IndianaHB 1361Second Regular Session 124th General Assembly (2026)HouseWALLET

Fertilizer.

Sponsored By: Beau Baird (Republican)

Signed by Governor

Summary

Codifies commercial fertilizer administrative rules. Defines or amends certain terms. Codifies certain requirements and processes for commercial fertilizer with respect to: (1) label format; (2) registration; (3) sampling and analysis; (4) primary containment of fluid bulk fertilizer at storage facilities; (5) operational area containment for fluid fertilizers; (6) diked secondary containment of fluid bulk fertilizers; (7) storage and handling of dry bulk fertilizers; and (8) storage facility location registry.

environmental affairsthe senateagricultureappropriations

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Bill Overview

Analyzed Economic Effects

31 provisions identified: 3 benefits, 9 costs, 19 mixed.

Fertilizer exam cheating brings lengthy bans

Breaking exam procedures or giving or receiving unauthorized help ends the exam process for everyone involved. Those people cannot take the certified applicator exam for five years. False renewal reports or misrepresented participation erase all accumulated training credits. People providing false renewal information also lose access to future credit events and face statutory penalties.

Farms face fertilizer staging time limits

Beginning July 1, 2026, inorganic fertilizer staging is barred within 300 feet of surface water, drainage inlets, or wells. Beyond 72 hours, it must be covered and applied to a target field within 30 days. Organic staging within that 300-foot zone requires a cover or gradient barrier; slopes over 6% require control of incoming water and runoff. Organic staging beyond 72 hours requires a cover or gradient barrier, application within 120 days, and setbacks of 100 feet from property lines and public roads and 400 feet from homes. Neither type may be staged in standing water, waterways, or floodways.

Farms face winter manure application limits

Beginning July 1, 2026, highly erodible land needs at least 40% crop residue or a cover crop before receiving unmanipulated organic fertilizer. On frozen or snow-covered ground, application is barred within 200 feet of surface water and in floodways. Applications also cannot exceed 50% of the planned crop's agronomic rate—the fertilizer rate suited to that crop. Slopes over 2% need at least 40% crop residue or a cover crop. These frozen-ground limits do not apply when fertilizer is injected or worked into the soil that same day.

Fertilizer operators face tank material limits

Beginning July 1, 2026, underground and lined-pit fluid fertilizer storage is generally barred, with exceptions for temporary watertight catch basins and 316 or 317 stainless-steel containers. State-Chemist-approved containers require an approved liner and groundwater monitoring. Copper, brass, zinc, and copper-base alloys are prohibited; aluminum is barred for fluid fertilizers containing phosphates or chlorides. Low-pressure nitrogen storage has further material bans, excluding nonpressure 28%, 30%, or 32% solutions; aqua ammonia is exempt from the mild-steel ban. Corrosion protection and suitable linings allow specified ferrous materials, while potassium-chloride fertilizer permits protected materials or storage periods of no more than six months with cleaning and leak checks between periods. Tanks cannot exceed designed capacity, accounting for fluid density and heat expansion.

Farms face broader fertilizer licensing rules

Beginning July 1, 2026, covered crop fertilizer work requires licensed or certified applicators, or trained employees under certified supervision. Covered distributors need business licenses and must sell to licensed businesses or qualified applicators; covered hired transporters also face certification requirements. Licensing exemptions include confined-feeding-operation organic fertilizer below 10 cubic yards or 4,000 gallons yearly, qualifying biosolids, and inorganic fertilizer sent to retailers. Common definitions include unmanipulated manure but exclude biosolids, industrial waste, pollutant-bearing water, and plaster from the revised fertilizer-material definition. The crop-use chapter also exempts annual amounts below 10 cubic yards or 4,000 gallons; permitted livestock operations follow stricter applicable water rules, which satisfy similar chapter requirements.

More protections for manure fertilizer buyers

Beginning July 1, 2026, distributors must give buyers a written or printed guaranteed nutrient analysis with each manure-based fertilizer delivery. The law bans misleading product and advertising claims, harmful amounts of substances, and labels missing needed safety warnings or directions. If testing finds the fertilizer falls short of its registered guarantee, the State Chemist may order the registrant to refund the buyer. The refund equals the price paid minus the product’s current value after testing. If the buyer cannot be found, the registrant must pay a local charity or educational group of its choice and promptly send receipts to the State Chemist.

Fertilizer registrants can challenge test results

When fertilizer test results may trigger penalties or legal action, registrants generally receive them at least 30 days before buyers. If someone other than the State Chemist requested testing, both receive results immediately. Results become official after 30 days unless the chemist receives adequate evidence challenging them. Registrants can request part of the tested sample.

Fertilizer revenue supports Purdue education programs

Beginning July 1, 2026, fertilizer civil penalty money goes to a Purdue Pesticide Programs account for fertilizer education. The law also adds specified excess fertilizer fees to funds held by Purdue's treasurer and managed by its trustees. Those funds can support covered facilities and agricultural programs with governor and budget-agency approval and budget-committee review. No funding amount is specified.

Fertilizer businesses must keep detailed records

Covered licensed organic fertilizer distributors must record each recipient's name and applicator certification number, amount, nutrient values, and distribution date. Covered licensed applicators must record the site, applicator name and certification number, rate, nutrient values, fertilizer type, method, and date. Required chapter records must be kept for two years. Recordkeepers must provide access for inspection or copying within 30 days after the State Chemist's oral or written request.

Late fertilizer fees bring added penalties

Late payment of a fee under the fertilizer chapter brings a penalty equal to 100% of the required fee. That doubles the fee amount owed before any other applicable charges. Beginning July 1, 2026, manure-based fertilizer permit holders also face a specific late inspection-fee penalty. If that fee remains unpaid after the 15-day grace period, the penalty is $50 or 10% of the unpaid fee, whichever is greater.

Manure fertilizer sellers face sales controls

The State Chemist must set rules and distribution fees for manure-based fertilizer. Fraud or deception used to evade the law can lead to brand-registration cancellation or refusal after notice and a hearing opportunity. The Chemist can stop unlawful sales, use, or removal and require fertilizer to stay at a designated location. Release requires compliance and payment of withdrawal expenses, or other written authority resolving the violation. Courts can order seizure and, after finding a violation, condemnation and lawful disposal suited to the fertilizer's quality.

Manure fertilizer sellers pay registration fees

Beginning July 1, 2026, guarantors must register each qualifying manure-based fertilizer brand and grade before paid distribution in Indiana. Covered products are bulk, nonpackaged fertilizers with guaranteed analysis below 5% total nitrogen and below 10% combined nitrogen, available phosphate, and soluble potash. Registration includes the registrant, brand, grade, and guaranteed analysis; extra plant-food guarantees need State Chemist permission. Registration expires each June 30 and costs $20 per filing. Renewals received after July 31, or products found in distribution before registration, incur another $20 fee.

Manure fertilizer distributors pay inspection fees

Beginning July 1, 2026, manure-based fertilizer distribution to people without chapter registration or permits carries inspection fees. Each reporting period costs $100 for 0–1,250 tons, $500 for over 1,250 through 5,000 tons, or $1,000 above 5,000 tons. Sales or exchanges between importers, manufacturers, distributors, or registrants are exempt. Tonnage-reporting permit holders must keep accurate sales records, allow verification, and file sworn reports twice yearly. Reports and fees are due the last day of the month after each semiannual period. The State Chemist can deny permits that do not support efficient enforcement and revoke them for false reports or labeling failures. Reports or fees still missing by the fifteenth day after their deadline also permit revocation.

Fertilizer applicators get several renewal paths

Initial qualification requires a closed-book written exam, normally with a 75% passing score; eligibility lasts through December 31 of the fourth following year. Before expiration, applicators can renew by passing the exam, earning three continuing training hours, or attending three approved private-applicator training events. Credits must follow certification, no more than two count per year, and credits above three do not carry forward. Renewal eligibility lasts through December 31 of the fifth following year unless ended earlier; training approval requests are due 21 days before events. Approved events must meet access, attendance, monitoring, and topic rules without sales or hiring content; reciprocal credential waivers are available at the State Chemist's discretion.

Fertilizer penalties include limits and referrals

Beginning July 1, 2026, the State Chemist can refer fertilizer violations for prosecution or action by another agency. Civil penalties are optional, but any imposed must follow the statutory schedule. Only violations from the preceding five years count, with each scheduled violation tracked separately. Similar or related violations from one distinct act generally receive one penalty, using the highest scheduled amount. That limit does not cover unrelated acts or continuing or repeated violations.

Fertilizer workers gain supervised work options

Trained employees without certification can use or distribute covered fertilizer under a certified applicator’s supervision. The supervisor must be affiliated with the business doing the work and oversee no more than 10 such employees at once. Training must have State Chemist approval and be repeated when employees change employers. Supervisors must ensure and document training, give communication and spill-reporting instructions, and direct and monitor the work.

Fertilizer workers pay fees with waivers

Fertilizer business and commercial applicator license applications each cost $45; private applicator certification applications cost $20. Each fee is waived when the applicant has paid the matching pesticide fee for that year or private certification period. Applicator applicants must meet certification standards, and business and commercial licenses expire each January 1. Private certification expires January 1 of the fifth year after its issue year. Credential holders must report job or applicator-status changes in writing within 10 days and may apply to transfer or update credentials.

Older fertilizer tanks get containment alternatives

The State Chemist can set bulk fertilizer storage and distribution rules to protect state waters. Onsite-built tanks holding at least 100,000 gallons and in use before July 6, 1991, can use specified alternatives to an underneath liner. A company official must certify compliance in writing and file it with the State Chemist. Rail cars periodically moved to and from facilities are exempt from secondary containment; the Chemist can recognize equivalent protection methods. Containment areas cannot have relief outlets or valves, and operators must promptly remove collected liquid with manually activated pumps for blending or lawful disposal.

Businesses must cover dry fertilizer

Dry bulk fertilizer generally must stay indoors with a roof or cover, sidewalls, and a base that prevents seepage. Covered outdoor storage is limited to 30 days and must prevent seepage of runoff. Most loading, mixing, and handling need an impervious surface that allows spilled fertilizer to be recovered promptly. Field unloading sites are exempt from the surface requirement. These rules limit runoff but add storage and handling duties.

Farms face new fertilizer application rules

Beginning July 1, 2026, crop fertilizer applicators must prepare and follow site plans. They cannot apply fertilizer directly to surface water, saturated ground, or from public roads. Unmanipulated organic fertilizer has method-based setbacks: 500 feet from public water wells and surface intakes; 25–200 feet from surface waters and sinkholes; 50–200 feet from other wells; 5–200 feet from drainage inlets; and 0–50 feet from property lines and public roads. A gradient barrier with at least a 10-foot setback, or a filter strip at least 50 feet wide, provides an exception. Distances start at the edge of actual application; liquid incorporation means working fertilizer into soil within 24 hours. Applicators must check soil and rain forecasts during the preceding 24 hours and monitor drainage during and immediately after application. If application changes drainage color, flow, or volume, they must stop applying, stop or capture the discharge, and land-apply or store it.

Fertilizer businesses must secure storage equipment

Beginning July 1, 2026, fluid fertilizer containers and fittings must resist damage and prevent spills. Operators must anchor tanks when needed and protect equipment against wildlife, vandalism, and unauthorized access. Valves must be secured when the person responsible for security is absent, except on empty containers. Product reaching the containment-wall height counts as anchoring. Most hoses and pipes need containment or double sleeves; Schedule 80 or thicker pipe and stainless-steel hoses and piping are exempt. Underground piping must be stainless steel, have secondary containment, or pass annual pressure testing. Containers need protected liquid-level gauges or another state-approved measurement method; external sight-gauge valves must stay locked closed except during measurement. Containers must clearly identify their contents, without requiring net weight, and equipment must be maintained to reduce spills.

Fertilizer tanks need spill containment

Beginning July 1, 2026, fluid fertilizer tanks generally need containment with a base, walls, and sloped floor. Capacity must cover the largest tank's full volume plus displaced volume, with six inches of extra space unless rain-protected. Drainage tile is barred within or underneath containment; the area generally must stay separate from other materials, with an allowance for compliant anhydrous ammonia storage. Bases and earthen walls need concrete, steel, approved synthetic, or clay soil liners, and containment must stay maintained and debris-free. Qualifying containment built before July 6, 1991, at 110% capacity remains accepted, but alterations or increased tank volume trigger full compliance within 90 days. Tanks holding no more than 3,000 gallons may use a compatible outer containment ring instead of a diked area; rain protection removes its six-inch freeboard requirement. Loading areas generally need curbs, an impervious surface, and 750 gallons of containment over at least 10 by 20 feet. Liquids must be removed promptly; relief outlets are barred, and vehicle protection is required. Field unloading, qualifying shared containment, and advance-approved alternatives provide exceptions; synthetic- or soil-lined containment cannot serve as shared loading containment.

Local fertilizer rules require state waivers

Beginning July 1, 2026, local governments generally cannot regulate fertilizer storage or use without a State Chemist waiver. They must prove special circumstances and provide scientific evidence, prior mitigation and education efforts, and their proposed ordinance. Evidence is due at least 14 days before the hearing. The Chemist must give written reasons within 90 days after review and cannot consider economic impact or odor.

Manure operators must inspect and report spills

Processed manure storage operators must inspect structures monthly and record maintenance. Uncovered liquid storage needs two feet of freeboard unless the permit states otherwise, with level markers and stable, visible berms free of trees and shrubs. Operators must keep construction notices, emergency plans, spill and maintenance records, and permits for the permit term. Applications, site plans, affidavits, engineer certifications, and setback waivers must stay for the facility's life. Records belong on site or at the operator's permitted address; records unavailable on site must reach the State Chemist within 30 days after request. Operators must keep an emergency response plan and use it for every release. If manure reaches state waters, they must notify Indiana's environmental agency within two hours of discovery and report qualifying major updates within two hours. They must provide a written report when requested and make diligent efforts to notify covered downstream water users within 10 miles and affected property occupants. Affected-party notices do not apply to transport releases other than pipeline releases.

Manure storage faces stricter construction standards

Manure-based fertilizer storage must prevent releases, with bottoms at least two feet above bedrock and above seasonal groundwater unless approved drainage lowers it. Qualified professionals must perform required soil and groundwater testing; tanks must be watertight, secured against floating, and cannot be underground steel tanks. Earthen storage must meet the seepage limit of 1/16 cubic inch per square inch daily; without three feet of qualifying natural soil, a qualifying liner is required. Clay liners must be at least one foot thick. Solid processed manure storage must keep out rain or control stormwater; restricted sand or gravel sites need a specially designed, approved liner. Solid-manure earthen storage needs two test holes for the first acre and one per additional half-acre; liquid storage needs two for the first half-acre and one per additional half-acre. Liquid storage and transfer pipelines must meet specified conservation design standards; uncovered liquid storage needs two feet of freeboard unless another design is approved. Owners must give written notice at least two days before construction, reroute or block drainage, and cut it back at least 50 feet. A notarized compliance statement is due within 30 days after construction and before use; liquid structures also need engineer certification before use. Portions used early need separate notices and statements. Documented alternatives require prior State Chemist approval and equal or greater environmental protection, with written reasons for the decision.

Storage owners face new closure duties

Beginning July 1, 2026, fertilizer containers count as abandoned after more than six months unused because of weakness or leaks, or more than two years for any reason. Underground containers must be cleaned, removed or filled with inert solids, and sealed; aboveground containers must be cleaned and left open with connections severed. Owners must retain underground closure records showing size, location, and closure method; unused spill containment is not abandoned solely because it receives no spills. Owners closing processed manure storage must maintain it until manure is removed, follow the applicable conservation closure standard, and remove specified equipment from uncovered facilities. They must notify Indiana's environmental agency before demolition or conversion and certify compliance within 30 days after completing closure. The State Chemist can require added health or environmental safeguards based on contamination or releases, with the agency commissioner documenting the basis.

Fertilizer inspections gain clearer testing standards

The State Chemist can inspect manure-based fertilizer, storage, plans, and records on public or private premises during regular business hours. For authorized investigations or credential hearings, the Chemist can ask courts to subpoena witnesses or records. Available AOAC International testing methods control disputed analyses, and deficiency decisions must use the official sample. Beginning July 1, 2026, commercial fertilizer testing uses those methods, with suitable alternatives when coverage is missing or another method has demonstrated better applicability.

Fertilizer sellers face product safety rules

Beginning July 1, 2026, fertilizer containing pest-control additives must be registered and guarantee each additive's and plant-food element's kind and percentage. Labels must name intended crops and warn that other uses or conditions can cause serious crop injury. These disclosures help users but add duties for responsible businesses. The State Chemist also gains authority to set maximum nutrient content for mixed liquid fertilizer through formal rulemaking. Any rules must match current lawn care industry practices; the law itself sets no nutrient maximum.

Fertilizer violators face fines and sanctions

The State Chemist can warn or cite manure-based fertilizer violators, impose civil penalties, change registrations, or seek court orders stopping violations. Knowing or intentional violations of that chapter are Class A misdemeanors. The fertilizer penalty schedule ranges from $25 to $1,000, depending on the violation and prior offenses, assessed by day, incident, or year. Continuing violations can be charged for up to 180 days; identical repeated violations for up to 180 incidents. Beginning July 1, 2026, eligible penalties can be reduced for good-faith efforts, cooperation, compliance history, potential damage, and corrective action. Designated violations cannot receive reductions, and missing a reduced penalty's payment deadline can restore the full amount.

Purdue must track fertilizer fee spending

Fertilizer certification and education fees go to Purdue University's treasurer and must pay necessary program operating and administration costs. Those fees must appear in the annual financial report. Beginning July 1, 2026, Purdue's agriculture dean must report the prior state fiscal year's fee receipts and spending to state officials. The first report is due November 1, 2026, with reports due each November 1 afterward. If a required report misses that deadline, fees allowed under the chapter expire December 31 that year.

Indiana replaces older fertilizer program rules

Beginning July 1, 2026, Indiana removes the former mandate to create specified fertilizer certification and education programs and related fees. The law instead authorizes the State Chemist to create programs and fees for hired applicators, transporters, and confined-feeding-operation fertilizer handlers. Five older fertilizer regulations—355 IAC 2, 7, 8, 9, and 10—are void beginning July 1, 2026. They must be removed from the administrative code; the removal provision expires July 1, 2027.

Sponsors & Cosponsors

Sponsor

  • Beau Baird

    Republican • House

Cosponsors

  • Brett Clark

    Republican • Senate

  • Jean Leising

    Republican • Senate

  • Lonnie Randolph

    Democratic • Senate

  • Susan Glick

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 232 • No: 1

House vote • 2/25/2026

House concurred with Senate amendments

Yes: 96 • No: 0

Senate vote • 2/24/2026

Third reading: passed

Yes: 46 • No: 1

House vote • 2/2/2026

Third reading: passed

Yes: 90 • No: 0

Bill Text

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

Related Bills

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