Title 15, AGRICULTURE AND ANIMALS

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.

Sec. 73. (a) Except as provided in subsection (f), if the state chemist: (1) finds any pesticide product: (A) upon any premises; or (B) in any means of conveyance; where it is held for purposes of, or during or after, distribution or sale; and (2) determines that the pesticide pr…

Sec. 74. (a) The state chemist may file a claim in accordance with subsection (b) to condemn any pesticide product that is: (1) distributed, sold, or offered for sale in Indiana; or (2) delivered for transportation or transported: (A) in intrastate commerce; or (B) between points…

Sec. 75. (a) If a pesticide product is condemned under this chapter, the court shall enter a decree ordering the: (1) disposal; (2) destruction; or (3) sale; as the court may direct. (b) If the pesticide product is sold under subsection (a), the proceeds, less legal costs, shall …

Sec. 76. Whenever a decree of condemnation is entered under section 75(a) of this chapter against a pesticide product: (1) court costs; (2) fees; (3) storage costs; and (4) other proper expenses; shall be awarded against the person, if any, intervening as claimant of the pesticid…

Sec. 77. A person who recklessly, knowingly, or intentionally: (1) violates this chapter; or (2) impedes or prevents the state chemist or the state chemist's authorized agent in performance of the state chemist's duty in connection with this chapter; commits a Class C misdemeanor…

Sec. 78. A person who, with intent to defraud: (1) uses; or (2) reveals; information relative to formulas of products acquired under authority of section 64 of this chapter commits a Class A misdemeanor. [Pre-2008 Recodification Citation: 15-3-3.5-22.] As added by P.L.2-2008, SEC…

Sec. 8. As used in this chapter, "defoliant" means any: (1) substance; or (2) mixture of substances; intended to cause leaves or foliage to drop from a plant with or without causing abscission. [Pre-2008 Recodification Citation: 15-3-3.5-2(5).] As added by P.L.2-2008, SEC.7.…

Sec. 9. As used in this chapter, "desiccant" means any: (1) substance; or (2) mixture of substances; intended for artificially accelerating the drying of plant tissues. [Pre-2008 Recodification Citation: 15-3-3.5-2(6).] As added by P.L.2-2008, SEC.7.

Sec. 1. (a) The state veterinarian shall be appointed by the board with the approval of the governor. (b) The state veterinarian serves as the chief administrative officer of the board. [Pre-2008 Recodification Citation: 15-2.1-4-1.] As added by P.L.2-2008, SEC.8.

Sec. 10. The salary of the employees of the board shall be fixed according to IC 4-12-2. [Pre-2008 Recodification Citation: 15-2.1-4-10.] As added by P.L.2-2008, SEC.8.

Sec. 11. Employees are entitled to receive necessary transportation and per diem expenses while away from the employees' official station and performing official duties. [Pre-2008 Recodification Citation: 15-2.1-4-11.] As added by P.L.2-2008, SEC.8.

Sec. 12. (a) An employee may not receive or collect any fee or other payment for any services provided as an employee. (b) To learn professional skills and become familiar with new developments in the field of veterinary medicine, the state veterinarian or other veterinarians emp…

Sec. 2. The state veterinarian: (1) must: (A) be a graduate of a recognized veterinary college; (B) be licensed and accredited to practice veterinary medicine in Indiana; and (C) have at least five (5) years experience as a general practitioner of veterinary medicine or as a vete…

Sec. 3. The state veterinarian shall serve a term of four (4) years. [Pre-2008 Recodification Citation: 15-2.1-4-3.] As added by P.L.2-2008, SEC.8.

Sec. 4. A vacancy in the office of state veterinarian shall be filled for the unexpired term in the same manner as for a full term. [Pre-2008 Recodification Citation: 15-2.1-4-4.] As added by P.L.2-2008, SEC.8.

Sec. 5. The state veterinarian: (1) serves as the chief administrative officer of the board and performs the duties delegated by the board to the state veterinarian; (2) provides technical advice and assistance to, and serves as the chief administrative officer of, the Indiana bo…

Sec. 6. The state veterinarian may, subject to the approval of the board: (1) organize the personnel and functions of the board into divisions and subdivisions; (2) delegate responsibilities to the divisions and employees; and (3) consolidate, divide, or abolish the divisions and…