Title 15, AGRICULTURE AND ANIMALS

Sec. 14. "Commercial applicator license" means the licensing credential issued annually to a certified applicator who: (1) uses; or (2) supervises the use of; fertilizer material for purposes of producing an agricultural crop on the property of another person for hire. As added b…

Sec. 15. "Commercial fertilizer" means mixed fertilizer or fertilizer materials. The term does not include nonprocessed manure, marl, lime, wood ashes, biosolids, industrial waste products, pollutant-bearing water, or plaster. As added by P.L.98-2026, SEC.2.

Sec. 16. "Confined feeding operation" and "CFO" mean any of the following: (1) Any operation that confine feeds at least: (A) three hundred (300) cattle; (B) six hundred (600) swine or sheep; (C) thirty thousand (30,000) fowl; or (D) five hundred (500) horses. (2) An animal feedi…

Sec. 17. "Continuing certification hour" and "CCH" mean one (1) hour of fertilizer material related instruction or training for a certified applicator that has been evaluated and approved by the state chemist. As added by P.L.98-2026, SEC.2.

Sec. 18. "Custom blend" means a commercial fertilizer blended: (1) according to specifications provided to a blender in a soil test nutrient recommendation; or (2) to meet specific requests of a consumer, who is the end user, before blending. As added by P.L.98-2026, SEC.2.…

Sec. 19. "Discharge" means a release of fluid or dry bulk fertilizer into either a secondary containment or operational containment area at a storage facility. As added by P.L.98-2026, SEC.2.

Sec. 2. "Agricultural crop" means any plant or part of a plant, produced primarily for sale, consumption, propagation, or other use by humans or animals. The term does not include turf, trees, or ornamental plants. As added by P.L.98-2026, SEC.2.

Sec. 20. "Distribute" means to: (1) offer for sale; (2) sell; (3) exchange; (4) barter; (5) supply; or (6) offer to supply; fertilizer material. As added by P.L.98-2026, SEC.2.

Sec. 21. "Distributor" means a person that: (1) offers for sale; (2) sells; (3) barters; or (4) supplies; commercial fertilizers or manure based fertilizers. As added by P.L.98-2026, SEC.2.

Sec. 22. "Drainage inlet" means any surficial opening to an underground agricultural tile drainage system that drains surface waters. The term includes water and sediment control basins. As added by P.L.98-2026, SEC.2.

Sec. 23. "Dry bulk fertilizer" means nonfluid commercial fertilizer in an undivided quantity exceeding two hundred (200) pounds. As added by P.L.98-2026, SEC.2.

Sec. 24. "Elephant ring" means a storage container with an open top serving as a secondary containment vessel into which a smaller primary storage container is placed. As added by P.L.98-2026, SEC.2.

Sec. 25. "Facility" means all land, buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous sites and that are owned or operated by the same person or by any person that controls, is controlled by, or is under common control…

Sec. 26. "Fertilizer application plan" means a written annual or multi-year plan for nutrient application at agronomic rates for producing an agricultural crop. As added by P.L.98-2026, SEC.2.

Sec. 27. "Fertilizer business license" means the licensing credential issued annually to a person that is engaged in distributing or using fertilizer material on the property of another person for hire. As added by P.L.98-2026, SEC.2.

Sec. 28. (a) "Fertilizer material" means any substance containing nitrogen, phosphate, potash, or any recognized plant nutrient that: (1) is used for the plant nutrient content; and (2) has nutrient value in promoting plant growth. The term includes unmanipulated manure. (b) The …

Sec. 29. "Field operations" means the application of dry bulk fertilizer or fluid bulk fertilizer to soil or plants in the course of normal agricultural or horticultural practice. As added by P.L.98-2026, SEC.2.

Sec. 3. "Agronomic rate" means a rate of application of fertilizer material to the land based on the following: (1) The nutrient content of the fertilizer material to be applied. (2) The fertility level of the soil. (3) The nutrient needs of the current or planned crops. (4) The …

Sec. 30. "Filter strip" means a vegetative area between a surface water body and an agricultural production field with a minimum width of fifty (50) feet and designed and maintained to intercept surface water runoff. As added by P.L.98-2026, SEC.2.

Sec. 31. "Floodway" has the meaning set forth under IC 14-8-2-102. As added by P.L.98-2026, SEC.2.

Sec. 32. "Fluid bulk fertilizer" means fluid fertilizer in an undivided quantity exceeding fifty-five (55) gallons. As added by P.L.98-2026, SEC.2.

Sec. 33. "Fluid fertilizer" means commercial fertilizer in liquid form and includes solutions, emulsions, suspensions, and slurries. The term does not include anhydrous ammonia. As added by P.L.98-2026, SEC.2.

Sec. 34. "Grade" means the minimum percentages of the following elements stated in the following order: (1) Total nitrogen (N). (2) Available phosphate (P2O5). (3) Soluble potash (K2O). As added by P.L.98-2026, SEC.2.

Sec. 35. "Gradient barrier" means a structure or feature that prevents runoff from entering surface waters. As added by P.L.98-2026, SEC.2.

Sec. 36. "Guaranteed analysis" means the minimum percentage of plant nutrients claimed. Recognized plant nutrients including the following: (1) Total nitrogen (N). (2) Available phosphate (P2O5). (3) Soluble potash (K2O). (4) Calcium (Ca). (5) Magnesium (Mg). (6) Sulfur (S). (7) …

Sec. 37. "Highly erodible land" means soil that has a high potential to erode based on site-specific characteristics, including: (1) slope length and steepness; (2) soil erodibility; and (3) rainfall; as determined by the United States Department of Agriculture Natural Resources …

Sec. 38. "Incorporation" means the mixing of fertilizer material with the surface soil using standard agricultural practices, including tillage. As added by P.L.98-2026, SEC.2.

Sec. 39. "Injection" means the placement of liquid fertilizer material beneath the surface of the soil in the crop root zone using equipment specifically designed for this purpose. As added by P.L.98-2026, SEC.2.

Sec. 4. "Ammonium nitrate" means the ammonium salt of nitric acid, which must contain not less than thirty-three percent (33%) nitrogen, fifty percent (50%) of which is in the ammonium form and fifty percent (50%) of which is in the nitrate form. As added by P.L.98-2026, SEC.2.

Sec. 4.5. "Animal feeding operation" or "AFO" means a lot or facility, other than an aquatic animal production facility, where all of the following conditions are met: (1) Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained fo…

Sec. 40. "Inorganic fertilizer" means any fertilizer material: (1) manufactured by means of a man made chemical reaction; and (2) that does not contain any plant or animal products, manures or renderings. The term includes urea. As added by P.L.98-2026, SEC.2.

Sec. 41. "Label", for purposes of IC 15-16-3, means: (1) written material; (2) printed material; (3) graphic material; or (4) any other statement; accompanying a fertilizer. As added by P.L.98-2026, SEC.2.

Sec. 42. "Lawn care service" means service provided to private, institutional, or commercial entities for compensation to maintain and nourish: (1) turf; (2) shrubbery; (3) trees; and (4) other plants; commonly associated with private, institutional, or commercial lawns. The term…

Sec. 43. "Licensee", for purposes of IC 15-16-3, means a person that has been issued a license under IC 15-16-3. As added by P.L.98-2026, SEC.2.

Sec. 44. "Low pressure nitrogen solutions" means an aqueous solution of ammonium nitrate, urea, or other nitrogen carriers containing various quantities of free ammonia exceeding two percent (2%) by weight. The term does not include aqua ammonia and nonpressure nitrogen solutions…

Sec. 45. "Manipulated organic fertilizer" means any organic fertilizer that is not manure. As added by P.L.98-2026, SEC.2.

Sec. 46. "Manure" means any of the following: (1) Liquid or solid animal excreta. (2) Used animal bedding, litter, waste liquid, or contaminated runoff. (3) Plant remains or vegetable refuse from processing. (4) Any other materials generated at a livestock or poultry production a…

Sec. 47. "Manure based fertilizer" means processed manure based commercial fertilizer with a manure content of at least seventy-five percent (75%). As added by P.L.98-2026, SEC.2.

Sec. 48. "Mixed fertilizer" means any combination or mixture of commercial fertilizers: (1) designed for use; or (2) claimed to have nutrient value; in promoting plant growth. As added by P.L.98-2026, SEC.2.

Sec. 49. "Official sample" means any sample of commercial fertilizer or manure based fertilizer taken by the state chemist or the state chemist's agent. As added by P.L.98-2026, SEC.2.

Sec. 5. "Appurtenance" means any: (1) valve; (2) pump; (3) fitting; (4) pipe; (5) hose; (6) metering device; or (7) mechanical device; that is connected to a storage container or is used to transfer a material into or out of the storage container. As added by P.L.98-2026, SEC.2.…

Sec. 50. "Operational area" means an area or areas at a storage facility where fertilizers are: (1) transferred, loaded, unloaded, or mixed; or (2) cleaned or washed from: (A) containers; or (B) application, storage, or transportation equipment. As added by P.L.98-2026, SEC.2.…

Sec. 51. "Operational area containment" means any structure or system designed and constructed to effectively intercept and contain discharges, including container or equipment wash water and rainwater, and to prevent runoff or leaching from a storage facility. As added by P.L.98…

Sec. 52. "Organic fertilizer" means any fertilizer material derived from plant products, animal products, or manures that contain one (1) or more nutrients (other than carbon, hydrogen, or oxygen) that are essential for plant growth. The term does not include biosolids, industria…

Sec. 53. "Permit" refers to a permit issued under: (1) IC 15-16-2-34 to report the tonnage of commercial fertilizer sold; or (2) IC 15-16-3.5 to report the tonnage of manure based fertilizer sold. As added by P.L.98-2026, SEC.2.