CHAPTER 3. COMMERCIAL LAWN CARE SERVICE FERTILIZERS
IC 15-16-3
Chapter 3. Commercial Lawn Care Service Fertilizers
IC 15-16-3-1
Application of IC 15-16-2; exemptions
Sec. 1. (a) Except as provided in subsection (b), IC 15-16-2applies to a licensee.
(b) A licensee is not required to:
(1) register tank mixed liquid fertilizer grades underIC 15-16-2-31; and
(2) pay an inspection fee and file for a permit to report tonnageunder IC 15-16-2-33 and IC 15-16-2-34;
when the licensee is engaged in lawn care service.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-2
Application of definitions
Sec. 2. The definitions in IC 15-16-2 apply throughout thischapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-3
"Label"
Sec. 3. As used in this chapter, "label" means:
(1) written material;
(2) printed material;
(3) graphic material; or
(4) any other statement;
accompanying a fertilizer.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-4
"Lawn care service"
Sec. 4. As used in this chapter, "lawn care service" means serviceprovided to private, institutional, or commercial entities forcompensation to maintain and nourish:
(1) turf;
(2) shrubbery;
(3) trees; and
(4) other plants;
commonly associated with private, institutional, or commerciallawns. The term includes the application of commercial fertilizerindividually or in combination with a pesticide (as defined inIC 15-16-4-30).
As added by P.L.2-2008, SEC.7.
IC 15-16-3-5
"Licensee"
Sec. 5. As used in this chapter, "licensee" means a person who hasbeen issued a license under this chapter.As added by P.L.2-2008, SEC.7.
IC 15-16-3-6
"Tank mixed liquid fertilizer"
Sec. 6. As used in this chapter, "tank mixed liquid fertilizer"means a fluid mixture of commercial fertilizer and water in which thetotal nutrient content of the mixture does not exceed the amountdetermined under rules adopted by the state chemist under IC 4-22-2in accordance with current practices of the lawn care serviceindustry.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-7
License to distribute tank mixed liquid fertilizer
Sec. 7. A person:
(1) who is engaged in lawn care service; and
(2) whose name must appear on the label of a fertilizer underthis chapter;
must obtain a license from the state chemist before the person maydistribute a tank mixed liquid fertilizer to another person.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-8
Application for license; fee
Sec. 8. (a) To obtain a license described under section 7 of thischapter, a person must:
(1) submit an application; and
(2) pay a fee of one hundred dollars ($100) for each locationfrom which the person distributes tank mixed liquid fertilizer:
(A) in Indiana; and
(B) outside Indiana that conducts operations in Indiana;
to the state chemist.
(b) An application for a license issued under this chapter mustinclude:
(1) the name and address of the person applying for the license;or
(2) if the application submitted applies to at least one (1)location described under subsection (a)(2), the name andaddress of each location.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-9
Rules; licensee qualifications and training
Sec. 9. The state chemist may adopt rules under IC 4-22-2 toestablish qualifications for licenses issued under this chapter,including a training requirement necessary to assure that a personresponsible for a location described under section 8(a)(2) of thischapter is in compliance with this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-10
Name and location of licensee
Sec. 10. A license issued under this chapter shall be issued in thename of the person that distributes tank mixed liquid fertilizer at thelocation described under section 8(a)(2) of this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-11
License expiration and renewal
Sec. 11. A license issued under this chapter:
(1) expires December 31 of each year; and
(2) may be renewed by the state chemist.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-12
Information on labels and invoices
Sec. 12. A licensee shall display the name and address shown ona license issued under this chapter on labels and invoices forfertilizers distributed in Indiana by the licensee.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-13
Change to information; inform state chemist
Sec. 13. A licensee shall inform the state chemist in writing of:
(1) the addition of a location described under section 8(a)(2) ofthis chapter; and
(2) a change in:
(A) the name of the licensee's facilities; and
(B) the principal personnel associated with the licensee;
made during the time the licensee holds a license issued under thischapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-14
Labeling requirements
Sec. 14. (a) A fertilizer distributed as part of lawn care servicemust:
(1) be labeled under IC 15-16-2-32; and
(2) include the name and address of the licensee distributing thefertilizer.
(b) The information described under subsection (a) shall besupplied in written or printed form to a purchaser of fertilizer at thetime the fertilizer is delivered to the purchaser.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-15
Annual report to state chemist; information
Sec. 15. (a) A licensee that distributes or sells fertilizer to aperson in Indiana shall furnish the state chemist with an annualreport showing the: (1) quantity in tons; and
(2) grade;
of each fertilizer material used in tank mixed liquid fertilizer in eachcounty.
(b) A report described under subsection (a) must include the:
(1) name; and
(2) range of concentration;
of each pesticide incorporated with tank mixed liquid fertilizer.
(c) A report described under this section must be made:
(1) on a form provided by the state chemist; or
(2) by any other method approved by the state chemist.
(d) A report required under this section must be filed with thestate chemist before January 31 of the year following the year forwhich the report must be made.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-16
Sales information; annual report
Sec. 16. (a) The state chemist shall annually record informationconcerning the sale of commercial fertilizers used for lawn careservice based on the tonnage reports required under section 15 of thischapter.
(b) An annual report issued under this section:
(1) may be made available upon written request; and
(2) may not disclose the operations of any person.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-17
State chemist; agent; duties
Sec. 17. The state chemist, who may act through an agentauthorized by the state chemist, shall do the following:
(1) Administer this chapter.
(2) Adopt rules under IC 4-22-2:
(A) concerning the distribution of commercial fertilizersused in lawn care service; and
(B) necessary to implement this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-18
Fraudulent and deceptive practices; license refusal or revocation;hearing
Sec. 18. (a) If:
(1) a person applying for a license under this chapter usesfraudulent or deceptive practices to evade or attempt to evadecompliance with this chapter or rules adopted under thischapter, the state chemist may refuse to issue a license to theperson; or
(2) a licensee uses fraudulent or deceptive practices to evade orattempt to evade compliance with this chapter or rules adoptedunder this chapter, the state chemist may revoke the licensee's
license.
(b) The state chemist may not:
(1) refuse to issue a license to a person; or
(2) revoke a licensee's license;
until the person or the licensee has had an opportunity to appear ata hearing conducted by the state chemist.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-19
Revocation or suspension of license
Sec. 19. If a licensee:
(1) does not submit a report required to be submitted undersection 15 of this chapter by February 15 of a year;
(2) submits a false report under this chapter; or
(3) does not comply with label requirements under this chapter;
the state chemist may revoke the licensee's license or refuse to renewthe licensee's license.
As added by P.L.2-2008, SEC.7.
IC 15-16-3-20
Violations; minor violations; injunctions
Sec. 20. (a) A person that:
(1) knowingly makes a false application for a license issuedunder this chapter; or
(2) violates this chapter;
commits a Class C infraction.
(b) The state chemist is not required to report minor violations ofthis chapter for:
(1) prosecution; or
(2) the implementation of seizure proceedings;
if the state chemist believes that the public interest will be bestserved by a suitable written notice of warning.
(c) The state chemist may apply for a temporary or permanentinjunction restraining a person from violating or continuing to violatethis chapter or a rule adopted under this chapter. An injunctionissued under this subsection shall be issued without bond.
As added by P.L.2-2008, SEC.7.