IN
Indiana House Bill HB1147

Indiana 2022 Regular Session

Indiana House Bill HB1147 Compare Versions

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1+*HB1147.1*
2+January 10, 2022
3+HOUSE BILL No. 1147
4+_____
5+DIGEST OF HB 1147 (Updated January 10, 2022 11:06 am - DI 140)
6+Citations Affected: IC 15-15; noncode.
7+Synopsis: Seed tests. Requires the state seed commissioner to charge
8+fees for testing seed for purity and germination that are commensurate
9+with fees that are standard in the seed testing industry. Repeals certain
10+requirements for agricultural seed in packages that are not more than
11+one pound. Provides that $25 is the minimum fee to register pure or
12+mixed cultures of microorganisms and materials with the state chemist.
13+Allows the state chemist to adopt rules to establish fees that are
14+necessary for the administration of certain laws concerning the sale and
15+transfer of plant cultures, including costs of inspections, registration of
16+products, and product analysis. Voids rules concerning fees for seed
17+analysis, testing, and examination.
18+Effective: July 1, 2022.
19+Lehe, Aylesworth, Cherry,
20+Thompson
21+January 6, 2022, read first time and referred to Committee on Agriculture and Rural
22+Development.
23+January 10, 2022, reported — Do Pass.
24+HB 1147—LS 6294/DI 77 January 10, 2022
125 Second Regular Session of the 122nd General Assembly (2022)
226 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
327 Constitution) is being amended, the text of the existing provision will appear in this style type,
428 additions will appear in this style type, and deletions will appear in this style type.
529 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
630 provision adopted), the text of the new provision will appear in this style type. Also, the
731 word NEW will appear in that style type in the introductory clause of each SECTION that adds
832 a new provision to the Indiana Code or the Indiana Constitution.
933 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1034 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1147
12-AN ACT to amend the Indiana Code concerning agriculture and
13-animals.
35+HOUSE BILL No. 1147
36+A BILL FOR AN ACT to amend the Indiana Code concerning
37+agriculture and animals.
1438 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 15-15-1-27, AS AMENDED BY P.L.75-2010,
16-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2022]: Sec. 27. (a) The state seed commissioner shall
18-administer this chapter. The state seed commissioner may authorize an
19-agent to act for the state seed commissioner under this chapter.
20-(b) The state seed commissioner may do any of the following to
21-administer this chapter:
22-(1) Sample, inspect, analyze, and test agricultural and vegetable
23-seed distributed within Indiana for seeding and sowing purposes,
24-when, where, and to the extent the state seed commissioner
25-considers necessary to determine whether the agricultural or
26-vegetable seed is in compliance with this chapter.
27-(2) Notify a seed distributor of any violations of this chapter.
28-(3) Adopt rules:
29-(A) governing:
30-(i) methods of sampling, inspecting, analyzing, testing, and
31-examining agricultural and vegetable seed; and
32-(ii) tolerances to be followed in the administration of this
33-chapter; and
34-(B) necessary for the efficient enforcement of this chapter.
35-(4) Adopt rules to establish lists of prohibited and restricted
36-HEA 1147 2
37-noxious weeds.
38-(5) Adopt rules to establish reasonable standards of germination
39-(as defined by rule adopted under section 28 of this chapter) for
40-vegetable seed.
41-(6) Adopt rules to establish standards for the effectiveness of
42-legume inoculant applied to pre-inoculated seed.
43-(7) Adopt rules to govern the treatment of seed and the labeling
44-and distribution of treated seed.
45-(8) Publish at least one (1) time each year, in the form the seed
46-commissioner considers proper, information concerning:
47-(A) the sales of agricultural and vegetable seed; and
48-(B) the results of the analysis of official samples of
49-agricultural and vegetable seed sold within Indiana as
50-compared with the analysis guaranteed on the label.
51-Information concerning production and use of agricultural and
52-vegetable seed may not disclose the operation of any person.
53-(9) Enter any:
54-(A) public or private property during regular business hours;
55-or
56-(B) vehicle that transports seed, whether by land, water, or air,
57-at any time the vehicle is accessible;
58-to inspect seed and the records relating to the seed, subject to this
59-chapter and the rules adopted under this chapter.
60-(10) As used in this subdivision, "stop sale order" refers to a
61-written order issued by the state seed commissioner to the owner
62-or custodian of a lot of agricultural or vegetable seed that the state
63-seed commissioner has found violates this chapter or rules
64-adopted under this chapter. The state seed commissioner may
65-issue and enforce stop sale orders. A stop sale order prohibits the
66-future sale, processing, and movement of the seed until the state
67-seed commissioner issues a release from the stop sale order. The
68-owner or custodian of the seed is entitled to appeal a stop sale
69-order to a court with jurisdiction in the locality in which the seed
70-is found, as provided in IC 4-21.5, seeking a judgment as to the
71-justification for the order for the discharge of the seed from the
72-stop sale order in accordance with the findings of the court. This
73-subdivision does not limit the right of the state seed commissioner
74-to proceed as otherwise authorized by this chapter.
75-(11) Establish and maintain or make provisions for seed testing
76-facilities.
77-(12) Employ qualified persons.
78-(13) Incur necessary expenses.
79-HEA 1147 3
80-(14) Test or provide for testing seed for purity and germination
81-(as defined by rule adopted under section 28 of this chapter) for
82-farmers and dealers on request of a farmer or dealer and:
83-(A) prescribe rules governing such testing; and
84-(B) charge for the tests made.
85-Without adopting a rule, the state seed commissioner shall
86-charge fees that are commensurate with fees that are
87-standard in the seed testing industry.
88-(15) Cooperate with the United States Department of Agriculture
89-and other agencies in seed law enforcement.
90-(16) Enter the property of a producer of hybrid seed to determine
91-whether the seed produced is as the seed is represented.
92-(17) Issue a written special use permit to a person to use a
93-prohibited noxious weed seed or a restricted noxious weed seed
94-for purposes of research, development, production, or education,
95-subject to subsection (c).
96-(18) Adopt rules under IC 4-22-2 to establish fees that are
97-necessary for the administration of this chapter, including costs of
98-inspections, analysis, and publications.
99-(19) Adopt rules under IC 4-22-2 to establish civil fines for the
100-following:
101-(A) Failure to submit a report required under this chapter.
102-(B) Failure to pay a fee required under this chapter.
103-(c) The seed commissioner, in response to an application for the
104-issuance of a special use permit under subsection (b)(17), may:
105-(1) issue a special use permit;
106-(2) issue a special use permit subject to conditions; or
107-(3) deny a special use permit request.
108-In determining whether to issue a special use permit, the seed
109-commissioner shall consider each species of prohibited noxious weed
110-or restricted noxious weed separately. The seed commissioner may
111-revoke a special use permit at any time if it appears that the permit
112-holder is not complying with the conditions established under the
113-special use permit.
114-SECTION 2. IC 15-15-1-34, AS AMENDED BY P.L.75-2010,
115-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116-JULY 1, 2022]: Sec. 34. (a) A distributor of agricultural seed in
117-packages of not more than one (1) pound shall pay not later than
118-January 15 of each year an annual fee of forty-five dollars ($45) for
119-each brand of seed distributed. Payment of an annual fee is not required
120-of retailers who furnish quantities of not more than one (1) pound from
121-a properly labeled container of seed on which the inspection fee has
122-HEA 1147 4
123-been paid.
124-(b) (a) A person who distributes agricultural or vegetable seed in
125-Indiana may apply to the state seed commissioner for a permit to use
126-the person's own labeling, report the quantity of seed sold, and pay the
127-inspection fee on the basis of the report.
128-(c) (b) In making application for a permit under subsection (b), (a),
129-the distributor must agree to the following:
130-(1) Label the seed with the information required by law.
131-(2) Keep the records the state seed commissioner considers
132-necessary to indicate accurately the number and size of containers
133-of each kind of agricultural and vegetable seed distributed and the
134-quantity of such seed distributed in bulk.
135-(3) Grant the state seed commissioner or the state seed
136-commissioner's authorized representative permission to examine
137-the records described in subdivision (2) and verify the statement
138-of quantity of seed distributed.
139-(4) Report under oath to the state seed commissioner on forms
140-furnished by the state seed commissioner the quantity of
141-agricultural and vegetable seed sold during the period covered.
142-(d) (c) The state seed commissioner may grant a permit under
143-subsection (b) (a) if the state seed commissioner determines that the
144-applicant's proposed report of the quality of agricultural and vegetable
145-seed sold will lead to efficient enforcement of this chapter. The state
146-seed commissioner may revoke the permit at any time if it appears to
147-the state seed commissioner that the distributor is not complying with
148-the agreement described in subsection (c) (b) or this chapter. If:
149-(1) the report is not filed and the inspection fee not paid before
150-ten (10) days following the due date;
151-(2) the report of volume is false; or
152-(3) the labeling requirements of this chapter have not been
153-complied with;
154-the state seed commissioner may revoke the permit. If the inspection
155-fee is unpaid after the ten (10) day grace period, a penalty shall be
156-assessed in the amount of ten percent (10%) in addition to the amount
157-due.
158-(e) (d) The report of quantity sold required under subsection (c)(4)
159-(b)(4) is due, and the inspection fees required under this chapter are
160-payable, semiannually on the last day of the month following the end
161-of the semiannual period. The first half reporting period ends June 30
162-and the second half reporting period ends December 31.
163-SECTION 3. IC 15-15-2-6, AS ADDED BY P.L.2-2008, SECTION
164-6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
165-HEA 1147 5
166-2022]: Sec. 6. (a) The state chemist shall charge, collect, and receive
167-the sum a minimum fee of twenty-five dollars ($25):
168-(1) at the time of registering a pure or mixed culture of
169-microorganisms or materials described in section 3 of this chapter
170-for each material or culture registered; and
171-(2) not later than the fifteenth day of January of each succeeding
172-year until the pure or mixed cultures of microorganisms or
173-material is no longer sold, distributed, offered, or displayed for
174-sale in Indiana.
175-(b) Money received under subsection (a) must be forwarded to the
176-treasurer of Purdue University, who shall expend the money on
177-vouchers to be filed with the auditor of state to pay all necessary
178-expenses incurred in implementing this chapter, including:
179-(1) the employment of inspectors, chemists, and bacteriologists;
180-(2) the expenses incurred in procuring samples;
181-(3) printing bulletins; and
182-(4) giving the results of inspections, as provided by this chapter;
183-and for any other expenses of Purdue University agricultural programs,
184-as authorized by law and in support of the purposes of this chapter.
185-(c) The dean of agriculture of Purdue University shall submit to the
186-governor an annual classified report showing the total receipts and
187-expenditures of all fees received under this chapter.
188-(d) Excess funds from the collection of fees under this chapter are
189-subject to IC 15-16-2-36.
190-SECTION 4. IC 15-15-2-9, AS ADDED BY P.L.2-2008, SECTION
191-6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
192-2022]: Sec. 9. (a) The state chemist may:
193-(1) prescribe and enforce rules necessary to implement this
194-chapter;
195-(2) refuse to issue a permit; or
196-(3) refuse to register or cancel the registration of any product used
197-for promoting plant growth or any pure or mixed cultures of
198-microorganisms or materials used for promoting plant growth if
199-the state chemist believes the product, cultures, or materials:
200-(A) are registered under a name that would be misleading as
201-to the materials of which they are made; or
202-(B) are sold under false or misleading claims.
203-(b) The state chemist may adopt rules under IC 4-22-2 to
204-establish fees that are necessary for the administration of this
205-chapter, including costs of inspections, registration of products,
206-and product analysis.
207-SECTION 5. [EFFECTIVE JULY 1, 2022] (a) 360 IAC 1-7-1 and
208-HEA 1147 6
209-360 IAC 1-7-2 are void. The publisher of the Indiana
210-Administrative Code and Indiana Register shall remove these
211-sections from the Indiana Administrative Code.
212-(b) This SECTION expires July 1, 2023.
213-HEA 1147 Speaker of the House of Representatives
214-President of the Senate
215-President Pro Tempore
216-Governor of the State of Indiana
217-Date: Time:
218-HEA 1147
39+1 SECTION 1. IC 15-15-1-27, AS AMENDED BY P.L.75-2010,
40+2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41+3 JULY 1, 2022]: Sec. 27. (a) The state seed commissioner shall
42+4 administer this chapter. The state seed commissioner may authorize an
43+5 agent to act for the state seed commissioner under this chapter.
44+6 (b) The state seed commissioner may do any of the following to
45+7 administer this chapter:
46+8 (1) Sample, inspect, analyze, and test agricultural and vegetable
47+9 seed distributed within Indiana for seeding and sowing purposes,
48+10 when, where, and to the extent the state seed commissioner
49+11 considers necessary to determine whether the agricultural or
50+12 vegetable seed is in compliance with this chapter.
51+13 (2) Notify a seed distributor of any violations of this chapter.
52+14 (3) Adopt rules:
53+15 (A) governing:
54+16 (i) methods of sampling, inspecting, analyzing, testing, and
55+17 examining agricultural and vegetable seed; and
56+HB 1147—LS 6294/DI 77 2
57+1 (ii) tolerances to be followed in the administration of this
58+2 chapter; and
59+3 (B) necessary for the efficient enforcement of this chapter.
60+4 (4) Adopt rules to establish lists of prohibited and restricted
61+5 noxious weeds.
62+6 (5) Adopt rules to establish reasonable standards of germination
63+7 (as defined by rule adopted under section 28 of this chapter) for
64+8 vegetable seed.
65+9 (6) Adopt rules to establish standards for the effectiveness of
66+10 legume inoculant applied to pre-inoculated seed.
67+11 (7) Adopt rules to govern the treatment of seed and the labeling
68+12 and distribution of treated seed.
69+13 (8) Publish at least one (1) time each year, in the form the seed
70+14 commissioner considers proper, information concerning:
71+15 (A) the sales of agricultural and vegetable seed; and
72+16 (B) the results of the analysis of official samples of
73+17 agricultural and vegetable seed sold within Indiana as
74+18 compared with the analysis guaranteed on the label.
75+19 Information concerning production and use of agricultural and
76+20 vegetable seed may not disclose the operation of any person.
77+21 (9) Enter any:
78+22 (A) public or private property during regular business hours;
79+23 or
80+24 (B) vehicle that transports seed, whether by land, water, or air,
81+25 at any time the vehicle is accessible;
82+26 to inspect seed and the records relating to the seed, subject to this
83+27 chapter and the rules adopted under this chapter.
84+28 (10) As used in this subdivision, "stop sale order" refers to a
85+29 written order issued by the state seed commissioner to the owner
86+30 or custodian of a lot of agricultural or vegetable seed that the state
87+31 seed commissioner has found violates this chapter or rules
88+32 adopted under this chapter. The state seed commissioner may
89+33 issue and enforce stop sale orders. A stop sale order prohibits the
90+34 future sale, processing, and movement of the seed until the state
91+35 seed commissioner issues a release from the stop sale order. The
92+36 owner or custodian of the seed is entitled to appeal a stop sale
93+37 order to a court with jurisdiction in the locality in which the seed
94+38 is found, as provided in IC 4-21.5, seeking a judgment as to the
95+39 justification for the order for the discharge of the seed from the
96+40 stop sale order in accordance with the findings of the court. This
97+41 subdivision does not limit the right of the state seed commissioner
98+42 to proceed as otherwise authorized by this chapter.
99+HB 1147—LS 6294/DI 77 3
100+1 (11) Establish and maintain or make provisions for seed testing
101+2 facilities.
102+3 (12) Employ qualified persons.
103+4 (13) Incur necessary expenses.
104+5 (14) Test or provide for testing seed for purity and germination
105+6 (as defined by rule adopted under section 28 of this chapter) for
106+7 farmers and dealers on request of a farmer or dealer and:
107+8 (A) prescribe rules governing such testing; and
108+9 (B) charge for the tests made.
109+10 Without adopting a rule, the state seed commissioner shall
110+11 charge fees that are commensurate with fees that are
111+12 standard in the seed testing industry.
112+13 (15) Cooperate with the United States Department of Agriculture
113+14 and other agencies in seed law enforcement.
114+15 (16) Enter the property of a producer of hybrid seed to determine
115+16 whether the seed produced is as the seed is represented.
116+17 (17) Issue a written special use permit to a person to use a
117+18 prohibited noxious weed seed or a restricted noxious weed seed
118+19 for purposes of research, development, production, or education,
119+20 subject to subsection (c).
120+21 (18) Adopt rules under IC 4-22-2 to establish fees that are
121+22 necessary for the administration of this chapter, including costs of
122+23 inspections, analysis, and publications.
123+24 (19) Adopt rules under IC 4-22-2 to establish civil fines for the
124+25 following:
125+26 (A) Failure to submit a report required under this chapter.
126+27 (B) Failure to pay a fee required under this chapter.
127+28 (c) The seed commissioner, in response to an application for the
128+29 issuance of a special use permit under subsection (b)(17), may:
129+30 (1) issue a special use permit;
130+31 (2) issue a special use permit subject to conditions; or
131+32 (3) deny a special use permit request.
132+33 In determining whether to issue a special use permit, the seed
133+34 commissioner shall consider each species of prohibited noxious weed
134+35 or restricted noxious weed separately. The seed commissioner may
135+36 revoke a special use permit at any time if it appears that the permit
136+37 holder is not complying with the conditions established under the
137+38 special use permit.
138+39 SECTION 2. IC 15-15-1-34, AS AMENDED BY P.L.75-2010,
139+40 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
140+41 JULY 1, 2022]: Sec. 34. (a) A distributor of agricultural seed in
141+42 packages of not more than one (1) pound shall pay not later than
142+HB 1147—LS 6294/DI 77 4
143+1 January 15 of each year an annual fee of forty-five dollars ($45) for
144+2 each brand of seed distributed. Payment of an annual fee is not required
145+3 of retailers who furnish quantities of not more than one (1) pound from
146+4 a properly labeled container of seed on which the inspection fee has
147+5 been paid.
148+6 (b) (a) A person who distributes agricultural or vegetable seed in
149+7 Indiana may apply to the state seed commissioner for a permit to use
150+8 the person's own labeling, report the quantity of seed sold, and pay the
151+9 inspection fee on the basis of the report.
152+10 (c) (b) In making application for a permit under subsection (b), (a),
153+11 the distributor must agree to the following:
154+12 (1) Label the seed with the information required by law.
155+13 (2) Keep the records the state seed commissioner considers
156+14 necessary to indicate accurately the number and size of containers
157+15 of each kind of agricultural and vegetable seed distributed and the
158+16 quantity of such seed distributed in bulk.
159+17 (3) Grant the state seed commissioner or the state seed
160+18 commissioner's authorized representative permission to examine
161+19 the records described in subdivision (2) and verify the statement
162+20 of quantity of seed distributed.
163+21 (4) Report under oath to the state seed commissioner on forms
164+22 furnished by the state seed commissioner the quantity of
165+23 agricultural and vegetable seed sold during the period covered.
166+24 (d) (c) The state seed commissioner may grant a permit under
167+25 subsection (b) (a) if the state seed commissioner determines that the
168+26 applicant's proposed report of the quality of agricultural and vegetable
169+27 seed sold will lead to efficient enforcement of this chapter. The state
170+28 seed commissioner may revoke the permit at any time if it appears to
171+29 the state seed commissioner that the distributor is not complying with
172+30 the agreement described in subsection (c) (b) or this chapter. If:
173+31 (1) the report is not filed and the inspection fee not paid before
174+32 ten (10) days following the due date;
175+33 (2) the report of volume is false; or
176+34 (3) the labeling requirements of this chapter have not been
177+35 complied with;
178+36 the state seed commissioner may revoke the permit. If the inspection
179+37 fee is unpaid after the ten (10) day grace period, a penalty shall be
180+38 assessed in the amount of ten percent (10%) in addition to the amount
181+39 due.
182+40 (e) (d) The report of quantity sold required under subsection (c)(4)
183+41 (b)(4) is due, and the inspection fees required under this chapter are
184+42 payable, semiannually on the last day of the month following the end
185+HB 1147—LS 6294/DI 77 5
186+1 of the semiannual period. The first half reporting period ends June 30
187+2 and the second half reporting period ends December 31.
188+3 SECTION 3. IC 15-15-2-6, AS ADDED BY P.L.2-2008, SECTION
189+4 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
190+5 2022]: Sec. 6. (a) The state chemist shall charge, collect, and receive
191+6 the sum a minimum fee of twenty-five dollars ($25):
192+7 (1) at the time of registering a pure or mixed culture of
193+8 microorganisms or materials described in section 3 of this chapter
194+9 for each material or culture registered; and
195+10 (2) not later than the fifteenth day of January of each succeeding
196+11 year until the pure or mixed cultures of microorganisms or
197+12 material is no longer sold, distributed, offered, or displayed for
198+13 sale in Indiana.
199+14 (b) Money received under subsection (a) must be forwarded to the
200+15 treasurer of Purdue University, who shall expend the money on
201+16 vouchers to be filed with the auditor of state to pay all necessary
202+17 expenses incurred in implementing this chapter, including:
203+18 (1) the employment of inspectors, chemists, and bacteriologists;
204+19 (2) the expenses incurred in procuring samples;
205+20 (3) printing bulletins; and
206+21 (4) giving the results of inspections, as provided by this chapter;
207+22 and for any other expenses of Purdue University agricultural programs,
208+23 as authorized by law and in support of the purposes of this chapter.
209+24 (c) The dean of agriculture of Purdue University shall submit to the
210+25 governor an annual classified report showing the total receipts and
211+26 expenditures of all fees received under this chapter.
212+27 (d) Excess funds from the collection of fees under this chapter are
213+28 subject to IC 15-16-2-36.
214+29 SECTION 4. IC 15-15-2-9, AS ADDED BY P.L.2-2008, SECTION
215+30 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
216+31 2022]: Sec. 9. (a) The state chemist may:
217+32 (1) prescribe and enforce rules necessary to implement this
218+33 chapter;
219+34 (2) refuse to issue a permit; or
220+35 (3) refuse to register or cancel the registration of any product used
221+36 for promoting plant growth or any pure or mixed cultures of
222+37 microorganisms or materials used for promoting plant growth if
223+38 the state chemist believes the product, cultures, or materials:
224+39 (A) are registered under a name that would be misleading as
225+40 to the materials of which they are made; or
226+41 (B) are sold under false or misleading claims.
227+42 (b) The state chemist may adopt rules under IC 4-22-2 to
228+HB 1147—LS 6294/DI 77 6
229+1 establish fees that are necessary for the administration of this
230+2 chapter, including costs of inspections, registration of products,
231+3 and product analysis.
232+4 SECTION 5. [EFFECTIVE JULY 1, 2022] (a) 360 IAC 1-7-1 and
233+5 360 IAC 1-7-2 are void. The publisher of the Indiana
234+6 Administrative Code and Indiana Register shall remove these
235+7 sections from the Indiana Administrative Code.
236+8 (b) This SECTION expires July 1, 2023.
237+HB 1147—LS 6294/DI 77 7
238+COMMITTEE REPORT
239+Mr. Speaker: Your Committee on Agriculture and Rural
240+Development, to which was referred House Bill 1147, has had the same
241+under consideration and begs leave to report the same back to the
242+House with the recommendation that said bill do pass.
243+(Reference is to HB 1147 as introduced.)
244+LEHE
245+Committee Vote: Yeas 12, Nays 0
246+HB 1147—LS 6294/DI 77