CHAPTER 4. PESTICIDES
IC 15-16-4
Chapter 4. Pesticides
IC 15-16-4-1
Application of chapter; exported pesticides
Sec. 1. A pesticide product is not in violation of this chapter whenthe product is:
(1) intended solely for export to a foreign country; and
(2) prepared or packed according to the specifications ordirections of the purchaser.
However, this chapter applies if the pesticide product is not exported.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-2
"Active ingredient"
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 pests;
(2) in the case of a plant regulator, an ingredient that, throughphysiological action, will accelerate or retard the rate of growthor rate of maturation or alter the behavior of:
(A) ornamental or crop plants; or
(B) the produce of ornamental or crop plants;
(3) in the case of a defoliant, an ingredient that will cause theleaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient that will artificiallyaccelerate the drying of plant tissue; and
(5) in the case of a nitrogen stabilizer, an ingredient that willprevent or hinder the process of nitrification, denitrification,ammonia volatilization, or urease production through an actionaffecting soil bacteria.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.60.
IC 15-16-4-3
"Adulterated"
Sec. 3. As used in this chapter, "adulterated" refers to a pesticideor pesticide product if:
(1) the strength or purity of the pesticide falls below theprofessed standard or quality as expressed on its labeling underwhich it is sold;
(2) any substance has been substituted wholly or in part for thepesticide product; or
(3) any valuable constituent of the pesticide product has beenwholly or in part removed.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-4
"Antidote"
Sec. 4. As used in this chapter, "antidote" means the mostpractical immediate treatment in case of poisoning, including first aidtreatment.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-5
"Aquatic ecologist"
Sec. 5. As used in this chapter, "aquatic ecologist" means ascientist with a degree in, extensive training in, or experience in atleast one (1) of the following:
(1) Aquatic ecology.
(2) Limnology.
(3) Invertebrate zoology.
(4) Invertebrate ecology.
(5) Ichthyology.
(6) Aquatic botany.
(7) Algology.
(8) Primary production ecology.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-6
"Board"
Sec. 6. As used in this chapter, "board" means the Indianapesticide review board established by section 42 of this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-7
"Bulk pesticide"
Sec. 7. As used in this chapter, "bulk pesticide" means anypesticide or mixture of pesticides that is transported or held in areusable immediate container in undivided quantities greater than:
(1) one hundred (100) pounds net dry weight; or
(2) fifty-five (55) U.S. gallons liquid measure.
The term does not include a pesticide that is in the custody of theultimate user and has been prepared for application by the ultimateuser by diluting the pesticide according to the label directions for thatpesticide.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-8
"Defoliant"
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 orwithout causing abscission.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-9
"Desiccant"
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.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-10
"Device"
Sec. 10. As used in this chapter, "device" means any instrumentor contrivance intended for trapping, destroying, repelling, ormitigating insects or rodents or destroying, repelling, or mitigatingany pest. The term does not include:
(1) equipment used for the application of pesticides when soldseparately from the pesticides;
(2) firearms; or
(3) simple mechanical devices, including barriers, traps, oradhesives, or other simple contrivances that are not subject tothis chapter as determined by the pesticide review board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-11
"Distribute"
Sec. 11. As used in this chapter, "distribute" means to:
(1) offer for sale;
(2) sell;
(3) exchange;
(4) barter; or
(5) supply or offer to supply;
a pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-12
"Final printed labeling"
Sec. 12. As used in this chapter, "final printed labeling" means theprinted label or other labeling that will appear on or accompany apesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-13
"Front panel"
Sec. 13. As used in this chapter, "front panel" means the part ofa label that is visible to a purchaser under normal conditions of salesdisplays.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-14
"Fungi"
Sec. 14. As used in this chapter, "fungi" means all
nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearingplants of a lower order than mosses and liverworts), including:
(1) rusts;
(2) smuts;
(3) mildews;
(4) molds;
(5) yeasts;
(6) bacteria; and
(7) viruses;
except those on or in a living human or other animal.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-15
"Fungicide"
Sec. 15. As used in this chapter, "fungicide" means any substanceor mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any fungi.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-16
"Herbicide"
Sec. 16. As used in this chapter, "herbicide" means any substanceor mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any weed.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-17
"Highly volatile herbicide"
Sec. 17. As used in this chapter, "highly volatile herbicide" meansa herbicide that the board has determined to be capable of emittingvapors that may cause serious injury to desired plants by reason ofmovement of the vapors from the area of application of the herbicideto areas inhabited by the desired plants.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-18
"Immediate container"
Sec. 18. As used in this chapter, "immediate container" means thepart of a container that is in direct contact with a pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-19 "Inert ingredient"
Sec. 19. As used in this chapter, "inert ingredient" means aningredient that is not an active ingredient.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-20
"Ingredient statement"
Sec. 20. As used in this chapter, "ingredient statement" means anyof the following:
(1) A statement of the name and percentage of each activeingredient, together with the total percentage of the inertingredients, in the pesticide.
(2) A statement of the name of each active ingredient indecreasing order of abundance and the total percentage of activeingredients, together with the name of each and total percentageof the inert ingredients, if any, in the pesticide.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.61.
IC 15-16-4-21
"Insect"
Sec. 21. As used in this chapter, "insect" means any smallinvertebrate animal:
(1) generally having the body more or less obviouslysegmented;
(2) for the most part belonging to the class Insecta; and
(3) comprising:
(A) six (6) legged usually winged forms, including beetles,bugs, bees, flies; or
(B) other allied classes of arthropods whose members arewingless and usually have more than six (6) legs, includingspiders, mites, ticks, centipedes, and wood lice.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-22
"Insecticide"
Sec. 22. As used in this chapter, "insecticide" means anysubstance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any insects.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-23
"Label"
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 immediatecontainer of the pesticide product; and
(2) any outside container or wrapper of the retail package of thepesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-24
"Labeling"
Sec. 24. As used in this chapter, "labeling" means all labels andother written, printed, or graphic matter:
(1) upon the pesticide product or any of its containers orwrappers;
(2) accompanying the pesticide product at any time; or
(3) to which reference is made on the label or in literatureaccompanying the pesticide product, except when accurate,nonmisleading reference is made to current official publicationsof:
(A) the United States Department of Agriculture;
(B) the United States Department of Interior;
(C) the United States Department of Health and HumanServices;
(D) the United States Environmental Protection Agency;
(E) state experiment stations;
(F) state agricultural colleges; or
(G) other similar federal institutions or official agencies ofIndiana or other states authorized by law to conduct researchin the field of pesticides.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.62.
IC 15-16-4-25
"Misbrand"
Sec. 25. As used in this chapter, "misbranded" refers to any of thefollowing:
(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 falseor misleading.
(2) Any pesticide product if any of the following apply:
(A) It is an imitation of or is offered for sale under the nameof another pesticide product.
(B) Its labeling bears any reference to registration under thischapter.
(C) The labeling accompanying it does not containinstructions for use that are necessary and, if complied with,adequate for the protection of the public.
(D) The label does not contain a warning or cautionstatement that may be necessary and, if complied with,
adequate to prevent injury to humans and other vertebrateanimals.
(E) The label does not bear an ingredient statement on thatpart of the immediate container and on any outside containeror wrapper through which the ingredient statement on theimmediate container cannot be clearly read of the retailpackage that is presented or displayed under customaryconditions of purchase. However, a pesticide product is notmisbranded under this definition if the size or form of theimmediate container or the outside container or wrapper ofthe retail package makes it impracticable to place theingredient statement on the part that is presented ordisplayed under customary conditions of purchase and theingredient statement appears prominently on another part ofthe immediate container, outside container or wrapping, orlabeling, as permitted by the state chemist.
(F) Any word, statement, or other information requiredunder this chapter or the Federal Insecticide, Fungicide, andRodenticide Act (7 U.S.C. 136 et seq.) to appear on thelabeling is not prominently placed on the labeling withconspicuousness (as compared with other words, statements,designs, or graphic matter in the labeling) and in terms thatmake it likely to be read and understood by the averageindividual under customary conditions of purchase and use.
(G) In the case of an insecticide, nematocide, fungicide, orherbicide, when used as directed or in accordance withcommonly recognized practice, it is injurious to humans orother vertebrate animals, vegetation, except weeds to whichit is applied, or the individual applying the pesticide.
(H) In the case of a plant regulator, defoliant, or desiccantwhen used as directed, it is injurious to humans or othervertebrate animals, vegetation to which it is applied, or theindividual applying the pesticide. However, physical orphysiological effects on plants or parts of plants are notconsidered to be injurious, if that is the purpose for whichthe plant regulator, defoliant, or desiccant was applied, inaccordance with the label claims and recommendations.
(I) The immediate container does not clearly display theUnited States Environmental Protection Agencyestablishment number indicating the specific location wherethe pesticide product was produced.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-26
"Nematocide"
Sec. 26. As used in this chapter, "nematocide" means anysubstance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or (4) mitigating;
nematodes.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-27
"Nematode"
Sec. 27. As used in this chapter, "nematode", commonly knownas a nema or an eelworm, means an invertebrate animal of thephylum nemathelminthes and class Nematoda that is an unsegmentedroundworm:
(1) with an elongated, fusiform, or saclike body covered withcuticle; and
(2) that inhabits soil, water, plants, or plant parts.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-28
"Person"
Sec. 28. As used in this chapter, "person" means any:
(1) individual;
(2) partnership;
(3) association;
(4) fiduciary;
(5) corporation; or
(6) organized group of persons;
whether incorporated or not.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-29
"Pest"
Sec. 29. As used in this chapter, "pest" has the meaning set forthin IC 15-16-5-24.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-30
"Pesticide"
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 asa:
(A) plant regulator;
(B) defoliant; or
(C) desiccant.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-31 "Pesticide for use by prescription only"
Sec. 31. As used in this chapter, "pesticide for use by prescriptiononly" means any pesticide that the board has found to be morehazardous than a restricted use pesticide so that any specific use andapplication must be determined and prescribed by a qualified pestmanagement specialist approved by the state chemist.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-32
"Pesticide formulation"
Sec. 32. As used in this chapter, "pesticide formulation" means apesticide product comprised of all active ingredients and inertingredients.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-33
"Pesticide product"
Sec. 33. As used in this chapter, "pesticide product" means apesticide or device offered for distribution or use, including anylabeling.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-34
"Plant regulator"
Sec. 34. As used in this chapter, "plant regulator" means anysubstance or mixture of substances, intended through physiologicalaction, for:
(1) accelerating or retarding the rate of growth or rate ofmaturation; or
(2) altering the behavior of ornamental or crop plants or theproduce of ornamental or crop plants.
The term does not include substances to the extent they are intendedas plant nutrients, trace elements, nutritional chemicals, plantinoculants, and soil amendments.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-35
"Produce"
Sec. 35. As used in this chapter, "produce" means to:
(1) manufacture;
(2) prepare;
(3) compound;
(4) process; or
(5) change;
the container of a pesticide product or an active ingredient. The termdoes not include the dilution of formulated pesticides by anindividual for the individual's use done according to the directions onthe pesticide label.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-36
"Registrant"
Sec. 36. As used in this chapter, "registrant" means a person whoregisters a pesticide product under this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-37
"Restricted use pesticide"
Sec. 37. As used in this chapter, "restricted use pesticide" means:
(1) any pesticide classified as a restricted use pesticide by theadministrator of the United States Environmental ProtectionAgency; or
(2) a pesticide that the board has determined to be undulyhazardous to persons, animals, plants, wildlife, waters, or landsother than the pests it is intended to prevent, destroy, control, ormitigate.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-38
"Rodenticide"
Sec. 38. As used in this chapter, "rodenticide" means anysubstance 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 bea pest.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-39
"Terrestrial ecologist"
Sec. 39. As used in this chapter, "terrestrial ecologist" means ascientist with a degree in, extensive training in, or experience in atleast one (1) of the following:
(1) Animal ecology.
(2) Plant ecology.
(3) Vertebrate natural history.
(4) Herpetology.
(5) Ornithology.
(6) Mammalogy.
(7) Field zoology.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-40
"Weed"
Sec. 40. As used in this chapter, "weed" means any plant thatgrows where the plant is not wanted.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-41
"Wildlife"
Sec. 41. As used in this chapter, "wildlife" has the meaning setforth in IC 15-16-5-38.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-42
Pesticide review board; establishment; membership; terms
Sec. 42. (a) The Indiana pesticide review board is established. Theboard consists of the following members:
(1) One (1) representative of the state department of health.
(2) One (1) representative of the department of naturalresources.
(3) One (1) representative of the department of environmentalmanagement.
(4) One (1) representative of the Purdue University office ofagricultural research programs.
(5) One (1) representative of the Purdue University cooperativeextension service.
(6) Two (2) ecologists with earned doctorate degrees:
(A) one (1) a terrestrial ecologist; and
(B) one (1) an aquatic ecologist.
Not more than one (1) ecologist may be a plant ecologist.
(7) One (1) public representative.
(8) One (1) representative of the pesticide industry.
(9) Two (2) representatives of producers of agricultural cropsor products on which pesticides are applied or that may beaffected by the application of pesticides:
(A) one (1) of whom represents producers of agronomiccrops; and
(B) one (1) of whom represents producers of nonagronomiccrops.
(10) One (1) public representative from conservationorganizations.
(11) Three (3) qualified scientists, one (1) each in the fields ofentomology, plant pathology, and weed science. One (1)scientist must be the representative of either the PurdueUniversity office of agricultural research programs or thePurdue University cooperative extension service.
(12) Three (3) certified and licensed commercial applicators ofpesticides who must represent three (3) different certificate orlicense categories established under IC 15-16-5-45.
(13) The state chemist, who is an ex officio member and shallserve as a nonvoting member.
(14) The pesticide administrator for the office of the statechemist, who shall serve as a nonvoting member.
(15) The pesticide training coordinator, who shall serve as anonvoting member.
(b) The voting members shall be appointed by the governor forterms of four (4) years and, subject to subsection (d), continue until
the member's successor is approved and qualified. Appointmentsshall be made so that not more than five (5) terms expire annually.
(c) Voting members may be appointed for successive terms at thediscretion of the governor.
(d) The governor may remove a voting member of the board priorto the expiration of the member's term for cause.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.63.
IC 15-16-4-43
Vacancies
Sec. 43. A vacancy on the board created by death, resignation, orremoval for cause of a member shall be filled by the governor notlater than thirty (30) days after the occurrence. The new memberserves for the remainder of the vacated term and must meet thequalifications to be appointed to the board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-44
Chairperson
Sec. 44. The board shall elect a member to serve as chairpersonfor a term of two (2) years. However, if the chairperson'sappointment ends before the expiration of the term, the term is forthe duration of the chairperson's appointment.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-45
Meetings
Sec. 45. (a) The board shall meet at least annually.
(b) The board may meet at other times and at a location specifiedby the chairperson or a majority of the board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-46
Board; quorum
Sec. 46. (a) Nine (9) members of the board constitute a quorum.
(b) Official actions are subject to approval by a simple majorityof board members present at a called meeting.
(c) The chairperson shall actively participate in all decisions ofthe board.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.64.
IC 15-16-4-47
Board; per diem and travel expenses
Sec. 47. The following individuals appointed to the board shallserve without compensation but are entitled to receive per diempayments at rates and under conditions incident to these positions:
(1) State officials.
(2) Staff members of state offices.
(3) Staff members of the Purdue University office ofagricultural research programs. (4) Cooperative extension service staff members.
Other members are entitled to reimbursement for traveling and otherexpenses as provided in the Purdue University travel policies andprocedures, established by the Purdue University department oftransportation and approved by the Purdue University vice presidentof business services.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.65.
IC 15-16-4-48
Board; information concerning pesticides
Sec. 48. The board shall:
(1) collect;
(2) analyze; and
(3) interpret;
information on matters relating to the use of pesticides.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-49
Declaration of injurious pests
Sec. 49. (a) The board may, after notice and public hearing asprovided 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, orsubstances.
(b) When a hearing is held by the board, the board may designateone (1) or more persons as the board's agent or representative toconduct the hearing.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-50
Rules
Sec. 50. (a) The board may adopt rules under IC 4-22-2 to do thefollowing:
(1) Establish a list of restricted use pesticides and pesticides foruse by prescription only for all of Indiana or designated areaswithin Indiana, if the board finds that the characteristics of apesticide require that rules restricting the:
(A) sale;
(B) distribution; or
(C) use;
of the pesticide by any person are necessary to prevent unduehazards to persons, animals, wildlife, lands, or waters, otherthan the pests that they are intended to prevent, destroy, control,or mitigate.
(2) Provide for the:
(A) safe handling;
(B) transportation;
(C) storage; (D) display;
(E) distribution; and
(F) disposal;
of pesticides and pesticide containers.
(3) Restrict or prohibit the use of certain types of containers orpackages for specific pesticides. The restrictions may apply tothe:
(A) type of construction;
(B) strength; or
(C) size;
to alleviate danger of spillage, breakage, or misuse.
(b) The board may adopt by reference the restricted useclassification of a pesticide that is maintained by the United StatesEnvironmental Protection Agency.
(c) The board may do the following:
(1) Include in a rule adopted under subsection (a)(1) the timeand conditions of the:
(A) sale;
(B) distribution; or
(C) use;
of pesticides designated as restricted use pesticides andpesticides for use by prescription only.
(2) Require in a rule under subsection (a)(1) that any or allmaterials be purchased, possessed, or used only under:
(A) permit;
(B) certificate;
(C) license; or
(D) registration;
of the state chemist or under certain conditions or in certainquantities or concentrations.
(d) The state chemist may require all persons issued:
(1) permits;
(2) certificates;
(3) licenses; or
(4) registrations;
under subsection (c) to maintain records as to the use of the restricteduse pesticides and pesticides for use by prescription only.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-51
Administration; state chemist
Sec. 51. The state chemist shall administer this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-52
Rules
Sec. 52. The state chemist may adopt rules under IC 4-22-2 toadminister this chapter, including rules providing for the following:
(1) The collection and examination of samples of pesticideproducts. (2) Determining whether a pesticide product is highly toxic tohumans or wildlife.
(3) The issuance of permits to purchase, possess, or use"restricted use pesticides" and "pesticides for use byprescription only".
(4) Determining standards of coloring or discoloring forpesticide products and to subject pesticide products to therequirements of section 57 of this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-53
Delegation of duties
Sec. 53. The state chemist may delegate to an employee or agentany function that is vested in the state chemist by this chapter.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.66.
IC 15-16-4-54
Agreements with other agencies
Sec. 54. The state chemist may cooperate with and enter intoagreements 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.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-55
Access to pesticide products
Sec. 55. The state chemist or the state chemist's agent may do thefollowing:
(1) Enter any public or private premises, including any vehicleof transport during regular business hours:
(A) to:
(i) have access to; and
(ii) obtain samples of;
pesticide products; and
(B) to:
(i) examine; and
(ii) copy;
records relating to the production, use, transportation, andsale of pesticide products, subject to this chapter and therules adopted under this chapter.
(2) Enter at a reasonable time in or upon any:
(A) private; or
(B) public;
property for the purpose of inspection and investigatingconditions possibly resulting from the use or misuse of apesticide product.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.67.
IC 15-16-4-56
Pesticide products that are considered to be the same
Sec. 56. For more than one (1) pesticide product to be consideredthe same pesticide product, each pesticide product must exhibit thesame:
(1) product name;
(2) registrant name;
(3) United States Environmental Protection Agency registrationnumber; and
(4) labeling.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-57
Prohibited acts; production, distribution, display, and sale
Sec. 57. Except as provided in section 58 of this chapter, a personmay not produce, distribute, display, sell, or offer for sale withinIndiana or deliver for transportation or transport in intrastatecommerce or between points within Indiana through any pointoutside Indiana any of the following:
(1) Any pesticide product that has not been registered undersection 61 of this chapter.
(2) Any pesticide product if any of the claims made for it or anyof the directions for its use differ in substance from therepresentations made in connection with its registration.
(3) A pesticide product if the composition of the product differsfrom the composition as represented in connection with itsregistration. However, at the discretion of the state chemist, achange in the labeling or formula of a pesticide may be madewithin a registration period without requiring reregistration ofthe product.
(4) Any pesticide (except a bulk pesticide or a pesticide in acontainer designed and constructed to accommodate the returnand refill of the container) unless it is in the registrant's or themanufacturer's unbroken immediate container, and there isaffixed to that container, and to any outside container orwrapper of the retail package through which the requiredinformation on the immediate container cannot be clearly read,a label bearing:
(A) the name and address of the manufacturer, registrant, orperson for whom manufactured;
(B) the name, brand, or trademark under which the pesticideproduct is sold; and
(C) the net weight or measure of the content, subject,however, to reasonable variations as the state chemist maypermit.
(5) Any pesticide product that is adulterated or misbranded.
(6) Any pesticide in containers violating rules adopted undersection 50(a)(3) of this chapter. Pesticides found in containersthat are unsafe due to damage may be seized and impounded.
(7) A highly volatile herbicide except on written permission by
the state chemist.
(8) Any bulk pesticide unless it is accompanied in all transfersof custody or ownership by or held in storage vessels to whichis affixed a label bearing the information specified insubdivision (4).
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.68.
IC 15-16-4-58
Exemptions; transporting; public officials
Sec. 58. Section 57 of this chapter does not apply to:
(1) any carrier while lawfully engaged in transporting apesticide product in Indiana if the carrier, upon request, permitsthe state chemist or the state chemist's designated agent to copyall records showing the transactions in and movement of thepesticide products; or
(2) public officials of Indiana and the federal governmentengaged in the performance of their official duties.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-59
Prohibited acts; use
Sec. 59. A person may not:
(1) detach, alter, deface, or destroy, in whole or in part, anylabel or labeling provided for in this chapter or rules adoptedunder this chapter;
(2) add any substance to, or take any substance from, a pesticidein a manner that may defeat the purpose of this chapter;
(3) use for the person's own advantage or reveal, other than to:
(A) the state chemist;
(B) proper officials;
(C) employees of the state;
(D) the courts of this state in response to a subpoena;
(E) physicians; or
(F) pharmacists and other qualified persons for use inemergencies in the preparation of antidotes;
any information relative to formulas of products acquired byauthority of section 61 or 64 of this chapter;
(4) use or cause to be used any pesticide contrary to section 50of this chapter; or
(5) use a highly volatile herbicide except on written permissionby the state chemist.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-60
Exemptions; used for research
Sec. 60. Section 59(4) of this chapter does not apply to pesticidesused 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 researchers as approved bythe board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-61
Pesticide registration
Sec. 61. (a) Each pesticide product that is:
(1) produced, distributed, sold, displayed, or offered for salewithin Indiana; or
(2) delivered for transportation or transported:
(A) in intrastate commerce; or
(B) between points within Indiana through any point outsideIndiana;
must be registered in the office of the state chemist.
(b) The application for registration must be made on a formprovided by the state chemist that includes the followinginformation:
(1) The name and address of the:
(A) applicant; and
(B) person whose name will appear on the label, if a personother than the applicant.
(2) The complete brand name of the pesticide.
(3) A complete copy of the labeling accompanying thepesticide.
(4) A statement of all claims to be made for it, includingdirections for use.
(5) If requested by the state chemist, a full description of thetests made and the results of the tests upon which the claims arebased. In the case of renewal of registration, a statement shallbe required only with respect to information that is differentfrom that furnished when the pesticide was registered or lastreregistered.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-62
Fees; disposition
Sec. 62. (a) Each registrant shall pay an annual, nonrefundable feeof one hundred seventy dollars ($170) for each application for eachpesticide product registered.
(b) Each registration expires January 1 of each year.
(c) All fees collected by the state chemist under this chapter shallbe paid to the treasurer of Purdue University, who shall deposit thefees in a special restricted account designated by the treasurer of theboard of trustees of Purdue University.
(d) From the account described in subsection (c), the treasurershall pay all expenses incurred in administering this chapter,including expenses for the following:
(1) The employment of:
(A) inspectors;
(B) investigators; (C) researchers;
(D) analysts;
(E) administrators; and
(F) clerical and service staff.
(2) Expenses in procuring samples and printing results ofinspections.
(3) Purchasing:
(A) supplies;
(B) equipment; and
(C) services.
(4) Necessary remodeling.
(5) Other expenses of the office of the state chemist.
(6) The transfer of ten dollars ($10) from each fee paid undersubsection (a) on an annual basis to the office of Purduepesticide programs to provide education about the safe andeffective use of pesticides.
The treasurer is not required to use any other funds, except thosecollected as registration fees, to pay any expenses incurred in theadministration of this chapter. The dean of agriculture shall make anannual financial report to the governor showing total receipts andexpenditures of all fees received under this chapter.
(e) A registrant who registers or pays an annual fee afterDecember 31 of any year shall pay a late fee of one hundred seventydollars ($170) as well as the annual fee.
(f) Excess funds from the collection of fees under this chapter aresubject to IC 15-16-2-36.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-63
Registration fees apply to commercial fertilizers that containpesticides
Sec. 63. The registration fee provisions of section 62 of thischapter apply to commercial fertilizers containing pesticides.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-64
Submission of pesticide formula; registration; notification;penalties
Sec. 64. (a) The state chemist shall require the submission of thecomplete formula of any pesticide product, including the:
(1) confidential statement of formula;
(2) analytical methods for the analysis of the pesticideformulation and the analysis of residues of the pesticide productin environmental media; and
(3) analytical standards of the pesticide product.
In the case of a federally registered product, this requirement may bewaived.
(b) The state chemist shall register a pesticide product if:
(1) the state chemist determines that the composition of thepesticide product warrants the proposed claims for the pesticide
product;
(2) the pesticide product, its labeling, and other materialrequired to be submitted comply with the requirements ofsection 61 of this chapter; and
(3) the state chemist determines that the person submitting theapplication for registration has complied with the requirementsof this chapter.
(c) The state chemist shall notify the applicant that the pesticideproduct, labeling, or other material required to be submitted fails tocomply with the law if the state chemist determines:
(1) that the proposed claims for the pesticide product; or
(2) the pesticide product, its labeling, and other materialrequired to be submitted;
does not comply with this chapter.
(d) If the state chemist notifies an applicant under subsection (c),the state chemist shall give the applicant an opportunity to make thenecessary corrections. If upon receipt of notice, the applicant doesnot make the corrections, the state chemist may refuse to register thepesticide product.
(e) The state chemist, in accordance with the procedures specifiedin this section, may deny, suspend, or cancel the registration of apesticide whenever the state chemist determines that:
(1) the pesticide product;
(2) the pesticide product's labeling; or
(3) the person submitting the application for registration of thepesticide product;
does not comply with this chapter.
(f) If:
(1) an application for registration is refused; or
(2) the state chemist proposes to deny, suspend, or cancel aregistration;
notice of the action and information concerning the person's right toobtain a review under section 64.5 of this chapter must be given tothe applicant or registrant.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.69.
IC 15-16-4-64.5
Appeals
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 petitionwith the board not later than thirty (30) days after the state chemist'sdecision.
(b) The board shall provide a copy of a petition filed undersubsection (a) to the state chemist not later than seven (7) days afterreceiving the petition.
(c) Not more than fifteen (15) days after receiving a petition undersubsection (b), the state chemist shall certify and file with the boarda transcript of any record related to the petition, including a
transcript of any evidence received.
(d) Whenever a hearing is held under this section, the board maydesignate one (1) or more persons as the board's agent orrepresentative to conduct the hearing. The agent or representativeshall conduct the hearing in the manner provided by IC 4-21.5-3.
(e) After hearing the appeal, the board shall affirm, set aside, ormodify the action of the state chemist. However, the state chemist'sfinding of facts that are supported by the substantial evidence isconsidered conclusive.
(f) A person aggrieved by any action of the board may obtainjudicial review under IC 4-21.5-5.
As added by P.L.120-2008, SEC.70.
IC 15-16-4-65
Confidential information
Sec. 65. The state chemist may, by rule, declare that informationrequired under this chapter is confidential.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-66
Distribution of unregistered, adulterated, and misbrandedproducts prohibited
Sec. 66. A person may not distribute:
(1) an unregistered pesticide product;
(2) an adulterated pesticide product; or
(3) a misbranded pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-67
Handling and storage
Sec. 67. A person may not handle, transport, store, display, ordistribute 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) distributed;
with pesticide products.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-68
Disposal and storage
Sec. 68. A person may not dispose of, discard, or store anypesticide products or pesticide containers in a manner that may causeinjury to:
(1) humans; (2) plants;
(3) animals;
(4) wildlife;
(5) lands; or
(6) waters;
except the pests that pesticide products are intended to prevent,destroy, control, or mitigate.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-69
Violations; penalties; disposition of penalties
Sec. 69. (a) Subject to this section, if a person violates this chapteror a rule adopted under this chapter, the state chemist underIC 4-21.5-3-6 may warn, cite, or impose a civil penalty on the personor:
(1) deny;
(2) suspend;
(3) revoke; or
(4) amend;
the person's registration under this chapter.
(b) The state chemist may impose civil penalties only inaccordance with the schedule of civil penalties adopted by the board.The board shall establish a schedule of the civil penalties that may