Sec. 10. (a) As used in this section, “commissioner” refers to the state seed commissioner.

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Terms Used In Indiana Code 15-15-7-10

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • farmer: refers to a person who is engaged in commercial farming and who plants seed in Indiana under a seed contract to grow a commercial crop. See Indiana Code 15-15-7-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • seed: refers to agricultural seed (as defined in IC 15-15-1-2) or vegetable seed (as defined in IC 15-15-1-24) used to grow a commercial agricultural or a commercial vegetable crop. See Indiana Code 15-15-7-5
  • seed contract: refers to a written contract between a seed supplier and a farmer that a farmer must sign to obtain the seed or the right to plant the seed. See Indiana Code 15-15-7-6
  • seed supplier: refers to a person engaged in commercial production or supply of either of the following:

    Indiana Code 15-15-7-7

     (b) A seed contract may not give or be interpreted to give a seed supplier or an agent of a seed supplier the right to enter real property owned or occupied by the farmer to acquire samples of the crop grown from the seed or any other plant growing on the real property unless all of the following apply:

(1) The seed supplier gives written notice to the farmer and the commissioner of the seed supplier’s intent to enter the real property. The notice must be given not later than five (5) business days before the day the seed supplier or the seed supplier’s agent enters the real property. The notice must include the following information:

(A) The date and time of the entry upon the land.

(B) The purpose for the entry upon the land.

(2) The seed supplier must permit the farmer, the commissioner, or the agents of the farmer or the commissioner to accompany the seed supplier or the seed supplier’s agent while samples are taken.

(3) The seed supplier must permit the farmer, the commissioner, or the agents of the farmer or the commissioner to take matching samples or receive split samples of any samples taken by the seed supplier.

     (c) The seed supplier must provide reasonable cooperation to the farmer, the commissioner, or the agents of the farmer or the commissioner during the course of activities described in subsection (b)(2) and (b)(3).

     (d) If the commissioner or an agent of the commissioner accompanies the seed supplier on the real property to take samples under this section, the seed supplier and the farmer shall each pay fifty percent (50%) of the reasonable costs incurred by the commissioner or the commissioner’s agent, as determined by the commissioner, in connection with the activities.

     (e) In an action on the seed contract between the seed supplier and the farmer, the prevailing party may recover the costs that the prevailing party paid under subsection (d) in addition to any other damages to which the prevailing party is entitled.

     (f) A seed supplier may obtain an order from a court with jurisdiction authorizing the seed supplier or the seed supplier’s agent to enter real estate owned or occupied by a farmer and on which seed that is the subject of a seed contract is growing. If the court issues an order, the order must require that if any samples are taken, matching or split samples must be taken by a person who is independent from the seed supplier.

     (g) The commissioner may adopt rules under IC 4-22-2 to implement this section.

[Pre-2008 Recodification Citation: 15-4-13-11.]

As added by P.L.2-2008, SEC.6.

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