2021 Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 11. Promotion of Agricultural Products
15-15-11-15. Fee Collection; Penalty; Individual Commodity Council Market Development Fund; Accounting Statement

Sec. 15. (a) Except as provided in subsection (b), the dean of agriculture shall collect the fee imposed under the commodity market development program from the producers, handlers, or processors.

(b) This subsection applies to a commodity market development program for cattle, dairy products, or soybeans. The dean of agriculture shall collect ninety-seven percent (97%) of the fee imposed under the commodity market development program from the producers, handlers, or processors. A producer, handler, or processor may retain the remaining three percent (3%) as compensation for collecting the fee.

(c) If a market development fee is unpaid on the date that the fee was due, a penalty of one percent (1%) per month is imposed beginning on the date the fee was due until payment plus the penalty is received by the dean of agriculture. If, after notice, a person defaults in a payment of the fee or penalties imposed under this subsection, the amount due shall be collected by civil action in the name of the state of Indiana at the request of the dean of agriculture, and the person adjudged in default shall pay the costs of the action. The attorney general, at the request of the dean of agriculture, and, if requested by the attorney general, the prosecuting attorney of any county, in which a cause of action arose under the provisions for the collection of fees due and unpaid, shall institute proper action in an Indiana court for the collection of unpaid fees and penalties.

(d) The individual commodity council market development fund is established. The fund consists of all fees paid to the dean of agriculture under that agricultural commodity program. The dean of agriculture shall spend all money credited to the fund, less administration expenses, for the use and benefit of the commodity market development council for which the fund is established.

(e) The dean of agriculture shall submit an annual statement to the commodity market development council that shows all receipts, administration expenses, refunds, and the balance credited to the fund.

(f) Not more than one (1) fee may be collected for an agricultural commodity under this chapter.

[Pre-2008 Recodification Citation: 15-4-3.5-7.]

As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.5.