2015 Indiana Code TITLE 15. AGRICULTURE AND ANIMALS ARTICLE 16. HORTICULTURE CONTROL CHAPTER 4. PESTICIDES
Download as PDF
IC 15-16-4
Chapter 4. Pesticides
IC 15-16-4-1
Application of chapter; exported pesticides
Sec. 1. A pesticide product is not in violation of this chapter when
the product is:
(1) intended solely for export to a foreign country; and
(2) prepared or packed according to the specifications or
directions of the purchaser.
However, this chapter applies if the pesticide product is not exported.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-2
"Active ingredient"
Sec. 2. As used in this chapter, "active ingredient" means:
(1) in the case of a pesticide other than a plant regulator,
defoliant, or desiccant, an ingredient that will:
(A) prevent;
(B) destroy;
(C) repel; or
(D) mitigate;
insects, nematodes, fungi, rodents, weeds, or other pests;
(2) in the case of a plant regulator, an ingredient that, through
physiological action, will accelerate or retard the rate of growth
or rate of maturation or alter the behavior of:
(A) ornamental or crop plants; or
(B) the produce of ornamental or crop plants;
(3) in the case of a defoliant, an ingredient that will cause the
leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient that will artificially
accelerate the drying of plant tissue; and
(5) in the case of a nitrogen stabilizer, an ingredient that will
prevent or hinder the process of nitrification, denitrification,
ammonia volatilization, or urease production through an action
affecting soil bacteria.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.60.
IC 15-16-4-3
"Adulterated"
Sec. 3. As used in this chapter, "adulterated" refers to a pesticide
or pesticide product if:
(1) the strength or purity of the pesticide falls below the
professed standard or quality as expressed on its labeling under
which it is sold;
(2) any substance has been substituted wholly or in part for the
pesticide product; or
(3) any valuable constituent of the pesticide product has been
Indiana Code 2015
wholly or in part removed.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-4
"Antidote"
Sec. 4. As used in this chapter, "antidote" means the most practical
immediate treatment in case of poisoning, including first aid
treatment.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-5
"Aquatic ecologist"
Sec. 5. As used in this chapter, "aquatic ecologist" means a
scientist with a degree in, extensive training in, or experience in at
least one (1) of the following:
(1) Aquatic ecology.
(2) Limnology.
(3) Invertebrate zoology.
(4) Invertebrate ecology.
(5) Ichthyology.
(6) Aquatic botany.
(7) Algology.
(8) Primary production ecology.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-6
"Board"
Sec. 6. As used in this chapter, "board" means the Indiana
pesticide review board established by section 42 of this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-7
"Bulk pesticide"
Sec. 7. As used in this chapter, "bulk pesticide" means any
pesticide or mixture of pesticides that is transported or held in a
reusable immediate container in undivided quantities greater than:
(1) one hundred (100) pounds net dry weight; or
(2) fifty-five (55) U.S. gallons liquid measure.
The term does not include a pesticide that is in the custody of the
ultimate user and has been prepared for application by the ultimate
user by diluting the pesticide according to the label directions for that
pesticide.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-8
"Defoliant"
Sec. 8. As used in this chapter, "defoliant" means any:
(1) substance; or
(2) mixture of substances;
Indiana Code 2015
intended to cause leaves or foliage to drop from a plant with or
without causing abscission.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-9
"Desiccant"
Sec. 9. As used in this chapter, "desiccant" means any:
(1) substance; or
(2) mixture of substances;
intended for artificially accelerating the drying of plant tissues.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-10
"Device"
Sec. 10. As used in this chapter, "device" means any instrument or
contrivance intended for trapping, destroying, repelling, or mitigating
insects or rodents or destroying, repelling, or mitigating any pest. The
term does not include:
(1) equipment used for the application of pesticides when sold
separately from the pesticides;
(2) firearms; or
(3) simple mechanical devices, including barriers, traps, or
adhesives, or other simple contrivances that are not subject to
this chapter as determined by the pesticide review board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-11
"Distribute"
Sec. 11. As used in this chapter, "distribute" means to:
(1) offer for sale;
(2) sell;
(3) exchange;
(4) barter; or
(5) supply or offer to supply;
a pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-12
"Final printed labeling"
Sec. 12. As used in this chapter, "final printed labeling" means the
printed label or other labeling that will appear on or accompany a
pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-13
"Front panel"
Sec. 13. As used in this chapter, "front panel" means the part of a
label that is visible to a purchaser under normal conditions of sales
displays.
Indiana Code 2015
As added by P.L.2-2008, SEC.7.
IC 15-16-4-14
"Fungi"
Sec. 14. As used in this chapter, "fungi" means all
nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing
plants of a lower order than mosses and liverworts), including:
(1) rusts;
(2) smuts;
(3) mildews;
(4) molds;
(5) yeasts;
(6) bacteria; and
(7) viruses;
except those on or in a living human or other animal.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-15
"Fungicide"
Sec. 15. As used in this chapter, "fungicide" means any substance
or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any fungi.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-16
"Herbicide"
Sec. 16. As used in this chapter, "herbicide" means any substance
or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any weed.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-17
"Highly volatile herbicide"
Sec. 17. As used in this chapter, "highly volatile herbicide" means
a herbicide that the board has determined to be capable of emitting
vapors that may cause serious injury to desired plants by reason of
movement of the vapors from the area of application of the herbicide
to areas inhabited by the desired plants.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-18
Indiana Code 2015
"Immediate container"
Sec. 18. As used in this chapter, "immediate container" means the
part of a container that is in direct contact with a pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-19
"Inert ingredient"
Sec. 19. As used in this chapter, "inert ingredient" means an
ingredient that is not an active ingredient.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-20
"Ingredient statement"
Sec. 20. As used in this chapter, "ingredient statement" means any
of the following:
(1) A statement of the name and percentage of each active
ingredient, together with the total percentage of the inert
ingredients, in the pesticide.
(2) A statement of the name of each active ingredient in
decreasing order of abundance and the total percentage of active
ingredients, together with the name of each and total percentage
of the inert ingredients, if any, in the pesticide.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.61.
IC 15-16-4-21
"Insect"
Sec. 21. As used in this chapter, "insect" means any small
invertebrate animal:
(1) generally having the body more or less obviously
segmented;
(2) for the most part belonging to the class Insecta; and
(3) comprising:
(A) six (6) legged usually winged forms, including beetles,
bugs, bees, flies; or
(B) other allied classes of arthropods whose members are
wingless and usually have more than six (6) legs, including
spiders, mites, ticks, centipedes, and wood lice.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-22
"Insecticide"
Sec. 22. As used in this chapter, "insecticide" means any substance
or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any insects.
As added by P.L.2-2008, SEC.7.
Indiana Code 2015
IC 15-16-4-23
"Label"
Sec. 23. As used in this chapter, "label" means:
(1) the:
(A) written;
(B) printed; or
(C) graphic;
matter on, or attached to, a pesticide product or the immediate
container of the pesticide product; and
(2) any outside container or wrapper of the retail package of the
pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-24
"Labeling"
Sec. 24. As used in this chapter, "labeling" means all labels and
other written, printed, or graphic matter:
(1) upon the pesticide product or any of its containers or
wrappers;
(2) accompanying the pesticide product at any time; or
(3) to which reference is made on the label or in literature
accompanying the pesticide product, except when accurate,
nonmisleading reference is made to current official publications
of:
(A) the United States Department of Agriculture;
(B) the United States Department of Interior;
(C) the United States Department of Health and Human
Services;
(D) the United States Environmental Protection Agency;
(E) state experiment stations;
(F) state agricultural colleges; or
(G) other similar federal institutions or official agencies of
Indiana or other states authorized by law to conduct research
in the field of pesticides.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.62.
IC 15-16-4-25
"Misbranded"
Sec. 25. As used in this chapter, "misbranded" refers to any of the
following:
(1) Any pesticide product if its labeling bears any:
(A) statement;
(B) design; or
(C) graphic representation;
relative to the pesticide product or to its ingredients that is false
or misleading.
(2) Any pesticide product if any of the following apply:
(A) It is an imitation of or is offered for sale under the name
of another pesticide product.
Indiana Code 2015
(B) Its labeling bears any reference to registration under this
chapter.
(C) The labeling accompanying it does not contain
instructions for use that are necessary and, if complied with,
adequate for the protection of the public.
(D) The label does not contain a warning or caution
statement that may be necessary and, if complied with,
adequate to prevent injury to humans and other vertebrate
animals.
(E) The label does not bear an ingredient statement on that
part of the immediate container and on any outside container
or wrapper through which the ingredient statement on the
immediate container cannot be clearly read of the retail
package that is presented or displayed under customary
conditions of purchase. However, a pesticide product is not
misbranded under this definition if the size or form of the
immediate container or the outside container or wrapper of
the retail package makes it impracticable to place the
ingredient statement on the part that is presented or displayed
under customary conditions of purchase and the ingredient
statement appears prominently on another part of the
immediate container, outside container or wrapping, or
labeling, as permitted by the state chemist.
(F) Any word, statement, or other information required under
this chapter or the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.) to appear on the
labeling is not prominently placed on the labeling with
conspicuousness (as compared with other words, statements,
designs, or graphic matter in the labeling) and in terms that
make it likely to be read and understood by the average
individual under customary conditions of purchase and use.
(G) In the case of an insecticide, nematocide, fungicide, or
herbicide, when used as directed or in accordance with
commonly recognized practice, it is injurious to humans or
other vertebrate animals, vegetation, except weeds to which
it is applied, or the individual applying the pesticide.
(H) In the case of a plant regulator, defoliant, or desiccant
when used as directed, it is injurious to humans or other
vertebrate animals, vegetation to which it is applied, or the
individual applying the pesticide. However, physical or
physiological effects on plants or parts of plants are not
considered to be injurious, if that is the purpose for which the
plant regulator, defoliant, or desiccant was applied, in
accordance with the label claims and recommendations.
(I) The immediate container does not clearly display the
United States Environmental Protection Agency
establishment number indicating the specific location where
the pesticide product was produced.
As added by P.L.2-2008, SEC.7.
Indiana Code 2015
IC 15-16-4-26
"Nematocide"
Sec. 26. As used in this chapter, "nematocide" means any
substance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
nematodes.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-27
"Nematode"
Sec. 27. As used in this chapter, "nematode", commonly known as
a nema or an eelworm, means an invertebrate animal of the phylum
nemathelminthes and class Nematoda that is an unsegmented
roundworm:
(1) with an elongated, fusiform, or saclike body covered with
cuticle; and
(2) that inhabits soil, water, plants, or plant parts.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-28
"Person"
Sec. 28. As used in this chapter, "person" means any:
(1) individual;
(2) partnership;
(3) association;
(4) fiduciary;
(5) corporation; or
(6) organized group of persons;
whether incorporated or not.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-29
"Pest"
Sec. 29. As used in this chapter, "pest" has the meaning set forth
in IC 15-16-5-24.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-30
"Pesticide"
Sec. 30. As used in this chapter, "pesticide" means:
(1) any substance or mixture of substances intended for:
(A) preventing;
(B) destroying;
(C) repelling; or
(D) mitigating;
a pest; and
Indiana Code 2015
(2) any substance or mixture of substances intended for use as
a:
(A) plant regulator;
(B) defoliant; or
(C) desiccant.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-31
"Pesticide for use by prescription only"
Sec. 31. As used in this chapter, "pesticide for use by prescription
only" means any pesticide that the board has found to be more
hazardous than a restricted use pesticide so that any specific use and
application must be determined and prescribed by a qualified pest
management specialist approved by the state chemist.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-32
"Pesticide formulation"
Sec. 32. As used in this chapter, "pesticide formulation" means a
pesticide product comprised of all active ingredients and inert
ingredients.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-33
"Pesticide product"
Sec. 33. As used in this chapter, "pesticide product" means a
pesticide or device offered for distribution or use, including any
labeling.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-34
"Plant regulator"
Sec. 34. As used in this chapter, "plant regulator" means any
substance or mixture of substances, intended through physiological
action, for:
(1) accelerating or retarding the rate of growth or rate of
maturation; or
(2) altering the behavior of ornamental or crop plants or the
produce of ornamental or crop plants.
The term does not include substances to the extent they are intended
as plant nutrients, trace elements, nutritional chemicals, plant
inoculants, and soil amendments.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-35
"Produce"
Sec. 35. As used in this chapter, "produce" means:
(1) to:
(A) manufacture;
Indiana Code 2015
(B) prepare;
(C) compound;
(D) process;
(E) formulate; or
(F) change;
a pesticide product or an active ingredient that is used in
producing a pesticide product; or
(2) to:
(A) package;
(B) repackage;
(C) label;
(D) relabel; or
(E) otherwise change;
the container of a pesticide product.
The term does not include the dilution of formulated pesticides by an
individual for the individual's use done according to the directions on
the pesticide label.
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.5.
IC 15-16-4-36
"Registrant"
Sec. 36. As used in this chapter, "registrant" means a person who
registers a pesticide product under this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-37
"Restricted use pesticide"
Sec. 37. As used in this chapter, "restricted use pesticide" means:
(1) any pesticide classified as a restricted use pesticide by the
administrator of the United States Environmental Protection
Agency; or
(2) a pesticide that the board has determined to be unduly
hazardous to persons, animals, plants, wildlife, waters, or lands
other than the pests it is intended to prevent, destroy, control, or
mitigate.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-38
"Rodenticide"
Sec. 38. As used in this chapter, "rodenticide" means any
substance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
rodents or any other vertebrate animal that the board declares to be
a pest.
As added by P.L.2-2008, SEC.7.
Indiana Code 2015
IC 15-16-4-39
"Terrestrial ecologist"
Sec. 39. As used in this chapter, "terrestrial ecologist" means a
scientist with a degree in, extensive training in, or experience in at
least one (1) of the following:
(1) Animal ecology.
(2) Plant ecology.
(3) Vertebrate natural history.
(4) Herpetology.
(5) Ornithology.
(6) Mammalogy.
(7) Field zoology.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-40
"Weed"
Sec. 40. As used in this chapter, "weed" means any plant that
grows where the plant is not wanted.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-41
"Wildlife"
Sec. 41. As used in this chapter, "wildlife" has the meaning set
forth in IC 15-16-5-38.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-42
Pesticide review board; establishment; membership; terms
Sec. 42. (a) The Indiana pesticide review board is established. The
board consists of the following members:
(1) One (1) representative of the state department of health.
(2) One (1) representative of the department of natural
resources.
(3) One (1) representative of the department of environmental
management.
(4) One (1) representative of the Purdue University office of
agricultural research programs.
(5) One (1) representative of the Purdue University cooperative
extension service.
(6) Two (2) ecologists:
(A) one (1) a terrestrial ecologist; and
(B) one (1) an aquatic ecologist.
Not more than one (1) ecologist may be a plant ecologist.
(7) One (1) public representative.
(8) One (1) representative of the pesticide producing or
manufacturing industry.
(9) Two (2) representatives of producers of agricultural crops or
products on which pesticides are applied or that may be affected
by the application of pesticides:
Indiana Code 2015
(A) one (1) of whom represents producers of agronomic
crops; and
(B) one (1) of whom represents producers of specialty crops.
(10) One (1) public representative from a conservation
organization.
(11) Three (3) qualified scientists, one (1) each in the fields of
entomology, plant pathology, and weed science. One (1)
scientist must be the representative of either the Purdue
University office of agricultural research programs or the
Purdue University cooperative extension service.
(12) Three (3) certified and licensed commercial applicators of
pesticides who must represent three (3) different certificate or
license categories established under IC 15-16-5-45.
(13) The state chemist, who is an ex officio member and shall
serve as a nonvoting member.
(14) The pesticide administrator for the office of the state
chemist, who shall serve as a nonvoting member.
(15) The pesticide training coordinator, who shall serve as a
nonvoting member.
(b) The voting members shall be appointed by the governor for
terms of four (4) years and, subject to subsection (d), continue until
the member's successor is approved and qualified. Appointments
shall be made so that not more than five (5) terms expire annually.
(c) Voting members may be appointed for successive terms at the
discretion of the governor.
(d) The governor may remove a voting member of the board prior
to the expiration of the member's term for cause.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.63;
P.L.99-2012, SEC.6.
IC 15-16-4-43
Vacancies
Sec. 43. A vacancy on the board created by death, resignation, or
removal for cause of a member shall be filled by the governor not
later than thirty (30) days after the occurrence. The new member
serves for the remainder of the vacated term and must meet the
qualifications to be appointed to the board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-44
Chairperson
Sec. 44. The board shall elect a member to serve as chairperson for
a term of two (2) years. However, if the chairperson's appointment
ends before the expiration of the term, the term is for the duration of
the chairperson's appointment.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-45
Meetings
Indiana Code 2015
Sec. 45. (a) The board shall meet at least annually.
(b) The board may meet at other times and at a location specified
by the chairperson or a majority of the board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-46
Board; quorum
Sec. 46. (a) Nine (9) members of the board constitute a quorum.
(b) Official actions are subject to approval by a simple majority of
board members present at a called meeting.
(c) The chairperson shall actively participate in all decisions of the
board.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.64.
IC 15-16-4-47
Board; per diem and travel expenses
Sec. 47. The following individuals appointed to the board shall
serve without compensation but are entitled to receive per diem
payments at rates and under conditions incident to these positions:
(1) State officials.
(2) Staff members of state offices.
(3) Staff members of the Purdue University office of agricultural
research programs.
(4) Cooperative extension service staff members.
Other members are entitled to reimbursement for traveling and other
expenses 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.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.65.
IC 15-16-4-48
Board; information concerning pesticides
Sec. 48. The board may:
(1) collect;
(2) analyze; and
(3) interpret;
information on matters relating to the registration and use of
pesticides.
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.7.
IC 15-16-4-49
Declaration of injurious pests
Sec. 49. (a) The board may, after notice and public hearing as
provided in IC 4-22-2, declare as a pest any form of:
(1) plant;
(2) animal life; or
(3) virus;
that is injurious to plants, humans, domestic animals, articles, or
Indiana Code 2015
substances.
(b) When a hearing is held by the board, the board may designate
one (1) or more persons as the board's agent or representative to
conduct the hearing.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-50
Rules
Sec. 50. (a) The board may adopt rules under IC 4-22-2 to do the
following:
(1) Establish a list of restricted use pesticides and pesticides for
use by prescription only for all of Indiana or designated areas
within Indiana, if the board finds that the characteristics of a
pesticide require that rules restricting the:
(A) sale;
(B) distribution; or
(C) use;
of the pesticide by any person are necessary to prevent undue
hazards to persons, animals, wildlife, lands, or waters, other
than the pests that they are intended to prevent, destroy, control,
or mitigate.
(2) Provide for the safe:
(A) handling;
(B) transportation;
(C) storage;
(D) display;
(E) distribution;
(F) disposal; and
(G) production;
of pesticide products and pesticide containers.
(3) Restrict or prohibit the use of certain types of containers or
packages for specific pesticides. The restrictions may apply to
the:
(A) type of construction;
(B) strength; or
(C) size;
to alleviate danger of spillage, breakage, or misuse.
(b) The board may adopt by reference the restricted use
classification of a pesticide that is maintained by the United States
Environmental Protection Agency.
(c) The board may adopt rules to do the following:
(1) Determine the time and conditions of the:
(A) sale;
(B) distribution; or
(C) use;
of pesticide products.
(2) Require that any or all pesticide products be purchased,
possessed, or used only under:
(A) permit;
Indiana Code 2015
(B) certificate;
(C) license; or
(D) registration;
of the state chemist or under certain conditions or in certain
quantities or concentrations.
(3) Require all persons issued:
(A) permits;
(B) certificates;
(C) licenses; or
(D) registrations;
under this subsection to maintain records as to the use of the
pesticide products.
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.8.
IC 15-16-4-51
Administration; state chemist
Sec. 51. The state chemist shall administer this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-52
Rules
Sec. 52. The state chemist may adopt rules under IC 4-22-2 to
administer this chapter, including rules providing for the following:
(1) The collection and examination of samples of pesticide
products.
(2) Determining whether a pesticide product is highly toxic to
humans or wildlife.
(3) The issuance of permits to purchase, possess, or use
"restricted use pesticides" and "pesticides for use by prescription
only".
(4) Determining standards of coloring or discoloring for
pesticide products and to subject pesticide products to the
requirements of section 57 of this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-53
Delegation of duties
Sec. 53. The state chemist may delegate to an employee or agent
any function that is vested in the state chemist by this chapter.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.66.
IC 15-16-4-54
Agreements with other agencies
Sec. 54. The state chemist may cooperate with and enter into
agreements with:
(1) any other agency of this state;
(2) any federal agency; and
(3) any other state or agency of another state;
to carry out this chapter and apply uniform rules.
Indiana Code 2015
As added by P.L.2-2008, SEC.7.
IC 15-16-4-55
Access to pesticide products
Sec. 55. The state chemist or the state chemist's agent may do the
following:
(1) Enter any public or private premises, including any vehicle
of transport during regular business hours:
(A) to:
(i) have access to; and
(ii) obtain samples of;
pesticide products; and
(B) to:
(i) examine; and
(ii) copy;
records relating to the production, use, transportation, and
sale of pesticide products, subject to this chapter, the rules
adopted under this chapter, and the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(2) Enter at a reasonable time in or upon any:
(A) private; or
(B) public;
property for the purpose of inspection and investigating
conditions possibly resulting from the use or misuse of a
pesticide product.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.67;
P.L.99-2012, SEC.9.
IC 15-16-4-56
Pesticide products that are considered to be the same
Sec. 56. For more than one (1) pesticide product to be considered
the same pesticide product, each pesticide product must exhibit the
same:
(1) product name;
(2) registrant name;
(3) United States Environmental Protection Agency registration
number; and
(4) labeling.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-57
Prohibited acts; production, distribution, display, and sale
Sec. 57. Except as provided in section 58 of this chapter, a person
may not produce, distribute, display, sell, or offer for sale within
Indiana or deliver for transportation or transport in intrastate
commerce or between points within Indiana through any point
outside Indiana any of the following:
(1) Any pesticide product that has not been registered under
section 61 of this chapter.
Indiana Code 2015
(2) Any pesticide product if any of the claims made for it or any
of the directions for its use differ in substance from the
representations made in connection with its registration.
(3) A pesticide product if the composition of the product differs
from the composition as represented in connection with its
registration. However, at the discretion of the state chemist, a
change in the labeling or formula of a pesticide may be made
within a registration period without requiring reregistration of
the product.
(4) Any pesticide product (except a bulk pesticide or a pesticide
in a container designed and constructed to accommodate the
return and refill of the container) unless it is in the registrant's
or the manufacturer's unbroken immediate container, and there
is affixed to that container, and to any outside container or
wrapper of the retail package through which the required
information on the immediate container cannot be clearly read,
a label bearing:
(A) the name and address of the manufacturer, registrant, or
person for whom manufactured;
(B) the name, brand, or trademark under which the pesticide
product is sold; and
(C) the net weight or measure of the content, subject,
however, to reasonable variations as the state chemist may
permit.
(5) Any pesticide product that is adulterated or misbranded.
(6) Any pesticide product in containers violating rules adopted
under section 50(a)(3) of this chapter. Pesticides found in
containers that are unsafe due to damage may be seized and
impounded.
(7) A highly volatile herbicide except on written permission by
the state chemist.
(8) Any bulk pesticide unless it is accompanied in all transfers
of custody or ownership by or held in storage vessels to which
is affixed a label bearing the information specified in
subdivision (4).
(9) Any pesticide that violates the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or
regulations adopted under the Act.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.68;
P.L.99-2012, SEC.10.
IC 15-16-4-58
Exemptions; transporting; public officials
Sec. 58. Section 57 of this chapter does not apply to:
(1) any carrier while lawfully engaged in transporting a
pesticide product in Indiana if the carrier, upon request, permits
the state chemist or the state chemist's designated agent to copy
all records showing the transactions in and movement of the
pesticide products; or
Indiana Code 2015
(2) public officials of Indiana and the federal government
engaged in the performance of their official duties.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-59
Prohibited acts; use
Sec. 59. A person may not:
(1) detach, alter, deface, or destroy, in whole or in part, any
label or labeling provided for in this chapter or rules adopted
under this chapter;
(2) add any substance to, or take any substance from, a pesticide
in a manner that may defeat the purpose of this chapter;
(3) use for the person's own advantage or reveal, other than to:
(A) the state chemist;
(B) proper officials;
(C) employees of the state;
(D) the courts of this state in response to a subpoena;
(E) physicians; or
(F) pharmacists and other qualified persons for use in
emergencies in the preparation of antidotes;
any information relative to formulas of products acquired by
authority of section 61 or 64 of this chapter;
(4) use or cause to be used any pesticide contrary to section 50
of this chapter;
(5) use a highly volatile herbicide except on written permission
by the state chemist; or
(6) neglect, or after notice, refuse to comply with this chapter,
the rules adopted under this chapter, or a lawful order of the
state chemist or board.
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.11.
IC 15-16-4-60
Exemptions; used for research
Sec. 60. Section 59(4) of this chapter does not apply to pesticides
used in research by:
(1) the United States Department of Agriculture;
(2) the United States Department of Interior;
(3) the Purdue University agricultural research programs; or
(4) other persons who are qualified researchers as approved by
the board.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-61
Pesticide registration
Sec. 61. (a) Each pesticide product that is:
(1) produced, distributed, sold, displayed, or offered for sale
within Indiana; or
(2) delivered for transportation or transported:
(A) in intrastate commerce; or
Indiana Code 2015
(B) between points within Indiana through any point outside
Indiana;
must be registered in the office of the state chemist.
(b) The application for registration must be made on a form
provided by the state chemist that includes the following information:
(1) The name and address of the:
(A) applicant; and
(B) person whose name will appear on the label, if a person
other than the applicant.
(2) The complete brand name of the pesticide.
(3) A complete copy of the labeling accompanying the pesticide.
(4) A statement of all claims to be made for it, including
directions for use.
(5) If requested by the state chemist, a full description of the
tests made and the results of the tests upon which the claims are
based. In the case of renewal of registration, a statement shall be
required only with respect to information that is different from
that furnished when the pesticide was registered or last
reregistered.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-62
Fees; disposition
Sec. 62. (a) Each registrant shall pay an annual, nonrefundable fee
of one hundred seventy dollars ($170) for each application for each
pesticide product submitted for registration.
(b) Each registration expires January 1 of each year.
(c) All fees collected by the state chemist under this chapter shall
be paid to the treasurer of Purdue University, who shall deposit the
fees in a special restricted account designated by the treasurer of the
board of trustees of Purdue University.
(d) From the account described in subsection (c), the treasurer
shall pay all expenses incurred in administering this chapter,
including expenses for the following:
(1) The employment of:
(A) inspectors;
(B) investigators;
(C) researchers;
(D) analysts;
(E) administrators; and
(F) clerical and service staff.
(2) Expenses in procuring samples and printing results of
inspections.
(3) Purchasing:
(A) supplies;
(B) equipment; and
(C) services.
(4) Necessary remodeling.
(5) Other expenses of the office of the state chemist.
Indiana Code 2015
(6) The transfer of ten dollars ($10) from each fee paid under
subsection (a) on an annual basis to the office of Purdue
pesticide programs to provide education about the safe and
effective use of pesticides.
The treasurer is not required to use any other funds, except those
collected as registration fees, to pay any expenses incurred in the
administration of this chapter. The dean of agriculture shall make an
annual financial report to the governor showing total receipts and
expenditures of all fees received under this chapter.
(e) A registrant who registers or pays an annual fee after
December 31 of any year shall pay a late fee of one hundred seventy
dollars ($170) as well as the annual fee.
(f) Excess funds from the collection of fees under this chapter are
subject to IC 15-16-2-36.
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.12.
IC 15-16-4-63
Registration fees apply to commercial fertilizers that contain
pesticides
Sec. 63. The registration fee provisions of section 62 of this
chapter apply to commercial fertilizers containing pesticides.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-64
Submission of pesticide formula; registration; notification;
penalties
Sec. 64. (a) The state chemist shall require the submission of the
complete formula of any pesticide product, including the:
(1) confidential statement of formula;
(2) analytical methods for the analysis of the pesticide
formulation and the analysis of residues of the pesticide product
in environmental media; and
(3) analytical standards of the pesticide product.
In the case of a federally registered product, this requirement may be
waived.
(b) The state chemist shall register a pesticide product if:
(1) the state chemist determines that the composition of the
pesticide product warrants the proposed claims for the pesticide
product;
(2) the pesticide product, its labeling, and other material
required to be submitted comply with the requirements of
section 61 of this chapter; and
(3) the state chemist determines that the person submitting the
application for registration has complied with the requirements
of this chapter.
(c) The state chemist shall notify the applicant that the pesticide
product, labeling, or other material required to be submitted fails to
comply with the law if the state chemist determines:
(1) that the proposed claims for the pesticide product; or
Indiana Code 2015
(2) the pesticide product, its labeling, and other material
required to be submitted;
does not comply with this chapter.
(d) If the state chemist notifies an applicant under subsection (c),
the state chemist shall give the applicant an opportunity to make the
necessary corrections. If upon receipt of notice, the applicant does not
make the corrections, the state chemist may refuse to register the
pesticide product.
(e) The state chemist, in accordance with the procedures specified
in this section, may deny, suspend, or cancel the registration of a
pesticide whenever the state chemist determines that:
(1) the pesticide product;
(2) the pesticide product's labeling; or
(3) the person submitting the application for registration of the
pesticide product;
does not comply with this chapter.
(f) If:
(1) an application for registration is refused; or
(2) the state chemist proposes to deny, suspend, or cancel a
registration;
notice of the action and information concerning the person's right to
obtain a review under section 64.5 of this chapter must be given to
the applicant or registrant.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.69.
IC 15-16-4-64.5
Appeals
Sec. 64.5. (a) A person who is:
(1) regulated under this chapter; and
(2) aggrieved by any decision of the state chemist;
may obtain a review by the board if the person files a written petition
with the board not later than thirty (30) days after the state chemist's
decision.
(b) The board shall provide a copy of a petition filed under
subsection (a) to the state chemist not later than seven (7) days after
receiving the petition.
(c) Not more than fifteen (15) days after receiving a petition under
subsection (b), the state chemist shall certify and file with the board
a transcript of any record related to the petition, including a transcript
of any evidence received.
(d) Whenever a hearing is held under this section, the board may
designate one (1) or more persons as the board's agent or
representative to conduct the hearing. The agent or representative
shall conduct the hearing in the manner provided by IC 4-21.5-3.
(e) After hearing the appeal, the board shall affirm, set aside, or
modify the action of the state chemist. However, the state chemist's
finding of facts that are supported by the substantial evidence is
considered conclusive.
(f) A person aggrieved by any action of the board may obtain
Indiana Code 2015
judicial review under IC 4-21.5-5.
As added by P.L.120-2008, SEC.70.
IC 15-16-4-65
Confidential information
Sec. 65. The state chemist may, by rule, declare that information
required under this chapter is confidential.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-66
Distribution of unregistered, adulterated, and misbranded
products prohibited
Sec. 66. A person may not distribute:
(1) an unregistered pesticide product;
(2) an adulterated pesticide product; or
(3) a misbranded pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-67
Handling and storage
Sec. 67. A person may not produce, handle, transport, store,
display, or distribute pesticide products in a manner as to endanger:
(1) humans;
(2) the environment;
(3) food;
(4) feed; or
(5) any other products that may be:
(A) transported;
(B) stored;
(C) displayed; or
(D) distributed;
with pesticide products.
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.13.
IC 15-16-4-68
Disposal and storage
Sec. 68. A person may not dispose of, discard, or store any
pesticide products or pesticide containers in a manner that may cause
injury to:
(1) humans;
(2) plants;
(3) animals;
(4) wildlife;
(5) lands; or
(6) waters;
except the pests that pesticide products are intended to prevent,
destroy, control, or mitigate.
As added by P.L.2-2008, SEC.7.
Indiana Code 2015
IC 15-16-4-69
Violations; penalties; disposition of penalties
Sec. 69. (a) Subject to this section, if a person violates this chapter
or a rule adopted under this chapter, the state chemist under
IC 4-21.5-3-6 may warn, cite, or impose a civil penalty on the person
or:
(1) deny;
(2) suspend;
(3) revoke; or
(4) amend;
the person's registration under this chapter.
(b) The state chemist may impose civil penalties only in
accordance with the schedule of civil penalties adopted by the board.
The board shall establish a schedule of the civil penalties that may be
imposed under subsection (a) by rule adopted under IC 4-22-2. The
rule adopted under this subsection may not provide for a civil penalty
that exceeds the following:
(1) Two hundred fifty dollars ($250) for a person's first
violation.
(2) Five hundred dollars ($500) for a person's second violation.
(3) One thousand dollars ($1,000) for a person's third violation
and each subsequent violation.
(c) If a violation is of a continuing nature, the state chemist may
impose a civil penalty for each day that the violation occurred.
(d) A proceeding under IC 4-21.5-3 that involves the imposition
of a civil penalty may be consolidated with any other proceeding
commenced under IC 4-21.5 to enforce this chapter or the rules
adopted under this chapter.
(e) Money collected for civil penalties imposed under this section
shall be credited to the office of Purdue pesticide programs. The
money may be used only to provide education about pesticides.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-70
Examination of pesticide products; proceedings; prosecution
Sec. 70. (a) The examination of pesticide products shall be made
under the direction of the state chemist to determine whether the
pesticide products comply with this chapter.
(b) If it appears after an examination that a pesticide product fails
to comply with this chapter and the state chemist contemplates
instituting proceedings against any person, the state chemist shall
give appropriate notice to the person.
(c) A person notified under subsection (b) shall be given an
opportunity to present the person's views, either orally or in writing,
with regard to the contemplated proceedings to the state chemist.
(d) Subject to subsection (e), if the state chemist determines that
a person violated this chapter, the state chemist may refer the facts to
the prosecuting attorney for the county in which the violation
occurred with a copy of the results of the analysis or the examination
Indiana Code 2015
of the pesticide product.
(e) This chapter may not be construed to require the state chemist
to report for prosecution or for the institution of other proceedings
minor violations of this chapter whenever the state chemist believes
that the public interests will be best served by other action.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.71.
IC 15-16-4-71
Injunctions
Sec. 71. (a) The state chemist may apply for a:
(1) temporary; or
(2) permanent;
injunction restraining any person from violating or continuing to
violate this chapter or any rule adopted under the chapter
notwithstanding the existence of other remedies at law.
(b) A court may grant a:
(1) temporary; or
(2) permanent;
injunction that the state chemist applies for under subsection (a).
(c) An injunction granted under this section shall be issued
without bond.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-72
Publication of judgments
Sec. 72. The state chemist shall publish, in a form the state
chemist considers proper, notice of all the judgments entered in
actions instituted under the authority of this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-73
Stop sale orders; notification
Sec. 73. (a) Except as provided in subsection (f), if the state
chemist:
(1) finds any pesticide product:
(A) upon any premises; or
(B) in any means of conveyance;
where it is held for purposes of, or during or after, distribution
or sale; and
(2) determines that the pesticide product:
(A) is in violation of this chapter; or
(B) has been or is intended to be:
(i) distributed;
(ii) sold; or
(iii) used;
in violation of this chapter;
the state chemist may issue an order under subsection (b).
(b) The state chemist may issue a written or printed:
(1) stop sale;
Indiana Code 2015
(2) use; or
(3) removal;
order to the owner or custodian of a pesticide product.
(c) Except as provided in subsection (d), after receiving an order
under subsection (b), the owner or custodian of a pesticide product
may not:
(1) sell;
(2) use; or
(3) remove;
the pesticide product described in the order.
(d) The owner or custodian of a pesticide product who receives an
order under subsection (b) may:
(1) sell;
(2) use; or
(3) remove;
the pesticide product only in accordance with the order or until the
pesticide product is released in writing by the state chemist or by
order of a court.
(e) When a stop sale order is issued under subsection (b), the state
chemist shall immediately issue a notification to the dealer or
registrant of the pesticide product that states the following:
(1) A stop sale order has been issued on the pesticide product.
(2) A reference to the specific language of the law or rule that
is believed to have been violated.
(f) Labels of pesticide devices may be submitted to the state
chemist for approval before the sale of the pesticide device.
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.72.
IC 15-16-4-74
Condemnation and confiscation
Sec. 74. (a) The state chemist may file a claim in accordance with
subsection (b) to condemn any pesticide product that is:
(1) distributed, sold, or offered for sale in Indiana; or
(2) delivered for transportation or transported:
(A) in intrastate commerce; or
(B) between points;
within Indiana through any point outside Indiana;
in any court with jurisdiction in any county of the state where the
product is found and seized.
(b) A claim may be filed under subsection (a) if:
(1) the pesticide product is adulterated or misbranded;
(2) the pesticide product has not been registered under section
61 or 62 of this chapter;
(3) the pesticide product fails to bear on its label the information
required by this chapter;
(4) the pesticide product is a white powder pesticide product and
is not colored as required under this chapter; or
(5) any of the claims made for the pesticide product or any of
the directions for its use differ in substance from the
Indiana Code 2015
representations made in connection with its registration.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-75
Condemned pesticides disposal
Sec. 75. (a) If a pesticide product is condemned under this chapter,
the court shall enter a decree ordering the:
(1) disposal;
(2) destruction; or
(3) sale;
as the court may direct.
(b) If the pesticide product is sold under subsection (a), the
proceeds, less legal costs, shall be paid to the state chemist.
(c) A pesticide product described in subsection (a) may not be sold
except as provided for in this chapter.
(d) After:
(1) payment of costs; and
(2) execution and delivery of a good and sufficient bond that
stipulates that the pesticide product may not be disposed of
unlawfully;
the court may direct that the pesticide product be delivered to the
owner of the pesticide product for relabeling or reprocessing.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-76
Condemnation costs
Sec. 76. Whenever a decree of condemnation is entered under
section 75(a) of this chapter against a pesticide product:
(1) court costs;
(2) fees;
(3) storage costs; and
(4) other proper expenses;
shall be awarded against the person, if any, intervening as claimant
of the pesticide product.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-77
Offenses
Sec. 77. A person who recklessly, knowingly, or intentionally:
(1) violates this chapter; or
(2) impedes or prevents the state chemist or the state chemist's
authorized agent in performance of the state chemist's duty in
connection with this chapter;
commits a Class C misdemeanor, except as provided in section 78 of
this chapter.
As added by P.L.2-2008, SEC.7.
IC 15-16-4-78
Offenses; fraud
Indiana Code 2015
Sec. 78. A person who, with intent to defraud:
(1) uses; or
(2) reveals;
information relative to formulas of products acquired under authority
of section 64 of this chapter commits a Class A misdemeanor.
As added by P.L.2-2008, SEC.7.
Indiana Code 2015
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.