2021 Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 13. Industrial Hemp
15-15-13-9. Hemp Seed; Seed Distributor Permit; Records; Audit; Inspections; License Revocation; Detention of Crops; Cost of Testing
Sec. 9. (a) An agricultural hemp seed production license issued under this chapter authorizes a grower or handler to produce and handle agricultural hemp seed for sale to licensed hemp growers and handlers. A seller of agricultural hemp seed shall ensure that the seed complies with any standards set by the state seed commissioner. The state seed commissioner shall make available to growers information that identifies sellers of agricultural hemp seed.
(b) A person who sells agricultural hemp seed to a grower must be a seed distributor who has a permit under IC 15-15-1-34.
(c) All growers and handlers must keep records in accordance with rules adopted by the state seed commissioner. Upon at least three (3) days notice, the state seed commissioner may audit the required records during normal business hours. The state seed commissioner may conduct an audit for the purpose of ensuring compliance with:
(1) this chapter;
(2) rules adopted by the state seed commissioner; or
(3) hemp license or agricultural hemp seed production license requirements, terms, and conditions.
(d) In addition to an audit conducted in accordance with subsection (c), the state seed commissioner may inspect independently, or in cooperation with the state police department, a federal law enforcement agency, or a local law enforcement agency, any hemp crop during the crop's growth phase and take a representative composite sample for field analysis. If a crop contains an average delta-9-tetrahydrocannabinol (THC) concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis, the state seed commissioner may detain, seize, or embargo the crop.
(e) The state seed commissioner may revoke a license issued under this chapter to a person that fails to cooperate with:
(1) the state seed commissioner;
(2) the state police;
(3) a federal law enforcement agency; or
(4) a local law enforcement agency;
in an inspection, or in the taking of a sample, under subsection (d).
(f) A failure to cooperate described in subsection (e) constitutes probable cause for the state seed commissioner, state police, federal law enforcement agency, or local law enforcement agency to search the premises of the licensee's hemp operation.
(g) If the state police department, a federal law enforcement agency, or a local law enforcement agency cooperates with the state seed commissioner in the detention, seizure, or embargo of a crop under this section:
(1) the state police department, federal law enforcement agency, or local law enforcement agency; and
(2) any officer or employee of the state police department, federal law enforcement agency, or local law enforcement agency who is involved in the detention, seizure, or embargo;
is immune from civil liability for the detention, seizure, or embargo.
(h) The state seed commissioner may order a hemp crop that is detained, seized, or embargoed for noncompliance with this chapter to be destroyed by the owner. However, except as prohibited by federal law, the grower may appeal to the state seed commissioner for the hemp crop to be diverted to a willing licensed processor for processing and sale for industrial use. A hemp crop that is detained, seized, or embargoed may not be used for cannabidiol, other extracts, oil, food, or cosmetic products that are used for humans or animals.
(i) A grower shall reimburse the state seed commissioner for the cost of testing conducted on the grower's crop under this section.
As added by P.L.165-2014, SEC.1. Amended by P.L.139-2016, SEC.1; P.L.190-2019, SEC.10.
