Title 15, TITLE 15. AGRICULTURE AND ANIMALS

Sec. 9. (a) The state chemist may: (1) prescribe and enforce rules necessary to implement this chapter; (2) refuse to issue a permit; or (3) refuse to register or cancel the registration of any product used for promoting plant growth or any pure or mixed cultures of microorganism…

Sec. 1. Because the department of biochemistry at Purdue University is particularly conversant with the purpose and procedures provided by this chapter, the general assembly desires that the governor appoint a professor of biochemistry at Purdue University as the state chemist. […

Sec. 1.5. (a) As used in this section, "manure based fertilizer" means processed manure based commercial fertilizer with a manure content of at least seventy-five percent (75%). (b) Except as provided in subsection (c) and sections 35 and 36 of this chapter, this chapter does not…

Sec. 10. As used in this chapter, "distributor" means a person who: (1) offers for sale; (2) sells; (3) barters; or (4) supplies; commercial fertilizers. [Pre-2008 Recodification Citation: 15-3-3-3(10).] As added by P.L.2-2008, SEC.7.

Sec. 11. As used in this chapter, "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 unmanipul…

Sec. 12. As used in this chapter, "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). [Pre-2008 Recodification Citation: 15-3-3-3(5).] As added by P.L.2-20…

Sec. 13. As used in this chapter, "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. [Pre-2008 Recodification Citation: 15-3-3-3(2).] As added by P.L.2-2008, SEC.7.…

Sec. 14. As used in this chapter, "official sample" means any sample of commercial fertilizer taken by the state chemist or the state chemist's agent. [Pre-2008 Recodification Citation: 15-3-3-3(6).] As added by P.L.2-2008, SEC.7.

Sec. 15. As used in this chapter, "permit" refers to a permit issued under section 34 of this chapter to report the tonnage of commercial fertilizer sold. [2008 Recodification Citation: New.] As added by P.L.2-2008, SEC.7.

Sec. 16. As used in this chapter, "percent" or "percentage" means the percentage by weight. [Pre-2008 Recodification Citation: 15-3-3-3(8).] As added by P.L.2-2008, SEC.7.

Sec. 17. As used in this chapter, "person" means: (1) an individual; (2) a partnership; (3) an association; (4) a firm; (5) a limited liability company; or (6) a corporation. [Pre-2008 Recodification Citation: 15-3-3-3(9).] As added by P.L.2-2008, SEC.7.…

Sec. 18. As used in this chapter, "registrant" means a person who registers commercial fertilizer under this chapter. [Pre-2008 Recodification Citation: 15-3-3-3(14).] As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.13.

Sec. 19. As used in this chapter, "sell" or "sale" includes exchange. [Pre-2008 Recodification Citation: 15-3-3-3(11).] As added by P.L.2-2008, SEC.7. IC 15-16-2-20 "Specialty fertilizer" Sec. 20. As used in this chapter, "specialty fertilizer" means a commercial fertilizer distr…

Sec. 2. This chapter may not be construed: (1) to restrict or avoid sales or exchanges of commercial fertilizers among importers, manufacturers, or blenders who mix commercial fertilizer for sale; or (2) as preventing the free and unrestricted shipments of commercial fertilizers …

Sec. 2.5. As used in this chapter, "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 add…

Sec. 21. As used in this chapter, "storage" means the storage of bulk fertilizer by a person who: (1) manufactures or distributes bulk fertilizer; or (2) stores bulk fertilizer for personal use. [Pre-2008 Recodification Citation: 15-3-3-3(15).] As added by P.L.2-2008, SEC.7.…

Sec. 22. As used in this chapter, "ton" means a net weight of two thousand (2,000) pounds avoirdupois. [Pre-2008 Recodification Citation: 15-3-3-3(7).] As added by P.L.2-2008, SEC.7.

Sec. 23. As used in this chapter, "use" means the placement or usage of fertilizer materials on a targeted growing area. [Pre-2008 Recodification Citation: 15-3-3-3(20).] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.57; P.L.81-2009, SEC.15.

administration Sec. 24. (a) The office of state chemist is established. (b) The governor shall appoint the state chemist, who serves at the pleasure of the governor. (c) The state chemist shall administer this chapter. (d) The state chemist may designate an agent to discharge dut…

Sec. 25. (a) The Indiana fertilizer advisory board is established to: (1) study the regulation of fertilizer material; and (2) advise the state chemist on the administration of this chapter. (b) The board consists of the following members: (1) Two (2) representatives of the retai…

Sec. 26. (a) The state chemist may remove a voting member of the board for cause before the expiration of the member's term. (b) Vacancies created by the death, resignation, or removal for cause of a member of the board must be filled in the manner prescribed for appointment to t…

Sec. 27. The board shall elect one (1) of its voting members chairperson to serve for a term of two (2) years, unless the chairperson's appointment expires before the expiration of the term, in which case the term is for the duration of the chairperson's appointment. [Pre-2008 Re…

Sec. 28. The board shall invite nonvoting members to serve at the pleasure of the board. [Pre-2008 Recodification Citation: 15-3-3-17(k).] As added by P.L.2-2008, SEC.7.

Sec. 29. (a) The board may meet at times specified by the chairperson or by a majority of the board, but shall meet at least once a year. (b) Five (5) voting members of the board constitutes a quorum. Official actions require a majority of the voting members. The chairperson may …

Sec. 3. As used in this chapter, "blender" means a person or system engaged in the business of blending commercial fertilizer. [Pre-2008 Recodification Citation: 15-3-3-3(17).] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.54; P.L.81-2009, SEC.6.

Sec. 30. (a) Each member of the board who is not a state employee is entitled to receive both: (1) the minimum salary per diem; and (2) reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties; as provided in the Purdue Univers…

information; analysis; exemptions Sec. 31. (a) Before distributing commercial fertilizer in Indiana, the person whose name appears on the label of each brand and grade of the commercial fertilizer must submit: (1) an application for registration to the state chemist on a form fur…

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. 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. 4. As used in this chapter, "blending" means the physical mixing or combining: (1) of one (1) or more commercial fertilizers and one (1) or more filler materials; (2) of two (2) or more commercial fertilizers; or (3) of two (2) or more commercial fertilizers and filler mater…

appeal 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 pay…

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.

distribution 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)…

refusal to register; notice; hearing 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 evi…

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 section 44 of this chapter. (b) Certification and educational program fees collected under section 44 of this chapter must be used to pa…

fertilizers 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 …

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…

release of commercial fertilizer 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…

[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-15(a); subsection (b) formerly 15-3-3-15(b).] As added by P.L.2-2008, SEC.7. Repealed by P.L.81-2009, SEC.33.

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; or (2) deny, suspend, revoke, or amend the person's registration under this chapter. (b) The state…

Sec. 5. As used in this chapter, "board" refers to the Indiana fertilizer advisory board established by section 25 of this chapter. [Pre-2008 Recodification Citation: 15-3-3-3(16).] As added by P.L.2-2008, SEC.7.

hearing 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 f…

Sec. 6. As used in this chapter, "brand" means a term, design, or trademark used in connection with at least one (1) grade of commercial fertilizer. [Pre-2008 Recodification Citation: 15-3-3-3(4).] As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.8.