labeling attached to the container:
        (1) The commonly accepted name of each kind and variety of each agricultural seed component that exceeds five percent (5%) of the whole and the percentage by weight of each in the order of its predominance. However, the variety designation may be omitted if the label states the name of the kind and the words "variety not stated". If more than one (1) component is required to be named, the word "mixture" or the word "mixed" must be shown conspicuously on the label. A mixture consisting of two (2) or more varieties of the same kind may be designated as a "blend".
        (2) Lot number or other lot identification.
        (3) Origin (state or foreign country where grown) for all seed except hybrid corn. If the origin is unknown, that fact must be stated.
        (4) The percentage of all weed seed.
        (5) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.
        (6) The percentage of all other agricultural or vegetable seed, which may be designated as "other crop seeds" or "crop seeds".
        (7) The percentage of inert matter.
        (8) For each named agricultural seed:
            (A) the percentage of germination (as defined by rule adopted

under section 28 of this chapter), exclusive of hard seed;
            (B) the percentage of hard seed, if present; and
            (C) the calendar month and year the test was completed to determine the percentages.
        (9) The name and address of the person who labeled the seed or who distributed it within Indiana.
        (10) For all seed named and treated (for which a separate label may be used):
            (A) a word or statement indicating that the seed has been treated;
            (B) the commonly accepted coined chemical or abbreviated chemical (generic) name of any applied pesticide;
            (C) a description of the process or the commonly accepted name of the substance applied if other than a pesticide; and
            (D) if the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "Do Not Use For Food Or Feed Or Oil Purposes". A poison statement or symbol must be used as the caution for mercurials and similarly toxic substances.
        (11) For pre-inoculated seed, in addition to other labeling requirements of this section (for which a separate label may be used):
            (A) a word or statement indicating that the seed has been pre-inoculated; and
            (B) the date beyond which the inoculant is not to be considered effective.
         (12) For cool season lawn and turf grasses, the following statements on the labeling:
            (A) For single kinds of grasses, the name of the kind or kind and variety.
            (B) For grass mixtures:
                (i) the word "mix", "mixed", "mixture", or "blend" must be stated with the name of the mixture;
                (ii) the headings "Pure Seed" and "Germination" or "Germ" must be used in the proper places; and
                (iii) the commonly accepted name of kind or kind and variety of each agricultural seed component that exceeds five percent (5%) of the whole, and the percentage by weight of pure seed in order of its predominance and in columnar form.
            (C) Percentage by weight of agricultural seed other than those required to be named on the label (which must be

designated as "crop seed").
            (D) The percentage by weight of inert matter.
            (E) Percentage by weight of all weed seeds. The maximum weed seed content may not exceed two and five-tenths percent (2.5%) by weight.
            (F) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present and listed under the heading "Noxious Weed Seeds". Restricted noxious weed seed may not exceed twenty-five hundredths of one percent (0.25%) by weight.
            (G) For each agricultural seed named under clause (A) or (B), the following:
                (i) Percentage of germination, exclusive of hard seed.
                (ii) Percentage of hard seed, if present.
                (iii) Calendar month and year the test was completed to determine the required percentages. The oldest test date must be used.
                (iv) The statement "Sell by (month/year)". The date may not exceed fifteen (15) months from the date in item (iii), exclusive of the month of the test.

        The total of the percentages by weight under clauses (B)(iii), (C), (D), and (E) must equal one hundred percent (100%).
    (c) The statements required by this section may not be modified or denied.
     (d) The total of the percentages under subsection (b)(1), (b)(4), (b)(6), and (b)(7) must equal one hundred percent (100%).

SOURCE: IC 15-15-1-33; (10)IN1284.1.7. -->     SECTION 7. IC 15-15-1-33, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 33. A container of vegetable seed of any size distributed within Indiana for sowing and seeding purposes must have attached in a conspicuous place on the outside of the container a plainly written or printed label in English giving (a) For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices in containers that do not exceed one (1) pound, the labeling must include the following information:
        (1) The name of the kind and variety of seed.
        (2) The name and address of the person who labeled or who distributed the seed.
        (3) For seed that germinates less than the standard most recently established under this chapter:
            (A) the percentage of germination (as defined by rule adopted

under section 28 of this chapter), exclusive of hard seed;
            (B) the percentage of hard seed, if present;
            (C) the calendar month and year the test was completed to determine the percentages; and
            (D) the words "Below Standard" in not less than 8 point type.
        (4) For seed that has been treated, the same labeling information required for agricultural seeds.
        (5) The number of noxious weed seeds per pound of vegetable seed, if any weed seed is present.
        (6) Lot number or other lot identification.
        (7) Germination test information in any of the following forms:
            (A) The calendar month and year the germination test was completed and the statement "Sell by (month/year)". The date may not exceed twelve (12) months from the date of the test, exclusive of the month of the test.
            (B) The year for which the seed was packaged for sale as "Packed for (year)". The date must be for a calendar year and include the statement "Sell by (month/year)". The date may not exceed twelve (12) months from the date of the test, exclusive of the month of the test.
            (C) The percentage of germination and the calendar month and year the test was completed to determine the percentages. However, the germination test must have been completed within the previous twelve (12) months, exclusive of the month of the test.

    (b) For vegetable seeds sold in containers that are more than one (1) pound, the labeling must include the following:
        (1) The name of each kind and variety present that exceeds five percent (5%) and the percentage by weight of each in order of its predominance.
        (2) Lot number or other lot identification.
        (3) For each named vegetable seed:
            (A) the percentage of germination, exclusive of hard seed;
            (B) the percentage of hard seed, if present; and
            (C) the calendar month and year the test was completed to determine the percentages. The date may not be later than twelve (12) months after the date of the test, exclusive of the month of the test.
    (c) For seeds placed in a germination medium, mat, tape, or another device and in a way to make it difficult to determine the quantity of seed without removing the seed from the medium, mat,

tape, or other device, the labeling must include a statement to indicate the minimum number of seeds in the container.

SOURCE: IC 15-15-1-34; (10)IN1284.1.8. -->     SECTION 8. IC 15-15-1-34, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 34. (a) For the purpose of defraying the costs of inspection, analysis, publication, and other expenses incurred in the administration of this chapter, the state seed commissioner shall charge the amount set forth in this section. for tags or labels required by sections 32 and 33 of this chapter.
    (b) The charge for alfalfa, clover, vegetable, and grass seed or mixtures of any of these seeds is the following:
        (1) Six cents ($0.06) for each twenty-five (25) pound tag or label.
        (2) Twelve cents ($0.12) for each fifty (50) pound tag or label.
        (3) Eighteen cents ($0.18) for each seventy-five (75) pound tag or label.
        (4) Twenty-four cents ($0.24) for each one hundred (100) pound tag or label.
    (c) The charge for seed other than seed described in subsection (b) is the following:
        (1) Two and one-fourth cents ($0.0225) for each twenty-five (25) pound tag or label.
        (2) Four and one-half cents ($0.045) for each fifty (50) pound tag or label.
        (3) Six and three-fourths cents ($0.0675) for each seventy-five (75) pound tag or label.
        (4) Nine cents ($0.09) for each hundred (100) pound tag or label.
        (5) Nine cents ($0.09) for one hundred (100) pounds for each tag or label that the state seed commissioner furnishes in denominations larger than one hundred (100) pounds.
    (d) Tags furnished by the state seed commissioner must:
        (1) contain the facsimile signature of the state seed commissioner;
        (2) be referred to as state seed commissioner tags or labels;
        (3) be completely filled out with the information required in sections 32 and 33 of this chapter; and
        (4) be attached to containers or be delivered with sales of agricultural or vegetable seed distributed in bulk in quantities of more than one (1) pound.
    (e) A distributor or the distributor's successor may return for credit any unused and obsolete state seed commissioner tags or labels. The state seed commissioner shall give credit for the return of obsolete tags or labels after deducting all costs of printing and handling.
    (f) If the state seed commissioner grants a distributor a permit to

report the quantity of seed sold and pay the inspection fee on the basis of this report instead of attaching or furnishing state seed commissioner tags or labels as provided in this section, the distributor may return for credit, not later than sixty (60) days after issuance of the permit, all unused state seed commissioner tags or labels whether obsolete or not. The state seed commissioner shall credit the distributor those tags or labels:
        (1) submitted as blank at the purchase price; and
        (2) that have been filled out at the purchase price less the cost of printing and handling.
    (g) (b) A distributor of agricultural seed in packages of not more than one (1) pound shall pay not later than January 15 of each year an annual fee of forty-five dollars ($45) for each brand of seed distributed. The distributor is not required to affix state seed commissioner tags or labels to packages of not more than one (1) pound that bear a proper label. Payment of an annual fee is not required of retailers who furnish quantities of not more than one (1) pound from a properly labeled container of seed on which the inspection fee has been paid.
    (h) (c) Except as provided in subsection (d), a person who distributes agricultural or vegetable seed in Indiana may apply to the state seed commissioner for a permit to use the person's own labeling, report the quantity of seed sold, and pay the inspection fee on the basis of the report. instead of attaching or furnishing state seed commissioner tags or labels. The inspection fee is the following:
        (1) Twenty-four Thirty cents ($0.24) ($0.30) per one hundred (100) pounds of alfalfa, clover, vegetable, grass seed, and mixtures of such seeds, with a minimum payment of six seven and one-half cents ($0.06) ($0.075) for each package or container of more than one (1) pound.
        (2) Nine Eighteen cents ($0.09) ($0.18) per one hundred (100) pounds of all agricultural seed other than seeds described in subdivision (1), with a minimum payment of two and one-fourth four and one-half cents ($0.0225) ($0.045) for each package or container of more than one (1) pound.
        (3) One dollar and fifty cents ($1.50) for each assortment or unit of vegetable seed distributed in an assortment or other display unit, in packets of not more than one (1) pound.
    (d) A person who distributes vegetable seeds in:
        (1) packets as prepared for use in home gardens or household plantings; or
        (2) preplanted containers, mats, tapes, or other planting devices in containers of not more than one (1) pound;


shall pay, not later than January 15 of each year, an annual fee of two hundred dollars ($200).
    (i) (e) In making application for a permit under subsection (h), subsection (c), the distributor must agree to the following:
        (1) Label the seed with the information required by law.
        (2) Keep the records the state seed commissioner considers necessary to indicate accurately the number and size of containers of each kind of agricultural and vegetable seed distributed and the quantity of such seed distributed in bulk.
        (3) Grant the state seed commissioner or the state seed commissioner's authorized representative permission to examine the records described in subdivision (2) and verify the statement of quantity of seed distributed.
        (4) Report under oath to the state seed commissioner on forms furnished by the state seed commissioner the quantity of agricultural and vegetable seed sold during the period covered.
    (j) (f) The state seed commissioner may grant a permit under subsection (h) subsection (c) if the state seed commissioner determines that the applicant's proposed report of the quality of agricultural and vegetable seed sold will lead to efficient enforcement of this chapter. The state seed commissioner may revoke the permit at any time if it appears to the state seed commissioner that the distributor is not complying with the agreement described in subsection (i) (e) or this chapter. The report of sales is due and the inspection fees payable quarterly, on the last day of the month following the end of the quarter. If:
        (1) the report is not filed and the inspection fee not paid before ten (10) days following the due date;
        (2) the report of volume is false; or
        (3) the labeling requirements of this chapter have not been complied with;
the state seed commissioner may revoke the permit. If the inspection fee is unpaid after the ten (10) day grace period, a penalty shall be assessed in the amount of ten percent (10%) in addition to the amount due.
    (g) The report of quantity sold is due and the inspection fees are payable semiannually on the last day of the month following the end of the semiannual period. The first half reporting period ends June 30. The second half reporting period ends December 31.
    (h) If:
        (1) the report is not filed and the inspection fee not paid within fifteen (15) days following the due date;
        (2) the report of quantity sold is false; or
        (3) the labeling requirements of this chapter have not been complied with;
the state seed commissioner may revoke the permit.
    (i) If the report is not filed and the inspection fee not paid within fifteen (15) days following the due date described in subsection (g), a penalty must be assessed in the amount of:
        (1) fifty dollars ($50); or
        (2) ten percent (10%) of the amount due;
whichever is greater, in addition to the amount due.
    (j) The minimum inspection fee is ten dollars ($10) per reporting period, if a report is required under this section.

SOURCE: IC 15-15-1-41; (10)IN1284.1.9. -->     SECTION 9. IC 15-15-1-41, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 41. A person may not do any of the following:
        (1) Detach, alter, deface, or destroy any label provided for in this chapter or the rules adopted under this chapter.
        (2) Alter or substitute seed in a manner that may defeat the purpose of this chapter.
        (3) Disseminate false or misleading advertisements concerning agricultural or vegetable seed.
        (4) Hinder or obstruct in any way an authorized person in the performance of the person's duties under this chapter.
        (5) Fail to comply with a stop sale order issued under section 27 of this chapter.
        (6) Use the word:
            (A) "trace" as a substitute for any statement required by this chapter; or
            (B) "type" in any labeling in connection with the name of any seed variety.
        (7) Use a state seed commissioner tag or label more than once.
        (8) Sell grain or other seed that has been treated to any person for any purpose unless the grain or seed is clearly labeled as required in sections 32 and 33 of this chapter.
        (9) Distribute seed colored so that it does not contrast with the natural color of the seed.
        (10) Distribute noxious weed seed without a special use permit issued by the seed commissioner as required by section 27(b)(17) of this chapter.
        (11) Assign the same brand designation to more than one (1) variety or blend of the same kind of seed, if not sold by variety name.
         (12) Use relabeling stickers without having:
            (A) both the calendar month and year the germination test was completed and the sell-by date required in sections 32 and 33 of this chapter; and
            (B) the lot number that matches the existing original lot number.
        (13) Relabel a seed lot using stickers more than once.