Title 15, TITLE 15. AGRICULTURE AND ANIMALS

Sec. 15.5. As used in this chapter, "general use pesticide" means a pesticide that is not a restricted use pesticide. As added by P.L.249-2023, SEC.71.

Sec. 16. As used in this chapter, "herbicide" means any substance or mixture of substances intended for: (1) preventing; (2) destroying; (3) repelling; or (4) mitigating; any weed. [Pre-2008 Recodification Citation: 15-3-3.5-2(11).] As added by P.L.2-2008, SEC.7.…

Sec. 17. As used in this chapter, "highly volatile herbicide" means a herbicide that the board has determined to be capable of emitting vapors that may cause serious injury to desired plants by reason of movement of the vapors from the area of application of the herbicide to area…

Sec. 19. As used in this chapter, "inert ingredient" means an ingredient that is not an active ingredient. [Pre-2008 Recodification Citation: 15-3-3.5-2(13).] As added by P.L.2-2008, SEC.7.

Sec. 2. As used in this chapter, "active ingredient" means: (1) in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that will: (A) prevent; (B) destroy; (C) repel; or (D) mitigate; insects, nematodes, fungi, rodents, weeds, or other pes…

Sec. 20. As used in this chapter, "ingredient statement" means any of the following: (1) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide. (2) A statement of the name of each active ing…

Sec. 21. 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. 22. As used in this chapter, "insecticide" means any substance or mixture of substances intended for: (1) preventing; (2) destroying; (3) repelling; or (4) mitigating; any insects. [Pre-2008 Recodification Citation: 15-3-3.5-2(16).] As added by P.L.2-2008, SEC.7.…

Sec. 23. As used in this chapter, "label" means: (1) the: (A) written; (B) printed; or (C) graphic; matter on, or attached to, a pesticide product or the immediate container of the pesticide product; and (2) any outside container or wrapper of the retail package of the pesticide …

Sec. 24. As used in this chapter, "labeling" means all labels and other written, printed, or graphic matter: (1) upon the pesticide product or any of its containers or wrappers; (2) accompanying the pesticide product at any time; or (3) to which reference is made on the label or …

Sec. 25. As used in this chapter, "misbranded" refers to any of the following: (1) Any pesticide product if its labeling bears any: (A) statement; (B) design; or (C) graphic representation; relative to the pesticide product or to its ingredients that is false or misleading. (2) A…

Sec. 26. As used in this chapter, "nematocide" means any substance or mixture of substances intended for: (1) preventing; (2) destroying; (3) repelling; or (4) mitigating; nematodes. [Pre-2008 Recodification Citation: 15-3-3.5-2(20).] As added by P.L.2-2008, SEC.7.…

Sec. 27. 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. 28. As used in this chapter, "person" means: (1) an individual; (2) a partnership; (3) an association; (4) a fiduciary; (5) a corporation; or (6) an organized group of persons; whether incorporated or not. [Pre-2008 Recodification Citation: 15-3-3.5-2(22).] As added by P.L.2…

Sec. 29. As used in this chapter, "pest" has the meaning set forth in IC 15-16-5-24. [Pre-2008 Recodification Citation: 15-3-3.5-2(36).] As added by P.L.2-2008, SEC.7.

Sec. 3. As used in this chapter, "adulterated" refers to a pesticide or pesticide product if: (1) the strength or purity of the pesticide does not meet the professed standard or quality as expressed on its labeling under which it is sold; (2) any substance has been substituted wh…

Sec. 3.5. As used in this chapter, "adverse effect" means a pesticide exposure to a nontarget site (as defined in 357 IAC 1-12-1) that results in: (1) pesticide residues in excess of established food or feed tolerances established by the United States Environmental Protection Age…

Sec. 30. 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; and (2) any substance or mixture of substances intended for use as a: (A) plant regulator; (B) d…

[Pre-2008 Recodification Citation: 15-3-3.5-2(24).] As added by P.L.2-2008, SEC.7. Repealed by P.L.249-2023, SEC.72.

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 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 qualifications to be…

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. [Pre-2008 Recodification Citation: 15-3-3.5-15.] As added by P.L.2-2008, SEC.7.

Sec. 46. (a) Nine (9) 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 Recodification C…

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: (A) to: (i) have access to; and (ii) obtain samples of; pesticide products; and (B) to: (i) ex…

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…