reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-1. Adoption of Rules

Sec. 1. The commission shall adopt rules under IC 4-22-2 to implement this article.
[Pre-1995 Recodification Citation: 14-7-4-1.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-2. Standards Within Infested Areas

Sec. 2. The commission shall provide standards for operation and maintenance within an infested area declared under IC 14-24-4.
[Pre-1995 Recodification Citation: 14-7-4-2.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-3. Control of Pests and Pathogens

Sec. 3. The commission shall establish standards for the control of pests and pathogens.
[Pre-1995 Recodification Citation: 14-7-4-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-4. Regulation of Nurseries

Sec. 4. The commission shall regulate nurseries, nurserymen, and dealers.
[Pre-1995 Recodification Citation: 14-7-4-4.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-5. Special Service Fees

Sec. 5. The commission may establish special service fees under IC 14-24-10-2.
[Pre-1995 Recodification Citation: 14-7-4-5.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-6. Declaration of Pests or Pathogens

Sec. 6. The commission may declare species or subspecies to be pests or pathogens. This identification must include any species or subspecies of bee that may endanger the bee and honey industry.
[Pre-1995 Recodification Citation: 14-7-4-6.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-7. Quarantine Regulations

Sec. 7. The commission shall develop quarantine regulations needed to carry out this article.
[Pre-1995 Recodification Citation: 14-7-4-7.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-8. Protection of Bee and Honey Industry

Sec. 8. The commission shall establish measures for the protection of the bee and honey industry in Indiana.
[Pre-1995 Recodification Citation: 14-7-4-8.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 3. Rules › 14-24-3-9. Expenses and Attorney's Fees

Sec. 9. The commission shall establish standards for determining expenses and attorney's fees under IC 14-24-11-5.
[Pre-1995 Recodification Citation: 14-7-4-9.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 4. Control of Pests and Pathogens › 14-24-4-1. Inspections

Sec. 1. The division may inspect any site in Indiana where agricultural, horticultural, or sylvan products are being grown, shipped, sold, or stored to determine if a pest or pathogen is present.
[Pre-1995 Recodification Citation: 14-7-5-1.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 4. Control of Pests and Pathogens › 14-24-4-2. Declaration of Infested Areas

Sec. 2. If as a result of an inspection under section 1 of this chapter a site is determined to be infested with a pest or pathogen that is likely to spread or communicate to adjacent or contiguous territory in an adjoining area, the director may prescribe the boundaries of an area where the pest or pathogen is located and declare the area to be an infested area.
[Pre-1995 Recodification Citation: 14-7-5-2.]
As added by P.L.1-1995, SEC.17. Amended by P.L.17-2009, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 4. Control of Pests and Pathogens › 14-24-4-3. Standards for Operation of Premises Within Infested Areas; Destruction of Plant Products Producing or Disseminating Pests or Pathogens

Sec. 3. All farms and premises located within an area declared to be an infested area shall be operated and managed according to standards approved by the commission. An agricultural, a horticultural, or a sylvan product capable of producing and disseminating the pest or pathogen shall be destroyed, treated, or otherwise disposed of as the department orders.
[Pre-1995 Recodification Citation: 14-7-5-3.]
As added by P.L.1-1995, SEC.17. Amended by P.L.151-2012, SEC.28.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 4. Control of Pests and Pathogens › 14-24-4-4. Notice to Destroy Plant Products

Sec. 4. After written notice by the department and within the prescribed period, a person having charge of an agricultural, a horticultural, or a sylvan product described under section 3 of this chapter shall have the product destroyed, treated, or otherwise disposed of as directed by the department.
[Pre-1995 Recodification Citation: 14-7-5-4.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 4. Control of Pests and Pathogens › 14-24-4-5. Noncompliance With Notice to Destroy Plant Products

Sec. 5. (a) If the person having charge of the product does not comply with the written notice given under section 4 of this chapter, the department or the department's agent may take the necessary action and incur the expenses required to satisfy the directive contained in the written order.
(b) Expenses incurred by the department under this section shall be certified to the auditor of the county where the site is located. The county auditor shall place the assessment on the tax duplicates of the county, and the assessment shall be collected as state and county taxes are collected and paid over to the department.
[Pre-1995 Recodification Citation: 14-7-5-5.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-1. "Vital" Defined

Sec. 1. As used in this chapter, "vital" means that a plant is physiologically vibrant and does not suffer unreasonably from mechanical or pathological stress.
[Pre-1995 Recodification Citation: 14-7-1-18.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-2. Inspections

Sec. 2. (a) The division shall inspect each nursery in Indiana at least one (1) time each year if the nursery:
(1) imports nursery stock from outside Indiana; or
(2) exports nursery stock from Indiana.
(b) The division director may authorize nursery inspections in addition to those nursery inspections described in subsection (a).
[Pre-1995 Recodification Citation: 14-7-6-1.]
As added by P.L.1-1995, SEC.17. Amended by P.L.43-1999, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-3. Certification of Nursery Stock; Preferred Fumigation Treatment

Sec. 3. (a) The division shall issue a certificate following an inspection that discloses that the nursery stock is apparently free from pests and pathogens.
(b) The certificate shall be prepared on a commission form and must state the following:
(1) That the nursery stock has been inspected by the division.
(2) That to the best knowledge and belief of the nurseryman, the nursery stock is free from pests and pathogens.
(c) A copy of the certificate must be attached to each package of nursery stock before shipment of the stock by a nurseryman.
(d) A certificate issued under this section expires December 31 following the date the certificate becomes effective.
(e) The division shall communicate to nurserymen that methyl bromide soil fumigation is preferred to produce pest and disease free forest seedlings. Fumigation with methyl bromide of seedling beds before seeding is an official control treatment to assure pest free nursery stock.
[Pre-1995 Recodification Citation: 14-7-6-2.]
As added by P.L.1-1995, SEC.17. Amended by P.L.69-2009, SEC.11; P.L.151-2012, SEC.29.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-4. Labels on Nursery Stock

Sec. 4. Every package of nursery stock shipped into Indiana from another state must be labeled on the outside with the following:
(1) The name of the consignor.
(2) The name of the consignee.
(3) A certificate from the other state showing that the contents have been examined and found free from pests and pathogens.
[Pre-1995 Recodification Citation: 14-7-6-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-5. Duties Regarding Imported Nursery Stock

Sec. 5. (a) A person that receives nursery stock from a foreign country shall notify the division of the arrival and contents of the shipment and the name of the consignor.
(b) The person shall hold the shipment unopened until inspected or released by the division.
[Pre-1995 Recodification Citation: 14-7-6-4.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-6. Right of Entry Upon Premises

Sec. 6. The division may enter upon any premises in Indiana and examine the trees, plants, shrubs, vines, fruit, and propagated material on the premises in the discharge of the division's duties under this chapter.
[Pre-1995 Recodification Citation: 14-7-6-5.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-7. Notice to Destroy Pests or Pathogens

Sec. 7. (a) If a pest or pathogen is discovered by an inspection under this chapter, the division shall provide a written notice to the person that owns or controls the premises or plant where the pest or pathogen is located.
(b) The notice must include the following:
(1) A description of the action that is needed to destroy or control the pest or pathogen.
(2) The date by which the action must be taken.
(c) The notice may provide that infested plants may not be sold or transported from the site of inspection until the pest or pathogen is successfully treated.
(d) A written notice issued under this section is effective when served. A person that is aggrieved by the notice may request administrative review under IC 4-21.5-3-6. In addition, an aggrieved person may seek temporary relief from the notice under IC 4-21.5-4. Unless otherwise agreed to by the parties, a hearing on temporary relief must be conducted within five (5) days of receipt of the hearing request in the county where the infested plants are located.
[Pre-1995 Recodification Citation: 14-7-6-6.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-8. Notices of Violation

Sec. 8. (a) The division may issue a notice of violation to a person against whom a written notice is directed under section 7 of this chapter if the person does not:
(1) comply with the directives contained in the notice; or
(2) request a hearing under section 7(d) of this chapter.
This subsection does not preclude the issuance of a notice of violation if the department receives a final determination in the department's favor from the review of a written notice issued under section 7 of this chapter.
(b) A notice of violation issued under subsection (a) may be accompanied by a civil penalty, which may not exceed five hundred dollars ($500) for each day a violation continues.
(c) A notice of violation and a penalty issued under this section is subject to IC 4-21.5-3-6.
[Pre-1995 Recodification Citation: 14-7-6-7.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-9. Nonvital Plants

Sec. 9. (a) If as a result of an inspection under this chapter, a plant is discovered that is not vital, the division may direct that the plant not be sold or given away.
(b) A person that rehabilitates a plant described in subsection (a) may request the division to reinspect the plant and declare the plant to be vital.
(c) A person that is aggrieved by a determination made under this section may request a proceeding under IC 4-21.5-3-6.
[Pre-1995 Recodification Citation: 14-7-6-8.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 5. Nurseries › 14-24-5-10. Inspection Required for Renewal of License to Sell or Ship Nursery Stock

Sec. 10. (a) A person that desires to renew a license to sell or ship nursery stock must make a written application on a commission form before July 1 of the year of renewal for an inspection of the nursery stock.
(b) A person that does not comply with this section is liable for extra charges to cover the traveling expenses incurred by the division in performing the inspection.
[Pre-1995 Recodification Citation: 14-7-6-9.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 6. Regulation of Nursery Stock Sales › 14-24-6-1. Purpose of Chapter

Sec. 1. The purpose of this chapter is to protect the public from dishonest and unethical practices concerning the sale of nursery stock that is unlikely to properly grow or survive in the climate of Indiana.
[Pre-1995 Recodification Citation: 14-7-12-1.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 6. Regulation of Nursery Stock Sales › 14-24-6-2. "Hardiness Zone" Defined

Sec. 2. As used in this chapter, "hardiness zone" means a designated geographic area found on the Plant Hardiness Zone Map prepared and amended by the Agricultural Research Service of the United States Department of Agriculture.
[Pre-1995 Recodification Citation: 14-7-12-2.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 6. Regulation of Nursery Stock Sales › 14-24-6-3. "Nursery Stock" Defined

Sec. 3. As used in this chapter, "nursery stock" means botanically classified hardy perennial or biennial trees, shrubs, vines, and plants, evergreens, fruit pits, and other plants or plant parts capable of propagation. The term does not include corms, tubers, field vegetables, or flower seeds.
[Pre-1995 Recodification Citation: 14-7-12-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 6. Regulation of Nursery Stock Sales › 14-24-6-4. Administration of Chapter

Sec. 4. The state entomologist shall administer this chapter.
[Pre-1995 Recodification Citation: 14-7-12-4 part.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 6. Regulation of Nursery Stock Sales › 14-24-6-5. Adoption of Rules

Sec. 5. The department:
(1) shall adopt rules under IC 4-22-2 to prescribe the label described under section 6 of this chapter; and
(2) may adopt other rules under IC 4-22-2 to implement this chapter.
[Pre-1995 Recodification Citation: 14-7-12-4 part.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 6. Regulation of Nursery Stock Sales › 14-24-6-6. Labeling of Imported Nursery Stock

Sec. 6. (a) This section does not apply to nursery stock that is:
(1) imported into Indiana by a nursery grower; and
(2) transplanted, grown, and held by the grower for at least five (5) years after the date of import.
(b) If a person imports nursery stock into Indiana from outside the forty-eight (48) contiguous states of the United States, the nursery stock must have a label attached that contains the following information:
(1) The hardiness zone of the nursery stock.
(2) The common name and botanical name of the nursery stock.
[Pre-1995 Recodification Citation: 14-7-12-5.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 6. Regulation of Nursery Stock Sales › 14-24-6-7. Removal of Labels Prohibited

Sec. 7. (a) A person may not remove a label described under section 6 of this chapter from nursery stock until the nursery stock has been sold for the ultimate use or purpose of the nursery stock in Indiana.
(b) A person who violates this section commits a Class C infraction.
[Pre-1995 Recodification Citation: 14-7-12-6.]
As added by P.L.1-1995, SEC.17. Amended by P.L.195-2014, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 7. Nursery Dealers › 14-24-7-1. License; Requirement

Sec. 1. (a) Subject to subsection (b), a person must obtain a dealer's license from the division under this chapter before selling or soliciting an order for nursery stock or otherwise conducting the business of a dealer.
(b) A person who operates one (1) or more grocery stores in Indiana at which nursery stock is sold is not required to obtain more than one (1) dealer's license under this chapter.
[Pre-1995 Recodification Citation: 14-7-7-1(a).]
As added by P.L.1-1995, SEC.17. Amended by P.L.136-1996, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 7. Nursery Dealers › 14-24-7-2. License; Application

Sec. 2. (a) A dealer's license application must be completed on a commission form and must include an affidavit or affirmation that the dealer will do the following:
(1) Only buy and sell stock that has been inspected and certified by an authorized inspector.
(2) Maintain with the division a list of all persons from whom the dealer secures stock.
(b) A person with a principal place of business outside Indiana must, in addition to the requirements contained in subsection (a), include documentation in the application, as specified by rule, that establishes the person as an authorized dealer in the other state.
[Pre-1995 Recodification Citation: 14-7-7-1(b), (c).]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 7. Nursery Dealers › 14-24-7-3. License; Issuance

Sec. 3. The division director shall issue a dealer's license certificate to a dealer upon completion of an application.
[Pre-1995 Recodification Citation: 14-7-7-1(d).]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 7. Nursery Dealers › 14-24-7-4. License; Expiration

Sec. 4. Each license expires December 31 following the day the license becomes effective.
[Pre-1995 Recodification Citation: 14-7-10-2.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 7. Nursery Dealers › 14-24-7-5. Applicability of Ic 14-24-5

Sec. 5. The requirements of IC 14-24-5 apply to a dealer.
[Pre-1995 Recodification Citation: 14-7-7-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 8. Apiaries › 14-24-8-1. Examinations

Sec. 1. The division may examine an apiary in Indiana to determine if a pest or pathogen is present.
[Pre-1995 Recodification Citation: 14-7-8-1.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 8. Apiaries › 14-24-8-2. Notice to Destroy Pests or Pathogens

Sec. 2. (a) If a pest or pathogen is discovered as a result of an inspection under this chapter, the division shall provide a written notice of the discovery to the person that owns or controls the apiary.
(b) The notice must include the following:
(1) A description of the action needed to destroy or control the pest or pathogen.
(2) The date by which the action must be taken.
(c) The notice may provide that bees may not be sold or transported from the apiary until the pest or pathogen is successfully treated. The notice may require that bees shall be transferred to movable frame hives within a specified time and that, if the transfer is not performed as specified, the division director may order the destruction of all hives and bees dwelling in the hives.
(d) A written notice issued under this section is effective when served. A person who is aggrieved by the notice may request administrative review under IC 4-21.5-3-6. In addition, an aggrieved person may seek temporary relief from the notice under IC 4-21.5-4. Unless otherwise agreed by the parties, a hearing on temporary relief must be conducted within five (5) days of receipt of the hearing request in the county where the apiary is located.
[Pre-1995 Recodification Citation: 14-7-8-2.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 8. Apiaries › 14-24-8-3. Notices of Violation

Sec. 3. (a) The division may issue a notice of violation to a person against whom a written notice is directed under section 2 of this chapter if the person does not:
(1) comply with the directives contained in the notice; or
(2) request a hearing under section 2(d) of this chapter.
This subsection does not preclude the issuance of a notice of violation if the department receives a final determination in the department's favor from the review of a written notice issued under section 2 of this chapter.
(b) A notice of violation under subsection (a) may be accompanied by a civil penalty of not more than five hundred dollars ($500) for each day a violation continues.
(c) A notice of violation and penalty issued under this section is subject to IC 4-21.5-3-6.
[Pre-1995 Recodification Citation: 14-7-8-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 8. Apiaries › 14-24-8-4. Imported Beekeeping Elements

Sec. 4. (a) A beekeeper may not ship or bring elements of beekeeping into Indiana from another state or country unless the elements of beekeeping are accompanied by a permit issued by the division under this section.
(b) An application for a permit to ship elements of beekeeping into Indiana from another state or country must be on a commission form and accompanied by a certificate from the place of origin. The certificate must state that the following conditions have been met:
(1) The apiary from which elements of beekeeping, except queens and combless bees, are to be shipped was inspected not more than thirty (30) days before shipment.
(2) The apiary from which the queens or combless bees are to be shipped into Indiana was inspected not more than sixty (60) days before shipment.
(3) The inspection took place during active brood rearing and was found free of pests and pathogens.
(c) The permit application must state the approximate date of proposed entry into Indiana and the final destination of the shipment.
(d) The division may enter a written order for the removal of elements of beekeeping shipped into Indiana in violation of this section. A person in charge or in possession of property described in the order shall comply with the order as soon as practicable and not later than five (5) days after service.
(e) The division shall destroy elements of beekeeping shipped into Indiana that contain a pest or pathogen.
[Pre-1995 Recodification Citation: 14-7-8-4.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 8. Apiaries › 14-24-8-5. Noncompliance With Order to Destroy Pests or Pathogens

Sec. 5. (a) If a person in charge or in possession of elements of beekeeping does not carry out an order issued under:
(1) this chapter; or
(2) IC 14-7-8 (before its repeal);
the department may proceed to treat or destroy the elements of beekeeping that contain a pest or pathogen.
(b) The division director shall certify the expense incurred by the department to the county auditor of the county where the property is located. The county auditor shall place the certified amount upon the tax duplicate. The amount shall be collected at the same time and in the same manner that state and county taxes are collected and paid over to the department.
[Pre-1995 Recodification Citation: 14-7-8-5.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 9. Treatment Affidavits and Special Authorizations › 14-24-9-1. Affidavit Filed by Person Served With Notice or Order

Sec. 1. (a) If, as a result of an inspection under this article, a written notice or order is issued for the treatment, removal, or destruction of a plant or element of beekeeping, the division may require that an affidavit be filed by the person to whom the notice or order was issued.
(b) The affidavit described in subsection (a) shall be completed on a commission form and must specify the following:
(1) That the terms of the notice or order have been satisfied to the best of the affiant's ability.
(2) That the work was effective for the purpose prescribed.
[Pre-1995 Recodification Citation: 14-7-9-1.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 9. Treatment Affidavits and Special Authorizations › 14-24-9-2. Permit to Move Plants or Beekeeping Elements Containing Pests or Pathogens

Sec. 2. A person may not cause the movement of a plant or an element of beekeeping that contains a pest or pathogen without a permit issued by the division director. A permit issued under this section must provide adequate measures to assure that communication will not occur to areas that are not afflicted with a pest or pathogen.
[Pre-1995 Recodification Citation: 14-7-9-2.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 9. Treatment Affidavits and Special Authorizations › 14-24-9-3. Designation of Persons to Perform Inspections

Sec. 3. The director may appoint an agent, an employee, or a representative of the United States Department of Agriculture to perform, on behalf of the department, an inspection authorized by this article.
[Pre-1995 Recodification Citation: 14-7-9-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 10. Fees › 14-24-10-1. Fees Deposited in Entomology and Plant Pathology Fund

Sec. 1. (a) The department shall collect the following minimum fees:
(1) For each license issued to a dealer, fifty dollars ($50). However, a certified nurseryman who has paid an inspection fee may obtain a dealer's license for twenty dollars ($20).
(2) For the inspection of a nursery, fifty dollars ($50) plus an additional fee of three dollars ($3) for each acre of land containing nursery stock.
(b) Subject to IC 14-10-2-1, the commission may set the license and inspection fees above the minimum fees established in subsection (a).
(c) The fees collected under this section shall be deposited in the entomology and plant pathology fund established by section 3 of this chapter.
[Pre-1995 Recodification Citation: 14-7-10-1.]
As added by P.L.1-1995, SEC.17. Amended by P.L.186-2003, SEC.66; P.L.195-2017, SEC.38.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 10. Fees › 14-24-10-2. Fees for Special Services

Sec. 2. The division may collect fees for special services provided to a person who is not described in section 1 of this chapter. Fees collected under this section:
(1) must be prescribed by rule;
(2) may not exceed the expense incurred by the department to provide those services; and
(3) shall be deposited in the entomology and plant pathology fund.
[Pre-1995 Recodification Citation: 14-7-10-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 10. Fees › 14-24-10-3. Entomology and Plant Pathology Fund

Sec. 3. (a) The entomology and plant pathology fund is established for the purpose of assisting the division in carrying out the division's objectives. The department shall administer the fund.
(b) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1995 Recodification Citation: 14-7-10-4.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 10. Fees › 14-24-10-4. Internet Directory

Sec. 4. The department shall publish on the Internet a directory of persons who have obtained nursery certificates and nursery dealer licenses from the division under IC 14-24-5 and IC 14-24-7.
As added by P.L.186-2003, SEC.67.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 11. Offenses and Penalties › 14-24-11-1. Prohibitions

Sec. 1. A person who does any of the following violates this article:
(1) Sells, barters, or gives away a plant that contains a pest or pathogen that is likely to cause harm.
(2) Exposes an element of beekeeping to the danger of other bees or elements of beekeeping infected with disease.
(3) Conceals the presence of a pest or pathogen.
(4) Refuses to allow the department to inspect a site that the department is authorized to inspect under this article.
(5) Hinders or impedes the department in performing the department's duties under this article.
(6) Violates any of the following:
(A) This article.
(B) A rule adopted under this article.
(C) A notice or an order issued under this article or under IC 14-7 (before its repeal).
[Pre-1995 Recodification Citation: 14-7-11-1.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 11. Offenses and Penalties › 14-24-11-2. Revocation of Permit, Certification, or Other Authorization

Sec. 2. The commission may revoke a permit, certification, or other authorization issued under this article if the commission finds at least one (1) of the following:
(1) The permit, certification, or other authorization was issued as a result of fraud or misrepresentation by the recipient.
(2) The person who holds the permit, certification, or other authorization has violated any of the following:
(A) This article.
(B) A rule adopted under this article.
[Pre-1995 Recodification Citation: 14-7-11-2.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 11. Offenses and Penalties › 14-24-11-3. Civil Action to Restrain Violations

Sec. 3. The commission may bring a civil action in the name of the state through the attorney general, in a circuit or superior court having jurisdiction in a county in which the property involved is located or in which a person resides, to restrain the person from commencing or continuing to violate any of the following:
(1) This article.
(2) A rule adopted under this article.
(3) An order entered under this article or under IC 14-7 (before its repeal).
[Pre-1995 Recodification Citation: 14-7-11-3.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 11. Offenses and Penalties › 14-24-11-4. Violations

Sec. 4. (a) A person, other than the state or a political subdivision of the state, that recklessly disturbs or molests an apiary, a honeybee hive, a honeybee colony, or other honeybee habitat, natural or manmade, without the permission of the owner commits a Class B misdemeanor.
(b) A person who introduces a pest or pathogen into Indiana without a permit issued under:
(1) IC 14-7-9-2 (before its repeal); or
(2) IC 14-24-9-2;
commits a Class A infraction.
(c) Each day a violation occurs under this section is a separate offense.
[Pre-1995 Recodification Citation: 14-7-11-4.]
As added by P.L.1-1995, SEC.17. Amended by P.L.195-2014, SEC.21.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 24. Entomology and Plant Pathology › Chapter 11. Offenses and Penalties › 14-24-11-5. Assessment of Expenses

Sec. 5. If an order is issued:
(1) under this article or under IC 14-7 (before its repeal); or
(2) as a result of an administrative proceeding under this article or IC 14-7 (before its repeal);
the court or the director may assess against a party to the proceeding the costs and expenses, including attorney's fees, incurred by the person with respect to the proceedings, including a judicial review of a final agency action. The award of attorney's fees shall be based on a schedule of attorney's fees established by rules of the commission.
[Pre-1995 Recodification Citation: 14-7-11-5.]
As added by P.L.1-1995, SEC.17.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-1. Legislative Findings Regarding Use of Surface Waters

Sec. 1. The general welfare of the people of Indiana requires that:
(1) surface water resources of Indiana be put to beneficial uses to the fullest extent;
(2) the use of water for nonbeneficial uses be prevented; and
(3) public and private money for the promotion and expansion of the beneficial uses of surface water resources be invested to the end that the best interests and welfare of the people of Indiana will be served.
[Pre-1995 Recodification Citation: 13-2-1-1.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-2. Waters Declared Natural Resource

Sec. 2. (a) Water in a natural stream, natural lake, or another natural body of water in Indiana that may be applied to a useful and beneficial purpose is declared to be:
(1) a natural resource and public water of Indiana; and
(2) subject to control and regulation for the public welfare as determined by the general assembly.
(b) Diffused surface water flowing vagrantly over the surface of the ground is not considered to be public water. The owner of the land on which the water falls, pools, or flows has the right to use the water.
[Pre-1995 Recodification Citation: 13-2-1-2.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-3. Riparian Rights to Water for Domestic Purposes

Sec. 3. (a) The owner of land contiguous to or encompassing a public watercourse may use water from the public watercourse in the quantity necessary to satisfy the owner's needs for domestic purposes, including the following:
(1) Water for household purposes.
(2) Drinking water for livestock, poultry, and domestic animals.
(b) The use of water for domestic purposes has priority and is superior to all other uses.
[Pre-1995 Recodification Citation: 13-2-1-3(1).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-4. Impoundment of Excess Waters

Sec. 4. (a) This section applies to land contiguous to or encompassing a public watercourse.
(b) The:
(1) owner or group of owners of the land; or
(2) person, firm, limited liability company, corporation, unit of government, or association for irrigation or other purposes owning the land;
may impound the water behind a dam in the natural stream bed or on the owner's land or by pumping or diverting the water from a stream or lake to a reservoir when the flow in the stream or the level of the lake exceeds existing reasonable uses at the time of the impoundment.
(c) An obstruction placed across a natural stream must include an outlet facility for release of water that the owner is not entitled to use under this chapter. The owner shall operate the outlet in accordance with this section.
(d) Action by an owner or a group of owners under this section must be approved by the commission before the action is taken.
[Pre-1995 Recodification Citation: 13-2-1-3(2).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-5. Use of Increased Flowage of Waters Due to Release From Impoundment

Sec. 5. (a) A public utility, a person, a firm, a limited liability company, a corporation, a unit of government, or an association for irrigation or other purposes that creates additional stream volumes by releases from impoundments built and financed by the entity for the entity's purpose may use the increased flowage at all times. The amount of increased flowage shall be determined by well recognized engineering computations.
(b) Riparian owners do not have rights in increased flowage beyond normal stream flow.
[Pre-1995 Recodification Citation: 13-2-1-3(3).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-6. Standards of Measurement

Sec. 6. (a) The standard units for the measurement of the flow of water are a cubic foot per second and a gallon per minute.
(b) The standard units for the measurement of stored water are an acre-foot and a gallon.
(c) The standards and methods for the measurement of the volume of water flow that are either used or approved by the United States Geological Survey in cooperation with the various departments of the state and federal governments shall be accepted as prima facie reliable.
[Pre-1995 Recodification Citation: 13-2-1-5.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-7. Diversion of Floodwaters

Sec. 7. (a) Upon approval of the commission and subject to subsection (b), any person, whether or not the owner of land contiguous to or encompassing a watercourse, may divert the flood water of a watercourse for any useful purpose, including the purpose of storage.
(b) A diversion under this section may not cause injury to landowners or the users of water in the watershed of the watercourse from which the flood flow is diverted.
(c) This section does not limit:
(1) any rights granted under section 4 of this chapter or under IC 13-2-1-3(2) (before its repeal); or
(2) any other legal right existing on March 12, 1959, to divert and store water.
[Pre-1995 Recodification Citation: 13-2-1-6(1).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-8. Mediation of Disputes

Sec. 8. Whenever a dispute arises between the users of surface water in a watershed area, any party to the dispute may request that the commission mediate the dispute using the mediation provisions under IC 4-21.5-3.5.
[Pre-1995 Recodification Citation: 13-2-1-6(2).]
As added by P.L.1-1995, SEC.18. Amended by P.L.151-2012, SEC.30.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-9. Reports to Commission Regarding Volume of Water Used

Sec. 9. A person who uses ground water or surface water shall, when requested by the commission, report to the commission the volume of water used by the person in a specific period. The commission may, in the commission's rules, prescribe the method of making the reports.
[Pre-1995 Recodification Citation: 13-2-1-6(3).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-10. Public Policy Regarding Regulation of Public Waters

Sec. 10. The policy that surface waters of Indiana are declared to be public waters and subject to regulation by the general assembly is the accepted policy of the state. Users of surface waters who:
(1) institute withdrawal of water for artificial uses from a natural stream, natural lake, or other natural body of water; or
(2) increase artificial uses;
are subject to regulation of the uses or increased uses that are enacted into law by the general assembly.
[Pre-1995 Recodification Citation: 13-2-1-8.]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 1. Water Rights; Surface Water › 14-25-1-11. Findings; Requirements for Diversion of Water Outside the Basin; Rules

Sec. 11. (a) The general assembly finds that a diversion of water out of the basin, unless conducted under the Great Lakes—St. Lawrence River Basin Water Resources Compact, will impair or destroy the Great Lakes. The general assembly further finds that the regulation of a diversion of water from the basin is consistent with the mandate of the Preamble to and Article 14, Section 1 of the Constitution of the State of Indiana, the United States Constitution, and the federal legislation according to which Indiana was granted statehood.
(b) Water may not be diverted outside the basin from that part of the basin within Indiana unless the diversion is:
(1) approved by the governor of each Great Lakes state under 42 U.S.C. 1962d-20 (Water Resources Development Act); or
(2) conducted:
(A) after the effective date of; and
(B) in accordance with the requirements of;
the Great Lakes—St. Lawrence River Basin Water Resources Compact.
(c) The commission shall adopt rules necessary to implement this section.
[Pre-1995 Recodification Citation: 13-2-1-9.]
As added by P.L.1-1995, SEC.18. Amended by P.L.71-2004, SEC.2; P.L.4-2008, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-1. Provision of Minimum Stream Flow; Sale of Water

Sec. 1. (a) Except as provided in section 8 of this chapter, the commission may provide certain minimum quantities of stream flow or sell water on a unit pricing basis for water supply purposes from the water supply storage in reservoir impoundments or parts of the impoundments that are financed by the state. The water may be made available for direct withdrawal from the reservoir impoundment or released from the reservoir impoundment to create increased flowage beyond normal stream flow for use by the contracting party or purchaser at a downstream point. The withdrawals or releases may not exceed the storage allocated to water supply purposes in the authorizing legislation for water supply or multiple purpose reservoir projects.
(b) This section does not abrogate, limit, or affect in any manner prior or future sales of water from reservoirs constructed for or by the department in which adequate water for incidental water supply purposes is available.
[Pre-1995 Recodification Citation: 13-2-1-7(a).]
As added by P.L.1-1995, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-2. Contracts on Unit Pricing Basis

Sec. 2. (a) Except as provided in section 8 of this chapter and subject to section 2.5 of this chapter, the commission may contract with a person for the provision of certain minimum quantities of stream flow or for the sale of water on a unit pricing basis. A contract for the provision of minimum stream flows or for the sale of water on a unit pricing basis:
(1) must be executed by the commission; and
(2) is subject to approval by the following:
(A) The attorney general.
(B) The governor.
(C) The person desiring the use.
(b) A contract entered into under this chapter may not cover a period of more than fifty (50) years.
(c) Before the submission of the contract to the governor for approval, the commission shall submit a copy of the contract to the department. The department shall, within twenty (20) days of receipt, do the following:
(1) Prepare a memorandum relative to the effect that the contract might have on recreational facilities.
(2) Submit the memorandum to the governor for the governor's consideration.
[Pre-1995 Recodification Citation: 13-2-1-7(b).]
As added by P.L.1-1995, SEC.18. Amended by P.L.231-2007, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-3. Rate of Compensation

Sec. 3. A contract for the sale of water on a unit pricing basis that is entered into under this chapter or under IC 13-2-1-7 (before its repeal) after June 30, 1991, must provide for compensation to the state at the rate of not less than thirty-three dollars ($33) per one million (1,000,000) gallons of water.
[Pre-1995 Recodification Citation: 13-2-1-7(c).]
As added by P.L.1-1995, SEC.18. Amended by P.L.195-2017, SEC.39.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 25. Water Rights and Resources › Chapter 2. Minimum Stream Flow and Water Sale Contracts › 14-25-2-4. Water Resources Development Fund

Sec. 4. (a) As used in this section, "fund" refers to the water resources development fund created by this section.
(b) The water resources development fund is created. Money paid to the state under a contract entered into under this chapter shall be deposited in the fund.
(c) The proceeds of the fund do not revert to the state general fund but constitute a revolving fund to be used exclusively for the purposes of this chapter.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from the investments shall be deposited in the fund.
(e) Money in the fund may be used for any of the following purposes:
(1) The development of new reservoirs.
(2) The investigation, development, and improvement of existing reservoirs.
(3) The acquisition of easements or purchase in fee simple of land and property to be used as reservoir sites.
(4) The financing, construction, operation, and maintenance of reservoir impoundments or parts of impoundments for water supply storage and uses, either independently or in cooperation with any person.
(5) The investigation of water resource availability, quality, and water supply needs.
(6) Watershed protection.
(7) River enhancement.
(8) The preparation of a compilation and mapping of all community public water supplies under IC 14-25-7-13(d).
(9) The operation of the division of water.
(f) The department shall administer the fund.
[Pre-1995 Recodification Citation: 13-2-1-7(d) part.]
As added by P.L.1-1995, SEC.18. Amended by P.L.184-1995, SEC.1; P.L.186-2003, SEC.68.