(1) As a prerequisite to filing a cause of action in court against a seedsman, a consumer who is damaged by the failure of agricultural, vegetable, flower or forest tree seed to properly produce or perform, as represented by the label or labeling whether related to specific representations on the label, other information on the seed container or conditions attributed to the quality of the seed, shall make a sworn complaint against such seedsman alleging damages sustained. The complaint shall be accompanied by documentation from a recognized professional verifying that there is a connection between the seed and the performance or production problem. The complaint shall be filed with the department and the department shall send a copy of the complaint to the seedsman by certified mail, within such time as to permit inspection of the crops, plants or trees by the seed arbitration council or its representatives and by the seedsman from whom the seed was purchased.

(2) Language setting forth the requirement for filing and serving the complaint shall be legibly typed or printed on the seed packages or the analysis label attached to the package containing such seed at the time of purchase by the consumer as follows:

“NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to properly produce or perform, as represented by the label or labeling, a consumer shall file a sworn complaint with the Commissioner of Agriculture and Commerce within such time as to permit inspection of the crops, plants or trees.”

If language setting forth the requirement is not so placed on the seed package or analysis label, the filing and serving of a complaint under this section is not required.

(3) A filing fee of Two Hundred Fifty Dollars ($250.00) shall be paid to the department with each complaint filed. The fee shall be recovered from the dealer upon the recommendation of the arbitration council.

(4) Within fifteen (15) days after receipt of a copy of the complaint, the seedsman shall file with the department his answer to the complaint and serve a copy of the answer on the consumer by certified mail.

(5) The department shall refer the complaint and the answer to the council for investigation, findings and recommendations on the matters set out in the complaint. Upon receipt of the findings and recommendations of the council, the department shall transmit them to the consumer by certified mail.

(6) The consumer and seedsman shall give written notice to the department of the acceptance or rejection of the council’s recommended terms of settlement within thirty (30) calendar days from the date the recommended terms of settlement are issued by the arbitration council.