(1) Any seed dealer or labeler against whom suit is brought in any state or federal court by a buyer who alleges that he or she has been damaged by the failure of seeds purchased from a seed dealer to perform as labeled, may request an investigation by the arbitration committee.
(2) A filing fee of two hundred fifty dollars ($250) plus one dollar ($1.00) per acre filed on, not to exceed a total of seven hundred fifty dollars ($750), shall be paid by the party.
(3) The Director of the State Plant Board shall refer the complaint and the answer to the complaint to the arbitration committee provided in § 2-23-104 for investigation, findings, and recommendations on the matters complained of.