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
Effective: Upon passage; July 1, 2010; July 1, 2011.
January 5, 2010, read first time and referred to Committee on Agriculture and Small
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.
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
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:
(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.
(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
(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
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
(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.