Title 15, AGRICULTURE AND ANIMALS

Sec. 25. A member of the council is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). A member is, however, entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the st…

Sec. 26. After the council has made its report, the commissioner shall promptly transmit the report by certified mail to all parties. [Pre-2008 Recodification Citation: 15-4-11-22.] As added by P.L.2-2008, SEC.6.

Sec. 27. The buyer and seller shall each give written notice to the commissioner of the acceptance or rejection of the council's recommended terms of settlement not later than thirty (30) days after the date of the council's recommendation. [Pre-2008 Recodification Citation: 15-4…

Sec. 28. The commissioner may adopt rules under IC 4-22-2 to do the following: (1) Describe the conditions and circumstances relating to seed to which arbitration under this chapter is applicable. (2) Supplement the procedures of the arbitration process set forth in this chapter.…

Sec. 3. As used in this chapter, "agricultural or vegetable seeds" refers to: (1) agricultural; or (2) vegetable; seeds that are subject to IC 15-15-1. [Pre-2008 Recodification Citation: 15-4-11-7.] As added by P.L.2-2008, SEC.6.

Sec. 4. As used in this chapter, "arbitration" refers to arbitration conducted under this chapter. [Pre-2008 Recodification Citation: 15-4-11-2.] As added by P.L.2-2008, SEC.6.

Sec. 5. As used in this chapter, "buyer" means a buyer of: (1) agricultural; or (2) vegetable; seeds that are subject to IC 15-15-1. [Pre-2008 Recodification Citation: 15-4-11-3.] As added by P.L.2-2008, SEC.6.

Sec. 6. As used in this chapter, "commissioner" refers to the state seed commissioner. [Pre-2008 Recodification Citation: 15-4-11-4.] As added by P.L.2-2008, SEC.6.

Sec. 7. As used in this chapter, "council" refers to the Indiana seed arbitration council established by section 9 of this chapter. [Pre-2008 Recodification Citation: 15-4-11-5.] As added by P.L.2-2008, SEC.6.

Sec. 8. As used in this chapter, "seller" refers to a seller of: (1) agricultural; or (2) vegetable; seeds that are subject to IC 15-15-1. [Pre-2008 Recodification Citation: 15-4-11-6.] As added by P.L.2-2008, SEC.6.

Sec. 9. (a) The Indiana seed arbitration council is established. (b) The following persons or their designees are members of the council: (1) The director of Purdue University cooperative extension service. (2) The director of the office of agricultural research programs at Purdu…

Sec. 0.5. As used in this chapter, "adverse effect" has the meaning set forth in IC 15-16-4-3.5. As added by P.L.76-2021, SEC.3.

Sec. 1. As used in this chapter, "agricultural commodity" means any plant or part of a plant and animals or animal products produced primarily for sale, consumption, propagation, or other use by humans or animals. [Pre-2008 Recodification Citation: 15-3-3.6-2(1).] As added by P.L…

Sec. 10. As used in this chapter, "device" has the meaning set forth in IC 15-16-4-10. [Pre-2008 Recodification Citation: 15-3-3.6-2(10).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.14.

Sec. 10.5. As used in this chapter, "direct supervision" refers to the supervision required under 40 CFR 171.201 of a noncertified individual who uses a restricted use pesticide. As added by P.L.29-2024, SEC.22.

Sec. 11. As used in this chapter, "distribute" means to offer for sale, sell, exchange, or barter, or supply or offer to supply a pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(11).] As added by P.L.2-2008, SEC.7.

Sec. 12. As used in this chapter, "environment" includes water, air, land, and all plants and humans and other animals living in water, air, or on land and the interrelationships that exist among these. [Pre-2008 Recodification Citation: 15-3-3.6-2(12).] As added by P.L.2-2008, S…

Sec. 13. As used in this chapter, "equipment" means any type of ground, water, or aerial apparatus or contrivance using motorized, mechanical, or pressurized power to apply any pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(13).] As added by P.L.2-2008, SEC.7.

Sec. 13.5. As used in this chapter, "fertilizer material" has the meaning set forth in IC 15-16-1.5-28. As added by P.L.29-2024, SEC.23. Amended by P.L.98-2026, SEC.52.

Sec. 14. As used in this chapter, "fungus" means any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, including: (1) rust; (2) smut; (3) mildew; (4) mold; (5) yeast; and (6) bacteria; except those on or in living humans or other animals, and those on or i…

Sec. 14.5. As used in this chapter, "general use pesticide" has the meaning set forth in IC 15-16-4-15.5. As added by P.L.29-2024, SEC.24.

Sec. 15. As used in this chapter, "insect" means any small invertebrate animal: (1) generally having the body more or less obviously segmented; (2) for the most part belonging to the class Insecta; and (3) comprising: (A) six (6) legged usually winged forms, including beetles, bu…

Sec. 15.5. As used in this chapter, "isolation area" means the area that is: (1) located within two hundred (200) feet of a community public water supply system production well that serves at least fifteen (15) service connections used by year-round residents or regularly serves …

Sec. 16. As used in this chapter, "licensed applicator for hire" means any licensed certified commercial applicator who is employed by a licensed pesticide business to: (1) use or to supervise the use of restricted use pesticide products; or (2) use general use pesticide products…

Sec. 17. As used in this chapter, "licensed applicator not for hire" means a licensed certified commercial applicator who is employed by a private employer to use or supervise the use of a restricted use pesticide only on the property of the employer. [Pre-2008 Recodification Cit…

Sec. 18. As used in this chapter, "licensed pest inspector" means an individual licensed under this chapter to make diagnostic inspections or reports to determine infestations of wood destroying pests on the property of another person and meets the requirements under section 58 o…

Sec. 19. As used in this chapter, "licensed pesticide business" means any licensed person that owns, operates, or manages a business that is engaged in or professes to be engaged in: (1) using any pesticide product, including restricted use pesticides; or (2) making diagnostic in…

Sec. 2. As used in this chapter, "animal" means all vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. [Pre-2008 Recodification Citation: 15-3-3.6-2(2).] As added by P.L.2-2008, SEC.7.

Sec. 20. As used in this chapter, "licensed public applicator" means a licensed certified commercial applicator who uses or supervises the use of a restricted use pesticide as an employee of a state agency, municipal corporation, or other governmental agency. [Pre-2008 Recodifica…

Sec. 21. As used in this chapter, "nematode", commonly known as a nema or an eelworm, means an invertebrate animal of the phylum nemathelminthes and class nematoda that is an unsegmented roundworm: (1) with an elongated, fusiform, or saclike body covered with cuticle; and (2) tha…

Sec. 21.5. As used in this chapter, "nontarget site" means any location, thing, or organism that is not the intended target site of the pesticide application, including the following: (1) Personal property. (2) Public property. (3) A body of water. (4) An individual. (5) An anima…

Sec. 22. As used in this chapter, "permit" means a written certificate issued by the state chemist or the state chemist's agent to a private applicator, authorizing the purchase, possession, or use of restricted use pesticides. [Pre-2008 Recodification Citation: 15-3-3.6-2(20).] …

Sec. 23. As used in this chapter, "person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. [Pre-2008 Recodification Citation: 15-3-3.6-2(21).] As added by P.L.2-2008, SEC.7.

Sec. 24. As used in this chapter, "pest" means: (1) any insect, rodent, nematode, fungus, or weed; or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living hu…

Sec. 25. As used in this chapter, "pesticide" means: (1) any substance or mixture of substances intended for: (A) preventing; (B) destroying; (C) repelling; or (D) mitigating; a pest; or (2) any substance or mixture of substances intended for use as a: (A) plant regulator; (B) de…

Sec. 27. As used in this chapter, "pesticide formulation" means a pesticide product comprised of all active ingredients and inert ingredients. [Pre-2008 Recodification Citation: 15-3-3.6-2(34).] As added by P.L.2-2008, SEC.7.

Sec. 27.5. As used in this chapter, "pesticide notification registry" means the registry created and maintained by a school listing the names and contact information of: (1) parents and guardians of children at the school; and (2) school staff; who have requested to be notified o…

Sec. 28. As used in this chapter, "pesticide product" means a pesticide or device offered for distribution or use, including any labeling. [Pre-2008 Recodification Citation: 15-3-3.6-2(35).] As added by P.L.2-2008, SEC.7.

Sec. 29. As used in this chapter, "plant regulator" has the meaning set forth in IC 15-16-4-34. [Pre-2008 Recodification Citation: 15-3-3.6-2(24).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.17.

Sec. 3. As used in this chapter, "beneficial insects" means insects that, during some part of their life cycles, are effective pollinators of plants, are parasites or predators of pests, or are useful to humans. [Pre-2008 Recodification Citation: 15-3-3.6-2(3).] As added by P.L.2…

Sec. 30. As used in this chapter, "private applicator" means a certified and permitted applicator who uses or supervises the use of restricted use pesticides for purposes of producing any agricultural commodity on property owned, rented, or managed by the employer or the applicat…

Sec. 31. As used in this chapter, "property" means all: (1) land and water areas, including airspace; and (2) plants, animals, structures, buildings, contrivances, vehicles, and machinery, appurtenant to or situated on land and water areas, fixed or mobile, including any used for…

Sec. 32. As used in this chapter, "registered pesticide dealer" means any person who distributes any restricted use pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(31).] As added by P.L.2-2008, SEC.7.

Sec. 33. As used in this chapter, "registered technician" means a person who: (1) is not certified or licensed under this chapter; (2) has registered with the state chemist; and (3) is authorized to engage in the use of general use pesticide products or fertilizer materials for h…

Sec. 34. As used in this chapter, "restricted use pesticide" has the meaning set forth in IC 15-16-4-37. [Pre-2008 Recodification Citation: 15-3-3.6-2(26).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.18.

Sec. 34.5. As used in this chapter, "school" means the following: (1) A public school (as defined in IC 20-18-2-15(1)), including a charter school. (2) A nonpublic school (as defined in IC 20-18-2-12) with more than one (1) employee. (3) The Indiana School for the Blind and Visua…