reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-45. Rules; Categories and Classifications for Certification and Licensure; Certification of Applicators

Sec. 45. (a) The state chemist shall adopt rules to establish categories and qualifications to certify and license persons to use pesticides and to make diagnostic inspections and reports for wood destroying pests under this chapter. Each category is subject to separate testing procedures and requirements. A person is not required to pay an additional license fee if the person desires to be licensed in more than one (1) of the license categories provided for by the state chemist under this section.
(b) The state chemist, in adopting rules under this section, shall establish examination content and standards for the certification of persons who use pesticides or who make diagnostic inspections and reports for wood destroying pests. The examination content and standards must relate to the following:
(1) The hazards involved in the use and handling of pesticides, or the use and handling of the pesticide or class of pesticides covered by the individual's certification.
(2) The job responsibilities of the individual using pesticides that are covered by the individual's certification.
(3) Any relevant information addressed in 40 CFR Part 171.
(c) The state chemist may require a person certified under this chapter as a commercial applicator or a private applicator to renew the person's certification, under requirements and standards established by the state chemist, to assure that the person maintains a level of competence and ability to use pesticides safely and properly.
(d) An individual who is certified and licensed under this chapter must be at least eighteen (18) years of age, as proven by a valid government issued identification or an equivalent form of identification.
[Pre-2008 Recodification Citation: 15-3-3.6-5.]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.20.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-46. Certification and Registration Requirements; Compliance

Sec. 46. A person required to be certified or registered under this chapter may not:
(1) use or supervise the use of any pesticide; or
(2) make diagnostic inspections or reports to determine infestations of wood destroying pests;
unless the person complies with the certification or registration requirements under this chapter and any other requirements determined by the state chemist to be necessary to prevent unreasonable adverse effects on the environment.
[Pre-2008 Recodification Citation: 15-3-3.6-3.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-47. Licenses and Certificates Not Transferable

Sec. 47. (a) A license issued under this chapter is not transferable except in the event of disability or death of the licensee. The state chemist may transfer a license to an individual who is a certified applicator by issuing a temporary permit to provide for the operation of the business until the expiration of the permanent license.
(b) A certification issued under this chapter is not transferable.
[Pre-2008 Recodification Citation: 15-3-3.6-26.]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.21.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-49. Licensed Applicators and Pest Inspectors; Licensed Applicator for Hire and Licensed Pest Inspector

Sec. 49. A person may not:
(1) act as an employee of a licensed pesticide business and use or supervise the use of a pesticide on another person's property; or
(2) make diagnostic inspections or reports to determine infestations of wood destroying pests on another person's property;
without having obtained a license to act as a licensed applicator for hire or a licensed pest inspector from the state chemist. However, a competent person who is not a licensed applicator for hire may use a pesticide under the direct supervision of a licensed applicator. An applicator's license and a pest inspector's license does not relieve the person from the responsibility of obtaining any other license or permit required for the operation or use of any equipment.
[Pre-2008 Recodification Citation: 15-3-3.6-7.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-50. Licensed Applicators Not for Hire

Sec. 50. (a) Except as provided in subsection (b), a person may not act as a licensed applicator not for hire unless the person has obtained a license from the state chemist.
(b) A person who is not a licensed applicator not for hire may use a pesticide if the person is under the direct supervision of a licensed applicator not for hire.
[Pre-2008 Recodification Citation: 15-3-3.6-7.1.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-51. Public Employees; Public Applicator

Sec. 51. (a) All state agencies, municipal corporations, and other governmental agencies are subject to this chapter and rules adopted under this chapter concerning the application of pesticides.
(b) Except as provided in subsection (c), a person may not act as a licensed public applicator unless the person has obtained a license from the state chemist.
(c) A person who is not a licensed public applicator may use a pesticide if the person is under the direct supervision of a licensed public applicator.
(d) The public applicator's license is valid only when the applicator is using or supervising the use of pesticides by public agencies. Government research personnel are not exempt from the licensing requirement when using pesticides.
[Pre-2008 Recodification Citation: 15-3-3.6-8.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-52. Applications for Licensure; Denials; Expiration; Renewal

Sec. 52. (a) A person applying for a license described under section 49, 50, or 51 of this chapter must:
(1) submit an application to the state chemist on a form provided by the state chemist;
(2) pass the appropriate examination provided under section 45 of this chapter;
(3) except for a person who is:
(A) applying for a licensed public applicator's license; or
(B) an employee of a nonprofit organization;
submit a fee of forty-five dollars ($45) to the state chemist; and
(4) if the person will engage in the aerial application of pesticides, submit proof to the state chemist that the person has satisfied aerial application requirements under applicable state and federal laws.
(b) Subject to section 65 of this chapter, if a person meets the requirements under subsection (a), the state chemist shall issue the appropriate license to the person.
(c) If the state chemist does not issue a license to a person who applied for a license described under subsection (a), the state chemist shall inform the person in writing of the reason the license was not issued.
(d) A person who has been issued a license under subsection (b):
(1) shall notify the state chemist in writing within ten (10) days after a change in or termination of the person's employment as a licensed applicator for hire, a licensed applicator not for hire, or a licensed public applicator; and
(2) may apply to the state chemist to transfer or amend the person's license by submitting an updated application form described under subsection (a)(1).
(e) A license issued under subsection (b):
(1) expires January 1 of each year; and
(2) subject to section 65 of this chapter, may be renewed by the person holding the license if the person:
(A) submits a renewal application on a form provided by the state chemist; and
(B) except for a person renewing a licensed public applicator's license or an employee of a nonprofit organization, pays a forty-five dollar ($45) renewal fee;
before January 1.
[Pre-2008 Recodification Citation: 15-3-3.6-8.1.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.76; P.L.99-2012, SEC.15.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-53. Repealed

[Pre-2008 Recodification Citation: 15-3-3.6-8.3.]
As added by P.L.2-2008, SEC.7. Repealed by P.L.99-2012, SEC.16.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-54. Private Applicator; Certification

Sec. 54. (a) A private applicator may not be issued a permit to use a restricted use pesticide without first complying with the certification requirements, including passing an examination, determined by the state chemist necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons.
(b) Certification standards to determine a person's competency with respect to the use and handling of the pesticide or class of pesticides that the private applicator is to be certified to use must be relative to hazards as described in section 45 of this chapter. In determining these standards, the state chemist shall observe those standards for private applicator certification provided by the U.S. Environmental Protection Agency.
(c) A fee of twenty dollars ($20) must be paid to the state chemist by each person applying for a certification as a private applicator under this section.
(d) If the state chemist does not certify the private applicator under this section, the state chemist shall inform the applicant of the reasons the applicant was not certified and return the applicant's application fee.
(e) The state chemist may require additional knowledge to ensure that applicators continue to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.
[Pre-2008 Recodification Citation: 15-3-3.6-9.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-55. Exemptions From Licenses

Sec. 55. Section 48 of this chapter relating to pesticide business licenses and requirements for their issuance does not apply to the following:
(1) A farmer who applies pesticides for the farmer's own use or with ground equipment or manually for the farmer's neighbors if:
(A) the farmer operates farm property and operates and maintains pesticide application equipment primarily for the farmer's own use;
(B) the farmer is not engaged in the business of applying pesticides for hire and the farmer does not publicly profess to be a pesticide business;
(C) the farmer operates the farmer's pesticide application equipment only in the vicinity of the farmer's own property and for the accommodation of the farmer's neighbors without any compensation; and
(D) the farmer is certified as a private applicator if the farmer uses restricted use pesticides.
(2) A veterinarian who uses pesticides as an incidental part of the veterinarian's practice, if the veterinarian is not regularly engaged in or does not profess to be engaged in the business of using pesticides for hire.
(3) Research personnel applying general use pesticides only to bona fide experimental plots.
(4) A person who uses nonrestricted general use pesticides for purposes of disinfecting or sanitizing, unless a license is required by a rule established by the board.
[Pre-2008 Recodification Citation: 15-3-3.6-10.]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.23.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-56. Registration of Registered Technicians

Sec. 56. The state chemist shall establish and administer a program to register individuals as registered technicians.
[Pre-2008 Recodification Citation: 15-3-3.6-10.1.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-57. Restricted Use Pesticide Dealer; Registration; Fees; Exemptions

Sec. 57. (a) Each person who is a restricted use pesticide dealer shall register with the state chemist. Registration shall be required for each business location distributing restricted use pesticides and shall be accomplished on a form to be provided by the state chemist. A registration expires January 1 following issuance unless the registration is renewed annually. A registration fee of forty-five dollars ($45) must accompany the application.
(b) This section does not apply to:
(1) a licensed pesticide business that sells pesticides only as an integral part of its pesticide application service when the pesticides are dispensed only through equipment used for this pesticide application;
(2) any federal, state, county, or municipal agency that provides pesticides only for its own programs; or
(3) any person who is the final purchaser of a pesticide for application to property or property rights owned, leased, or acquired by the person.
(c) Each registered pesticide dealer is responsible for the acts of each person employed by the dealer in the solicitation and sale of restricted use pesticides and all claims and recommendations for use of pesticides. The dealer's registration is subject to sections 65 and 66 of this chapter for any violation of this chapter whether committed by the dealer or by the dealer's officer, agent, or employee.
[Pre-2008 Recodification Citation: 15-3-3.6-12.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-58. Pesticide Business License and Pest Inspector License; Financial Responsibility

Sec. 58. (a) The state chemist may not issue a pesticide business license or a pest inspector license until the applicant for the license has furnished a surety bond, a certificate of liability insurance in force, or a certificate of financial responsibility to protect persons who may suffer legal damages as a result of the pesticide operations or pest inspections of the applicant. If the surety bond, liability insurance, or financial responsibility is not maintained at all times during the licensing period, the pesticide business license, pest inspector license, and any associated commercial applicator licenses and technician registrations are invalid. The applicant may not engage in or profess to be engaged in the business of using pesticides or pest inspection until the financial responsibility is in compliance and the applicant's license is reinstated by the state chemist.
(b) This chapter does not relieve any person from liability for any damage to the person or property of another caused by the use of pesticides even though the use conforms to the rules adopted under this chapter.
[Pre-2008 Recodification Citation: 15-3-3.6-13.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.77.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-59. Maintenance of Records

Sec. 59. (a) Commercial applicators, private applicators, and licensed pest inspectors shall maintain records concerning:
(1) the application of restricted use pesticides;
(2) the application of pesticides for hire;
(3) the application of pesticides on golf courses;
(4) the application of pesticides on school property;
(5) diagnostic inspections to determine infestations of wood destroying pests; and
(6) any relevant information that the state chemist determines by rule is necessary for purposes of this chapter.
(b) Records required under this section must be kept for:
(1) two (2) years after the date of the inspection or the application of the pesticide; or
(2) the time specified by rule.
(c) The state chemist shall be provided access to the records required to be maintained under this section.
[Pre-2008 Recodification Citation: 15-3-3.6-19.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.78; P.L.91-2020, SEC.24.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-60. Late Fees

Sec. 60. A person who:
(1) is required to pay a fee under this chapter to the state chemist; and
(2) does not pay the fee before the date the fee is due;
shall pay a penalty fee to the state chemist equal to one hundred percent (100%) of the required fee when the person pays the required fee.
[Pre-2008 Recodification Citation: 15-3-3.6-12.1.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-61. Disposition of Fees

Sec. 61. (a) All fees collected by the state chemist under this chapter shall be paid to Purdue University and deposited in a special restricted account designated by the treasurer of the board of trustees of Purdue University.
(b) From the account described in subsection (a), the treasurer shall pay from the special restricted account the 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) Conducting and reporting inspections and investigations.
(3) Purchasing supplies and services.
(4) Providing necessary facilities and remodeling.
(5) Any other expense of the office of the state chemist.
The treasurer is not required to use any other funds, except those collected under this chapter, to defray any expenses incurred in the administration of this chapter.
(c) The dean of agriculture of Purdue University shall make an annual financial report to the governor showing total receipts and expenditures of all fees received under this chapter.
(d) Fee revenue remaining in the account described in subsection (a) after payment of the expenses described in subsection (b) is subject to IC 15-16-2-36.
[Pre-2008 Recodification Citation: 15-3-3.6-11.]
As added by P.L.2-2008, SEC.7. Amended by P.L.141-2018, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-62. Pesticide Accident Reporting and Claims

Sec. 62. (a) The state chemist may adopt rules to require the reporting of significant pesticide accidents or incidents.
(b) Any person:
(1) claiming damages from a pesticide accident or incident; and
(2) requesting an investigation of those damages by the state chemist;
must file a report with the state chemist. If a growing crop is alleged to have been damaged, the report must be filed before twenty-five percent (25%) of the crop has been harvested.
[Pre-2008 Recodification Citation: 15-3-3.6-20.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.79.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-63. Agreements With Other Agencies

Sec. 63. The state chemist may cooperate with, and enter into agreements with, any other agency of the state, any federal agency, or any other state agency or nongovernmental organization to carry out this chapter to:
(1) secure uniformity of rules;
(2) cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs;
(3) develop and administer state plans for certification of applicators consistent with federal standards;
(4) contract or cooperate with agencies or organizations for the purpose of training applicators;
(5) contract for monitoring pesticides;
(6) prepare and submit state plans to meet federal certification standards;
(7) administer and enforce requirements under this chapter; and
(8) make reports to the United States Environmental Protection Agency as the agency requires.
[Pre-2008 Recodification Citation: 15-3-3.6-21.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.80.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-64. Injury or Pollution; Rules

Sec. 64. (a) A person may not produce, transport, store, handle, or dispose of any pesticide product or pesticide product containers in a manner that may:
(1) cause injury to:
(A) humans;
(B) beneficial vegetation;
(C) crops;
(D) livestock;
(E) wildlife; or
(F) beneficial insects; or
(2) pollute any waterway in a way harmful to any wildlife in a waterway.
(b) The board may adopt rules governing the production, transportation, storage, handling, and disposal of pesticide products or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency.
[Pre-2008 Recodification Citation: 15-3-3.6-24.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.81; P.L.99-2012, SEC.17.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-67. Review of State Chemist Actions; Hearing

Sec. 67. (a) A person who is:
(1) subject to an action under section 65, 66, or 70 of this chapter; and
(2) aggrieved by any decision by 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 judicial review under IC 4-21.5-5.
[Pre-2008 Recodification Citation: 15-3-3.6-15.]
As added by P.L.2-2008, SEC.7. Amended by P.L.109-2015, SEC.38.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-68. Subpoenas

Sec. 68. The state chemist may request a court to issue subpoenas to compel:
(1) the attendance of witnesses; or
(2) the production of books, documents, and records;
as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege granted by a license, certificate, registration, or permit issued under this chapter.
[Pre-2008 Recodification Citation: 15-3-3.6-17.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-69. Inspections; Search Warrant; Prosecution; Injunction

Sec. 69. (a) The state chemist may enter upon any public or private property at reasonable times to do the following:
(1) Observe the use and application of a pesticide product.
(2) Inspect equipment subject to this chapter.
(3) Inspect and sample property actually or reported to be exposed to pesticide products.
(4) Inspect storage or disposal areas.
(5) Inspect or investigate complaints of injury to humans or property.
(6) Sample pesticide products being produced, distributed, transported, stored, disposed, or used or to be used.
(7) Inspect and obtain copies of pesticide product production, sale, distribution, purchase, use, storage, and disposal records, including confidential business information. Confidential business information obtained under this subdivision is confidential for purposes of IC 5-14-3-4(a).
(b) The state chemist may, upon showing a need, apply to any court with jurisdiction for a search warrant authorizing access to the property. The court may, after receiving the application and finding a need, issue the search warrant for the purposes requested.
(c) A prosecuting attorney to whom a violation of this chapter is reported may institute and prosecute the violation in a court with jurisdiction of that county without delay. The state chemist may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction may be issued without bond.
[Pre-2008 Recodification Citation: 15-3-3.6-18.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.83; P.L.99-2012, SEC.19.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-70. Violations; Penalty; Injunction

Sec. 70. (a) A person who recklessly, knowingly, or intentionally:
(1) violates this chapter, except as provided in subsection (b); or
(2) impedes or prevents the state chemist or the state chemist's agent from performing a duty of the state chemist;
commits a Class C misdemeanor.
(b) A person who recklessly, knowingly, or intentionally violates section 65(9) of this chapter after the state chemist has issued written notification to that person regarding a previous violation of section 65(9) of this chapter commits a Class A misdemeanor.
(c) The state chemist may bring an action to enjoin the violation or threatened violation of this chapter or a rule under this chapter. A court may not allow the recovery of damages for an administrative action taken under this subsection if the court finds that there was probable cause for the action.
[Pre-2008 Recodification Citation: 15-3-3.6-16.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.84.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-71. Political Subdivision Regulation of Pesticides Prohibited; Hearing; Variance

Sec. 71. (a) A political subdivision (as defined in IC 36-1-2-13) does not have authority to regulate by ordinance the use or application of pesticides.
(b) A political subdivision may, by resolution, petition the board for a hearing to allow a variance from a rule of the board because of special circumstances relating to the use or application of a pesticide. If a petition is received, the board shall hold a public hearing to consider allowing the variance requested. The public hearing shall be conducted in an informal manner. IC 4-21.5 does not apply to the public hearing under this section.
(c) The board may grant a variance requested under this section with or without changes.
[Pre-2008 Recodification Citation: 15-3-3.6-27.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-72. Restrictions on Rules Governing Pesticides; Exceptions

Sec. 72. (a) Except as provided in IC 4-22-2.3-9, a rule adopted under this chapter that becomes effective after June 30, 2023, may not impose a restriction or requirement concerning pesticides more stringent than a restriction or requirement imposed under federal law unless the restriction or requirement is specifically authorized by Indiana law.
(b) Restrictions or requirements specifically authorized to be more stringent than a restriction or requirement imposed under federal law include the following:
(1) Commercial termite control applicators (category 7b) must complete a practical hands-on training program to become certified.
(2) Commercial applicators must have access to the pesticide label when applying pesticides.
(3) Commercial for hire general use pesticide application businesses are required to show proof of having minimum liability insurance coverage.
(4) Commercial for hire general use pesticide applicators (category 7b) must disclose to customers any omissions from label required termite control applications.
(5) Commercial applicators and school employees applying general use pesticides at schools:
(A) may not apply when students are present;
(B) must notify students, parents, and staff of planned and conducted applications;
(C) must store pesticides safely;
(D) must keep students and staff out of treated areas until spray has dried; and
(E) may only apply rodenticide baits in areas inaccessible to students.
(6) Commercial and private applicators must store and contain general use pesticide portable refillable containers (minibulks) safely to prevent releases to the environment.
(7) Commercial and private applicators may not store, mix, or load general use pesticides within two hundred (200) feet of a community public drinking water well.
(8) Commercial and private applicators must store general use pesticide containers on impervious surfaces within a wellhead protection area zone.
(9) Commercial and private applicators must clean up general use pesticide spills within a wellhead protection area immediately upon discovery.
(10) Commercial and private applicators may not open burn general use pesticide containers.
As added by P.L.249-2023, SEC.78.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-1. Authority to Organize Horticulture and Quarantine Districts; Purposes

Sec. 1. (a) Horticultural and quarantine districts may be organized under this chapter for any or all of the following purposes:
(1) To prevent the spread of contagious diseases among fruit, fruit trees, and fruit bearing plants.
(2) To provide for the prevention, treatment, cure, and extirpation of:
(A) fruit pests; and
(B) diseases of fruit, fruit trees, and fruit bearing plants.
(3) To:
(A) provide for the purchase and maintenance of spraying machines, wagons, or other necessary apparatus to adequately spray fruit trees or other fruit bearing plants;
(B) hire workers and teams to perform the required labor; and
(C) incur the necessary expense to carry out the purposes of this chapter.
(4) To hire experts to:
(A) inspect fruit trees and fruit bearing plants found within a horticultural and quarantine district; and
(B) prescribe the proper methods of treatment of diseases of fruit trees or fruit bearing plants.
(b) A horticultural and quarantine district shall be administered by a voluntary association that has three (3) elected directors.
[Pre-2008 Recodification Citation: 15-3-7-1.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-2. Organizers; Articles of Association; Contents; Amendment

Sec. 2. (a) At least ten (10) persons who are owners of land:
(1) constituting a contiguous area; and
(2) upon which are situated orchards, fruit trees, or other fruit bearing plants;
may establish a horticultural and quarantine district.
(b) The articles of association must be in writing and signed and acknowledged by each person who desires to become a member of the organization. The articles of association must specify the following:
(1) The corporate name of the association.
(2) The objectives of the association, generally.
(3) The name and residence of each incorporating member.
(4) The term of existence of the association. However, the term may not exceed ten (10) years.
(5) That three (3) directors shall manage the affairs of the association.
(c) An association may not have capital stock. The articles of association may be amended at any time by supplementary and amended articles:
(1) signed and acknowledged by a majority of the members of the association at the time of amendment; and
(2) recorded in the same manner as the original articles.
[Pre-2008 Recodification Citation: 15-3-7-2.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-3. Notice of Election; Information

Sec. 3. (a) At least three (3) members of the association may give notice of an election of the board of directors of the association.
(b) The notice must contain the following information:
(1) The date and time of the election.
(2) The place where the election will be held. The election must be held at a place:
(A) convenient to voters; and
(B) located within or near the proposed horticultural and quarantine district.
(c) The notice must be:
(1) published in one (1) newspaper:
(A) in the county; and
(B) of general circulation among the members of the association; or
(2) delivered in person.
[Pre-2008 Recodification Citation: 15-3-7-3.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-4. Directors; Election; Term

Sec. 4. (a) If a majority of the members of the association are present at the time and place specified in the notice described in section 3 of this chapter, the members shall elect, by ballot, three (3) directors from among the membership of the association.
(b) The directors shall immediately determine by lot the directors' initial terms of office, which are as follows:
(1) One (1) director shall serve a term of one (1) year.
(2) One (1) director shall serve a term of two (2) years.
(3) One (1) director shall serve a term of three (3) years.
(c) Except as provided in subsection (b), the term of a director is three (3) years. A director shall serve until a successor is elected and qualified.
(d) The directors shall call an annual meeting of the association members to elect a director. The directors shall provide notice of the meeting under section 3 of this chapter. The members shall meet at the time and place fixed by the directors.
[Pre-2008 Recodification Citation: 15-3-7-4.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-5. Directors; Vacancy

Sec. 5. If a vacancy occurs in the office of a director, the remaining directors shall fill the vacancy by appointing a temporary director. The temporary director shall be appointed from among the members of the association and shall hold office until the next annual election.
[Pre-2008 Recodification Citation: 15-3-7-5.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-6. Articles Filing; Corporate Nature and Powers; Assessment; Bylaws

Sec. 6. (a) Before or after the election of directors, the association shall:
(1) file the articles of association in the office of the secretary of state; and
(2) record in the recorder's office of each county in which any part of the proposed horticultural and quarantine district is situated a duplicate copy of the articles of association.
(b) After the articles of association are filed and recorded, the association is a body politic and corporate, by the name and style adopted. The association has all the rights, powers, and privileges given to corporations to:
(1) sue and be sued, plead and be pleaded, answer and be answered, in any court with jurisdiction;
(2) borrow money and levy assessments upon the owners of lands, orchards, trees, and other fruit bearing plants situated in the district; and
(3) rent, lease, purchase, hold, sell, and convey personal property as is necessary and proper for the purposes and objectives of the corporation.
(c) A majority of the members of the association may:
(1) adopt bylaws for the government of the horticultural and quarantine district; and
(2) make rules as may be necessary to carry the bylaws into force and effect.
[Pre-2008 Recodification Citation: 15-3-7-6.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-7. Boundaries; Annexation; Maximum Size; Consolidation

Sec. 7. (a) The boundary of a horticultural and quarantine district shall coincide with a line enclosing the lands owned by the association members.
(b) A person who is the owner of lands contiguous to a horticultural and quarantine district is entitled to become a member of the association at any time by signing the articles of association.
(c) Horticultural and quarantine districts may be increased in size to not more than twenty (20) square miles of territory by annexing contiguous territory under this section.
(d) Contiguous horticultural and quarantine districts may be consolidated if the combined area of the consolidating districts does not exceed twenty (20) square miles. The question of consolidation may be submitted to the members of the respective associations at a joint meeting called for that purpose. If a majority of members entitled to vote under section 8 of this chapter vote in favor of consolidation:
(1) a new district comprised of the consolidating districts is formed; and
(2) the articles of association of the new district shall be filed and recorded as prescribed in section 6 of this chapter.
(e) Directors of the new district may be chosen at the meeting called to determine the question of consolidation or at a subsequent meeting.
[Pre-2008 Recodification Citation: 15-3-7-7.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-8. Voting Rights

Sec. 8. All persons who have:
(1) signed the articles of association; and
(2) paid the assessments levied against them;
are entitled to vote at any meeting of the members of the association on any question that lawfully comes before the association. Each member is entitled to one (1) vote on any question.
[Pre-2008 Recodification Citation: 15-3-7-8.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-9. Officers; Records

Sec. 9. (a) The directors shall elect one (1) director to serve as president and one (1) director to serve as secretary.
(b) The secretary shall also serve as treasurer of the association and have custody of the association's money. The secretary shall execute a bond, with good freehold surety, for double the amount of money that will probably be received by the secretary at any time during the secretary's term of office.
(c) The secretary shall:
(1) keep a record of the transactions of the association, including:
(A) brief minutes of meetings;
(B) the results of elections; and
(C) an itemized account of all receipts and expenditures; and
(2) present a report of the transactions of the association to the members of the association at the annual meeting.
[Pre-2008 Recodification Citation: 15-3-7-9.]
As added by P.L.2-2008, SEC.7. Amended by P.L.9-2022, SEC.21.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-10. Withdrawals From Treasury

Sec. 10. Money may be drawn from the treasury of an association only upon the order of a majority of the board of directors. A warrant must be:
(1) signed by the president of the board of directors; and
(2) attested by the treasurer.
[Pre-2008 Recodification Citation: 15-3-7-10.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-11. Special Meetings; Quorum

Sec. 11. (a) A special meeting of the members of the association may be called at any time by:
(1) a majority of the board of directors; or
(2) five (5) members of the association.
(b) A majority of the members constitute a quorum to transact ordinary business not required by law to be transacted at the regular meeting prescribed by law.
[Pre-2008 Recodification Citation: 15-3-7-11.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-12. Administration by Directors; Purposes; Hiring Experts

Sec. 12. (a) The board of directors of any association shall administer the affairs of an association under this chapter for any or all the following purposes:
(1) To prevent the spread of contagious diseases among fruit, fruit trees, and fruit bearing plants.
(2) To provide for the prevention, treatment, cure, and extirpation of:
(A) fruit pests; and
(B) diseases of fruit and fruit bearing plants.
(3) To:
(A) provide for the purchase and maintenance of spraying machines, wagons, or other necessary apparatus;
(B) adequately spray fruit trees or other fruit bearing plants;
(C) hire workers and teams to perform the required labor; and
(D) incur the necessary expense to carry out the purposes of this chapter.
(4) To hire experts to:
(A) inspect fruit trees and fruit bearing plants found within the horticultural and quarantine district; and
(B) prescribe the proper methods of treating a disease of the trees or plants.
(5) To periodically levy assessments on the members as necessary to administer this chapter and the purposes of the association.
(6) To actively cooperate with the state entomologist and the county agents in precautionary measures to prevent the spread of injurious insects and plant diseases within the district.
(7) To advise, direct, and encourage the activities of the association.
(b) If directed by a majority vote of the members at any special or regular meeting, the board of directors of an association may hire experts to:
(1) inspect fruit trees and fruit bearing plants; and
(2) prescribe the proper methods of treating diseases of fruit trees or fruit bearing plants.
[Pre-2008 Recodification Citation: 15-3-7-12.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-13. State Entomologist; Cooperation

Sec. 13. The state entomologist shall:
(1) cooperate with a horticultural or quarantine association in the state in efforts to prevent, locate, check, or eradicate injurious insects or fruit disease; and
(2) periodically or upon request send all available information relating to injurious insects and plant diseases, including methods of detection and treatment, to the board of directors of a horticultural or quarantine association.
[Pre-2008 Recodification Citation: 15-3-7-13.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-14. County Agricultural Extension Educator Ex Officio State Entomologist; Cooperation

Sec. 14. (a) In counties having a county agricultural extension educator, the county agricultural extension educator shall be an ex officio deputy state entomologist for the county and shall:
(1) carry out the instructions of the state entomologist; and
(2) under the direction of the state entomologist, cooperate with a local horticultural association or society in efforts to prevent, locate, check, or eradicate injurious insects or fruit diseases.
(b) A county agricultural extension educator may not receive additional compensation for performing the duties of the deputy state entomologist.
[Pre-2008 Recodification Citation: 15-3-7-14.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 6. Organization of Horticultural and Quarantine Districts › 15-16-6-15. Assessments for Expenses

Sec. 15. To raise money necessary to meet the expenses of horticultural and quarantine associations, the board of directors shall assess the individual members of the association in proportion to the service derived, procured, or obtained by the members from the association. The assessment must be based on the acreage or number of trees, plants, vines, or other herbaceous plants in equitable proportion as the directors consider just.
[Pre-2008 Recodification Citation: 15-3-7-15.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 7. Weed Control Board › 15-16-7-1. "Authorizing Body"

Sec. 1. As used in this chapter, "authorizing body" means the body that has the power to adopt ordinances under IC 36-1-3-6.
[Pre-2008 Recodification Citation: 15-3-4.6-1(a).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 7. Weed Control Board › 15-16-7-2. "Noxious Weed"

Sec. 2. As used in this chapter, "noxious weed" refers to the following:
(1) Canada thistle (Cirsium arvense).
(2) Johnson grass (Sorghum halepense).
(3) Columbus grass (Sorghum almum).
(4) Bur cucumber (Sicyos angulatus).
(5) Shattercane (Sorghum bicolor (L.) Moench spp. drummondii (Steud.) deWet).
(6) Common waterhemp (Amaranthus rudis) and tall waterhemp (Amaranthus tuberculatus).
(7) Marestail or horseweed (Conyza canadensis).
(8) Palmer amaranth or carelessweed (Amaranthus palmeri).
(9) Poison hemlock (Conium maculatum).
(10) Powell amaranth (Amaranthus powellii).
(11) Rough pigweed (Amaranthus retroflexus).
(12) Smooth pigweed (Amaranthus hybridus).
[Pre-2008 Recodification Citation: 15-3-4.6-2.]
As added by P.L.2-2008, SEC.7. Amended by P.L.141-2018, SEC.3.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 7. Weed Control Board › 15-16-7-3. Establishment of Weed Control Board

Sec. 3. The authorizing body of any county may establish a weed control board by adopting an ordinance:
(1) on the authorizing body's own initiative; or
(2) after receiving a petition signed by five percent (5%) of the registered voters of the county.
[Pre-2008 Recodification Citation: 15-3-4.6-1(b).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 7. Weed Control Board › 15-16-7-4. Board Members; Terms; Officers; Traveling Expenses

Sec. 4. (a) The weed control board consists of the following members to be appointed by the authorizing body:
(1) One (1) township trustee of the county.
(2) One (1) soil and water conservation district supervisor.
(3) One (1) representative from the agricultural community of the county.
(4) One (1) representative from the county highway department or an appointee of the county commissioners.
(5) One (1) cooperative extension service agent from the county to serve in a nonvoting advisory capacity.
(b) Each board member shall be appointed for a term of four (4) years. All vacancies in the membership of the board shall be filled for the unexpired term in the same manner as initial appointments.
(c) The board shall elect a chairperson and a secretary. The members of the board are not entitled to receive any compensation, but are entitled to any traveling and other expenses that are necessary in the discharge of the members' duties.
[Pre-2008 Recodification Citation: 15-3-4.6-3 part.]
As added by P.L.2-2008, SEC.7.