1. (a) The state seed commissioner shall charge the amount set forth in this section.

2. (b) A person who distributes agricultural seed 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. Subject to subsection (i), the inspection fee is the following:

   1. (1) Thirty cents ($0.30) per one hundred (100) pounds of alfalfa, clover, vegetable, and grass seed, and mixtures of the seeds, with a minimum payment of seven and one-half cents ($0.075) for each package or container weighing more than one (1) pound.
   2. (2) Fifteen cents ($0.15) per one hundred (100) pounds of all agricultural seed other than seeds described in subdivision (1), with a minimum payment of three and three-fourths cents ($0.0375) for each package or container weighing more than one
   3. (1) pound.

3. (c) A person who distributes vegetable seeds in:

   1. (1) packets as prepared for use in home gardens or household plantings; or

   2. (2) preplanted containers, mats, tapes, or other planting devices;

      in containers of not more than one (1) pound shall pay three dollars ($3) for each retail location offering the assortments or display units of seed for sale in Indiana.

4. (d) When applying for a permit under subsection (c), the distributor must agree to the following:

   1. (1) Label the seed with the information required by law.
   2. (2) Keep the records the state seed commissioner considers necessary to indicate accurately the number and size of containers of each kind of agricultural seed and vegetable seed distributed and the quantity of the seed distributed in bulk.
   3. (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. (4) Report under oath to the state seed commissioner on forms furnished by the state seed commissioner the quantity of agricultural seed and vegetable seed sold during the period covered.
5. (e) The state seed commissioner may grant a permit under subsection (b) if the state seed commissioner determines that the applicant's proposed report of the quality of agricultural seed 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 (d).

6. (f) Subject to subsection (j), the report required under subsection (d)(4) must be filed and inspection fees must be paid semiannually as follows:

   1. (1) For the first half semiannual reporting period beginning January 1 and ending June 30, not later than July 31.
   2. (2) For the second half semiannual reporting period beginning July 1 and ending December 31, not later than January 31.

7. (g) If the:

   1. (1) report is not filed and the inspection fee not paid not more than fifteen (15) days following the due date;
   2. (2) report of quantity sold is false; or

   3. (3) labeling requirements of this chapter have not been complied with;

      the state seed commissioner may revoke the distributor's permit.

8. (h) If the report is not filed and the inspection fee not paid on the sixteenth day following the due date described in subsection (f), a penalty must be assessed in the amount of:

   1. (1) fifty dollars ($50); or

   2. (2) ten percent (10%) of the amount due;

      whichever is greater, in addition to the amount due.

9. (i) If a report is required under this section, the minimum inspection fee is ten dollars ($10) per reporting period.
10. (j) An inspection fee is not required to be paid on seed supplied to a wholesaler whose predominant business is to supply other distributors rather than consumers of seed. Seeds distributed under all other conditions (except those specifically exempted in section 31 of this chapter) must be completely labeled and the inspection fee must be paid for the seeds when distributed. The inspection fee is not required to be paid more than once on any shipment of seed.
11. (k) Two (2) times each year the state seed commissioner shall issue a credit to any distributor of seed for the inspection fee paid to the distributor's supplier on seed subsequently sold to a wholesaler.

As added by P.L.82-2026, SEC.24.