reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-52. Rules

Sec. 52. The state chemist may adopt rules under IC 4-22-2 to administer this chapter, including rules providing for the following:
(1) The collection and examination of samples of pesticide products.
(2) Determining whether a pesticide product is highly toxic to humans or wildlife.
(3) The issuance of permits to purchase, possess, or use "restricted use pesticides".
(4) Determining standards of coloring or discoloring for pesticide products and to subject pesticide products to the requirements of section 57 of this chapter.
[Pre-2008 Recodification Citation: 15-3-3.5-11.]
As added by P.L.2-2008, SEC.7. Amended by P.L.249-2023, SEC.75.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-52.5. Restrictions on Rules Governing General Use Pesticide

Sec. 52.5. (a) Neither the board nor the state chemist may by rule or otherwise impose a requirement or limitation on the storage, distribution, use, application, or record keeping of a general use pesticide by:
(1) a certified applicator;
(2) a commercial applicator;
(3) a licensed applicator for hire;
(4) a licensed applicator not for hire;
(5) a licensed pesticide business;
(6) a licensed public applicator; or
(7) a private applicator;
that is more stringent than the requirements and limitations applicable under federal law, federal regulations, or Indiana statutory law to the general use pesticide or a pesticide product containing a general use pesticide and no restricted use pesticide.
(b) A rule or other requirement or limitation of the board in effect on June 30, 2023, that does not comply with this section is voided on July 1, 2023, to the extent it conflicts with this section.
As added by P.L.249-2023, SEC.76.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-53. Delegation of Duties

Sec. 53. The state chemist may delegate to an employee or agent any function that is vested in the state chemist by this chapter.
[Pre-2008 Recodification Citation: 15-3-3.5-35.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.66.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-54. Agreements With Other Agencies

Sec. 54. The state chemist may cooperate with and enter into agreements with:
(1) any other agency of this state;
(2) any federal agency; and
(3) any other state or agency of another state;
to carry out this chapter and apply uniform rules.
[Pre-2008 Recodification Citation: 15-3-3.5-36.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-55. Access to Pesticide Products

Sec. 55. The state chemist or the state chemist's agent may do the following:
(1) Enter any public or private premises, including any vehicle of transport during regular business hours:
(A) to:
(i) have access to; and
(ii) obtain samples of;
pesticide products; and
(B) to:
(i) examine; and
(ii) copy;
records relating to the production, use, transportation, and sale of pesticide products, subject to this chapter, the rules adopted under this chapter, and the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(2) Enter at a reasonable time in or upon any:
(A) private; or
(B) public;
property for the purpose of inspection and investigating conditions possibly resulting from the use or misuse of a pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.5-18.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.67; P.L.99-2012, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-56. Pesticide Products That Are Considered to Be the Same

Sec. 56. For more than one (1) pesticide product to be considered the same pesticide product, each pesticide product must exhibit the same:
(1) product name;
(2) registrant name;
(3) United States Environmental Protection Agency registration number, if applicable;
(4) labeling, claims, and branding; and
(5) ingredient statement.
[Pre-2008 Recodification Citation: 15-3-3.5-2.3.]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-57. Prohibited Acts; Production, Distribution, Display, and Sale

Sec. 57. Except as provided in section 58 of this chapter, a person may not produce, distribute, display, sell, or offer for sale within Indiana or deliver for transportation or transport in intrastate commerce or between points within Indiana through any point outside Indiana any of the following:
(1) Any pesticide product that has not been registered under section 61 of this chapter.
(2) Any pesticide product if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration.
(3) A pesticide product if the composition of the product differs from the composition as represented in connection with its registration. However, at the discretion of the state chemist, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.
(4) Any pesticide product (except a bulk pesticide or a pesticide in a container designed and constructed to accommodate the return and refill of the container) unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to that container, and to any outside container or wrapper of the retail package through which the required information on the immediate container cannot be clearly read, a label bearing:
(A) the name and address of the manufacturer, registrant, or person for whom manufactured;
(B) the name, brand, or trademark under which the pesticide product is sold; and
(C) the net weight or measure of the content, subject, however, to reasonable variations as the state chemist may permit.
(5) Any pesticide product that is adulterated or misbranded.
(6) Any pesticide product in containers violating rules adopted under section 50(b)(2) of this chapter. Pesticides found in containers that are unsafe due to damage may be seized and impounded.
(7) A highly volatile herbicide except on written permission by the state chemist.
(8) Any bulk pesticide unless it is accompanied in all transfers of custody or ownership by or held in storage vessels to which is affixed a label bearing the information specified in subdivision (4).
(9) Any pesticide that violates the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or regulations adopted under the Act.
[Pre-2008 Recodification Citation: 15-3-3.5-3.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.68; P.L.99-2012, SEC.10; P.L.249-2023, SEC.77.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-58. Exemptions; Transporting; Public Officials

Sec. 58. Section 57 of this chapter does not apply to:
(1) any carrier while lawfully engaged in transporting a pesticide product in Indiana if the carrier, upon request, permits the state chemist or the state chemist's designated agent to copy all records showing the transactions in and movement of the pesticide products; or
(2) public officials of Indiana and the federal government engaged in the performance of their official duties.
[Pre-2008 Recodification Citation: 15-3-3.5-29.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-59. Prohibited Acts; Use

Sec. 59. A person may not:
(1) detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter;
(2) add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;
(3) use for the person's own advantage or reveal, other than to:
(A) the state chemist;
(B) proper officials;
(C) employees of the state;
(D) the courts of this state in response to a subpoena;
(E) physicians; or
(F) pharmacists and other qualified persons for use in emergencies in the preparation of antidotes;
any information relative to formulas of products acquired by authority of section 61 or 64 of this chapter;
(4) use or cause to be used any pesticide contrary to section 50 of this chapter;
(5) use a highly volatile herbicide except on written permission by the state chemist; or
(6) neglect, or after notice, refuse to comply with this chapter, the rules adopted under this chapter, or a lawful order of the state chemist or board.
[Pre-2008 Recodification Citation: 15-3-3.5-4.]
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.11.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-60. Exemptions; Used for Research

Sec. 60. Section 59(4) of this chapter does not apply to pesticides used in research by:
(1) the United States Department of Agriculture;
(2) the United States Department of Interior;
(3) the Purdue University agricultural research programs; or
(4) other persons who are qualified researchers as approved by the board.
[Pre-2008 Recodification Citation: 15-3-3.5-30.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-61. Pesticide Registration

Sec. 61. (a) Each pesticide product that is:
(1) produced, distributed, sold, displayed, or offered for sale within Indiana; or
(2) delivered for transportation or transported:
(A) in intrastate commerce; or
(B) between points within Indiana through any point outside Indiana;
must be registered in the office of the state chemist.
(b) The application for registration must be made on a form provided by the state chemist that includes the following information:
(1) The name and address of the:
(A) applicant; and
(B) person whose name will appear on the label, if a person other than the applicant.
(2) The complete brand name of the pesticide product.
(3) A complete copy of the labeling accompanying the pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.5-5.]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.8.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-62. Fees; Disposition

Sec. 62. (a) Each registrant shall pay an annual, nonrefundable application fee of one hundred seventy dollars ($170) for each application for each pesticide product submitted for registration or reregistration.
(b) Each registration expires January 1 of each year.
(c) All fees collected by the state chemist under this chapter shall be paid to the treasurer of Purdue University, who shall deposit the fees in a special restricted account designated by the treasurer of the board of trustees of Purdue University.
(d) From the account described in subsection (c), the treasurer shall pay all expenses incurred in administering this chapter, including expenses for the following:
(1) The employment of:
(A) inspectors;
(B) investigators;
(C) researchers;
(D) analysts;
(E) administrators; and
(F) clerical and service staff.
(2) Expenses in procuring samples and printing results of inspections.
(3) Purchasing:
(A) supplies;
(B) equipment; and
(C) services.
(4) Necessary remodeling.
(5) Other expenses of the office of the state chemist.
(6) The transfer of ten dollars ($10) from each fee paid under subsection (a) on an annual basis to the office of Purdue pesticide programs to provide education about the safe and effective use of pesticides.
The treasurer is not required to use any other funds, except those collected as registration fees, to pay any expenses incurred in the administration of this chapter. The dean of agriculture shall make an annual financial report to the governor showing total receipts and expenditures of all fees received under this chapter.
(e) A registrant who registers or pays an annual fee after December 31 of any year shall pay a late fee of one hundred seventy dollars ($170) as well as the annual fee.
(f) Excess funds from the collection of fees under this chapter are subject to IC 15-16-2-36.
[Pre-2008 Recodification Citation: 15-3-3.5-6.]
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.12; P.L.91-2020, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-63. Registration Fees Apply to Commercial Fertilizers That Contain Pesticides

Sec. 63. The registration fee provisions of section 62 of this chapter apply to commercial fertilizers containing pesticides.
[Pre-2008 Recodification Citation: 15-3-3.5-32.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-64.5. Appeals

Sec. 64.5. (a) A person who is:
(1) regulated under this chapter; and
(2) aggrieved by any decision of the state chemist;
may obtain a review by the board if the person files a written petition with the board not later than thirty (30) days after the state chemist's decision.
(b) The board shall provide a copy of a petition filed under subsection (a) to the state chemist not later than seven (7) days after receiving the petition.
(c) Not more than fifteen (15) days after receiving a petition under subsection (b), the state chemist shall certify and file with the board a transcript of any record related to the petition, including a transcript of any evidence received.
(d) Whenever a hearing is held under this section, the board may designate one (1) or more persons as the board's agent or representative to conduct the hearing. The agent or representative shall conduct the hearing in the manner provided by IC 4-21.5-3.
(e) After hearing the appeal, the board shall affirm, set aside, or modify the action of the state chemist. However, the state chemist's finding of facts that are supported by the substantial evidence is considered conclusive.
(f) A person aggrieved by any action of the board may obtain judicial review under IC 4-21.5-5.
As added by P.L.120-2008, SEC.70.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-65. Confidential Information

Sec. 65. The state chemist may, by rule, declare that information required under this chapter is confidential.
[Pre-2008 Recodification Citation: 15-3-3.5-22.1.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-66. Distribution of Unregistered, Adulterated, and Misbranded Products Prohibited

Sec. 66. A person may not distribute:
(1) an unregistered pesticide product;
(2) an adulterated pesticide product; or
(3) a misbranded pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.5-18.1.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-67. Handling and Storage

Sec. 67. A person may not produce, handle, transport, store, display, or distribute pesticide products in a manner as to endanger:
(1) humans;
(2) the environment;
(3) food;
(4) feed; or
(5) any other products that may be:
(A) transported;
(B) stored;
(C) displayed; or
(D) distributed;
with pesticide products.
[Pre-2008 Recodification Citation: 15-3-3.5-33.]
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.13.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-68. Disposal and Storage

Sec. 68. A person may not dispose of, discard, or store any pesticide products or pesticide containers in a manner that may cause injury to:
(1) humans;
(2) plants;
(3) animals;
(4) wildlife;
(5) lands; or
(6) waters;
except the pests that pesticide products are intended to prevent, destroy, control, or mitigate.
[Pre-2008 Recodification Citation: 15-3-3.5-34.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-70. Examination of Pesticide Products; Proceedings; Prosecution

Sec. 70. (a) The examination of pesticide products shall be made under the direction of the state chemist to determine whether the pesticide products comply with this chapter.
(b) If it appears after an examination that a pesticide product fails to comply with this chapter and the state chemist contemplates instituting proceedings against any person, the state chemist shall give appropriate notice to the person.
(c) A person notified under subsection (b) shall be given an opportunity to present the person's views, either orally or in writing, with regard to the contemplated proceedings to the state chemist.
(d) Subject to subsection (e), if the state chemist determines that a person violated this chapter, the state chemist may refer the facts to the prosecuting attorney for the county in which the violation occurred with a copy of the results of the analysis or the examination of the pesticide product.
(e) This chapter may not be construed to require the state chemist to report for prosecution or for the institution of other proceedings minor violations of this chapter whenever the state chemist believes that the public interests will be best served by other action.
[Pre-2008 Recodification Citation: 15-3-3.5-19.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.71.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-71. Injunctions

Sec. 71. (a) The state chemist may apply for a:
(1) temporary; or
(2) permanent;
injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under the chapter notwithstanding the existence of other remedies at law.
(b) A court may grant a:
(1) temporary; or
(2) permanent;
injunction that the state chemist applies for under subsection (a).
(c) An injunction granted under this section shall be issued without bond.
[Pre-2008 Recodification Citation: 15-3-3.5-23.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-72. Publication of Judgments

Sec. 72. The state chemist shall publish, in a form the state chemist considers proper, notice of all the judgments entered in actions instituted under the authority of this chapter.
[Pre-2008 Recodification Citation: 15-3-3.5-24.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-73. Stop Sale Orders; Notification

Sec. 73. (a) Except as provided in subsection (f), if the state chemist:
(1) finds any pesticide product:
(A) upon any premises; or
(B) in any means of conveyance;
where it is held for purposes of, or during or after, distribution or sale; and
(2) determines that the pesticide product:
(A) is in violation of this chapter; or
(B) has been or is intended to be:
(i) distributed;
(ii) sold; or
(iii) used;
in violation of this chapter;
the state chemist may issue an order under subsection (b).
(b) The state chemist may issue a written or printed:
(1) stop sale;
(2) use; or
(3) removal;
order to the owner or custodian of a pesticide product.
(c) Except as provided in subsection (d), after receiving an order under subsection (b), the owner or custodian of a pesticide product may not:
(1) sell;
(2) use; or
(3) remove;
the pesticide product described in the order.
(d) The owner or custodian of a pesticide product who receives an order under subsection (b) may:
(1) sell;
(2) use; or
(3) remove;
the pesticide product only in accordance with the order or until the pesticide product is released in writing by the state chemist or by order of a court.
(e) When a stop sale order is issued under subsection (b), the state chemist shall issue a notification to the dealer or registrant of the pesticide product within thirty (30) days that states the following:
(1) A stop sale order has been issued on the pesticide product.
(2) A reference to the specific language of the law or rule that is believed to have been violated.
(f) Labels of pesticide devices may be submitted to the state chemist for evaluation of the need for registration under this chapter before the sale of the pesticide device.
[Pre-2008 Recodification Citation: 15-3-3.5-25.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.72; P.L.91-2020, SEC.12.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-74. Condemnation and Confiscation

Sec. 74. (a) The state chemist may file a claim in accordance with subsection (b) to condemn any pesticide product that is:
(1) distributed, sold, or offered for sale in Indiana; or
(2) delivered for transportation or transported:
(A) in intrastate commerce; or
(B) between points;
within Indiana through any point outside Indiana;
in any court with jurisdiction in any county of the state where the product is found and seized.
(b) A claim may be filed under subsection (a) if:
(1) the pesticide product is adulterated or misbranded;
(2) the pesticide product has not been registered under section 61 or 62 of this chapter;
(3) the pesticide product fails to bear on its label the information required by this chapter;
(4) the pesticide product is a white powder pesticide product and is not colored as required under this chapter; or
(5) any of the claims made for the pesticide product or any of the directions for its use differ in substance from the representations made in connection with its registration.
[Pre-2008 Recodification Citation: 15-3-3.5-26.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-75. Condemned Pesticides Disposal

Sec. 75. (a) If a pesticide product is condemned under this chapter, the court shall enter a decree ordering the:
(1) disposal;
(2) destruction; or
(3) sale;
as the court may direct.
(b) If the pesticide product is sold under subsection (a), the proceeds, less legal costs, shall be paid to the state chemist.
(c) A pesticide product described in subsection (a) may not be sold except as provided for in this chapter.
(d) After:
(1) payment of costs; and
(2) execution and delivery of a good and sufficient bond that stipulates that the pesticide product may not be disposed of unlawfully;
the court may direct that the pesticide product be delivered to the owner of the pesticide product for relabeling or reprocessing.
[Pre-2008 Recodification Citation: 15-3-3.5-27.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-76. Condemnation Costs

Sec. 76. Whenever a decree of condemnation is entered under section 75(a) of this chapter against a pesticide product:
(1) court costs;
(2) fees;
(3) storage costs; and
(4) other proper expenses;
shall be awarded against the person, if any, intervening as claimant of the pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.5-28.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-77. Offenses

Sec. 77. A person who recklessly, knowingly, or intentionally:
(1) violates this chapter; or
(2) impedes or prevents the state chemist or the state chemist's authorized agent in performance of the state chemist's duty in connection with this chapter;
commits a Class C misdemeanor, except as provided in section 78 of this chapter.
[Pre-2008 Recodification Citation: 15-3-3.5-21.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-78. Offenses; Fraud

Sec. 78. A person who, with intent to defraud:
(1) uses; or
(2) reveals;
information relative to formulas of products acquired under authority of section 64 of this chapter commits a Class A misdemeanor.
[Pre-2008 Recodification Citation: 15-3-3.5-22.]
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 › 15-16-5-0.5. "Adverse Effect"

Sec. 0.5. As used in this chapter, "adverse effect" has the meaning set forth in IC 15-16-4-3.5.
As added by P.L.76-2021, SEC.3.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-1. "Agricultural Commodity"

Sec. 1. As used in this chapter, "agricultural commodity" means any plant or part of a plant and animals or animal products produced primarily for sale, consumption, propagation, or other use by humans or animals.
[Pre-2008 Recodification Citation: 15-3-3.6-2(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 › 15-16-5-2. "Animal"

Sec. 2. As used in this chapter, "animal" means all vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish.
[Pre-2008 Recodification Citation: 15-3-3.6-2(2).]
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 › 15-16-5-3. "Beneficial Insects"

Sec. 3. As used in this chapter, "beneficial insects" means insects that, during some part of their life cycles, are effective pollinators of plants, are parasites or predators of pests, or are useful to humans.
[Pre-2008 Recodification Citation: 15-3-3.6-2(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 › 15-16-5-4. "Board"

Sec. 4. As used in this chapter, "board" means the Indiana pesticide review board established by IC 15-16-4-42.
[Pre-2008 Recodification Citation: 15-3-3.6-2(4).]
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 › 15-16-5-5. "Certificate of Financial Responsibility"

Sec. 5. As used in this chapter, "certificate of financial responsibility" means a notarized statement from an officer of a bank or other financial institution attesting to the fact that a licensee under this chapter has adequate financial resources equal to the amount of liability insurance or bonding required by rule under section 58 of this chapter to protect persons who may suffer legal damages as a result of the applicator's pesticide operations or the pest inspector's inspections.
[Pre-2008 Recodification Citation: 15-3-3.6-2(30).]
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 › 15-16-5-6. "Certified Applicator"

Sec. 6. As used in this chapter, "certified applicator" means any individual who is certified under this chapter as qualified to use or supervise the use of pesticides and has been issued a license or permit as evidence of the individual's qualifications.
[Pre-2008 Recodification Citation: 15-3-3.6-2(5).]
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 › 15-16-5-7. "Commercial Applicator"

Sec. 7. As used in this chapter, "commercial applicator" means a certified applicator, whether or not a private applicator with respect to some uses, who uses or supervises the use of pesticide products for any purpose or on any property other than as provided by section 30 of this chapter.
[Pre-2008 Recodification Citation: 15-3-3.6-2(7).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.13.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-8. "Defoliant"

Sec. 8. As used in this chapter, "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
[Pre-2008 Recodification Citation: 15-3-3.6-2(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 › 15-16-5-9. "Desiccant"

Sec. 9. As used in this chapter, "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.
[Pre-2008 Recodification Citation: 15-3-3.6-2(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 › 15-16-5-10. "Device"

Sec. 10. As used in this chapter, "device" has the meaning set forth in IC 15-16-4-10.
[Pre-2008 Recodification Citation: 15-3-3.6-2(10).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.14.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-11. "Distribute"

Sec. 11. As used in this chapter, "distribute" means to offer for sale, sell, exchange, or barter, or supply or offer to supply a pesticide.
[Pre-2008 Recodification Citation: 15-3-3.6-2(11).]
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 › 15-16-5-12. "Environment"

Sec. 12. As used in this chapter, "environment" includes water, air, land, and all plants and humans and other animals living in water, air, or on land and the interrelationships that exist among these.
[Pre-2008 Recodification Citation: 15-3-3.6-2(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 › 15-16-5-13. "Equipment"

Sec. 13. As used in this chapter, "equipment" means any type of ground, water, or aerial apparatus or contrivance using motorized, mechanical, or pressurized power to apply any pesticide.
[Pre-2008 Recodification Citation: 15-3-3.6-2(13).]
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 › 15-16-5-14. "Fungus"

Sec. 14. As used in this chapter, "fungus" means any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, including:
(1) rust;
(2) smut;
(3) mildew;
(4) mold;
(5) yeast; and
(6) bacteria;
except those on or in living humans or other animals, and those on or in processed food, beverages, or pharmaceuticals.
[Pre-2008 Recodification Citation: 15-3-3.6-2(14).]
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 › 15-16-5-15. "Insect"

Sec. 15. As used in this chapter, "insect" means any small invertebrate animal:
(1) generally having the body more or less obviously segmented;
(2) for the most part belonging to the class Insecta; and
(3) comprising:
(A) six (6) legged usually winged forms, including beetles, bugs, bees, flies; or
(B) other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, including spiders, mites, ticks, centipedes, and wood lice.
[Pre-2008 Recodification Citation: 15-3-3.6-2(15).]
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 › 15-16-5-16. "Licensed Applicator for Hire"

Sec. 16. As used in this chapter, "licensed applicator for hire" means any licensed certified commercial applicator who is employed by a licensed pesticide business to use or to supervise the use of any pesticide product on the property of another and who has assumed direct responsibility for the use or supervision of the use of pesticide products by the business.
[Pre-2008 Recodification Citation: 15-3-3.6-2(17).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.15.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-17. "Licensed Applicator Not for Hire"

Sec. 17. As used in this chapter, "licensed applicator not for hire" means a licensed certified commercial applicator who is employed by a private employer to use or supervise the use of a restricted use pesticide only on the property of the employer. The term includes a commercial applicator using a pesticide in a potentially hazardous situation or site as determined by the board.
[Pre-2008 Recodification Citation: 15-3-3.6-2(32).]
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 › 15-16-5-18. "Licensed Pest Inspector"

Sec. 18. As used in this chapter, "licensed pest inspector" means an individual licensed under this chapter to make diagnostic inspections or reports to determine infestations of wood destroying pests on the property of another person and meets the requirements under section 58 of this chapter.
[Pre-2008 Recodification Citation: 15-3-3.6-2(38).]
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 › 15-16-5-19. "Licensed Pesticide Business"

Sec. 19. As used in this chapter, "licensed pesticide business" means any licensed person that owns, operates, or manages a business that is engaged in or professes to be engaged in:
(1) using any pesticide product, including restricted use pesticides; or
(2) making diagnostic inspections or reports to determine infestations of wood destroying pests.
[Pre-2008 Recodification Citation: 15-3-3.6-2(16).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.16.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-20. "Licensed Public Applicator"

Sec. 20. As used in this chapter, "licensed public applicator" means a licensed certified commercial applicator who uses or supervises the use of a restricted use pesticide as an employee of a state agency, municipal corporation, or other governmental agency. The term includes a commercial applicator using a pesticide in a potentially hazardous situation or site as determined by the board.
[Pre-2008 Recodification Citation: 15-3-3.6-2(18).]
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 › 15-16-5-21. "Nematode"

Sec. 21. As used in this chapter, "nematode", commonly known as a nema or an eelworm, means an invertebrate animal of the phylum nemathelminthes and class nematoda that is an unsegmented roundworm:
(1) with an elongated, fusiform, or saclike body covered with cuticle; and
(2) that inhabits soil, water, plants, or plant parts.
[Pre-2008 Recodification Citation: 15-3-3.6-2(19).]
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 › 15-16-5-22. "Permit"

Sec. 22. As used in this chapter, "permit" means a written certificate issued by the state chemist or the state chemist's agent to a private applicator, authorizing the purchase, possession, or use of restricted use pesticides.
[Pre-2008 Recodification Citation: 15-3-3.6-2(20).]
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 › 15-16-5-23. "Person"

Sec. 23. As used in this chapter, "person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not.
[Pre-2008 Recodification Citation: 15-3-3.6-2(21).]
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 › 15-16-5-24. "Pest"

Sec. 24. As used in this chapter, "pest" means:
(1) any insect, rodent, nematode, fungus, or weed; or
(2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living humans or other living animals) that is declared to be a pest by the administrator of the United States Environmental Protection Agency or by the board.
[Pre-2008 Recodification Citation: 15-3-3.6-2(22).]
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 › 15-16-5-25. "Pesticide"

Sec. 25. As used in this chapter, "pesticide" means:
(1) any substance or mixture of substances intended for:
(A) preventing;
(B) destroying;
(C) repelling; or
(D) mitigating;
a pest; or
(2) any substance or mixture of substances intended for use as a:
(A) plant regulator;
(B) defoliant; or
(C) desiccant.
[Pre-2008 Recodification Citation: 15-3-3.6-2(23).]
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 › 15-16-5-26. "Pesticide Consultant"

Sec. 26. As used in this chapter, "pesticide consultant" means a person engaged in the retail sale of pesticides who:
(1) offers or supplies technical advice to;
(2) aids; or
(3) makes recommendations to;
another person concerning the use of a pesticide as part of business.
[Pre-2008 Recodification Citation: 15-3-3.6-2(33).]
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 › 15-16-5-27. "Pesticide Formulation"

Sec. 27. As used in this chapter, "pesticide formulation" means a pesticide product comprised of all active ingredients and inert ingredients.
[Pre-2008 Recodification Citation: 15-3-3.6-2(34).]
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 › 15-16-5-28. "Pesticide Product"

Sec. 28. As used in this chapter, "pesticide product" means a pesticide or device offered for distribution or use, including any labeling.
[Pre-2008 Recodification Citation: 15-3-3.6-2(35).]
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 › 15-16-5-29. "Plant Regulator"

Sec. 29. As used in this chapter, "plant regulator" has the meaning set forth in IC 15-16-4-34.
[Pre-2008 Recodification Citation: 15-3-3.6-2(24).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.17.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-30. "Private Applicator"

Sec. 30. As used in this chapter, "private applicator" means a certified applicator who uses or supervises the use of pesticides for purposes of producing any agricultural commodity on property owned, rented, or managed by the employer or the applicator, if applied without compensation on the property of another person.
[Pre-2008 Recodification Citation: 15-3-3.6-2(6).]
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 › 15-16-5-31. "Property"

Sec. 31. As used in this chapter, "property" means all:
(1) land and water areas, including airspace; and
(2) plants, animals, structures, buildings, contrivances, vehicles, and machinery, appurtenant to or situated on land and water areas, fixed or mobile, including any used for transportation.
[Pre-2008 Recodification Citation: 15-3-3.6-2(25).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.73.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-32. "Registered Pesticide Dealer"

Sec. 32. As used in this chapter, "registered pesticide dealer" means any person who distributes any restricted use pesticide.
[Pre-2008 Recodification Citation: 15-3-3.6-2(31).]
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 › 15-16-5-33. "Registered Technician"

Sec. 33. As used in this chapter, "registered technician" means a person who:
(1) is not licensed under this chapter;
(2) has registered with the state chemist; and
(3) is authorized to engage in pesticide use and related activities under the direct supervision of a licensed and certified applicator.
[Pre-2008 Recodification Citation: 15-3-3.6-2(36).]
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 › 15-16-5-34. "Restricted Use Pesticide"

Sec. 34. As used in this chapter, "restricted use pesticide" has the meaning set forth in IC 15-16-4-37.
[Pre-2008 Recodification Citation: 15-3-3.6-2(26).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.18.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-35. "Unreasonable Adverse Effects on the Environment"

Sec. 35. As used in this chapter, "unreasonable adverse effects on the environment" means an unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
[Pre-2008 Recodification Citation: 15-3-3.6-2(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 › 15-16-5-36. "Use"

Sec. 36. As used in this chapter, "use" means an act of handling, releasing, or exposing individuals or the environment to a pesticide. The term includes the following:
(1) Application or supervision of an application of a pesticide, including mixing or loading the pesticide.
(2) Storage of pesticides and pesticide containers by the intended applicator of the pesticides.
(3) Transportation of pesticides and pesticide containers by the intended applicator of the pesticides.
(4) Disposal of pesticides and pesticide containers by the intended applicator of the pesticides.
[Pre-2008 Recodification Citation: 15-3-3.6-2(37).]
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 › 15-16-5-37. "Weed"

Sec. 37. As used in this chapter, "weed" means any plant that grows where the plant is not wanted.
[Pre-2008 Recodification Citation: 15-3-3.6-2(28).]
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 › 15-16-5-38. "Wildlife"

Sec. 38. As used in this chapter, "wildlife" means all living things that are not human, domesticated, or pests. This term includes mammals, birds, reptiles, and aquatic life.
[Pre-2008 Recodification Citation: 15-3-3.6-2(29).]
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 › 15-16-5-39. Administration of Chapter

Sec. 39. This chapter shall be administered by the state chemist.
[Pre-2008 Recodification Citation: 15-3-3.6-1.]
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 › 15-16-5-39.6. Working Group; Report

Sec. 39.6. The board shall establish a working group to review civil penalties. Before December 1, 2020, the working group shall make recommendations concerning civil penalties to the:
(1) board; and
(2) general assembly in an electronic format under IC 5-14-6.
As added by P.L.91-2020, SEC.19.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-40. Delegation of Powers

Sec. 40. The state chemist may delegate to an employee or agent any function that is vested in the state chemist by this chapter.
[Pre-2008 Recodification Citation: 15-3-3.6-25.]
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 › 15-16-5-41. Rules; Confidentiality

Sec. 41. The state chemist may adopt rules to declare that information required to be submitted under this chapter is confidential.
[Pre-2008 Recodification Citation: 15-3-3.6-16.1.]
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 › 15-16-5-42. Reciprocity; Waiver of Requirements

Sec. 42. The state chemist may waive all or part of the requirements provided for in sections 45, 46, 48, 49, 50, 51, 52, 54, 56, and 57 of this chapter on a reciprocal basis with any other state agency or federal agency that has substantially the same standards.
[Pre-2008 Recodification Citation: 15-3-3.6-22.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.74; P.L.99-2012, SEC.14.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 5. Pesticide Use and Application › 15-16-5-43. Instruction and Training in Pesticide Use

Sec. 43. In concurrence with the state chemist, the Purdue University cooperative extension service shall organize and conduct programs of instruction and training in areas of knowledge required in this chapter. Where appropriate and feasible, the Purdue University cooperative extension service shall draw upon the resources and expertise of other educational institutions and the private sector in this effort.
[Pre-2008 Recodification Citation: 15-3-3.6-23.]
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 › 15-16-5-44. Rules; Use; Application; Inspections

Sec. 44. (a) The board may adopt rules under IC 4-22-2 prescribing policies and procedures relating to:
(1) the use and application of pesticides; and
(2) diagnostic inspections and reports for wood destroying pests.
(b) For the purpose of uniformity and in order to enter into both cooperative and reciprocal agreements, the board may adopt restricted use pesticide classifications as determined by the United States Environmental Protection Agency. The state chemist may adopt additional rules under IC 4-22-2 as required to accomplish the purpose of this chapter.
(c) Rules adopted under this chapter may not permit any pesticide use that is prohibited by federal law and regulations or orders issued under federal law.
[Pre-2008 Recodification Citation: 15-3-3.6-4.]
As added by P.L.2-2008, SEC.7.