February 19, 2010





ENGROSSED

SENATE BILL No. 116

_____


DIGEST OF SB 116 (Updated February 17, 2010 9:49 am - DI 77)



Citations Affected: IC 15-15; IC 15-17; noncode.

Synopsis: Seeds and poultry. Allows the seed commissioner to issue a special use permit for use of seeds of certain plant species for the purpose of research, development, production, or education. Allows the seed commissioner to adopt rules establishing certain fees and civil fines. Requires that rules for tags and label fees be adopted before July 1, 2011. Allows the board of animal health to assist organizations that represent poultry producers with issues related to poultry. Allows the board to establish standards governing the care of livestock and poultry.

Effective: Upon passage; July 1, 2010; July 1, 2011.





Head , Gard, Deig, Young R
(HOUSE SPONSORS _ GOODIN, FRIEND, PEARSON, RUPPEL)




    January 5, 2010, read first time and referred to Committee on Agriculture and Small Business.
    January 26, 2010, reported favorably _ Do Pass.
    January 28, 2010, read second time, ordered engrossed.
    January 29, 2010, engrossed.
    February 2, 2010, read third time, passed. Yeas 48, nays 2.

HOUSE ACTION

    February 8, 2010, read first time and referred to Committee on Agriculture and Rural Development.
    February 18, 2010, amended, reported _ Do Pass.






February 19, 2010

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.


ENGROSSED

SENATE BILL No. 116



    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 15-15-1-20.5; (10)ES0116.1.1. -->     SECTION 1. 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 the use of seeds of plant species for the purpose of research, development, production, or education.
SOURCE: IC 15-15-1-27; (10)ES0116.1.2. -->     SECTION 2. IC 15-15-1-27, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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) Adopt rules under IC 4-22-2 that are necessary for the administration of this chapter, including fees, fines, and special use permits.

SOURCE: IC 15-15-1-34; (10)ES0116.1.3. -->     SECTION 3. IC 15-15-1-34, AS ADDED BY P.L.2-2008, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 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) (a) 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) (b) 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 cents ($0.24) per one hundred (100) pounds of alfalfa, clover, vegetable, grass seed, and mixtures of such seeds, with a minimum payment of six cents ($0.06) for each package or container of more than one (1) pound.
        (2) Nine cents ($0.09) 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 cents ($0.0225) 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.
    (i) (c) In making application for a permit under subsection (h), (b), 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) (d) The state seed commissioner may grant a permit under subsection (h) (b) 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) (c) 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.

SOURCE: IC 15-17-2-87; (10)ES0116.1.4. -->     SECTION 4. IC 15-17-2-87, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 87. "Poultry", for purposes of IC 15-17-3 and IC 15-17-5, means a domesticated bird, whether live or dead.
SOURCE: IC 15-17-3-13; (10)ES0116.1.5. -->     SECTION 5. IC 15-17-3-13, AS AMENDED BY P.L.111-2009, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. In addition to the powers and duties given the board in this article and by law, the board has the powers and duties reasonable and necessary to do the following:
        (1) Provide for the quarantine of animals and objects to prevent, control, and eradicate diseases and pests of animals.
        (2) Develop, adopt, and implement programs and procedures for establishing and maintaining accredited, certified, validated, or designated disease or pest free or disease or pest monitored animals, herds, flocks, or areas, including the following:
            (A) The establishment and maintenance of herds that are monitored for disease or pest syndromes.
            (B) The establishment and maintenance of certified or validated brucellosis free herds, animals, and areas.
            (C) The establishment and maintenance of accredited tuberculosis free herds, animals, and areas.
        (3) Develop, adopt, and implement programs and plans for the prevention, detection, control, and eradication of diseases and pests of animals.
        (4) Control or prohibit, by permit or other means, the movement and transportation into, out of, or within Indiana of animals and objects in order to prevent, detect, control, or eradicate diseases and pests of animals. When implementing controls or prohibitions the board may consider whether animals or objects are diseased, suspected to be diseased, or under quarantine, or whether the animals or objects originated from a country, a state, an area, or a premises that is known or suspected to harbor animals or objects infected with or exposed to a disease or pest of animals.
        (5) Control or prohibit the public and private sale of animals and objects in order to prevent the spread of disease and pests of animals.
        (6) Control the use, sanitation, and disinfection of:
            (A) public stockyards; and
            (B) vehicles used to transport animals and objects into and

within Indiana;
        to accomplish the objectives of this article.
        (7) Control the use, sanitation, and disinfection of premises, facilities, and equipment to accomplish the objectives of this article.
        (8) Control the movement of animals and objects to, from, and within premises where diseases or pests of animals may exist.
        (9) Control the movement and disposal of carcasses of animals and objects.
        (10) Control the manufacture, sale, storage, distribution, handling, and use of serums, vaccines, and other biologics and veterinary drugs, except those drugs for human consumption regulated under IC 16-42-19, to be used for the prevention, detection, control, and eradication of disease and pests of animals.
        (11) Control and prescribe the means, methods, and procedures for the vaccination or other treatment of animals and objects and the conduct of tests for diseases and pests of animals.
        (12) Develop, adopt, and implement plans and programs for the identification of animals, objects, premises, and means of conveyances. Plans and programs may include identification:
            (A) of animals or objects that have been condemned under this article; and
            (B) related to classification as to disease, testing, vaccination, or treatment status.
        (13) Establish the terms and method of appraisal or other determination of value of animals and objects condemned under this article, the payment of any indemnities that may be provided for the animals and objects, and the regulation of the sale or other disposition of the animals or objects.
        (14) Control the sale of baby chicks.
        (15) Cooperate and enter into agreements with the appropriate departments and agencies of this state, any other state, or the federal government to prevent, detect, control, and eradicate diseases and pests of animals.
        (16) Control or prohibit the movement and transportation into, out of, or within Indiana of wild animals, including birds, that might carry or disseminate diseases or pests of animals.
        (17) Provide for condemning or abating conditions that cause, aggravate, spread, or harbor diseases or pests of animals.
        (18) Establish and designate, in addition to the animal disease diagnostic laboratory under IC 21-46-3-1, other laboratories necessary to make tests of any nature for diseases and pests of

animals.
        (19) Investigate, develop, and implement the best methods for the prevention, detection, control, suppression, or eradication of diseases and pests of animals.
        (20) Investigate, gather, and compile information concerning the organization, business conduct, practices, and management of any registrant, licensee, permittee, applicant for a license, or applicant for a permit.
        (21) Investigate allegations of unregistered, unlicensed, and unpermitted activities.
        (22) Institute legal action in the name of the state of Indiana necessary to enforce:
            (A) the board's orders and rules; and
            (B) this article.
        (23) Control the collection, transportation, and cooking of garbage to be fed to swine or other animals and all matters of sanitation relating to the collection, transportation, and cooking of garbage affecting the health of swine or other animals and affecting public health and comfort.
        (24) Adopt an appropriate seal.
        (25) Issue orders as an aid to enforcement of the powers granted by this article, IC 15-18-1, and IC 15-19-6.
        (26) Control disposal plants and byproducts collection services and all matters connected to disposal plants and byproducts collection services.
        (27) Abate biological or chemical substances that:
            (A) remain in or on any animal before or at the time of slaughter as a result of treatment or exposure; and
            (B) are found by the board to be or have the potential of being injurious to the health of animals or humans.
        (28) Regulate the production, manufacture, processing, and distribution of products derived from animals to control health hazards that may threaten:
            (A) animal health;
            (B) the public health and welfare of the citizens of Indiana; and
            (C) the trade in animals and animal products in and from Indiana.
        (29) Cooperate and coordinate with local, state, and federal emergency management agencies to plan and implement disaster emergency plans and programs as the plans and programs relate to animals in Indiana.


        (30) Assist law enforcement agencies investigating allegations of cruelty and neglect of animals.
        (31) Assist organizations that represent livestock and poultry producers with issues and programs related to the care of livestock and poultry.
        (32) Establish a registry of commercial dog brokers and commercial dog breeders in Indiana.
         (33) Establish standards governing the care of livestock and poultry.
SOURCE: ; (10)ES0116.1.6. -->     SECTION 6. [EFFECTIVE JULY 1, 2010] (a) The state seed commissioner shall adopt rules required under IC 15-15-1-27(b)(17), as amended by this act, before July 1, 2011.
    (b) A rule adopted under this SECTION must take effect on July 1, 2011.
    (c) This SECTION expires July 2, 2011.

SOURCE: ; (10)ES0116.1.7. -->     SECTION 7. An emergency is declared for this act.