CHAPTER 2. COMMERCIAL FERTILIZERS
IC 15-16-2
Chapter 2. Commercial Fertilizers
IC 15-16-2-1
State chemist; appointment
Sec. 1. Because the department of biochemistry at PurdueUniversity is particularly conversant with the purpose and proceduresprovided by this chapter, the general assembly desires that thegovernor appoint a professor of biochemistry at Purdue Universityas the state chemist.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-2
Construction of chapter
Sec. 2. This chapter may not be construed:
(1) to restrict or avoid sales or exchanges of commercialfertilizers among importers, manufacturers, or blenders whomix commercial fertilizer for sale; or
(2) as preventing the free and unrestricted shipments ofcommercial fertilizers to manufacturers or blenders who haveregistered their brands as required by this chapter.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.5.
IC 15-16-2-2.5
"Ammonium nitrate"
Sec. 2.5. As used in this chapter, "ammonium nitrate" means theammonium salt of nitric acid, which must contain not less thanthirty-three percent (33%) nitrogen, fifty percent (50%) of which isin the ammonium form and fifty percent (50%) of which is in thenitrate form.
As added by P.L.120-2008, SEC.53.
IC 15-16-2-3
"Blender"
Sec. 3. As used in this chapter, "blender" means a person orsystem engaged in the business of blending commercial fertilizer.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.54;P.L.81-2009, SEC.6.
IC 15-16-2-4
"Blending"
Sec. 4. As used in this chapter, "blending" means the physicalmixing or combining:
(1) of one (1) or more commercial fertilizers and one (1) ormore filler materials;
(2) of two (2) or more commercial fertilizers; or
(3) of two (2) or more commercial fertilizers and fillermaterials;
including mixing through the simultaneous or sequential applicationof any of the combinations referred to in subdivision (1), (2), or (3)
to produce a uniform mixture.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.55;P.L.81-2009, SEC.7.
IC 15-16-2-5
"Board"
Sec. 5. As used in this chapter, "board" refers to the Indianafertilizer advisory board established by section 25 of this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-6
"Brand"
Sec. 6. As used in this chapter, "brand" means a term, design, ortrademark used in connection with at least one (1) grade ofcommercial fertilizer.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.8.
IC 15-16-2-7
"Bulk fertilizer"
Sec. 7. As used in this chapter, "bulk fertilizer" means acommercial fertilizer distributed in nonpackaged form.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.9.
IC 15-16-2-8
"Commercial fertilizer"
Sec. 8. As used in this chapter, "commercial fertilizer" meansmixed fertilizer or fertilizer materials. The term does not includenonprocessed manure, marl, lime, wood ashes, or plaster.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-9
"Custom blend"
Sec. 9. As used in this chapter, "custom blend" means acommercial fertilizer blended:
(1) according to specifications provided to a blender in a soiltest nutrient recommendation; or
(2) to meet specific requests of a consumer (who is the enduser) before blending.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.56;P.L.81-2009, SEC.10.
IC 15-16-2-10
"Distributor"
Sec. 10. As used in this chapter, "distributor" means a personwho:
(1) offers for sale;
(2) sells;
(3) barters; or
(4) supplies;
commercial fertilizers.As added by P.L.2-2008, SEC.7.
IC 15-16-2-11
"Fertilizer material"
Sec. 11. As used in this chapter, "fertilizer material" means anysubstance containing nitrogen, phosphate, potash, or any recognizedplant nutrient that:
(1) is used for the plant nutrient content; and
(2) has nutrient value in promoting plant growth.
The term includes unmanipulated animal and vegetable manures.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.11.
IC 15-16-2-12
"Grade"
Sec. 12. As used in this chapter, "grade" means the minimumpercentages of the following elements stated in the following order:
(1) Total nitrogen (N).
(2) Available phosphate (P2O5).
(3) Soluble potash (K2O).
As added by P.L.2-2008, SEC.7.
IC 15-16-2-13
"Mixed fertilizer"
Sec. 13. As used in this chapter, "mixed fertilizer" means anycombination or mixture of commercial fertilizers:
(1) designed for use; or
(2) claimed to have nutrient value;
in promoting plant growth.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.12.
IC 15-16-2-14
"Official sample"
Sec. 14. As used in this chapter, "official sample" means anysample of commercial fertilizer taken by the state chemist or the statechemist's agent.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-15
"Permit"
Sec. 15. As used in this chapter, "permit" refers to a permit issuedunder section 34 of this chapter to report the tonnage of commercialfertilizer sold.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-16
"Percent"; "percentage"
Sec. 16. As used in this chapter, "percent" or "percentage" meansthe percentage by weight.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-17
"Person"
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.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-18
"Registrant"
Sec. 18. As used in this chapter, "registrant" means a person whoregisters commercial fertilizer under this chapter.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.13.
IC 15-16-2-19
"Sell"; "sale"
Sec. 19. As used in this chapter, "sell" or "sale" includesexchange.
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 acommercial fertilizer distributed for nonfarm use.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.14.
IC 15-16-2-21
"Storage"
Sec. 21. As used in this chapter, "storage" means the storage ofbulk fertilizer by a person who:
(1) manufactures or distributes bulk fertilizer; or
(2) stores bulk fertilizer for personal use.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-22
"Ton"
Sec. 22. As used in this chapter, "ton" means a net weight of twothousand (2,000) pounds avoirdupois.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-23
"Use"
Sec. 23. As used in this chapter, "use" means the placement orusage of fertilizer materials on a targeted growing area.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.57;P.L.81-2009, SEC.15.
IC 15-16-2-24
Office of the state chemist established; appointment;administration
Sec. 24. (a) The office of state chemist is established.
(b) The governor shall appoint the state chemist, who serves at thepleasure of the governor.
(c) The state chemist shall administer this chapter.
(d) The state chemist may designate an agent to discharge dutiesimposed on the state chemist by law.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-25
Fertilizer advisory board; establishment; membership
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 thischapter.
(b) The board consists of the following members:
(1) Two (2) representatives of the retail fertilizer industry.
(2) One (1) representative of fertilizer manufacturing,distributing, or manufacturing and distributing.
(3) Two (2) representatives of producers of agricultural crops.
(4) One (1) representative of the lawn care industry.
(5) One (1) representative of the Purdue School of Agriculture.
(6) One (1) representative of a public conservation organization.
(7) One (1) representative of the livestock industry.
(8) The president of the Indiana Plant Food and AgriculturalChemicals Association, who serves as a nonvoting member.
(9) One (1) representative of the department of environmentalmanagement, who serves as a nonvoting member.
(10) The fertilizer administrator for the office of the statechemist, who serves as a nonvoting member.
(11) The engineer specialist for the office of the state chemist,who serves as a nonvoting member.
(12) One (1) representative of the Indiana state department ofagriculture, who shall serve as a nonvoting member.
(c) The state chemist shall appoint the voting members of theboard, who serve for terms of four (4) years.
(d) Voting members of the board may be appointed for successiveterms at the discretion of the state chemist.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.58;P.L.81-2009, SEC.16.
IC 15-16-2-26
Members; removal; vacancies
Sec. 26. (a) The state chemist may remove a voting member of theboard for cause before the expiration of the member's term.
(b) Vacancies created by the death, resignation, or removal forcause of a member of the board must be filled in the mannerprescribed for appointment to that board position. Vacancies must be
filled not later than thirty (30) days after the death, resignation, orremoval for cause.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-27
Chairperson
Sec. 27. The board shall elect one (1) of its voting memberschairperson to serve for a term of two (2) years, unless thechairperson's appointment expires before the expiration of the term,in which case the term is for the duration of the chairperson'sappointment.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-28
Nonvoting members
Sec. 28. The board shall invite nonvoting members to serve at thepleasure of the board.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-29
Meetings; quorum
Sec. 29. (a) The board may meet at times specified by thechairperson or by a majority of the board, but shall meet at least oncea year.
(b) Five (5) voting members of the board constitutes a quorum.Official actions require a majority of the voting members. Thechairperson may actively participate in all decisions of the board.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-30
Per diem and travel expenses
Sec. 30. (a) Each member of the board who is not a stateemployee is entitled to receive both:
(1) the minimum salary per diem; and
(2) reimbursement for travel expenses and other expensesactually incurred in connection with the member's duties;
as provided in the Purdue University travel policies and proceduresestablished by the Purdue University department of transportationand approved by the Purdue University vice president of businessservices.
(b) Each member of the board who is a state employee is entitledto reimbursement for travel expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties, as provided in the state travel policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.17.
IC 15-16-2-31
Commercial fertilizer; label; application; fee; registration;
information; analysis; exemptions
Sec. 31. (a) Before distributing commercial fertilizer in Indiana,the person whose name appears on the label of each brand and gradeof the commercial fertilizer must submit:
(1) an application for registration to the state chemist on a formfurnished by the state chemist; and
(2) the appropriate filing fee set forth in subsection (b).
(b) The filing fee for commercial fertilizers sold in packagesweighing more than twelve (12) pounds is twenty dollars ($20) foreach grade of each brand. The filing fee for commercial fertilizerssold in packages weighing not more than twelve (12) pounds is fiftydollars ($50) for each grade of each brand.
(c) Upon approval of the application, the state chemist shallfurnish a copy of the registration to the applicant.
(d) All registrations expire on June 30 each year.
(e) In addition to the appropriate filing fee set forth in subsection(b), a late filing fee equal to one hundred percent (100%) of theappropriate filing fee is assessed when:
(1) an application to renew the registration of a commercialfertilizer under this section is received after July 31; or
(2) a product that must be registered under this section is foundto be in distribution before registration.
(f) An application under subsection (a) must include the followinginformation:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentageof plant food claimed in the following order and form:
Total Nitrogen (N) percent
Available Phosphate (P2O5) percent
Soluble Potash (K2O) percent
(g) The minimum percentage of plant food in mixed fertilizersunder subsection (f)(3) must be given in whole numbers only.However, the state chemist may allow fractional numbers to be usedunder subsection (f)(3) for specialty fertilizers or if plant foodelements or other additives are added.
(h) For unacidulated mineral phosphatic materials and basic slag:
(1) the total phosphate;
(2) the available phosphate; and
(3) the degree of fineness;
must be guaranteed. For bone, tankage, and other natural organicphosphate materials, only the total phosphate must be guaranteed.
(i) Additional plant food elements or other additives that aredeterminable by chemical methods may be guaranteed only bypermission of the state chemist. The state chemist shall grantpermission only if the state chemist determines, with the advice ofthe dean of agriculture of Purdue University or the dean's designee,that the guarantee would not constitute a misrepresentation and iscorrect. Additional plant foods that are guaranteed:
(1) must be included in the guarantee in the form of the
element; and
(2) are subject to inspection and analysis in accordance with themethods that the state chemist prescribes.
(j) A distributor is not required to register a brand of commercialfertilizer that is registered under this chapter by another person if thelabel used by the distributor does not differ in any respect from thatused by the registrant.
(k) A distributor who acts as a blender is not required undersubsection (a) to register a custom blend that the distributor producesif the commercial fertilizers blended together to produce the customblend are registered under subsection (a). However, a distributor whoacts as a blender shall provide the state chemist with the followinginformation about each custom blend that the distributor produces:
(1) The name and address of the distributor.
(2) The brand and grade of the custom blend.
(3) The guaranteed analysis of the custom blend showing theminimum percentage of plant food claimed in the followingorder and form:
(A) The percent of total nitrogen (N).
(B) The percent of available phosphate (P2O5).
(C) The percent of soluble potash (K2O).
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.18.
IC 15-16-2-32
Labeling requirements
Sec. 32. (a) The bag or other container in which any commercialfertilizer is offered for sale, sold, or distributed in Indiana must havea written or printed statement of the net weight and the informationrequired by section 31 of this chapter directly on or affixed to thepackage.
(b) If the commercial fertilizer is distributed in bulk, the writtenor printed statement required by section 31 of this chapter must:
(1) accompany the commercial fertilizer at delivery; and
(2) be supplied to the purchaser at time of delivery.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.19.
IC 15-16-2-33
Inspection fee; exemptions
Sec. 33. (a) Except as provided in subsection (c), a person whodistributes 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 underthis chapter shall pay to the state chemist an inspection fee computedunder subsection (b).
(b) The inspection fee charged under subsection (a) is forty-fivecents ($0.45) per ton for each ton of commercial fertilizer distributed.If a fertilizer tonnage report is required under this chapter, theminimum inspection fee is ten dollars ($10) payable semiannually.
(c) Sales or exchanges between importers, manufacturers,
distributors, or registrants are exempt from the inspection fee.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-34
Permit to report commercial fertilizer sold; fee
Sec. 34. (a) Each registrant shall apply to the state chemist for apermit to report the tonnage of commercial fertilizer sold and pay theinspection fee of forty-five cents ($0.45) per ton on the basis of thereport. In making the application, the registrant must agree to thefollowing:
(1) To keep records that the state chemist requires to indicateaccurately the tonnage and kinds of commercial fertilizers soldin Indiana.
(2) To grant the state chemist permission to examine thoserecords and verify the statement of tonnage.
(3) To report under oath to the state chemist on forms furnishedby the state chemist the tonnage of commercial fertilizer soldduring the period covered.
(b) The state chemist:
(1) may grant the permit if the state chemist determines that theapplication of the permit to report tonnage of commercialfertilizer described in subsection (a) will lead to efficientenforcement of this chapter; and
(2) may revoke the permit at any time if it appears to the statechemist that the registrant is not complying with:
(A) the terms of the agreement entered into at the time of theissuance of the permit; or
(B) this chapter.
(c) The report of tonnage is due and the inspection fees arepayable semiannually on the last day of the month following the endof the semiannual period.
(d) If:
(1) the report of tonnage is not filed and the inspection fee paidby the fifteenth day following the due date;
(2) the report of tonnage is false; or
(3) the permit holder has not complied with labelingrequirements of this chapter;
the state chemist may revoke the permit.
(e) If the inspection fee is unpaid after the fifteen (15) day graceperiod described in subsection (d), a penalty shall be assessed in theamount of:
(1) fifty dollars ($50); or
(2) ten percent (10%) of the amount due;
whichever is greater, in addition to the amount due.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.20.
IC 15-16-2-35
Disposition of inspection fees
Sec. 35. (a) The state chemist shall pay to the treasurer of PurdueUniversity all inspection fees collected under this chapter. (b) Inspection fees collected under this chapter must be used topay all necessary expenses incurred in carrying out this chapter,including the following:
(1) Employing inspectors and chemists.
(2) Procuring samples.
(3) Printing bulletins.
(4) Giving the results of inspections as provided for by thischapter.
(5) Any other expenses incurred by Purdue Universityagricultural programs:
(A) authorized by law; and
(B) in support of the purposes of this chapter.
(c) The dean of agriculture of Purdue University shall make anannual classified report to the governor showing the total receiptsand expenditures of all fees received under this chapter.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.21.
IC 15-16-2-36
Excess funds from fees collected; disposition
Sec. 36. (a) Notwithstanding any other law, all excess fundsaccumulated from the fees collected by:
(1) the state chemist, under this chapter, IC 15-15-2, IC 15-16-4,and IC 15-19-7; and
(2) the state seed commissioner under IC 15-15-1;
shall be paid to the treasurer of Purdue University. The funds shallbe administered by the board of trustees of Purdue University.
(b) On approval of the governor and the budget agency, the boardof trustees may spend the excess funds for the construction,operation, rehabilitation, and repair of buildings, structures, or otherfacilities used for:
(1) carrying out the purposes of those chapters referred to insubsection (a) under which the fees are collected; or
(2) the agricultural programs authorized by law and in supportof the purposes of the chapters referred to in subsection (a).
As added by P.L.2-2008, SEC.7.
IC 15-16-2-37
Annual publication by state chemist; information required
Sec. 37. (a) The state chemist shall publish at least annually in aform that the state chemist considers proper, information concerningthe following:
(1) The sales of commercial fertilizers, including any data onsales that the state chemist considers advisable.
(2) The results of the analyses conducted under section 38 ofthis chapter based on official samples of commercial fertilizerssold within the state compared with the analysis guaranteedunder sections 31 and 32 of this chapter.
(b) The information published by the state chemist concerning thesale of commercial fertilizers:
(1) must show separately the fall season and spring season of
each year; and
(2) may not disclose the operations of any person.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-38
Inspection, analysis, and tests; entry onto premises
Sec. 38. (a) The state chemist shall:
(1) sample, inspect, make analysis of, and test commercialfertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time andplace and to such an extent as necessary to determine whetherthe bulk fertilizers and their storage are in compliance with thischapter.
(b) The state chemist may enter upon any public or privatepremises during regular business hours in order to have access to:
(1) fertilizer materials; and
(2) plans and records relating to the transportation, storage, sale,and use of fertilizer materials;
subject to this chapter and the rules adopted under this chapter.
(c) The state chemist shall adopt methods of sampling andanalysis for commercial fertilizers from sources that may includeAOAC International. In cases of dispute, AOAC International'smethods prevail if AOAC International's methods are available.
(d) The state chemist shall determine for administrative purposeswhether a commercial fertilizer is deficient in plant foods using onlythe official sample obtained and analyzed as provided in subsection(c).
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.22.
IC 15-16-2-39
Official commercial fertilizer analysis; report
Sec. 39. If an official commercial fertilizer analysis conducted bythe state chemist under section 38 of this chapter results in adetermination that the registrant of a commercial fertilizer is subjectto a penalty or other legal action under this chapter, the state chemistshall forward a report of the results of the analysis to the registrantat least thirty (30) days before the report is submitted to thepurchaser of the commercial fertilizer. If the analysis was requestedby a person other than the state chemist, the results of the analysisshall be forwarded to the registrant and purchaser immediately. If,during the thirty (30) day period, the state chemist does not receiveadequate evidence contesting the results in the report, the reportbecomes an official report at the expiration of the thirty (30) dayperiod. Upon the registrant's request, the state chemist shall furnishto the registrant part of the commercial fertilizer sample analyzed bythe state chemist to determine that the registrant is subject to apenalty or other legal action under this chapter.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.23.
IC 15-16-2-40 Noncompliance with analysis; order for refund to purchaser;appeal
Sec. 40. (a) If an analysis conducted by the state chemist undersection 38 of this chapter shows that a commercial fertilizer fails inany respect to meet the guaranteed analysis filed by a registrantunder section 31 of this chapter, the state chemist may require thepayment of a refund to the purchaser equal to the difference between:
(1) the price the purchaser paid for the commercial fertilizer;and
(2) the current value of the commercial fertilizer after the statechemist's analysis.
(b) The registrant must forward receipts for payment of refundsrequired under subsection (a) promptly to the state chemist. If thepurchaser cannot be found, the registrant shall pay the refund to alocal charitable or educational organization of the registrant's choiceand forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition ofany penalty assessed by the state chemist under this chapter to acourt with jurisdiction.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.24.
IC 15-16-2-41
Storage of bulk fertilizers
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.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.25.
IC 15-16-2-42
Misbranded and adulterated commercial fertilizers; unlawfuldistribution
Sec. 42. (a) A commercial fertilizer is misbranded if:
(1) the commercial fertilizer carries any false or misleadingstatement upon or attached to the container; or
(2) false or misleading statements concerning the commercialfertilizer's nutrient value are made:
(A) on the container; or
(B) in any advertising media accompanying or associatedwith the commercial fertilizer.
It is unlawful to distribute a misbranded commercial fertilizer.
(b) It is unlawful to distribute an adulterated commercial fertilizer.For purposes of this subsection, a commercial fertilizer is adulteratedif:
(1) the commercial fertilizer contains any deleterious or harmfulsubstance in a sufficient amount to render the commercialfertilizer injurious to beneficial plant life, animals, humans,aquatic life, soil, or water when applied in accordance withdirections for use on the label; or
(2) the label does not include adequate warning statements ordirections for use that may be necessary to protect plant life,
animals, humans, aquatic life, soil, or water.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.26.
IC 15-16-2-43
Fraudulent or deceptive practices; cancellation of registration;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 inaccordance with this chapter;
if the state chemist receives satisfactory evidence that the registranthas used fraudulent or deceptive practices in the evasion or attemptedevasion of this chapter or any rule adopted under this chapter.
(b) The state chemist may not revoke or refuse a registrationunder subsection (a) until the registrant receives notice and has theopportunity to appear for a hearing.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-44
Rules; certification and education programs; fees; waivers
Sec. 44. (a) The state chemist may adopt rules under IC 4-22-2concerning the following:
(1) The distribution and use of fertilizer material.
(2) The distribution and storage of bulk fertilizers, includingstandards for the storage of bulk fertilizers to protect the watersof the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerningthe following:
(1) Subject to subsection (d), the establishment of certificationand educational programs, as determined by the state chemist,relating to the application of fertilizer material, thetransportation of fertilizer material, or both for the following:
(A) Persons who apply fertilizer material for hire, transportfertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizermaterial, or both from the following:
(i) Confined feeding operations (as defined inIC 13-11-2-40).
(ii) Operations outside Indiana that would be confinedfeeding operations (as defined in IC 13-11-2-40) if theywere located in Indiana.
(2) The establishment of fees for the certification and educationprograms established under subdivision (1).
(c) Any fees collected for a certification and educational programsunder subsection (b)(1) shall be collected by the state chemist anddeposited and administered under section 44.5 of this chapter.
(d) The state chemist may waive all or part of the certificationrequirements established under subsection (b)(1) on a reciprocalbasis with any state agency or federal agency that has substantially
the same certification standards.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.27.
IC 15-16-2-44.5
Disposition of fees
Sec. 44.5. (a) The state chemist shall pay to the treasurer ofPurdue University all certification and educational program feescollected under section 44 of this chapter.
(b) Certification and educational program fees collected undersection 44 of this chapter must be used to pay all necessary expensesincurred in carrying out and administering the certification andeducational programs.
(c) The dean of agriculture of Purdue University shall make anannual classified report to the governor showing the total receiptsand expenditures of all fees received under this section.
As added by P.L.81-2009, SEC.28.
IC 15-16-2-45
Use of technologies to protect waters from release of bulkfertilizers
Sec. 45. The state chemist may allow the use of technologies ormethods other than those specified in the administrative rulesadopted by the state chemist under section 44 of this chapter if thetechnologies or methods provide substantially similar protection tothe waters of the state from the release of bulk fertilizer as providedby the rules.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-46
Stop sale, use, or removal orders
Sec. 46. (a) If the state chemist determines that a commercialfertilizer is being offered for sale in violation of this chapter, thestate 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 or printed order to hold the commercial fertilizerat a designated place until:
(A) the owner or custodian complies with this chapter;
(B) the state chemist releases the commercial fertilizer inwriting; or
(C) the violation is legally disposed of by written authority.
(b) The state chemist shall release commercial fertilizerwithdrawn under subsection (a) when:
(1) the owner or custodian complies with this chapter; and
(2) all costs and expenses incurred in connection with thewithdrawal have been paid.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.29.
IC 15-16-2-47
Seizure of commercial fertilizer; condemnation and disposal;release of commercial fertilizer Sec. 47. (a) Any commercial fertilizer not in compliance with thischapter is subject to seizure based on a complaint of the state chemistfiled in a court with jurisdiction in the area in which the commercialfertilizer is located.
(b) Subject to subsection (a), if the court finds the commercialfertilizer is in violation of this chapter and orders the condemnationof the commercial fertilizer, the commercial fertilizer must bedisposed of in any manner consistent with the quality of thecommercial fertilizer and the laws of the state.
(c) A court may not order the disposition of the commercialfertilizer without first giving the claimant an opportunity to apply tothe court for:
(1) release of the commercial fertilizer; or
(2) permission to process or relabel the commercial fertilizer tobring it into compliance with this chapter.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.30.
IC 15-16-2-48
(Repealed by P.L.81-2009, SEC.33.)
IC 15-16-2-49
Injunctions
Sec. 49. The state chemist may apply for a temporary orpermanent injunction restraining any person from violating orcontinuing to violate this chapter or any rule adopted under thischapter. The injunction shall be issued without bond. The remediesunder this subsection are supplemental to other remedies allowedunder this section or other law.
As added by P.L.2-2008, SEC.7.
IC 15-16-2-49.5
Violations; penalties
Sec. 49.5. (a) If a person violates this chapter or a rule adoptedunder this chapter, the state chemist may:
(1) warn, issue a citation to, or impose a civil penalty on theperson; or
(2) deny, suspend, revoke, or amend the person's registrationunder this chapter.
(b) The state chemist shall adopt by rule, under IC 4-22-2, aschedule of civil penalties that may be imposed under subsection (a).The state chemist may impose a civil penalty only according to aschedule of civil penalties recommended by the board.
(c) A person who knowingly or intentionally violates this chaptercommits a Class A misdemeanor.
As added by P.L.120-2008, SEC.59. Amended by P.L.81-2009,SEC.31.
IC 15-16-2-50
Regulation by political subdivision prohibited; petition; 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 toregulate by ordinance the storage or use of fertilizer material.
(b) A political subdivision may, by resolution, petition the statechemist for a hearing to allow a waiver to adopt an ordinancebecause of special circumstances relating to the storage or use offertilizer material. If a petition is received, the state chemist shallhold a public hearing to consider allowing the waiver requested. Thepublic hearing must be conducted in an informal manner. IC 4-21.5does not apply to a public hearing under this section.
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.32.