IC 15-16-2-1 State chemist; appointment
Sec. 1. Because the department of biochemistry at Purdue
University is particularly conversant with the purpose and procedures
provided by this chapter, the general assembly desires that the
governor appoint a professor of biochemistry at Purdue University
as 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 commercial
fertilizers among importers, manufacturers, or blenders who
mix commercial fertilizer for sale; or
(2) as preventing the free and unrestricted shipments of
commercial fertilizers to manufacturers or blenders who have
registered 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 the
ammonium salt of nitric acid, which must contain not less than
thirty-three percent (33%) nitrogen, fifty percent (50%) of which is
in the ammonium form and fifty percent (50%) of which is in the
nitrate 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 or
system 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 physical
mixing or combining:
(1) of one (1) or more commercial fertilizers and one (1) or
more filler materials;
(2) of two (2) or more commercial fertilizers; or
(3) of two (2) or more commercial fertilizers and filler
materials;
including mixing through the simultaneous or sequential application
of 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 Indiana
fertilizer 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, or
trademark used in connection with at least one (1) grade of
commercial 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 a
commercial 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" means
mixed fertilizer or fertilizer materials. The term does not include
nonprocessed 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 a
commercial fertilizer blended:
(1) according to specifications provided to a blender in a soil
test nutrient recommendation; or
(2) to meet specific requests of a consumer (who is the end
user) 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 person
who:
(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 any
substance containing nitrogen, phosphate, potash, or any recognized
plant 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 minimum
percentages 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 any
combination 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 any
sample of commercial fertilizer taken by the state chemist or the state
chemist'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 issued
under section 34 of this chapter to report the tonnage of commercial
fertilizer 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" means
the 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 who
registers 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" includes
exchange. 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 a
commercial 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 of
bulk 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 two
thousand (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 or
usage 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 the
pleasure of the governor.
(c) The state chemist shall administer this chapter.
(d) The state chemist may designate an agent to discharge duties
imposed 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 this
chapter.
(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 Agricultural
Chemicals Association, who serves as a nonvoting member.
(9) One (1) representative of the department of environmental
management, who serves as a nonvoting member.
(10) The fertilizer administrator for the office of the state
chemist, 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 of
agriculture, who shall serve as a nonvoting member.
(c) The state chemist shall appoint the voting members of the
board, who serve for terms of four (4) years.
(d) Voting members of the board may be appointed for successive
terms 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 the
board for cause before the expiration of the member's term.
(b) Vacancies created by the death, resignation, or removal for
cause of a member of the board must be filled in the manner
prescribed for appointment to that board position. Vacancies must be
filled not later than thirty (30) days after the death, resignation, or
removal 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 members
chairperson to serve for a term of two (2) years, unless the
chairperson's appointment expires before the expiration of the term,
in which case the term is for the duration of the chairperson's
appointment. 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 the
pleasure 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 the
chairperson or by a majority of the board, but shall meet at least once
a year.
(b) Five (5) voting members of the board constitutes a quorum.
Official actions require a majority of the voting members. The
chairperson 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 state
employee is entitled to receive both:
(1) the minimum salary per diem; and
(2) reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties;
as provided in the Purdue University travel policies and procedures
established by the Purdue University department of transportation
and approved by the Purdue University vice president of business
services.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and
approved 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 grade
of the commercial fertilizer must submit:
(1) an application for registration to the state chemist on a form
furnished by the state chemist; and
(2) the appropriate filing fee set forth in subsection (b).
(b) The filing fee for commercial fertilizers sold in packages
weighing more than twelve (12) pounds is twenty dollars ($20) for
each grade of each brand. The filing fee for commercial fertilizers
sold in packages weighing not more than twelve (12) pounds is fifty
dollars ($50) for each grade of each brand.
(c) Upon approval of the application, the state chemist shall
furnish 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 the
appropriate filing fee is assessed when:
(1) an application to renew the registration of a commercial
fertilizer under this section is received after July 31; or
(2) a product that must be registered under this section is found
to be in distribution before registration.
(f) An application under subsection (a) must include the following
information:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage
of 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 fertilizers
under subsection (f)(3) must be given in whole numbers only.
However, the state chemist may allow fractional numbers to be used
under subsection (f)(3) for specialty fertilizers or if plant food
elements 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 organic
phosphate materials, only the total phosphate must be guaranteed.
(i) Additional plant food elements or other additives that are
determinable by chemical methods may be guaranteed only by
permission of the state chemist. The state chemist shall grant
permission only if the state chemist determines, with the advice of
the dean of agriculture of Purdue University or the dean's designee,
that the guarantee would not constitute a misrepresentation and is
correct. 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 the
methods that the state chemist prescribes.
(j) A distributor is not required to register a brand of commercial
fertilizer that is registered under this chapter by another person if the
label used by the distributor does not differ in any respect from that
used by the registrant.
(k) A distributor who acts as a blender is not required under
subsection (a) to register a custom blend that the distributor produces
if the commercial fertilizers blended together to produce the custom
blend are registered under subsection (a). However, a distributor who
acts as a blender shall provide the state chemist with the following
information 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 the
minimum percentage of plant food claimed in the following
order 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 commercial
fertilizer is offered for sale, sold, or distributed in Indiana must have
a written or printed statement of the net weight and the information
required by section 31 of this chapter directly on or affixed to the
package.
(b) If the commercial fertilizer is distributed in bulk, the written
or 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 who
distributes 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 under
this chapter shall pay to the state chemist an inspection fee computed
under subsection (b).
(b) The inspection fee charged under subsection (a) is forty-five
cents ($0.45) per ton for each ton of commercial fertilizer distributed.
If a fertilizer tonnage report is required under this chapter, the
minimum 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 a
permit to report the tonnage of commercial fertilizer sold and pay the
inspection fee of forty-five cents ($0.45) per ton on the basis of the
report. In making the application, the registrant must agree to the
following:
(1) To keep records that the state chemist requires to indicate
accurately the tonnage and kinds of commercial fertilizers sold
in Indiana.
(2) To grant the state chemist permission to examine those
records and verify the statement of tonnage.
(3) To report under oath to the state chemist on forms furnished
by the state chemist the tonnage of commercial fertilizer sold
during the period covered.
(b) The state chemist:
(1) may grant the permit if the state chemist determines that the
application of the permit to report tonnage of commercial
fertilizer described in subsection (a) will lead to efficient
enforcement of this chapter; and
(2) may revoke the permit at any time if it appears to the state
chemist that the registrant is not complying with:
(A) the terms of the agreement entered into at the time of the
issuance of the permit; or
(B) this chapter.
(c) The report of tonnage is due and the inspection fees are
payable semiannually on the last day of the month following the end
of the semiannual period.
(d) If:
(1) the report of tonnage is not filed and the inspection fee paid
by the fifteenth day following the due date;
(2) the report of tonnage is false; or
(3) the permit holder has not complied with labeling
requirements of this chapter;
the state chemist may revoke the permit.
(e) If the inspection fee is unpaid after the fifteen (15) day grace
period described in subsection (d), a penalty shall be assessed in the
amount 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 Purdue
University all inspection fees collected under this chapter.
(b) Inspection fees collected under this chapter must be used to
pay 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 this
chapter.
(5) Any other expenses incurred by Purdue University
agricultural 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 an
annual classified report to the governor showing the total receipts
and 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 funds
accumulated 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 shall
be administered by the board of trustees of Purdue University.
(b) On approval of the governor and the budget agency, the board
of trustees may spend the excess funds for the construction,
operation, rehabilitation, and repair of buildings, structures, or other
facilities used for:
(1) carrying out the purposes of those chapters referred to in
subsection (a) under which the fees are collected; or
(2) the agricultural programs authorized by law and in support
of 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 a
form that the state chemist considers proper, information concerning
the following:
(1) The sales of commercial fertilizers, including any data on
sales that the state chemist considers advisable.
(2) The results of the analyses conducted under section 38 of
this chapter based on official samples of commercial fertilizers
sold within the state compared with the analysis guaranteed
under sections 31 and 32 of this chapter.
(b) The information published by the state chemist concerning the
sale 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 commercial
fertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time and
place and to such an extent as necessary to determine whether
the bulk fertilizers and their storage are in compliance with this
chapter.
(b) The state chemist may enter upon any public or private
premises 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 and
analysis for commercial fertilizers from sources that may include
AOAC International. In cases of dispute, AOAC International's
methods prevail if AOAC International's methods are available.
(d) The state chemist shall determine for administrative purposes
whether a commercial fertilizer is deficient in plant foods using only
the 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 by
the state chemist under section 38 of this chapter results in a
determination that the registrant of a commercial fertilizer is subject
to a penalty or other legal action under this chapter, the state chemist
shall forward a report of the results of the analysis to the registrant
at least thirty (30) days before the report is submitted to the
purchaser of the commercial fertilizer. If the analysis was requested
by a person other than the state chemist, the results of the analysis
shall be forwarded to the registrant and purchaser immediately. If,
during the thirty (30) day period, the state chemist does not receive
adequate evidence contesting the results in the report, the report
becomes an official report at the expiration of the thirty (30) day
period. Upon the registrant's request, the state chemist shall furnish
to the registrant part of the commercial fertilizer sample analyzed by
the state chemist to determine that the registrant is subject to a
penalty 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 under
section 38 of this chapter shows that a commercial fertilizer fails in
any respect to meet the guaranteed analysis filed by a registrant
under section 31 of this chapter, the state chemist may require the
payment 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 state
chemist's analysis.
(b) The registrant must forward receipts for payment of refunds
required under subsection (a) promptly to the state chemist. If the
purchaser cannot be found, the registrant shall pay the refund to a
local charitable or educational organization of the registrant's choice
and forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition of
any penalty assessed by the state chemist under this chapter to a
court 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; unlawful
distribution
Sec. 42. (a) A commercial fertilizer is misbranded if:
(1) the commercial fertilizer carries any false or misleading
statement upon or attached to the container; or
(2) false or misleading statements concerning the commercial
fertilizer's nutrient value are made:
(A) on the container; or
(B) in any advertising media accompanying or associated
with 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 adulterated
if:
(1) the commercial fertilizer contains any deleterious or harmful
substance in a sufficient amount to render the commercial
fertilizer injurious to beneficial plant life, animals, humans,
aquatic life, soil, or water when applied in accordance with
directions for use on the label; or
(2) the label does not include adequate warning statements or
directions 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 in
accordance with this chapter;
if the state chemist receives satisfactory evidence that the registrant
has used fraudulent or deceptive practices in the evasion or attempted
evasion of this chapter or any rule adopted under this chapter.
(b) The state chemist may not revoke or refuse a registration
under subsection (a) until the registrant receives notice and has the
opportunity 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 4-22-2
concerning the following:
(1) The distribution and use of fertilizer material.
(2) The distribution and storage of bulk fertilizers, including
standards for the storage of bulk fertilizers to protect the waters
of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning
the following:
(1) Subject to subsection (d), the establishment of certification
and educational programs, as determined by the state chemist,
relating to the application of fertilizer material, the
transportation of fertilizer material, or both for the following:
(A) Persons who apply fertilizer material for hire, transport
fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizer
material, or both from the following:
(i) Confined feeding operations (as defined in
IC 13-11-2-40).
(ii) Operations outside Indiana that would be confined
feeding operations (as defined in IC 13-11-2-40) if they
were located in Indiana.
(2) The establishment of fees for the certification and education
programs established under subdivision (1).
(c) Any fees collected for a certification and educational programs
under subsection (b)(1) shall be collected by the state chemist and
deposited and administered under section 44.5 of this chapter.
(d) The state chemist may waive all or part of the certification
requirements established under subsection (b)(1) on a reciprocal
basis 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 of
Purdue University all certification and educational program fees
collected under section 44 of this chapter.
(b) Certification and educational program fees collected under
section 44 of this chapter must be used to pay all necessary expenses
incurred in carrying out and administering the certification and
educational programs.
(c) The dean of agriculture of Purdue University shall make an
annual classified report to the governor showing the total receipts
and 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 bulk
fertilizers
Sec. 45. The state chemist may allow the use of technologies or
methods other than those specified in the administrative rules
adopted by the state chemist under section 44 of this chapter if the
technologies or methods provide substantially similar protection to
the waters of the state from the release of bulk fertilizer as provided
by 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 commercial
fertilizer is being offered for sale in violation of this chapter, the
state 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 fertilizer
at a designated place until:
(A) the owner or custodian complies with this chapter;
(B) the state chemist releases the commercial fertilizer in
writing; or
(C) the violation is legally disposed of by written authority.
(b) The state chemist shall release commercial fertilizer
withdrawn under subsection (a) when:
(1) the owner or custodian complies with this chapter; and
(2) all costs and expenses incurred in connection with the
withdrawal 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 this
chapter is subject to seizure based on a complaint of the state chemist
filed in a court with jurisdiction in the area in which the commercial
fertilizer is located.
(b) Subject to subsection (a), if the court finds the commercial
fertilizer is in violation of this chapter and orders the condemnation
of the commercial fertilizer, the commercial fertilizer must be
disposed of in any manner consistent with the quality of the
commercial fertilizer and the laws of the state.
(c) A court may not order the disposition of the commercial
fertilizer without first giving the claimant an opportunity to apply to
the court for:
(1) release of the commercial fertilizer; or
(2) permission to process or relabel the commercial fertilizer to
bring 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 or
permanent injunction restraining any person from violating or
continuing to violate this chapter or any rule adopted under this
chapter. The injunction shall be issued without bond. The remedies
under this subsection are supplemental to other remedies allowed
under 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 adopted
under this chapter, the state chemist may:
(1) warn, issue a citation to, or impose a civil penalty on the
person; or
(2) deny, suspend, revoke, or amend the person's registration
under this chapter.
(b) The state chemist shall adopt by rule, under IC 4-22-2, a
schedule of civil penalties that may be imposed under subsection (a).
The state chemist may impose a civil penalty only according to a
schedule of civil penalties recommended by the board.
(c) A person who knowingly or intentionally violates this chapter
commits 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 to
regulate by ordinance the storage or use of fertilizer material.
(b) A political subdivision may, by resolution, petition the state
chemist for a hearing to allow a waiver to adopt an ordinance
because of special circumstances relating to the storage or use of
fertilizer material. If a petition is received, the state chemist shall
hold a public hearing to consider allowing the waiver requested. The
public hearing must be conducted in an informal manner. IC 4-21.5
does 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.
IC 15-16-2-1 State chemist; appointment
Sec. 1. Because the department of biochemistry at Purdue
University is particularly conversant with the purpose and procedures
provided by this chapter, the general assembly desires that the
governor appoint a professor of biochemistry at Purdue University
as 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 commercial
fertilizers among importers, manufacturers, or blenders who
mix commercial fertilizer for sale; or
(2) as preventing the free and unrestricted shipments of
commercial fertilizers to manufacturers or blenders who have
registered 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 the
ammonium salt of nitric acid, which must contain not less than
thirty-three percent (33%) nitrogen, fifty percent (50%) of which is
in the ammonium form and fifty percent (50%) of which is in the
nitrate 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 or
system 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 physical
mixing or combining:
(1) of one (1) or more commercial fertilizers and one (1) or
more filler materials;
(2) of two (2) or more commercial fertilizers; or
(3) of two (2) or more commercial fertilizers and filler
materials;
including mixing through the simultaneous or sequential application
of 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 Indiana
fertilizer 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, or
trademark used in connection with at least one (1) grade of
commercial 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 a
commercial 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" means
mixed fertilizer or fertilizer materials. The term does not include
nonprocessed 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 a
commercial fertilizer blended:
(1) according to specifications provided to a blender in a soil
test nutrient recommendation; or
(2) to meet specific requests of a consumer (who is the end
user) 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 person
who:
(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 any
substance containing nitrogen, phosphate, potash, or any recognized
plant 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 minimum
percentages 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 any
combination 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 any
sample of commercial fertilizer taken by the state chemist or the state
chemist'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 issued
under section 34 of this chapter to report the tonnage of commercial
fertilizer 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" means
the 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 who
registers 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" includes
exchange. 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 a
commercial 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 of
bulk 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 two
thousand (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 or
usage 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 the
pleasure of the governor.
(c) The state chemist shall administer this chapter.
(d) The state chemist may designate an agent to discharge duties
imposed 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 this
chapter.
(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 Agricultural
Chemicals Association, who serves as a nonvoting member.
(9) One (1) representative of the department of environmental
management, who serves as a nonvoting member.
(10) The fertilizer administrator for the office of the state
chemist, 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 of
agriculture, who shall serve as a nonvoting member.
(c) The state chemist shall appoint the voting members of the
board, who serve for terms of four (4) years.
(d) Voting members of the board may be appointed for successive
terms 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 the
board for cause before the expiration of the member's term.
(b) Vacancies created by the death, resignation, or removal for
cause of a member of the board must be filled in the manner
prescribed for appointment to that board position. Vacancies must be
filled not later than thirty (30) days after the death, resignation, or
removal 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 members
chairperson to serve for a term of two (2) years, unless the
chairperson's appointment expires before the expiration of the term,
in which case the term is for the duration of the chairperson's
appointment. 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 the
pleasure 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 the
chairperson or by a majority of the board, but shall meet at least once
a year.
(b) Five (5) voting members of the board constitutes a quorum.
Official actions require a majority of the voting members. The
chairperson 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 state
employee is entitled to receive both:
(1) the minimum salary per diem; and
(2) reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties;
as provided in the Purdue University travel policies and procedures
established by the Purdue University department of transportation
and approved by the Purdue University vice president of business
services.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and
approved 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 grade
of the commercial fertilizer must submit:
(1) an application for registration to the state chemist on a form
furnished by the state chemist; and
(2) the appropriate filing fee set forth in subsection (b).
(b) The filing fee for commercial fertilizers sold in packages
weighing more than twelve (12) pounds is twenty dollars ($20) for
each grade of each brand. The filing fee for commercial fertilizers
sold in packages weighing not more than twelve (12) pounds is fifty
dollars ($50) for each grade of each brand.
(c) Upon approval of the application, the state chemist shall
furnish 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 the
appropriate filing fee is assessed when:
(1) an application to renew the registration of a commercial
fertilizer under this section is received after July 31; or
(2) a product that must be registered under this section is found
to be in distribution before registration.
(f) An application under subsection (a) must include the following
information:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage
of 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 fertilizers
under subsection (f)(3) must be given in whole numbers only.
However, the state chemist may allow fractional numbers to be used
under subsection (f)(3) for specialty fertilizers or if plant food
elements 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 organic
phosphate materials, only the total phosphate must be guaranteed.
(i) Additional plant food elements or other additives that are
determinable by chemical methods may be guaranteed only by
permission of the state chemist. The state chemist shall grant
permission only if the state chemist determines, with the advice of
the dean of agriculture of Purdue University or the dean's designee,
that the guarantee would not constitute a misrepresentation and is
correct. 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 the
methods that the state chemist prescribes.
(j) A distributor is not required to register a brand of commercial
fertilizer that is registered under this chapter by another person if the
label used by the distributor does not differ in any respect from that
used by the registrant.
(k) A distributor who acts as a blender is not required under
subsection (a) to register a custom blend that the distributor produces
if the commercial fertilizers blended together to produce the custom
blend are registered under subsection (a). However, a distributor who
acts as a blender shall provide the state chemist with the following
information 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 the
minimum percentage of plant food claimed in the following
order 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 commercial
fertilizer is offered for sale, sold, or distributed in Indiana must have
a written or printed statement of the net weight and the information
required by section 31 of this chapter directly on or affixed to the
package.
(b) If the commercial fertilizer is distributed in bulk, the written
or 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 who
distributes 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 under
this chapter shall pay to the state chemist an inspection fee computed
under subsection (b).
(b) The inspection fee charged under subsection (a) is forty-five
cents ($0.45) per ton for each ton of commercial fertilizer distributed.
If a fertilizer tonnage report is required under this chapter, the
minimum 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 a
permit to report the tonnage of commercial fertilizer sold and pay the
inspection fee of forty-five cents ($0.45) per ton on the basis of the
report. In making the application, the registrant must agree to the
following:
(1) To keep records that the state chemist requires to indicate
accurately the tonnage and kinds of commercial fertilizers sold
in Indiana.
(2) To grant the state chemist permission to examine those
records and verify the statement of tonnage.
(3) To report under oath to the state chemist on forms furnished
by the state chemist the tonnage of commercial fertilizer sold
during the period covered.
(b) The state chemist:
(1) may grant the permit if the state chemist determines that the
application of the permit to report tonnage of commercial
fertilizer described in subsection (a) will lead to efficient
enforcement of this chapter; and
(2) may revoke the permit at any time if it appears to the state
chemist that the registrant is not complying with:
(A) the terms of the agreement entered into at the time of the
issuance of the permit; or
(B) this chapter.
(c) The report of tonnage is due and the inspection fees are
payable semiannually on the last day of the month following the end
of the semiannual period.
(d) If:
(1) the report of tonnage is not filed and the inspection fee paid
by the fifteenth day following the due date;
(2) the report of tonnage is false; or
(3) the permit holder has not complied with labeling
requirements of this chapter;
the state chemist may revoke the permit.
(e) If the inspection fee is unpaid after the fifteen (15) day grace
period described in subsection (d), a penalty shall be assessed in the
amount 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 Purdue
University all inspection fees collected under this chapter.
(b) Inspection fees collected under this chapter must be used to
pay 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 this
chapter.
(5) Any other expenses incurred by Purdue University
agricultural 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 an
annual classified report to the governor showing the total receipts
and 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 funds
accumulated 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 shall
be administered by the board of trustees of Purdue University.
(b) On approval of the governor and the budget agency, the board
of trustees may spend the excess funds for the construction,
operation, rehabilitation, and repair of buildings, structures, or other
facilities used for:
(1) carrying out the purposes of those chapters referred to in
subsection (a) under which the fees are collected; or
(2) the agricultural programs authorized by law and in support
of 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 a
form that the state chemist considers proper, information concerning
the following:
(1) The sales of commercial fertilizers, including any data on
sales that the state chemist considers advisable.
(2) The results of the analyses conducted under section 38 of
this chapter based on official samples of commercial fertilizers
sold within the state compared with the analysis guaranteed
under sections 31 and 32 of this chapter.
(b) The information published by the state chemist concerning the
sale 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 commercial
fertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time and
place and to such an extent as necessary to determine whether
the bulk fertilizers and their storage are in compliance with this
chapter.
(b) The state chemist may enter upon any public or private
premises 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 and
analysis for commercial fertilizers from sources that may include
AOAC International. In cases of dispute, AOAC International's
methods prevail if AOAC International's methods are available.
(d) The state chemist shall determine for administrative purposes
whether a commercial fertilizer is deficient in plant foods using only
the 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 by
the state chemist under section 38 of this chapter results in a
determination that the registrant of a commercial fertilizer is subject
to a penalty or other legal action under this chapter, the state chemist
shall forward a report of the results of the analysis to the registrant
at least thirty (30) days before the report is submitted to the
purchaser of the commercial fertilizer. If the analysis was requested
by a person other than the state chemist, the results of the analysis
shall be forwarded to the registrant and purchaser immediately. If,
during the thirty (30) day period, the state chemist does not receive
adequate evidence contesting the results in the report, the report
becomes an official report at the expiration of the thirty (30) day
period. Upon the registrant's request, the state chemist shall furnish
to the registrant part of the commercial fertilizer sample analyzed by
the state chemist to determine that the registrant is subject to a
penalty 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 under
section 38 of this chapter shows that a commercial fertilizer fails in
any respect to meet the guaranteed analysis filed by a registrant
under section 31 of this chapter, the state chemist may require the
payment 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 state
chemist's analysis.
(b) The registrant must forward receipts for payment of refunds
required under subsection (a) promptly to the state chemist. If the
purchaser cannot be found, the registrant shall pay the refund to a
local charitable or educational organization of the registrant's choice
and forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition of
any penalty assessed by the state chemist under this chapter to a
court 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; unlawful
distribution
Sec. 42. (a) A commercial fertilizer is misbranded if:
(1) the commercial fertilizer carries any false or misleading
statement upon or attached to the container; or
(2) false or misleading statements concerning the commercial
fertilizer's nutrient value are made:
(A) on the container; or
(B) in any advertising media accompanying or associated
with 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 adulterated
if:
(1) the commercial fertilizer contains any deleterious or harmful
substance in a sufficient amount to render the commercial
fertilizer injurious to beneficial plant life, animals, humans,
aquatic life, soil, or water when applied in accordance with
directions for use on the label; or
(2) the label does not include adequate warning statements or
directions 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 in
accordance with this chapter;
if the state chemist receives satisfactory evidence that the registrant
has used fraudulent or deceptive practices in the evasion or attempted
evasion of this chapter or any rule adopted under this chapter.
(b) The state chemist may not revoke or refuse a registration
under subsection (a) until the registrant receives notice and has the
opportunity 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 4-22-2
concerning the following:
(1) The distribution and use of fertilizer material.
(2) The distribution and storage of bulk fertilizers, including
standards for the storage of bulk fertilizers to protect the waters
of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning
the following:
(1) Subject to subsection (d), the establishment of certification
and educational programs, as determined by the state chemist,
relating to the application of fertilizer material, the
transportation of fertilizer material, or both for the following:
(A) Persons who apply fertilizer material for hire, transport
fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizer
material, or both from the following:
(i) Confined feeding operations (as defined in
IC 13-11-2-40).
(ii) Operations outside Indiana that would be confined
feeding operations (as defined in IC 13-11-2-40) if they
were located in Indiana.
(2) The establishment of fees for the certification and education
programs established under subdivision (1).
(c) Any fees collected for a certification and educational programs
under subsection (b)(1) shall be collected by the state chemist and
deposited and administered under section 44.5 of this chapter.
(d) The state chemist may waive all or part of the certification
requirements established under subsection (b)(1) on a reciprocal
basis 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 of
Purdue University all certification and educational program fees
collected under section 44 of this chapter.
(b) Certification and educational program fees collected under
section 44 of this chapter must be used to pay all necessary expenses
incurred in carrying out and administering the certification and
educational programs.
(c) The dean of agriculture of Purdue University shall make an
annual classified report to the governor showing the total receipts
and 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 bulk
fertilizers
Sec. 45. The state chemist may allow the use of technologies or
methods other than those specified in the administrative rules
adopted by the state chemist under section 44 of this chapter if the
technologies or methods provide substantially similar protection to
the waters of the state from the release of bulk fertilizer as provided
by 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 commercial
fertilizer is being offered for sale in violation of this chapter, the
state 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 fertilizer
at a designated place until:
(A) the owner or custodian complies with this chapter;
(B) the state chemist releases the commercial fertilizer in
writing; or
(C) the violation is legally disposed of by written authority.
(b) The state chemist shall release commercial fertilizer
withdrawn under subsection (a) when:
(1) the owner or custodian complies with this chapter; and
(2) all costs and expenses incurred in connection with the
withdrawal 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 this
chapter is subject to seizure based on a complaint of the state chemist
filed in a court with jurisdiction in the area in which the commercial
fertilizer is located.
(b) Subject to subsection (a), if the court finds the commercial
fertilizer is in violation of this chapter and orders the condemnation
of the commercial fertilizer, the commercial fertilizer must be
disposed of in any manner consistent with the quality of the
commercial fertilizer and the laws of the state.
(c) A court may not order the disposition of the commercial
fertilizer without first giving the claimant an opportunity to apply to
the court for:
(1) release of the commercial fertilizer; or
(2) permission to process or relabel the commercial fertilizer to
bring 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 or
permanent injunction restraining any person from violating or
continuing to violate this chapter or any rule adopted under this
chapter. The injunction shall be issued without bond. The remedies
under this subsection are supplemental to other remedies allowed
under 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 adopted
under this chapter, the state chemist may:
(1) warn, issue a citation to, or impose a civil penalty on the
person; or
(2) deny, suspend, revoke, or amend the person's registration
under this chapter.
(b) The state chemist shall adopt by rule, under IC 4-22-2, a
schedule of civil penalties that may be imposed under subsection (a).
The state chemist may impose a civil penalty only according to a
schedule of civil penalties recommended by the board.
(c) A person who knowingly or intentionally violates this chapter
commits 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 to
regulate by ordinance the storage or use of fertilizer material.
(b) A political subdivision may, by resolution, petition the state
chemist for a hearing to allow a waiver to adopt an ordinance
because of special circumstances relating to the storage or use of
fertilizer material. If a petition is received, the state chemist shall
hold a public hearing to consider allowing the waiver requested. The
public hearing must be conducted in an informal manner. IC 4-21.5
does 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.
IC 15-16-2-1 State chemist; appointment
Sec. 1. Because the department of biochemistry at Purdue
University is particularly conversant with the purpose and procedures
provided by this chapter, the general assembly desires that the
governor appoint a professor of biochemistry at Purdue University
as 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 commercial
fertilizers among importers, manufacturers, or blenders who
mix commercial fertilizer for sale; or
(2) as preventing the free and unrestricted shipments of
commercial fertilizers to manufacturers or blenders who have
registered 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 the
ammonium salt of nitric acid, which must contain not less than
thirty-three percent (33%) nitrogen, fifty percent (50%) of which is
in the ammonium form and fifty percent (50%) of which is in the
nitrate 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 or
system 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 physical
mixing or combining:
(1) of one (1) or more commercial fertilizers and one (1) or
more filler materials;
(2) of two (2) or more commercial fertilizers; or
(3) of two (2) or more commercial fertilizers and filler
materials;
including mixing through the simultaneous or sequential application
of 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 Indiana
fertilizer 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, or
trademark used in connection with at least one (1) grade of
commercial 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 a
commercial 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" means
mixed fertilizer or fertilizer materials. The term does not include
nonprocessed 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 a
commercial fertilizer blended:
(1) according to specifications provided to a blender in a soil
test nutrient recommendation; or
(2) to meet specific requests of a consumer (who is the end
user) 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 person
who:
(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 any
substance containing nitrogen, phosphate, potash, or any recognized
plant 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 minimum
percentages 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 any
combination 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 any
sample of commercial fertilizer taken by the state chemist or the state
chemist'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 issued
under section 34 of this chapter to report the tonnage of commercial
fertilizer 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" means
the 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 who
registers 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" includes
exchange. 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 a
commercial 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 of
bulk 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 two
thousand (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 or
usage 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 the
pleasure of the governor.
(c) The state chemist shall administer this chapter.
(d) The state chemist may designate an agent to discharge duties
imposed 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 this
chapter.
(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 Agricultural
Chemicals Association, who serves as a nonvoting member.
(9) One (1) representative of the department of environmental
management, who serves as a nonvoting member.
(10) The fertilizer administrator for the office of the state
chemist, 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 of
agriculture, who shall serve as a nonvoting member.
(c) The state chemist shall appoint the voting members of the
board, who serve for terms of four (4) years.
(d) Voting members of the board may be appointed for successive
terms 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 the
board for cause before the expiration of the member's term.
(b) Vacancies created by the death, resignation, or removal for
cause of a member of the board must be filled in the manner
prescribed for appointment to that board position. Vacancies must be
filled not later than thirty (30) days after the death, resignation, or
removal 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 members
chairperson to serve for a term of two (2) years, unless the
chairperson's appointment expires before the expiration of the term,
in which case the term is for the duration of the chairperson's
appointment. 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 the
pleasure 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 the
chairperson or by a majority of the board, but shall meet at least once
a year.
(b) Five (5) voting members of the board constitutes a quorum.
Official actions require a majority of the voting members. The
chairperson 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 state
employee is entitled to receive both:
(1) the minimum salary per diem; and
(2) reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties;
as provided in the Purdue University travel policies and procedures
established by the Purdue University department of transportation
and approved by the Purdue University vice president of business
services.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and
approved 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 grade
of the commercial fertilizer must submit:
(1) an application for registration to the state chemist on a form
furnished by the state chemist; and
(2) the appropriate filing fee set forth in subsection (b).
(b) The filing fee for commercial fertilizers sold in packages
weighing more than twelve (12) pounds is twenty dollars ($20) for
each grade of each brand. The filing fee for commercial fertilizers
sold in packages weighing not more than twelve (12) pounds is fifty
dollars ($50) for each grade of each brand.
(c) Upon approval of the application, the state chemist shall
furnish 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 the
appropriate filing fee is assessed when:
(1) an application to renew the registration of a commercial
fertilizer under this section is received after July 31; or
(2) a product that must be registered under this section is found
to be in distribution before registration.
(f) An application under subsection (a) must include the following
information:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage
of 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 fertilizers
under subsection (f)(3) must be given in whole numbers only.
However, the state chemist may allow fractional numbers to be used
under subsection (f)(3) for specialty fertilizers or if plant food
elements 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 organic
phosphate materials, only the total phosphate must be guaranteed.
(i) Additional plant food elements or other additives that are
determinable by chemical methods may be guaranteed only by
permission of the state chemist. The state chemist shall grant
permission only if the state chemist determines, with the advice of
the dean of agriculture of Purdue University or the dean's designee,
that the guarantee would not constitute a misrepresentation and is
correct. 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 the
methods that the state chemist prescribes.
(j) A distributor is not required to register a brand of commercial
fertilizer that is registered under this chapter by another person if the
label used by the distributor does not differ in any respect from that
used by the registrant.
(k) A distributor who acts as a blender is not required under
subsection (a) to register a custom blend that the distributor produces
if the commercial fertilizers blended together to produce the custom
blend are registered under subsection (a). However, a distributor who
acts as a blender shall provide the state chemist with the following
information 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 the
minimum percentage of plant food claimed in the following
order 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 commercial
fertilizer is offered for sale, sold, or distributed in Indiana must have
a written or printed statement of the net weight and the information
required by section 31 of this chapter directly on or affixed to the
package.
(b) If the commercial fertilizer is distributed in bulk, the written
or 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 who
distributes 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 under
this chapter shall pay to the state chemist an inspection fee computed
under subsection (b).
(b) The inspection fee charged under subsection (a) is forty-five
cents ($0.45) per ton for each ton of commercial fertilizer distributed.
If a fertilizer tonnage report is required under this chapter, the
minimum 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 a
permit to report the tonnage of commercial fertilizer sold and pay the
inspection fee of forty-five cents ($0.45) per ton on the basis of the
report. In making the application, the registrant must agree to the
following:
(1) To keep records that the state chemist requires to indicate
accurately the tonnage and kinds of commercial fertilizers sold
in Indiana.
(2) To grant the state chemist permission to examine those
records and verify the statement of tonnage.
(3) To report under oath to the state chemist on forms furnished
by the state chemist the tonnage of commercial fertilizer sold
during the period covered.
(b) The state chemist:
(1) may grant the permit if the state chemist determines that the
application of the permit to report tonnage of commercial
fertilizer described in subsection (a) will lead to efficient
enforcement of this chapter; and
(2) may revoke the permit at any time if it appears to the state
chemist that the registrant is not complying with:
(A) the terms of the agreement entered into at the time of the
issuance of the permit; or
(B) this chapter.
(c) The report of tonnage is due and the inspection fees are
payable semiannually on the last day of the month following the end
of the semiannual period.
(d) If:
(1) the report of tonnage is not filed and the inspection fee paid
by the fifteenth day following the due date;
(2) the report of tonnage is false; or
(3) the permit holder has not complied with labeling
requirements of this chapter;
the state chemist may revoke the permit.
(e) If the inspection fee is unpaid after the fifteen (15) day grace
period described in subsection (d), a penalty shall be assessed in the
amount 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 Purdue
University all inspection fees collected under this chapter.
(b) Inspection fees collected under this chapter must be used to
pay 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 this
chapter.
(5) Any other expenses incurred by Purdue University
agricultural 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 an
annual classified report to the governor showing the total receipts
and 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 funds
accumulated 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 shall
be administered by the board of trustees of Purdue University.
(b) On approval of the governor and the budget agency, the board
of trustees may spend the excess funds for the construction,
operation, rehabilitation, and repair of buildings, structures, or other
facilities used for:
(1) carrying out the purposes of those chapters referred to in
subsection (a) under which the fees are collected; or
(2) the agricultural programs authorized by law and in support
of 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 a
form that the state chemist considers proper, information concerning
the following:
(1) The sales of commercial fertilizers, including any data on
sales that the state chemist considers advisable.
(2) The results of the analyses conducted under section 38 of
this chapter based on official samples of commercial fertilizers
sold within the state compared with the analysis guaranteed
under sections 31 and 32 of this chapter.
(b) The information published by the state chemist concerning the
sale 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 commercial
fertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time and
place and to such an extent as necessary to determine whether
the bulk fertilizers and their storage are in compliance with this
chapter.
(b) The state chemist may enter upon any public or private
premises 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 and
analysis for commercial fertilizers from sources that may include
AOAC International. In cases of dispute, AOAC International's
methods prevail if AOAC International's methods are available.
(d) The state chemist shall determine for administrative purposes
whether a commercial fertilizer is deficient in plant foods using only
the 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 by
the state chemist under section 38 of this chapter results in a
determination that the registrant of a commercial fertilizer is subject
to a penalty or other legal action under this chapter, the state chemist
shall forward a report of the results of the analysis to the registrant
at least thirty (30) days before the report is submitted to the
purchaser of the commercial fertilizer. If the analysis was requested
by a person other than the state chemist, the results of the analysis
shall be forwarded to the registrant and purchaser immediately. If,
during the thirty (30) day period, the state chemist does not receive
adequate evidence contesting the results in the report, the report
becomes an official report at the expiration of the thirty (30) day
period. Upon the registrant's request, the state chemist shall furnish
to the registrant part of the commercial fertilizer sample analyzed by
the state chemist to determine that the registrant is subject to a
penalty 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 under
section 38 of this chapter shows that a commercial fertilizer fails in
any respect to meet the guaranteed analysis filed by a registrant
under section 31 of this chapter, the state chemist may require the
payment 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 state
chemist's analysis.
(b) The registrant must forward receipts for payment of refunds
required under subsection (a) promptly to the state chemist. If the
purchaser cannot be found, the registrant shall pay the refund to a
local charitable or educational organization of the registrant's choice
and forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition of
any penalty assessed by the state chemist under this chapter to a
court 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; unlawful
distribution
Sec. 42. (a) A commercial fertilizer is misbranded if:
(1) the commercial fertilizer carries any false or misleading
statement upon or attached to the container; or
(2) false or misleading statements concerning the commercial
fertilizer's nutrient value are made:
(A) on the container; or
(B) in any advertising media accompanying or associated
with 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 adulterated
if:
(1) the commercial fertilizer contains any deleterious or harmful
substance in a sufficient amount to render the commercial
fertilizer injurious to beneficial plant life, animals, humans,
aquatic life, soil, or water when applied in accordance with
directions for use on the label; or
(2) the label does not include adequate warning statements or
directions 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 in
accordance with this chapter;
if the state chemist receives satisfactory evidence that the registrant
has used fraudulent or deceptive practices in the evasion or attempted
evasion of this chapter or any rule adopted under this chapter.
(b) The state chemist may not revoke or refuse a registration
under subsection (a) until the registrant receives notice and has the
opportunity 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 4-22-2
concerning the following:
(1) The distribution and use of fertilizer material.
(2) The distribution and storage of bulk fertilizers, including
standards for the storage of bulk fertilizers to protect the waters
of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning
the following:
(1) Subject to subsection (d), the establishment of certification
and educational programs, as determined by the state chemist,
relating to the application of fertilizer material, the
transportation of fertilizer material, or both for the following:
(A) Persons who apply fertilizer material for hire, transport
fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizer
material, or both from the following:
(i) Confined feeding operations (as defined in
IC 13-11-2-40).
(ii) Operations outside Indiana that would be confined
feeding operations (as defined in IC 13-11-2-40) if they
were located in Indiana.
(2) The establishment of fees for the certification and education
programs established under subdivision (1).
(c) Any fees collected for a certification and educational programs
under subsection (b)(1) shall be collected by the state chemist and
deposited and administered under section 44.5 of this chapter.
(d) The state chemist may waive all or part of the certification
requirements established under subsection (b)(1) on a reciprocal
basis 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 of
Purdue University all certification and educational program fees
collected under section 44 of this chapter.
(b) Certification and educational program fees collected under
section 44 of this chapter must be used to pay all necessary expenses
incurred in carrying out and administering the certification and
educational programs.
(c) The dean of agriculture of Purdue University shall make an
annual classified report to the governor showing the total receipts
and 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 bulk
fertilizers
Sec. 45. The state chemist may allow the use of technologies or
methods other than those specified in the administrative rules
adopted by the state chemist under section 44 of this chapter if the
technologies or methods provide substantially similar protection to
the waters of the state from the release of bulk fertilizer as provided
by 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 commercial
fertilizer is being offered for sale in violation of this chapter, the
state 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 fertilizer
at a designated place until:
(A) the owner or custodian complies with this chapter;
(B) the state chemist releases the commercial fertilizer in
writing; or
(C) the violation is legally disposed of by written authority.
(b) The state chemist shall release commercial fertilizer
withdrawn under subsection (a) when:
(1) the owner or custodian complies with this chapter; and
(2) all costs and expenses incurred in connection with the
withdrawal 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 this
chapter is subject to seizure based on a complaint of the state chemist
filed in a court with jurisdiction in the area in which the commercial
fertilizer is located.
(b) Subject to subsection (a), if the court finds the commercial
fertilizer is in violation of this chapter and orders the condemnation
of the commercial fertilizer, the commercial fertilizer must be
disposed of in any manner consistent with the quality of the
commercial fertilizer and the laws of the state.
(c) A court may not order the disposition of the commercial
fertilizer without first giving the claimant an opportunity to apply to
the court for:
(1) release of the commercial fertilizer; or
(2) permission to process or relabel the commercial fertilizer to
bring 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 or
permanent injunction restraining any person from violating or
continuing to violate this chapter or any rule adopted under this
chapter. The injunction shall be issued without bond. The remedies
under this subsection are supplemental to other remedies allowed
under 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 adopted
under this chapter, the state chemist may:
(1) warn, issue a citation to, or impose a civil penalty on the
person; or
(2) deny, suspend, revoke, or amend the person's registration
under this chapter.
(b) The state chemist shall adopt by rule, under IC 4-22-2, a
schedule of civil penalties that may be imposed under subsection (a).
The state chemist may impose a civil penalty only according to a
schedule of civil penalties recommended by the board.
(c) A person who knowingly or intentionally violates this chapter
commits 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 to
regulate by ordinance the storage or use of fertilizer material.
(b) A political subdivision may, by resolution, petition the state
chemist for a hearing to allow a waiver to adopt an ordinance
because of special circumstances relating to the storage or use of
fertilizer material. If a petition is received, the state chemist shall
hold a public hearing to consider allowing the waiver requested. The
public hearing must be conducted in an informal manner. IC 4-21.5
does 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.
