Title 15, AGRICULTURE AND ANIMALS

Sec. 32. As used in this chapter, "pesticide formulation" means a pesticide product comprised of all active ingredients and inert ingredients. [Pre-2008 Recodification Citation: 15-3-3.5-2(37).] As added by P.L.2-2008, SEC.7.

Sec. 33. As used in this chapter, "pesticide product" means a pesticide or device offered for distribution or use, including any labeling. [Pre-2008 Recodification Citation: 15-3-3.5-2(38).] As added by P.L.2-2008, SEC.7.

Sec. 34. As used in this chapter, "plant regulator" means any substance or mixture of substances, intended through physiological action, for: (1) accelerating or retarding the rate of growth or rate of maturation; or (2) altering the behavior of ornamental or crop plants or the p…

Sec. 35. As used in this chapter, "produce" means: (1) to: (A) manufacture; (B) prepare; (C) compound; (D) process; (E) formulate; or (F) change; a pesticide product or an active ingredient that is used in producing a pesticide product; or (2) to: (A) package; (B) repackage; (C) …

Sec. 36. As used in this chapter, "registrant" means a person who registers a pesticide product under this chapter. [Pre-2008 Recodification Citation: 15-3-3.5-2(26).] As added by P.L.2-2008, SEC.7.

Sec. 37. As used in this chapter, "restricted use pesticide" means the following: (1) Any pesticide classified as a restricted use pesticide by the administrator of the United States Environmental Protection Agency. (2) A pesticide designated as a restricted use pesticide in a la…

Sec. 38. As used in this chapter, "rodenticide" means any substance or mixture of substances intended for: (1) preventing; (2) destroying; (3) repelling; or (4) mitigating; rodents or any other vertebrate animal that the board declares to be a pest. [Pre-2008 Recodification Citat…

Sec. 39. As used in this chapter, "terrestrial ecologist" means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following: (1) Animal ecology. (2) Plant ecology. (3) Vertebrate natural history. (4) Herpetology. (5) Ornithology. (6) Ma…

Sec. 4. As used in this chapter, "antidote" means the most practical immediate treatment in case of poisoning, including first aid treatment. [Pre-2008 Recodification Citation: 15-3-3.5-2(3).] As added by P.L.2-2008, SEC.7.

Sec. 40. As used in this chapter, "weed" means any plant that grows where the plant is not wanted. [Pre-2008 Recodification Citation: 15-3-3.5-2(29).] As added by P.L.2-2008, SEC.7.

Sec. 41. As used in this chapter, "wildlife" has the meaning set forth in IC 15-16-5-38. [Pre-2008 Recodification Citation: 15-3-3.5-2(40).] As added by P.L.2-2008, SEC.7.

Sec. 42. (a) The Indiana pesticide review board is established. The board consists of the following members: (1) One (1) representative of the Indiana department of health. (2) One (1) representative of the department of natural resources. (3) One (1) representative of the depart…

Sec. 43. A vacancy on the board of a voting member created by death, resignation, or removal for cause of a member shall be filled by the governor not later than thirty (30) days after the occurrence. The new member serves for the remainder of the vacated term and must meet the q…

Sec. 44. The board shall elect a member to serve as chairperson for a term of two (2) years. However, if the chairperson's appointment ends before the expiration of the term, the term is for the duration of the chairperson's appointment. [Pre-2008 Recodification Citation: 15-3-3.…

Sec. 45. (a) The board shall meet at least annually. (b) The board may meet at other times and at a location specified by the chairperson or a majority of the board. (c) The board shall publish the: (1) minutes; and (2) video; of each meeting. [Pre-2008 Recodification Citation: 1…

Sec. 46. (a) Ten (10) voting members of the board constitute a quorum. (b) Official actions are subject to approval by a simple majority of board members present at a called meeting. (c) The chairperson shall actively participate in all decisions of the board. [Pre-2008 Recodific…

Sec. 47. The following individuals appointed to the board shall serve without compensation but are entitled to receive per diem payments at rates and under conditions incident to these positions: (1) State officials. (2) Staff members of state offices. (3) Staff members of the Pu…

Sec. 48. The board may: (1) collect; (2) analyze; and (3) interpret; information on matters relating to the registration and use of pesticides. [Pre-2008 Recodification Citation: 15-3-3.5-2(4) part.] As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.7.

Sec. 49. (a) The board may, after notice and public hearing as provided in IC 4-22-2, declare as a pest any form of: (1) plant; (2) animal life; or (3) virus; that is injurious to plants, humans, domestic animals, articles, or substances. (b) When a hearing is held by the board, …

Sec. 5. As used in this chapter, "aquatic ecologist" means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following: (1) Aquatic ecology. (2) Limnology. (3) Invertebrate zoology. (4) Invertebrate ecology. (5) Ichthyology. (6) Aquatic…

Sec. 50. (a) The board may recommend to the general assembly the addition, deletion, or reclassification of pesticides by submitting in an electronic format under IC 5-14-6 a report of the recommendations to the legislative council. In making a determination to add or reclassify …

Sec. 51. The state chemist shall administer this chapter. [Pre-2008 Recodification Citation: 15-3-3.5-1.] As added by P.L.2-2008, SEC.7.

Sec. 52. The state chemist may adopt rules under IC 4-22-2 to administer this chapter, including rules providing for the following: (1) The collection and examination of samples of pesticide products. (2) Determining whether a pesticide product is highly toxic to humans or wildli…

Sec. 52.5. (a) Neither the board nor the state chemist may by rule or otherwise impose a requirement or limitation on the storage, distribution, use, application, or record keeping of a general use pesticide by: (1) a certified applicator; (2) a commercial applicator; (3) a licen…

Sec. 53. The state chemist may delegate to an employee or agent any function that is vested in the state chemist by this chapter. [Pre-2008 Recodification Citation: 15-3-3.5-35.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.66.

Sec. 54. The state chemist may cooperate with and enter into agreements with: (1) any other agency of this state; (2) any federal agency; and (3) any other state or agency of another state; to carry out this chapter and apply uniform rules. [Pre-2008 Recodification Citation: 15-3…

Sec. 55. The state chemist or the state chemist's agent may do the following: (1) Enter any public or private premises, including any vehicle of transport during regular business hours, to: (A) have access to; and (B) obtain samples of; pesticide products. (2) Enter any public or…

Sec. 56. For more than one (1) pesticide product to be considered the same pesticide product, each pesticide product must exhibit the same: (1) product name; (2) registrant name; (3) United States Environmental Protection Agency registration number, if applicable; (4) labeling, c…

Sec. 57. Except as provided in section 58 of this chapter, a person may not produce, distribute, display, sell, or offer for sale within Indiana or deliver for transportation or transport in intrastate commerce or between points within Indiana through any point outside Indiana an…

Sec. 58. Section 57 of this chapter does not apply to: (1) any carrier while lawfully engaged in transporting a pesticide product in Indiana if the carrier, upon request, permits the state chemist or the state chemist's designated agent to copy all records showing the transaction…

Sec. 59. A person may not: (1) detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter; (2) add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose…

Sec. 6. As used in this chapter, "board" means the Indiana pesticide review board established by section 42 of this chapter. [Pre-2008 Recodification Citation: 15-3-3.5-2(4) part.] As added by P.L.2-2008, SEC.7.

Sec. 60. Section 59(4) of this chapter does not apply to pesticides used in research by: (1) the United States Department of Agriculture; (2) the United States Department of Interior; (3) the Purdue University agricultural research programs; or (4) other persons who are qualified…

Sec. 61. (a) Each pesticide product that is: (1) produced, distributed, sold, displayed, or offered for sale within Indiana; or (2) delivered for transportation or transported: (A) in intrastate commerce; or (B) between points within Indiana through any point outside Indiana; mus…

Sec. 62. (a) Each registrant shall pay an annual, nonrefundable application fee of one hundred seventy dollars ($170) for each application for each pesticide product submitted for registration or reregistration. (b) Each registration expires January 1 of each year. (c) All fees c…

Sec. 63. The registration fee provisions of section 62 of this chapter apply to commercial fertilizers containing pesticides. [Pre-2008 Recodification Citation: 15-3-3.5-32.] As added by P.L.2-2008, SEC.7.

Sec. 64. (a) The state chemist may require the submission of the complete formula of any pesticide product, including: (1) the confidential statement of formula; (2) the analytical methods for the analysis of the pesticide formulation and the analysis of residues of the pesticide…

Sec. 64.5. (a) A person who is: (1) regulated under this chapter; and (2) aggrieved by any decision of the state chemist; may obtain a review by the board if the person files a written petition with the board not later than thirty (30) days after the state chemist's decision. (b)…

Sec. 65. (a) Subject to subsection (b), the state chemist may, by rule, declare that information required under this chapter is confidential. (b) Any findings related to a violation of this chapter or rules adopted under this chapter must be disclosed to the alleged violator befo…

Sec. 66. A person may not distribute: (1) an unregistered pesticide product; (2) an adulterated pesticide product; or (3) a misbranded pesticide product. [Pre-2008 Recodification Citation: 15-3-3.5-18.1.] As added by P.L.2-2008, SEC.7.

Sec. 67. A person may not produce, handle, transport, store, display, or distribute pesticide products in a manner as to endanger: (1) humans; (2) the environment; (3) food; (4) feed; or (5) any other products that may be: (A) transported; (B) stored; (C) displayed; or (D) distri…

Sec. 68. A person may not dispose of, discard, or store any pesticide products or pesticide containers in a manner that may cause injury to: (1) humans; (2) plants; (3) animals; (4) wildlife; (5) lands; or (6) waters; except the pests that pesticide products are intended to preve…

Sec. 69. (a) Subject to this section, if a person violates this chapter or a rule adopted under this chapter, the state chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil penalty on the person or: (1) deny; (2) suspend; (3) revoke; or (4) amend; the person's registrati…

Sec. 70. (a) The examination of pesticide products shall be made under the direction of the state chemist to determine whether the pesticide products comply with this chapter. (b) If it appears after an examination that a pesticide product fails to comply with this chapter and th…

Sec. 71. (a) The state chemist may apply for a: (1) temporary; or (2) permanent; injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under the chapter notwithstanding the existence of other remedies at law. (b) A court may gr…

Sec. 72. The state chemist shall publish, in a form the state chemist considers proper, notice of all the judgments entered in actions instituted under the authority of this chapter. [Pre-2008 Recodification Citation: 15-3-3.5-24.] As added by P.L.2-2008, SEC.7.