Title 15, AGRICULTURE AND ANIMALS

Sec. 31.5. (a) Additional plant nutrients besides nitrogen (N), phosphate (P2O5), and soluble potash (K2O), when mentioned or claimed on the: (1) tag or label; (2) container; or (3) written or printed statement that accompanies delivery; must be registered and guaranteed under se…

Sec. 31.7. (a) When an insecticide, a herbicide, or any other additive for pest control is added to fertilizer the product must be registered and guaranteed with respect to the kind and percentage of each insecticide, herbicide, and additive and each plant food element. (b) The l…

Sec. 32. (a) The bag or other container in which any commercial fertilizer is offered for sale, sold, or distributed in Indiana must have a written or printed statement of the net weight and the information required by section 31 of this chapter directly on or affixed to the pack…

Sec. 33. (a) Except as provided in subsection (c), a person who distributes commercial fertilizers: (1) in bulk; or (2) in packages weighing more than twelve (12) pounds; in Indiana to a person who is not a registrant or permit holder under this chapter shall pay to the state che…

Sec. 34. (a) Each registrant shall apply to the state chemist for a permit to report the tonnage of commercial fertilizer sold and pay the inspection fee of forty-five cents ($0.45) per ton on the basis of the report. In making the application, the registrant must agree to the fo…

Sec. 35. (a) The state chemist shall pay to the treasurer of Purdue University all inspection fees collected under this chapter. (b) Inspection fees collected under this chapter must be used to pay all necessary expenses incurred in carrying out this chapter, including the follow…

Sec. 36. (a) Notwithstanding any other law, all excess funds accumulated from the fees collected by: (1) the state chemist, under this chapter, IC 15-15-2, IC 15-16-2.5, IC 15-16-4, IC 15-16-5, and IC 15-19-7; and (2) the state seed commissioner under IC 15-15-1 and IC 15-15-13; …

Sec. 37. (a) The state chemist shall publish at least annually in a form that the state chemist considers proper, information concerning the following: (1) The sales of commercial fertilizers, including any data on sales that the state chemist considers advisable. (2) The results…

Sec. 38. (a) The state chemist shall: (1) sample, inspect, make analysis of, and test commercial fertilizers distributed within Indiana; and (2) inspect the storage of bulk fertilizers in Indiana at a time and place and to such an extent as necessary to determine whether the bulk…

Sec. 39. If an official commercial fertilizer analysis conducted by the state chemist under section 38 of this chapter results in a determination that the registrant of a commercial fertilizer is subject to a penalty or other legal action under this chapter, the state chemist sha…

Sec. 40. (a) If an analysis conducted by the state chemist under section 38 of this chapter shows that a commercial fertilizer fails in any respect to meet the guaranteed analysis filed by a registrant under section 31 of this chapter, the state chemist may require the payment of…

Sec. 41. Bulk fertilizers must be stored in a manner that: (1) minimizes the release of bulk fertilizer; and (2) protects the waters of the state. [Pre-2008 Recodification Citation: 15-3-3-11.5.] As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.25.

Sec. 42. (a) A commercial fertilizer is misbranded if: (1) the commercial fertilizer carries any false or misleading statement upon or attached to the container; or (2) false or misleading statements concerning the commercial fertilizer's nutrient value are made: (A) on the conta…

Sec. 43. (a) The state chemist may: (1) cancel the registration of any brand of commercial fertilizer; or (2) refuse to register any brand of commercial fertilizer in accordance with this chapter; if the state chemist receives satisfactory evidence that the registrant has used fr…

Sec. 44. (a) The state chemist may adopt rules under IC 4-22-2 concerning the following: (1) The distribution and use of fertilizer material, including standards to protect waters of the state. (2) The distribution and storage of bulk fertilizers, including standards for the stor…

Sec. 44.5. (a) The state chemist shall pay to the treasurer of Purdue University all certification and educational program fees collected under IC 15-16-2.5-14. (b) Certification and educational program fees collected under IC 15-16-2.5-14 must be used to pay all necessary expens…

Sec. 44.7. The state chemist shall deposit all money collected for civil penalties under this chapter into an account for the Purdue Pesticide Programs for the purpose of providing education about fertilizers. As added by P.L.98-2026, SEC.36.

Sec. 45. The state chemist may allow the use of technologies or methods other than those specified in the administrative rules adopted by the state chemist under section 44 of this chapter if the technologies or methods provide substantially similar protection to the waters of th…

Sec. 46. (a) If the state chemist determines that a commercial fertilizer is being offered for sale in violation of this chapter, the state chemist may issue to and enforce upon the owner or custodian: (1) a written or printed stop sale, use, or removal order; and (2) a written o…

Sec. 47. (a) Any commercial fertilizer not in compliance with this chapter is subject to seizure based on a complaint of the state chemist filed in a court with jurisdiction in the area in which the commercial fertilizer is located. (b) Subject to subsection (a), if the court fin…

Sec. 49. The state chemist may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter. The injunction shall be issued without bond. The remedies under this subsection are sup…

Sec. 49.5. (a) If a person violates this chapter or a rule adopted under this chapter, the state chemist may: (1) warn, issue a citation to, or impose a civil penalty on the person; (2) deny, suspend, revoke, or amend the person's registration under this chapter; (3) refer the pe…

Sec. 49.6. The schedule of civil penalties for violations of this chapter are as follows: (1) Each penalty for each violation, if the violation is of a continuing nature, shall not be imposed for more than one hundred eighty (180) days when assessed on a per day basis. (2) Each p…

Sec. 49.7. For purposes of imposing civil penalties under this chapter, the state chemist shall comply with the following when determining the violation number and the count of violations: (1) Only violations committed within the immediate past five (5) years of the date of the v…

Sec. 49.8. (a) Except as provided in section 49.6 of this chapter, the amount of a civil penalty in section 49.6 of this chapter may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following: (1) Good faith efforts of the…

Sec. 50. (a) Except as provided in subsection (b), a political subdivision (as defined in IC 36-1-2-13) does not have authority to regulate by ordinance the storage or use of fertilizer material. (b) A political subdivision may, by resolution, petition the state chemist for a hea…

Sec. 1. The definitions in this chapter apply throughout this article. [Pre-2008 Recodification Citation: 15-2.1-2-1(a).] As added by P.L.2-2008, SEC.8.

Sec. 10. "Bulk milk hauler/sampler" means a person who does the following: (1) Collects official samples. (2) May transport raw milk in bulk form. (3) Transports milk to or from a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.2.…

Sec. 100. "Transport vehicle" means a vehicle used for transporting: (1) dead animal bodies; (2) nonedible byproducts from the slaughtering of animals and poultry; or (3) restaurant grease. [Pre-2008 Recodification Citation: 15-2.1-2-52.] As added by P.L.2-2008, SEC.8.…

Sec. 101. "Tuberculosis" means tuberculosis in an animal. [Pre-2008 Recodification Citation: 15-2.1-2-53.] As added by P.L.2-2008, SEC.8.

Sec. 102. "Veterinarian" means a person authorized by law to practice veterinary medicine. [Pre-2008 Recodification Citation: 15-2.1-2-54.] As added by P.L.2-2008, SEC.8.

Sec. 11. "Bulk milk pickup tanker" means a vehicle, including the truck, tank, and associated equipment necessary for its use, used by a bulk milk hauler/sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer statio…

Sec. 12. "Bulk milk route" means a group of dairy farms from which milk is collected in a bulk milk pickup tanker and transported to a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.4.] As added by P.L.2-2008, SEC.8.

Sec. 13. "Can milk hauler" or "cream hauler" means a person who transports raw fluid milk in cans to a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.5.] As added by P.L.2-2008, SEC.8.

Sec. 14. "Can milk route" means a group of dairy farms from which milk is collected in milk cans and transported to a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.6.] As added by P.L.2-2008, SEC.8.

Sec. 15. "Capable of use as human food" means any livestock or poultry carcass or part or product of a livestock or poultry carcass, unless the carcass or part or product of the carcass is: (1) denatured or identified as not for human food as required by rules adopted by the boar…

Sec. 16. "Certificate" and "certificate of veterinary inspection" means an official document issued by a state or federal representative or an accredited veterinarian that records a veterinary inspection of an animal, statements about the health of an animal, tests conducted on a…

Sec. 17. "Certified brucellosis free herd" means a herd that is certified as free from brucellosis as defined by rules of the board and regulations of the United States Department of Agriculture made under any cooperative agreement authorized by this article. [Pre-2008 Recodifica…

Sec. 17.5. "Cervidae", for purposes of IC 15-17-14.5 and IC 15-17-14.7, means privately owned members of the cervidae family, including deer, elk, moose, reindeer, and caribou. As added by P.L.89-2016, SEC.12.

Sec. 18. "Color additive" has the meaning set forth in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). [Pre-2008 Recodification Citation: 15-2.1-2-10.5.] As added by P.L.2-2008, SEC.8.

Sec. 19. "Commerce" means commerce within Indiana. [Pre-2008 Recodification Citation: 15-2.1-2-10.7.] As added by P.L.2-2008, SEC.8.

Sec. 2. "Adulterated" means a food product that meets any of the following descriptions: (1) The product bears or contains a poisonous or deleterious substance that may make the product injurious to health. However, if the substance is not an added substance, the product is not c…

Sec. 20. "Concentration point" means a licensed place of business under IC 15-17-14 where only feeder pigs, to which the licensee has taken title, are assembled for resale. [Pre-2008 Recodification Citation: 15-2.1-2-11.] As added by P.L.2-2008, SEC.8.

Sec. 21. (a) "Consignor" means any person consigning, shipping, or delivering animals for sale, resale, or exchange. (b) The term includes any person who causes animals to be transported or who delivers animals to a livestock auction market for the purpose of sale. [Pre-2008 Reco…

Sec. 22. "Container" means any box, can, tin, cloth, package, plastic, or other receptacle, wrapper, or cover. [Pre-2008 Recodification Citation: 15-2.1-2-12.5.] As added by P.L.2-2008, SEC.8.

Sec. 22.5. "Cultivated meat product" means animal protein grown in a facility from extracted animal stem cells and arranged in a similar structure as animal tissues to replicate the sensory and nutritional profiles of meat products. As added by P.L.229-2025, SEC.1.