Title 15, AGRICULTURE AND ANIMALS

Sec. 37.5. As used in this chapter, "wellhead protection area zone" means the surface and subsurface area of the wellhead protection area that is located within a three thousand (3,000) foot radius of a community public water supply system production well or well field and throug…

Sec. 38. As used in this chapter, "wildlife" means all living things that are not human, domesticated, or pests. This term includes mammals, birds, reptiles, and aquatic life. [Pre-2008 Recodification Citation: 15-3-3.6-2(29).] As added by P.L.2-2008, SEC.7.

Sec. 39. This chapter shall be administered by the state chemist. [Pre-2008 Recodification Citation: 15-3-3.6-1.] As added by P.L.2-2008, SEC.7.

Sec. 4. As used in this chapter, "board" means the Indiana pesticide review board established by IC 15-16-4-42. [Pre-2008 Recodification Citation: 15-3-3.6-2(4).] As added by P.L.2-2008, SEC.7.

Sec. 40. 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: 15-3-3.6-25.] As added by P.L.2-2008, SEC.7.

Sec. 41. The state chemist may adopt rules to declare that information required to be submitted under this chapter is confidential. [Pre-2008 Recodification Citation: 15-3-3.6-16.1.] As added by P.L.2-2008, SEC.7.

Sec. 42. The state chemist may waive all or part of the requirements provided for in sections 45, 46, 48, 49, 50, 51, 52, 54, 56, and 57 of this chapter on a reciprocal basis with any other state agency or federal agency that has substantially the same standards. [Pre-2008 Recodi…

Sec. 43. In concurrence with the state chemist, the Purdue University cooperative extension service shall organize and conduct programs of instruction and training in areas of knowledge required in this chapter. Where appropriate and feasible, the Purdue University cooperative ex…

Sec. 44. (a) The board may adopt rules under IC 4-22-2 prescribing policies and procedures relating to restricted use pesticides: (1) use; (2) application; (3) storage; (4) distribution; and (5) record keeping. (b) The state chemist may adopt additional rules under IC 4-22-2 as r…

Sec. 45. (a) As required by 40 CFR 171, the state chemist shall adopt rules to establish categories and qualifications to certify and license persons to use pesticides and to make diagnostic inspections and reports for wood destroying pests under this chapter. Each category is su…

Sec. 46. A person that applies fertilizer material for hire, transports fertilizer material for hire, or both may not: (1) use or supervise the use of any restricted use pesticide or use a general use pesticide or fertilizer material for hire; or (2) make diagnostic inspections o…

Sec. 47. (a) A license issued under this chapter is not transferable except in the event of disability or death of the licensee. The state chemist may transfer a license to an individual who is a certified applicator by issuing a temporary permit to provide for the operation of t…

Sec. 48. (a) Subject to section 55 of this chapter, a person may not engage in or profess to engage in the business of: (1) using a restricted use pesticide, a general use pesticide, or a fertilizer material; or (2) making diagnostic inspections or reports to determine infestatio…

Sec. 49. (a) Except as provided in subsection (b), a person may not: (1) act as an employee of a licensed pesticide business and use or supervise the use of a restricted use pesticide or use a general use pesticide or fertilizer material for hire on another person's property; or …

Sec. 5. As used in this chapter, "certificate of financial responsibility" means a notarized statement from an officer of a bank or other financial institution attesting to the fact that a licensee under this chapter has adequate financial resources equal to the amount of liabili…

Sec. 50. (a) Except as provided in subsection (b), a person may not act as a licensed applicator not for hire unless the person has obtained a license from the state chemist. (b) A person who is not a licensed applicator not for hire may use a restricted use pesticide if the pers…

Sec. 51. (a) All state agencies, municipal corporations, and other governmental agencies are subject to this chapter and rules adopted under this chapter concerning the application of restricted use pesticides. (b) Except as provided in subsection (c), a person may not act as a l…

Sec. 52. (a) A person applying for a license described under section 49, 50, or 51 of this chapter must: (1) submit an application to the state chemist on a form provided by the state chemist; (2) pass the appropriate examination provided under section 45 of this chapter; (3) exc…

Sec. 54. (a) A private applicator may not be issued a permit to use a restricted use pesticide without first complying with the certification requirements, including passing an examination, determined by the state chemist necessary to prevent unreasonable adverse effects on the e…

Sec. 55. Section 48 of this chapter relating to pesticide business licenses and requirements for their issuance does not apply to the following: (1) A farmer who applies pesticides for the farmer's own use or with ground equipment or manually for the farmer's neighbors if: (A) th…

Sec. 56. (a) The state chemist shall establish and administer a program to register individuals as registered technicians. (b) An individual who is a registered technician is authorized to use general use pesticides or fertilizer materials for hire if the individual is employed b…

Sec. 57. (a) Each person who is a restricted use pesticide dealer shall register with the state chemist. Registration shall be required for each business location distributing restricted use pesticides and shall be accomplished on a form to be provided by the state chemist. A reg…

Sec. 58. (a) The state chemist may not issue a pesticide business license or a pest inspector license until the applicant for the license has furnished a surety bond, a certificate of liability insurance in force, or a certificate of financial responsibility to protect persons wh…

Sec. 58.5. This chapter does not relieve any person from liability for any damage to the person or property of another person caused by the use of general use pesticides. As added by P.L.29-2024, SEC.49.

Sec. 59. (a) As required in 40 CFR 171, commercial applicators and private applicators shall maintain records concerning the application of restricted use pesticides. (b) Records required under this section must be kept for two (2) years after the date of the application of the r…

Sec. 6. As used in this chapter, "certified applicator" means any individual who is certified under this chapter as qualified to: (1) use or supervise the use of restricted use pesticides; or (2) use general use pesticides or fertilizer material for hire; and has been issued a li…

Sec. 60. A person who: (1) is required to pay a fee under this chapter to the state chemist; and (2) does not pay the fee before the date the fee is due; shall pay a penalty fee to the state chemist equal to one hundred percent (100%) of the required fee when the person pays the …

Sec. 61. (a) All fees collected by the state chemist under this chapter shall be paid to Purdue University and deposited in a special restricted account designated by the treasurer of the board of trustees of Purdue University. (b) From the account described in subsection (a), th…

Sec. 62. (a) The state chemist may adopt rules to require the reporting of significant pesticide accidents or incidents. (b) Any person: (1) claiming damages from a pesticide accident or incident; and (2) requesting an investigation of those damages by the state chemist; must fil…

Sec. 63. (a) The state chemist may cooperate with, and enter into agreements with, any other agency of the state, any federal agency, or any other state agency or nongovernmental organization to carry out this chapter to: (1) secure uniformity of rules; (2) cooperate in the enfor…

Sec. 64. (a) A person may not produce, transport, store, handle, or dispose of any pesticide product or pesticide product containers in a manner that may: (1) cause injury to: (A) humans; (B) beneficial vegetation; (C) crops; (D) livestock; (E) wildlife; or (F) beneficial insects…

Sec. 64.5. (a) Except as provided in subsections (b) and (d), a pesticide may not be applied on school property during: (1) regular school hours; or (2) a before school or after school program that is located on school property. (b) A pesticide may be applied on school property d…

Sec. 64.7. (a) A school must send a notification to the parents and guardians of a student and the staff at the school that they may be added to a pesticide notification registry: (1) at the start of each school year; or (2) during the school year when a student: (A) enrolls in; …

Sec. 65. Subject to section 66 of this chapter, the state chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil penalty on a person for a violation under this chapter. The state chemist may also deny, suspend, revoke, or modify any provision of any license, permit, regist…

Sec. 66. (a) The state chemist may impose civil penalties under this section only in accordance with subsections (b) through (d). However, this section does not require the state chemist to impose a civil penalty on a person for any violation of this chapter or a rule adopted und…

Sec. 67. (a) A person who is: (1) subject to an action under section 65, 66, or 70 of this chapter; and (2) aggrieved by any decision by 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 afte…

Sec. 68. The state chemist may request a court to issue subpoenas to compel: (1) the attendance of witnesses; or (2) the production of books, documents, and records; as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege grante…

Sec. 69. (a) The state chemist may enter upon any public or private property at reasonable times to do the following: (1) Observe the use and application of a pesticide product. (2) Inspect equipment subject to this chapter. (3) Inspect and sample property actually or reported to…

Sec. 7. As used in this chapter, "commercial applicator" means a certified applicator, whether or not a private applicator with respect to some uses, who: (1) uses or supervises the use of restricted use pesticide products; or (2) uses general use pesticide products or fertilizer…

Sec. 70. (a) A person who recklessly, knowingly, or intentionally: (1) violates this chapter, except as provided in subsection (b); or (2) impedes or prevents the state chemist or the state chemist's agent from performing a duty of the state chemist; commits a Class C misdemeanor…

Sec. 71. (a) A political subdivision (as defined in IC 36-1-2-13) does not have authority to regulate by ordinance the use or application of pesticides. (b) A political subdivision may, by resolution, petition the board for a hearing to allow a variance from a rule of the board b…

Sec. 72. (a) Except as provided in IC 4-22-2.3-9, a rule adopted under this chapter that becomes effective after June 30, 2023, may not impose a restriction or requirement concerning pesticides more stringent than a restriction or requirement imposed under federal law unless the …

Sec. 8. As used in this chapter, "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. [Pre-2008 Recodification Citation: 15-3-3.6-2(8).] As added by P.L.2-2008, SEC.7.

Sec. 9. As used in this chapter, "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. [Pre-2008 Recodification Citation: 15-3-3.6-2(9).] As added by P.L.2-2008, SEC.7.

Sec. 1. The purpose of this chapter is to do the following: (1) Safeguard the public health and promote public welfare by: (A) preventing the slaughter of dead, dying, disabled, or diseased livestock or poultry for human food purposes; and (B) preventing the manufacture, processi…

Sec. 10. (a) An inspection of products placed in a container at an official establishment is not complete until the products are sealed or enclosed in the container under the supervision of an inspector. (b) For purposes of an inspection of products required by this chapter, insp…