Sec. 17. (a) A buyer that seeks to assert a claim under this chapter shall invoke arbitration under this chapter by filing a sworn complaint with the commissioner together with a filing fee of one hundred dollars ($100). The buyer shall serve a copy of the complaint upon the seller by certified mail.
(b) Except in the case of seed that has not been planted, the claim shall be filed within a reasonable time after the alleged defect or violation becomes apparent so as to permit effective inspection of:
(1) the crops or plants under field conditions; or
(2) the grain harvested from the crops or plants.
(c) Notwithstanding subsection (b), a claim must be filed not later than ninety (90) days after completion of the harvest of the crop of the seed at issue.
[Pre-2008 Recodification Citation: 15-4-11-14.]
As added by P.L.2-2008, SEC.6.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 5. Indiana Seed Arbitration Council
15-15-5-1. Applicability of Chapter; Notice
15-15-5-2. Uniform Arbitration Act; Applicability
15-15-5-3. "Agricultural or Vegetable Seeds"
15-15-5-9. Indiana Seed Arbitration Council Established
15-15-5-11. Authority of Council; Investigations; Hearings; Subpoenas
15-15-5-12. Conditions Precedent to Civil Suit; Tolling of Limitations
15-15-5-13. Counterclaims or Defenses; Notice
15-15-5-14. Binding Effect of Arbitration Report
15-15-5-15. Absence of Agreement to Be Bound by Arbitration; Presentation of Post Report Claims
15-15-5-16. Report of Arbitration as Evidence in Subsequent Litigation
15-15-5-17. Filing Arbitration Claim; Filing Fee; Time of Complaint
15-15-5-18. Answer to Complaint; Filing Fee
15-15-5-19. Investigation; Payment of Costs; Disposition of Payments
15-15-5-20. Council Investigation of Complaint
15-15-5-21. Report of Findings
15-15-5-22. Council Report; Contents
15-15-5-23. Delegation of Investigation
15-15-5-24. Confidentiality of Trade Secrets and Proprietary Information
15-15-5-25. Per Diem and Travel Expenses
15-15-5-26. Transmission of Report to Parties
15-15-5-27. Settlement Recommendation; Acceptance or Rejection of Recommendation