Sec. 43. (a) Except as provided in subsection (c), a political subdivision (as defined in IC 36-1-2-13 ) may not regulate the advertising, labeling, distribution, sale, transportation, storage, or use of seed. (b) A political subdivision may, by resolution, petition the state seed commissioner for a hearing to allow a waiver to adopt an ordinance because of special circumstances relating to the advertising, labeling, distribution, sale, transportation, storage, or use of seed. If a petition is received, the state seed commissioner shall hold a public hearing to consider granting the waiver requested. The public hearing must be conducted in an informal manner. IC 4-21.5 does not apply to a public hearing under this section. (c) If the state seed commissioner, after a public hearing under subsection (b), grants a political subdivision's petition for a waiver, the political subdivision may regulate the advertising, labeling, distribution, sale, transportation, storage, or use of seed to the extent allowed by the waiver. [Pre-2008 Recodification Citation: 15-4-1-16.] IC 15-15-2 Chapter 2. Sale and Transfer of Plant Cultures 15-15-2-1 Application of chapter 15-15-2-2 "Person" 15-15-2-3 Materials for plant growth; samples; statement; registration certificate; permit; grounds for refusal or cancellation of permit 15-15-2-4 Label; information required 15-15-2-5 Violations; exceptions 15-15-2-6 Fees; disposition 15-15-2-7 Taking samples 15-15-2-8 Interference with inspection or taking samples; violation 15-15-2-9 State chemist's authority; rules; permits; registration
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