IN
Indiana Senate Bill SB0129

Indiana 2022 Regular Session

Indiana Senate Bill SB0129 Compare Versions

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1+*SB0129.1*
2+January 12, 2022
3+SENATE BILL No. 129
4+_____
5+DIGEST OF SB 129 (Updated January 10, 2022 10:17 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+Leising, Glick
20+January 4, 2022, read first time and referred to Committee on Agriculture.
21+January 11, 2022, reported favorably — Do Pass.
22+SB 129—LS 6295/DI 77 January 12, 2022
123 Second Regular Session of the 122nd General Assembly (2022)
224 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
325 Constitution) is being amended, the text of the existing provision will appear in this style type,
426 additions will appear in this style type, and deletions will appear in this style type.
527 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
628 provision adopted), the text of the new provision will appear in this style type. Also, the
729 word NEW will appear in that style type in the introductory clause of each SECTION that adds
830 a new provision to the Indiana Code or the Indiana Constitution.
931 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1032 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 129
12-AN ACT to amend the Indiana Code concerning agriculture and
13-animals.
33+SENATE BILL No. 129
34+A BILL FOR AN ACT to amend the Indiana Code concerning
35+agriculture and animals.
1436 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-SEA 129 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-SEA 129 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-SEA 129 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-SEA 129 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-SEA 129 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-SEA 129 President of the Senate
214-President Pro Tempore
215-Speaker of the House of Representatives
216-Governor of the State of Indiana
217-Date: Time:
218-SEA 129
37+1 SECTION 1. IC 15-15-1-27, AS AMENDED BY P.L.75-2010,
38+2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39+3 JULY 1, 2022]: Sec. 27. (a) The state seed commissioner shall
40+4 administer this chapter. The state seed commissioner may authorize an
41+5 agent to act for the state seed commissioner under this chapter.
42+6 (b) The state seed commissioner may do any of the following to
43+7 administer this chapter:
44+8 (1) Sample, inspect, analyze, and test agricultural and vegetable
45+9 seed distributed within Indiana for seeding and sowing purposes,
46+10 when, where, and to the extent the state seed commissioner
47+11 considers necessary to determine whether the agricultural or
48+12 vegetable seed is in compliance with this chapter.
49+13 (2) Notify a seed distributor of any violations of this chapter.
50+14 (3) Adopt rules:
51+15 (A) governing:
52+16 (i) methods of sampling, inspecting, analyzing, testing, and
53+17 examining agricultural and vegetable seed; and
54+SB 129—LS 6295/DI 77 2
55+1 (ii) tolerances to be followed in the administration of this
56+2 chapter; and
57+3 (B) necessary for the efficient enforcement of this chapter.
58+4 (4) Adopt rules to establish lists of prohibited and restricted
59+5 noxious weeds.
60+6 (5) Adopt rules to establish reasonable standards of germination
61+7 (as defined by rule adopted under section 28 of this chapter) for
62+8 vegetable seed.
63+9 (6) Adopt rules to establish standards for the effectiveness of
64+10 legume inoculant applied to pre-inoculated seed.
65+11 (7) Adopt rules to govern the treatment of seed and the labeling
66+12 and distribution of treated seed.
67+13 (8) Publish at least one (1) time each year, in the form the seed
68+14 commissioner considers proper, information concerning:
69+15 (A) the sales of agricultural and vegetable seed; and
70+16 (B) the results of the analysis of official samples of
71+17 agricultural and vegetable seed sold within Indiana as
72+18 compared with the analysis guaranteed on the label.
73+19 Information concerning production and use of agricultural and
74+20 vegetable seed may not disclose the operation of any person.
75+21 (9) Enter any:
76+22 (A) public or private property during regular business hours;
77+23 or
78+24 (B) vehicle that transports seed, whether by land, water, or air,
79+25 at any time the vehicle is accessible;
80+26 to inspect seed and the records relating to the seed, subject to this
81+27 chapter and the rules adopted under this chapter.
82+28 (10) As used in this subdivision, "stop sale order" refers to a
83+29 written order issued by the state seed commissioner to the owner
84+30 or custodian of a lot of agricultural or vegetable seed that the state
85+31 seed commissioner has found violates this chapter or rules
86+32 adopted under this chapter. The state seed commissioner may
87+33 issue and enforce stop sale orders. A stop sale order prohibits the
88+34 future sale, processing, and movement of the seed until the state
89+35 seed commissioner issues a release from the stop sale order. The
90+36 owner or custodian of the seed is entitled to appeal a stop sale
91+37 order to a court with jurisdiction in the locality in which the seed
92+38 is found, as provided in IC 4-21.5, seeking a judgment as to the
93+39 justification for the order for the discharge of the seed from the
94+40 stop sale order in accordance with the findings of the court. This
95+41 subdivision does not limit the right of the state seed commissioner
96+42 to proceed as otherwise authorized by this chapter.
97+SB 129—LS 6295/DI 77 3
98+1 (11) Establish and maintain or make provisions for seed testing
99+2 facilities.
100+3 (12) Employ qualified persons.
101+4 (13) Incur necessary expenses.
102+5 (14) Test or provide for testing seed for purity and germination
103+6 (as defined by rule adopted under section 28 of this chapter) for
104+7 farmers and dealers on request of a farmer or dealer and:
105+8 (A) prescribe rules governing such testing; and
106+9 (B) charge for the tests made.
107+10 Without adopting a rule, the state seed commissioner shall
108+11 charge fees that are commensurate with fees that are
109+12 standard in the seed testing industry.
110+13 (15) Cooperate with the United States Department of Agriculture
111+14 and other agencies in seed law enforcement.
112+15 (16) Enter the property of a producer of hybrid seed to determine
113+16 whether the seed produced is as the seed is represented.
114+17 (17) Issue a written special use permit to a person to use a
115+18 prohibited noxious weed seed or a restricted noxious weed seed
116+19 for purposes of research, development, production, or education,
117+20 subject to subsection (c).
118+21 (18) Adopt rules under IC 4-22-2 to establish fees that are
119+22 necessary for the administration of this chapter, including costs of
120+23 inspections, analysis, and publications.
121+24 (19) Adopt rules under IC 4-22-2 to establish civil fines for the
122+25 following:
123+26 (A) Failure to submit a report required under this chapter.
124+27 (B) Failure to pay a fee required under this chapter.
125+28 (c) The seed commissioner, in response to an application for the
126+29 issuance of a special use permit under subsection (b)(17), may:
127+30 (1) issue a special use permit;
128+31 (2) issue a special use permit subject to conditions; or
129+32 (3) deny a special use permit request.
130+33 In determining whether to issue a special use permit, the seed
131+34 commissioner shall consider each species of prohibited noxious weed
132+35 or restricted noxious weed separately. The seed commissioner may
133+36 revoke a special use permit at any time if it appears that the permit
134+37 holder is not complying with the conditions established under the
135+38 special use permit.
136+39 SECTION 2. IC 15-15-1-34, AS AMENDED BY P.L.75-2010,
137+40 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
138+41 JULY 1, 2022]: Sec. 34. (a) A distributor of agricultural seed in
139+42 packages of not more than one (1) pound shall pay not later than
140+SB 129—LS 6295/DI 77 4
141+1 January 15 of each year an annual fee of forty-five dollars ($45) for
142+2 each brand of seed distributed. Payment of an annual fee is not required
143+3 of retailers who furnish quantities of not more than one (1) pound from
144+4 a properly labeled container of seed on which the inspection fee has
145+5 been paid.
146+6 (b) (a) A person who distributes agricultural or vegetable seed in
147+7 Indiana may apply to the state seed commissioner for a permit to use
148+8 the person's own labeling, report the quantity of seed sold, and pay the
149+9 inspection fee on the basis of the report.
150+10 (c) (b) In making application for a permit under subsection (b), (a),
151+11 the distributor must agree to the following:
152+12 (1) Label the seed with the information required by law.
153+13 (2) Keep the records the state seed commissioner considers
154+14 necessary to indicate accurately the number and size of containers
155+15 of each kind of agricultural and vegetable seed distributed and the
156+16 quantity of such seed distributed in bulk.
157+17 (3) Grant the state seed commissioner or the state seed
158+18 commissioner's authorized representative permission to examine
159+19 the records described in subdivision (2) and verify the statement
160+20 of quantity of seed distributed.
161+21 (4) Report under oath to the state seed commissioner on forms
162+22 furnished by the state seed commissioner the quantity of
163+23 agricultural and vegetable seed sold during the period covered.
164+24 (d) (c) The state seed commissioner may grant a permit under
165+25 subsection (b) (a) if the state seed commissioner determines that the
166+26 applicant's proposed report of the quality of agricultural and vegetable
167+27 seed sold will lead to efficient enforcement of this chapter. The state
168+28 seed commissioner may revoke the permit at any time if it appears to
169+29 the state seed commissioner that the distributor is not complying with
170+30 the agreement described in subsection (c) (b) or this chapter. If:
171+31 (1) the report is not filed and the inspection fee not paid before
172+32 ten (10) days following the due date;
173+33 (2) the report of volume is false; or
174+34 (3) the labeling requirements of this chapter have not been
175+35 complied with;
176+36 the state seed commissioner may revoke the permit. If the inspection
177+37 fee is unpaid after the ten (10) day grace period, a penalty shall be
178+38 assessed in the amount of ten percent (10%) in addition to the amount
179+39 due.
180+40 (e) (d) The report of quantity sold required under subsection (c)(4)
181+41 (b)(4) is due, and the inspection fees required under this chapter are
182+42 payable, semiannually on the last day of the month following the end
183+SB 129—LS 6295/DI 77 5
184+1 of the semiannual period. The first half reporting period ends June 30
185+2 and the second half reporting period ends December 31.
186+3 SECTION 3. IC 15-15-2-6, AS ADDED BY P.L.2-2008, SECTION
187+4 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
188+5 2022]: Sec. 6. (a) The state chemist shall charge, collect, and receive
189+6 the sum a minimum fee of twenty-five dollars ($25):
190+7 (1) at the time of registering a pure or mixed culture of
191+8 microorganisms or materials described in section 3 of this chapter
192+9 for each material or culture registered; and
193+10 (2) not later than the fifteenth day of January of each succeeding
194+11 year until the pure or mixed cultures of microorganisms or
195+12 material is no longer sold, distributed, offered, or displayed for
196+13 sale in Indiana.
197+14 (b) Money received under subsection (a) must be forwarded to the
198+15 treasurer of Purdue University, who shall expend the money on
199+16 vouchers to be filed with the auditor of state to pay all necessary
200+17 expenses incurred in implementing this chapter, including:
201+18 (1) the employment of inspectors, chemists, and bacteriologists;
202+19 (2) the expenses incurred in procuring samples;
203+20 (3) printing bulletins; and
204+21 (4) giving the results of inspections, as provided by this chapter;
205+22 and for any other expenses of Purdue University agricultural programs,
206+23 as authorized by law and in support of the purposes of this chapter.
207+24 (c) The dean of agriculture of Purdue University shall submit to the
208+25 governor an annual classified report showing the total receipts and
209+26 expenditures of all fees received under this chapter.
210+27 (d) Excess funds from the collection of fees under this chapter are
211+28 subject to IC 15-16-2-36.
212+29 SECTION 4. IC 15-15-2-9, AS ADDED BY P.L.2-2008, SECTION
213+30 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
214+31 2022]: Sec. 9. (a) The state chemist may:
215+32 (1) prescribe and enforce rules necessary to implement this
216+33 chapter;
217+34 (2) refuse to issue a permit; or
218+35 (3) refuse to register or cancel the registration of any product used
219+36 for promoting plant growth or any pure or mixed cultures of
220+37 microorganisms or materials used for promoting plant growth if
221+38 the state chemist believes the product, cultures, or materials:
222+39 (A) are registered under a name that would be misleading as
223+40 to the materials of which they are made; or
224+41 (B) are sold under false or misleading claims.
225+42 (b) The state chemist may adopt rules under IC 4-22-2 to
226+SB 129—LS 6295/DI 77 6
227+1 establish fees that are necessary for the administration of this
228+2 chapter, including costs of inspections, registration of products,
229+3 and product analysis.
230+4 SECTION 5. [EFFECTIVE JULY 1, 2022] (a) 360 IAC 1-7-1 and
231+5 360 IAC 1-7-2 are void. The publisher of the Indiana
232+6 Administrative Code and Indiana Register shall remove these
233+7 sections from the Indiana Administrative Code.
234+8 (b) This SECTION expires July 1, 2023.
235+SB 129—LS 6295/DI 77 7
236+COMMITTEE REPORT
237+Madam President: The Senate Committee on Agriculture, to which
238+was referred Senate Bill No. 129, has had the same under consideration
239+and begs leave to report the same back to the Senate with the
240+recommendation that said bill DO PASS.
241+ (Reference is to SB 129 as introduced.)
242+
243+LEISING, Chairperson
244+Committee Vote: Yeas 8, Nays 0
245+SB 129—LS 6295/DI 77