Sec. 41. A person may not do any of the following:

(1) Detach, alter, deface, or destroy any label provided for in this chapter or the rules adopted under this chapter.

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Terms Used In Indiana Code 15-15-1-41

  • brand: means a word, name, number, or design used to identify seed of one (1) person to distinguish it from seed of another person. See Indiana Code 15-15-1-3
  • distribute: means to sell, offer to sell, barter, or supply or transport for sale agricultural or vegetable seed for sowing and seeding purposes in Indiana. See Indiana Code 15-15-1-6
  • kind: means one (1) or more related species or subspecies of plant that singly or collectively are known by one (1) common name, including corn, oats, alfalfa, and timothy. See Indiana Code 15-15-1-9
  • label: means the display or displays of written, printed, or graphic matter on or attached to a seed container or accompanying seed sold in bulk quantities. See Indiana Code 15-15-1-10
  • labeling: refers to the use of labels or other written, printed, or graphic representations in any form accompanying or associated with a lot of seed whether in bulk or in containers. See Indiana Code 15-15-1-11
  • lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Indiana Code 15-15-1-13
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • noxious weed seed: means either of the following:

    Indiana Code 15-15-1-14

  • permit: means a written authorization granted by the seed commissioner and required under this chapter before a person may distribute agricultural or vegetable seed in Indiana subject to this chapter. See Indiana Code 15-15-1-15.5
  • person: means an individual, a partnership, a company, or a corporation. See Indiana Code 15-15-1-16
  • treated: refers to seed that has been subjected to an application of a substance or a process to:

    Indiana Code 15-15-1-21

  • variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which a plant can be differentiated from other plants of the same kind. See Indiana Code 15-15-1-23
  • vegetable seed: means the seeds:

    Indiana Code 15-15-1-24

  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) Alter or substitute seed in a manner that may defeat the purpose of this chapter.

(3) Disseminate false or misleading advertisements concerning agricultural or vegetable seed.

(4) Hinder or obstruct in any way an authorized person in the performance of the person’s duties under this chapter.

(5) Fail to comply with a stop sale order issued under section 27 of this chapter.

(6) Use the word:

(A) “trace” as a substitute for any statement required by this chapter; or

(B) “type” in any labeling in connection with the name of any seed variety.

(7) Use a state seed commissioner tag or label more than once.

(8) Sell grain or other seed that has been treated to any person for any purpose unless the grain or seed is clearly labeled as required in sections 32 and 33 of this chapter.

(9) Distribute seed colored so that it does not contrast with the natural color of the seed.

(10) Distribute noxious weed seed without a special use permit issued by the seed commissioner under section 27(b)(17) of this chapter.

(11) Assign the same brand designation to more than one (1) variety or blend of the same kind of seed, if not sold by variety name.

(12) Use relabeling stickers unless the relabeling stickers state:

(A) both the calendar month and year the germination test was completed and the sell-by date, as required under sections 32 and 33 of this chapter; and

(B) the lot number that matches the existing original lot number.

(13) Relabel a seed lot using stickers more than once.

[Pre-2008 Recodification Citation: 15-4-1-6(b).]

As added by P.L.2-2008, SEC.6. Amended by P.L.75-2010, SEC.9.