SB 116-1_ Filed 02/17/2010, 17:35
Adopted 2/18/2010


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Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

12

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Agriculture and Rural Development     , to which was referred       Senate Bill 116     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (10)AM011603.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 15-15-1-20.5; (10)AM011603.1. -->     "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)AM011603.2. -->     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)AM011603.2. -->     SECTION 2. 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: Page 4, line 31; (10)AM011603.4. -->     Page 4, after line 31, begin a new paragraph and insert:
SOURCE: ; (10)AM011603.4. -->     "SECTION 4. [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)AM011603.5. -->     SECTION 5. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 116 as printed January 27, 2010.)

and when so amended that said bill do pass.

__________________________________

Representative Pflum


AM011603/DI 77    2010