reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 2. Commercial Fertilizers › 15-16-2-46. Stop Sale, Use, or Removal Orders

Sec. 46. (a) If the state chemist determines that a commercial fertilizer is being offered for sale in violation of this chapter, the state chemist may issue to and enforce upon the owner or custodian:
(1) a written or printed stop sale, use, or removal order; and
(2) a written or printed order to hold the commercial fertilizer at a designated place until:
(A) the owner or custodian complies with this chapter;
(B) the state chemist releases the commercial fertilizer in writing; or
(C) the violation is legally disposed of by written authority.
(b) The state chemist shall release commercial fertilizer withdrawn under subsection (a) when:
(1) the owner or custodian complies with this chapter; and
(2) all costs and expenses incurred in connection with the withdrawal have been paid.
[Pre-2008 Recodification Citation: 15-3-3-13.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.29.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 2. Commercial Fertilizers › 15-16-2-47. Seizure of Commercial Fertilizer; Condemnation and Disposal; Release of Commercial Fertilizer

Sec. 47. (a) Any commercial fertilizer not in compliance with this chapter is subject to seizure based on a complaint of the state chemist filed in a court with jurisdiction in the area in which the commercial fertilizer is located.
(b) Subject to subsection (a), if the court finds the commercial fertilizer is in violation of this chapter and orders the condemnation of the commercial fertilizer, the commercial fertilizer must be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state.
(c) A court may not order the disposition of the commercial fertilizer without first giving the claimant an opportunity to apply to the court for:
(1) release of the commercial fertilizer; or
(2) permission to process or relabel the commercial fertilizer to bring it into compliance with this chapter.
[Pre-2008 Recodification Citation: 15-3-3-14.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.30.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 2. Commercial Fertilizers › 15-16-2-48. Repealed

[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-15(a); subsection (b) formerly 15-3-3-15(b).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.81-2009, SEC.33.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 2. Commercial Fertilizers › 15-16-2-49. Injunctions

Sec. 49. The state chemist may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter. The injunction shall be issued without bond. The remedies under this subsection are supplemental to other remedies allowed under this section or other law.
[Pre-2008 Recodification Citation: 15-3-3-15(c).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 2. Commercial Fertilizers › 15-16-2-49.5. Violations; Penalties

Sec. 49.5. (a) If a person violates this chapter or a rule adopted under this chapter, the state chemist may:
(1) warn, issue a citation to, or impose a civil penalty on the person; or
(2) deny, suspend, revoke, or amend the person's registration under this chapter.
(b) The state chemist shall adopt by rule, under IC 4-22-2, a schedule of civil penalties that may be imposed under subsection (a). The state chemist may impose a civil penalty only according to a schedule of civil penalties recommended by the board.
(c) A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor.
As added by P.L.120-2008, SEC.59. Amended by P.L.81-2009, SEC.31.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 2. Commercial Fertilizers › 15-16-2-50. Regulation by Political Subdivision Prohibited; Petition; Hearing

Sec. 50. (a) Except as provided in subsection (b), a political subdivision (as defined in IC 36-1-2-13) does not have authority to regulate by ordinance the storage or use of fertilizer material.
(b) A political subdivision may, by resolution, petition the state chemist for a hearing to allow a waiver to adopt an ordinance because of special circumstances relating to the storage or use of fertilizer material. If a petition is received, the state chemist shall hold a public hearing to consider allowing the waiver requested. The public hearing must be conducted in an informal manner. IC 4-21.5 does not apply to a public hearing under this section.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-12.5(c); subsection (b) formerly 15-3-3-12.5(d).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.32.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-1. Application of Ic 15-16-2; Exemptions

Sec. 1. (a) Except as provided in subsection (b), IC 15-16-2 applies to a licensee.
(b) A licensee is not required to:
(1) register tank mixed liquid fertilizer grades under IC 15-16-2-31; and
(2) pay an inspection fee and file for a permit to report tonnage under IC 15-16-2-33 and IC 15-16-2-34;
when the licensee is engaged in lawn care service.
[Pre-2008 Recodification Citation: 15-3-3.3-1.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-2. Application of Definitions

Sec. 2. The definitions in IC 15-16-2 apply throughout this chapter.
[Pre-2008 Recodification Citation: 15-3-3.3-2.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-3. "Label"

Sec. 3. As used in this chapter, "label" means:
(1) written material;
(2) printed material;
(3) graphic material; or
(4) any other statement;
accompanying a fertilizer.
[Pre-2008 Recodification Citation: 15-3-3.3-3.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-4. "Lawn Care Service"

Sec. 4. As used in this chapter, "lawn care service" means service provided to private, institutional, or commercial entities for compensation to maintain and nourish:
(1) turf;
(2) shrubbery;
(3) trees; and
(4) other plants;
commonly associated with private, institutional, or commercial lawns. The term includes the application of commercial fertilizer individually or in combination with a pesticide (as defined in IC 15-16-4-30).
[Pre-2008 Recodification Citation: 15-3-3.3-4.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-5. "Licensee"

Sec. 5. As used in this chapter, "licensee" means a person who has been issued a license under this chapter.
[Pre-2008 Recodification Citation: 15-3-3.3-5.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-6. "Tank Mixed Liquid Fertilizer"

Sec. 6. As used in this chapter, "tank mixed liquid fertilizer" means a fluid mixture of commercial fertilizer and water in which the total nutrient content of the mixture does not exceed the amount determined under rules adopted by the state chemist under IC 4-22-2 in accordance with current practices of the lawn care service industry.
[Pre-2008 Recodification Citation: 15-3-3.3-6.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-7. License to Distribute Tank Mixed Liquid Fertilizer

Sec. 7. A person:
(1) who is engaged in lawn care service; and
(2) whose name must appear on the label of a fertilizer under this chapter;
must obtain a license from the state chemist before the person may distribute a tank mixed liquid fertilizer to another person.
[Pre-2008 Recodification Citation: 15-3-3.3-7.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-8. Application for License; Fee

Sec. 8. (a) To obtain a license described under section 7 of this chapter, a person must:
(1) submit an application; and
(2) pay a fee of one hundred dollars ($100) for each location from which the person distributes tank mixed liquid fertilizer:
(A) in Indiana; and
(B) outside Indiana that conducts operations in Indiana;
to the state chemist.
(b) An application for a license issued under this chapter must include:
(1) the name and address of the person applying for the license; or
(2) if the application submitted applies to at least one (1) location described under subsection (a)(2), the name and address of each location.
[Pre-2008 Recodification Citation: 15-3-3.3-8.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-9. Rules; Licensee Qualifications and Training

Sec. 9. The state chemist may adopt rules under IC 4-22-2 to establish qualifications for licenses issued under this chapter, including a training requirement necessary to assure that a person responsible for a location described under section 8(a)(2) of this chapter is in compliance with this chapter.
[Pre-2008 Recodification Citation: 15-3-3.3-9.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-10. Name and Location of Licensee

Sec. 10. A license issued under this chapter shall be issued in the name of the person that distributes tank mixed liquid fertilizer at the location described under section 8(a)(2) of this chapter.
[Pre-2008 Recodification Citation: 15-3-3.3-10.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-11. License Expiration and Renewal

Sec. 11. A license issued under this chapter:
(1) expires December 31 of each year; and
(2) may be renewed by the state chemist.
[Pre-2008 Recodification Citation: 15-3-3.3-11.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-12. Information on Labels and Invoices

Sec. 12. A licensee shall display the name and address shown on a license issued under this chapter on labels and invoices for fertilizers distributed in Indiana by the licensee.
[Pre-2008 Recodification Citation: 15-3-3.3-12.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-13. Change to Information; Inform State Chemist

Sec. 13. A licensee shall inform the state chemist in writing of:
(1) the addition of a location described under section 8(a)(2) of this chapter; and
(2) a change in:
(A) the name of the licensee's facilities; and
(B) the principal personnel associated with the licensee;
made during the time the licensee holds a license issued under this chapter.
[Pre-2008 Recodification Citation: 15-3-3.3-13.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-14. Labeling Requirements

Sec. 14. (a) A fertilizer distributed as part of lawn care service must:
(1) be labeled under IC 15-16-2-32; and
(2) include the name and address of the licensee distributing the fertilizer.
(b) The information described under subsection (a) shall be supplied in written or printed form to a purchaser of fertilizer at the time the fertilizer is delivered to the purchaser.
[Pre-2008 Recodification Citation: 15-3-3.3-14.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-15. Annual Report to State Chemist; Information

Sec. 15. (a) A licensee that distributes or sells fertilizer to a person in Indiana shall furnish the state chemist with an annual report showing the:
(1) quantity in tons; and
(2) grade;
of each fertilizer material used in tank mixed liquid fertilizer in each county.
(b) A report described under subsection (a) must include the:
(1) name; and
(2) range of concentration;
of each pesticide incorporated with tank mixed liquid fertilizer.
(c) A report described under this section must be made:
(1) on a form provided by the state chemist; or
(2) by any other method approved by the state chemist.
(d) A report required under this section must be filed with the state chemist before January 31 of the year following the year for which the report must be made.
[Pre-2008 Recodification Citation: 15-3-3.3-15.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-16. Sales Information; Annual Report

Sec. 16. (a) The state chemist shall annually record information concerning the sale of commercial fertilizers used for lawn care service based on the tonnage reports required under section 15 of this chapter.
(b) An annual report issued under this section:
(1) may be made available upon written request; and
(2) may not disclose the operations of any person.
[Pre-2008 Recodification Citation: 15-3-3.3-16.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-17. State Chemist; Agent; Duties

Sec. 17. The state chemist, who may act through an agent authorized by the state chemist, shall do the following:
(1) Administer this chapter.
(2) Adopt rules under IC 4-22-2:
(A) concerning the distribution of commercial fertilizers used in lawn care service; and
(B) necessary to implement this chapter.
[Pre-2008 Recodification Citation: 15-3-3.3-17.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-18. Fraudulent and Deceptive Practices; License Refusal or Revocation; Hearing

Sec. 18. (a) If:
(1) a person applying for a license under this chapter uses fraudulent or deceptive practices to evade or attempt to evade compliance with this chapter or rules adopted under this chapter, the state chemist may refuse to issue a license to the person; or
(2) a licensee uses fraudulent or deceptive practices to evade or attempt to evade compliance with this chapter or rules adopted under this chapter, the state chemist may revoke the licensee's license.
(b) The state chemist may not:
(1) refuse to issue a license to a person; or
(2) revoke a licensee's license;
until the person or the licensee has had an opportunity to appear at a hearing conducted by the state chemist.
[Pre-2008 Recodification Citation: 15-3-3.3-18.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-19. Revocation or Suspension of License

Sec. 19. If a licensee:
(1) does not submit a report required to be submitted under section 15 of this chapter by February 15 of a year;
(2) submits a false report under this chapter; or
(3) does not comply with label requirements under this chapter;
the state chemist may revoke the licensee's license or refuse to renew the licensee's license.
[Pre-2008 Recodification Citation: 15-3-3.3-19.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 3. Commercial Lawn Care Service Fertilizers › 15-16-3-20. Violations; Minor Violations; Injunctions

Sec. 20. (a) A person that:
(1) knowingly makes a false application for a license issued under this chapter; or
(2) violates this chapter;
commits a Class C infraction.
(b) The state chemist is not required to report minor violations of this chapter for:
(1) prosecution; or
(2) the implementation of seizure proceedings;
if the state chemist believes that the public interest will be best served by a suitable written notice of warning.
(c) The state chemist may apply for a temporary or permanent injunction restraining a person from violating or continuing to violate this chapter or a rule adopted under this chapter. An injunction issued under this subsection shall be issued without bond.
[Pre-2008 Recodification Citation: 15-3-3.3-20.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-1. Application of Chapter; Exported Pesticides

Sec. 1. A pesticide product is not in violation of this chapter when the product is:
(1) intended solely for export to a foreign country; and
(2) prepared or packed according to the specifications or directions of the purchaser.
However, this chapter applies if the pesticide product is not exported.
[Pre-2008 Recodification Citation: 15-3-3.5-31.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-2. "Active Ingredient"

Sec. 2. As used in this chapter, "active ingredient" means:
(1) in the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that will:
(A) prevent;
(B) destroy;
(C) repel; or
(D) mitigate;
insects, nematodes, fungi, rodents, weeds, or other pests;
(2) in the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or alter the behavior of:
(A) ornamental or crop plants; or
(B) the produce of ornamental or crop plants;
(3) in the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue; and
(5) in the case of a nitrogen stabilizer, an ingredient that will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through an action affecting soil bacteria.
[Pre-2008 Recodification Citation: 15-3-3.5-2(1).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.60.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-3. "Adulterated"

Sec. 3. As used in this chapter, "adulterated" refers to a pesticide or pesticide product if:
(1) the strength or purity of the pesticide does not meet the professed standard or quality as expressed on its labeling under which it is sold;
(2) any substance has been substituted wholly or in part for the pesticide product; or
(3) any valuable constituent of the pesticide product has been wholly or in part removed.
[Pre-2008 Recodification Citation: 15-3-3.5-2(2).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-3.5. "Adverse Effect"

Sec. 3.5. As used in this chapter, "adverse effect" means a pesticide exposure to a nontarget site (as defined in 357 IAC 1-12-1) that results in:
(1) pesticide residues in excess of established food or feed tolerances established by the United States Environmental Protection Agency;
(2) pesticide residues in excess of environmental media standards or benchmarks for pesticides established by a federal or state agency; or
(3) visible, measurable, or documented:
(A) death;
(B) illness;
(C) stunting;
(D) deformation;
(E) discoloration; or
(F) other effects;
that are detrimental to the nontarget site.
As added by P.L.76-2021, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-4. "Antidote"

Sec. 4. As used in this chapter, "antidote" means the most practical immediate treatment in case of poisoning, including first aid treatment.
[Pre-2008 Recodification Citation: 15-3-3.5-2(3).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-5. "Aquatic Ecologist"

Sec. 5. As used in this chapter, "aquatic ecologist" means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following:
(1) Aquatic ecology.
(2) Limnology.
(3) Invertebrate zoology.
(4) Invertebrate ecology.
(5) Ichthyology.
(6) Aquatic botany.
(7) Algology.
(8) Primary production ecology.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-6. "Board"

Sec. 6. As used in this chapter, "board" means the Indiana pesticide review board established by section 42 of this chapter.
[Pre-2008 Recodification Citation: 15-3-3.5-2(4) part.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-7. "Bulk Pesticide"

Sec. 7. As used in this chapter, "bulk pesticide" means any pesticide or mixture of pesticides that is transported or held in a reusable immediate container in undivided quantities greater than:
(1) one hundred (100) pounds net dry weight; or
(2) fifty-five (55) U.S. gallons liquid measure.
The term does not include a pesticide that is in the custody of the ultimate user and has been prepared for application by the ultimate user by diluting the pesticide according to the label directions for that pesticide.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-8. "Defoliant"

Sec. 8. As used in this chapter, "defoliant" means any:
(1) substance; or
(2) mixture of substances;
intended to cause leaves or foliage to drop from a plant with or without causing abscission.
[Pre-2008 Recodification Citation: 15-3-3.5-2(5).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-9. "Desiccant"

Sec. 9. As used in this chapter, "desiccant" means any:
(1) substance; or
(2) mixture of substances;
intended for artificially accelerating the drying of plant tissues.
[Pre-2008 Recodification Citation: 15-3-3.5-2(6).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-10. "Device"

Sec. 10. As used in this chapter, "device" means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating any pest. The term does not include:
(1) equipment used for the application of pesticides when sold separately from the pesticides;
(2) firearms; or
(3) simple mechanical devices, including barriers, traps, or adhesives, or other simple contrivances that are not subject to this chapter as determined by the pesticide review board.
[Pre-2008 Recodification Citation: 15-3-3.5-2(7).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-11. "Distribute"

Sec. 11. As used in this chapter, "distribute" means to:
(1) offer for sale;
(2) sell;
(3) exchange;
(4) barter; or
(5) supply or offer to supply;
a pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.5-2(8).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-12. "Final Printed Labeling"

Sec. 12. As used in this chapter, "final printed labeling" means the printed label or other labeling that will appear on or accompany a pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.5-2(33).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-13. "Front Panel"

Sec. 13. As used in this chapter, "front panel" means the part of a label that is visible to a purchaser under normal conditions of sales displays.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-14. "Fungus"

Sec. 14. As used in this chapter, "fungus" has the meaning set forth in IC 15-16-5-14.
[Pre-2008 Recodification Citation: 15-3-3.5-2(9).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.3.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-15. "Fungicide"

Sec. 15. As used in this chapter, "fungicide" means any substance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any fungi.
[Pre-2008 Recodification Citation: 15-3-3.5-2(10).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-15.5. "General Use Pesticide"

Sec. 15.5. As used in this chapter, "general use pesticide" means a pesticide that is not a restricted use pesticide.
As added by P.L.249-2023, SEC.71.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-16. "Herbicide"

Sec. 16. As used in this chapter, "herbicide" means any substance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any weed.
[Pre-2008 Recodification Citation: 15-3-3.5-2(11).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-17. "Highly Volatile Herbicide"

Sec. 17. As used in this chapter, "highly volatile herbicide" means a herbicide that the board has determined to be capable of emitting vapors that may cause serious injury to desired plants by reason of movement of the vapors from the area of application of the herbicide to areas inhabited by the desired plants.
[Pre-2008 Recodification Citation: 15-3-3.5-2(12).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-18. "Immediate Container"

Sec. 18. As used in this chapter, "immediate container" means the part of a container that is in direct contact with a pesticide. In the case of a pesticide product that is a device, the term includes the device itself.
[Pre-2008 Recodification Citation: 15-3-3.5-2(35).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.4.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-19. "Inert Ingredient"

Sec. 19. As used in this chapter, "inert ingredient" means an ingredient that is not an active ingredient.
[Pre-2008 Recodification Citation: 15-3-3.5-2(13).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-20. "Ingredient Statement"

Sec. 20. As used in this chapter, "ingredient statement" means any of the following:
(1) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide.
(2) A statement of the name of each active ingredient in decreasing order of abundance and the total percentage of active ingredients, together with the name of each and total percentage of the inert ingredients, if any, in the pesticide.
[Pre-2008 Recodification Citation: 15-3-3.5-2(14).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.61.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-21. "Insect"

Sec. 21. As used in this chapter, "insect" means any small invertebrate animal:
(1) generally having the body more or less obviously segmented;
(2) for the most part belonging to the class Insecta; and
(3) comprising:
(A) six (6) legged usually winged forms, including beetles, bugs, bees, flies; or
(B) other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, including spiders, mites, ticks, centipedes, and wood lice.
[Pre-2008 Recodification Citation: 15-3-3.5-2(15).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-22. "Insecticide"

Sec. 22. As used in this chapter, "insecticide" means any substance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
any insects.
[Pre-2008 Recodification Citation: 15-3-3.5-2(16).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-23. "Label"

Sec. 23. As used in this chapter, "label" means:
(1) the:
(A) written;
(B) printed; or
(C) graphic;
matter on, or attached to, a pesticide product or the immediate container of the pesticide product; and
(2) any outside container or wrapper of the retail package of the pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.5-2(17).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-24. "Labeling"

Sec. 24. As used in this chapter, "labeling" means all labels and other written, printed, or graphic matter:
(1) upon the pesticide product or any of its containers or wrappers;
(2) accompanying the pesticide product at any time; or
(3) to which reference is made on the label or in literature accompanying the pesticide product, except when accurate, nonmisleading reference is made to current official publications of:
(A) the United States Department of Agriculture;
(B) the United States Department of Interior;
(C) the United States Department of Health and Human Services;
(D) the United States Environmental Protection Agency;
(E) state experiment stations;
(F) state agricultural colleges; or
(G) other similar federal institutions or official agencies of Indiana or other states authorized by law to conduct research in the field of pesticides.
[Pre-2008 Recodification Citation: 15-3-3.5-2(18).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.62.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-26. "Nematocide"

Sec. 26. As used in this chapter, "nematocide" means any substance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
nematodes.
[Pre-2008 Recodification Citation: 15-3-3.5-2(20).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-27. "Nematode"

Sec. 27. As used in this chapter, "nematode", commonly known as a nema or an eelworm, means an invertebrate animal of the phylum nemathelminthes and class Nematoda that is an unsegmented roundworm:
(1) with an elongated, fusiform, or saclike body covered with cuticle; and
(2) that inhabits soil, water, plants, or plant parts.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-28. "Person"

Sec. 28. As used in this chapter, "person" means:
(1) an individual;
(2) a partnership;
(3) an association;
(4) a fiduciary;
(5) a corporation; or
(6) an organized group of persons;
whether incorporated or not.
[Pre-2008 Recodification Citation: 15-3-3.5-2(22).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.5.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-29. "Pest"

Sec. 29. As used in this chapter, "pest" has the meaning set forth in IC 15-16-5-24.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-30. "Pesticide"

Sec. 30. As used in this chapter, "pesticide" means:
(1) any substance or mixture of substances intended for:
(A) preventing;
(B) destroying;
(C) repelling; or
(D) mitigating;
a pest; and
(2) any substance or mixture of substances intended for use as a:
(A) plant regulator;
(B) defoliant; or
(C) desiccant.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-31. Repealed

[Pre-2008 Recodification Citation: 15-3-3.5-2(24).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.249-2023, SEC.72.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-32. "Pesticide Formulation"

Sec. 32. As used in this chapter, "pesticide formulation" means a pesticide product comprised of all active ingredients and inert ingredients.
[Pre-2008 Recodification Citation: 15-3-3.5-2(37).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-33. "Pesticide Product"

Sec. 33. As used in this chapter, "pesticide product" means a pesticide or device offered for distribution or use, including any labeling.
[Pre-2008 Recodification Citation: 15-3-3.5-2(38).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-34. "Plant Regulator"

Sec. 34. As used in this chapter, "plant regulator" means any substance or mixture of substances, intended through physiological action, for:
(1) accelerating or retarding the rate of growth or rate of maturation; or
(2) altering the behavior of ornamental or crop plants or the produce of ornamental or crop plants.
The term does not include substances that are intended solely as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.
[Pre-2008 Recodification Citation: 15-3-3.5-2(25).]
As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.6.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-35. "Produce"

Sec. 35. As used in this chapter, "produce" means:
(1) to:
(A) manufacture;
(B) prepare;
(C) compound;
(D) process;
(E) formulate; or
(F) change;
a pesticide product or an active ingredient that is used in producing a pesticide product; or
(2) to:
(A) package;
(B) repackage;
(C) label;
(D) relabel; or
(E) otherwise change;
the container of a pesticide product.
The term does not include the dilution of formulated pesticides by an individual for the individual's use done according to the directions on the pesticide label.
[Pre-2008 Recodification Citation: 15-3-3.5-2(39).]
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.5.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-36. "Registrant"

Sec. 36. As used in this chapter, "registrant" means a person who registers a pesticide product under this chapter.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-37. "Restricted Use Pesticide"

Sec. 37. As used in this chapter, "restricted use pesticide" means the following:
(1) Any pesticide classified as a restricted use pesticide by the administrator of the United States Environmental Protection Agency.
(2) A pesticide designated as a restricted use pesticide in a law enacted by the general assembly.
(3) Subject to section 50 of this chapter, a pesticide that the board has determined to be unduly hazardous to persons, animals, plants, wildlife, waters, or lands other than the pests it is intended to prevent, destroy, control, or mitigate.
(4) All formulations containing methomyl (Chemical Abstracts Service Reg. No. 16752-77-5).
(5) Any dicamba containing pesticide product that:
(A) contains a dicamba active ingredient concentration greater than or equal to six and one-half percent (6.5%); and
(B) is intended for agricultural production uses but is not labeled solely for use on turf or other nonagricultural use sites.
[Pre-2008 Recodification Citation: 15-3-3.5-2(27).]
As added by P.L.2-2008, SEC.7. Amended by P.L.249-2023, SEC.73.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-38. "Rodenticide"

Sec. 38. As used in this chapter, "rodenticide" means any substance or mixture of substances intended for:
(1) preventing;
(2) destroying;
(3) repelling; or
(4) mitigating;
rodents or any other vertebrate animal that the board declares to be a pest.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-39. "Terrestrial Ecologist"

Sec. 39. As used in this chapter, "terrestrial ecologist" means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following:
(1) Animal ecology.
(2) Plant ecology.
(3) Vertebrate natural history.
(4) Herpetology.
(5) Ornithology.
(6) Mammalogy.
(7) Field zoology.
[Pre-2008 Recodification Citation: 15-3-3.5-2(31).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-40. "Weed"

Sec. 40. As used in this chapter, "weed" means any plant that grows where the plant is not wanted.
[Pre-2008 Recodification Citation: 15-3-3.5-2(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 › 15-16-4-41. "Wildlife"

Sec. 41. As used in this chapter, "wildlife" has the meaning set forth in IC 15-16-5-38.
[Pre-2008 Recodification Citation: 15-3-3.5-2(40).]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-42. Pesticide Review Board; Establishment; Membership; Terms

Sec. 42. (a) The Indiana pesticide review board is established. The board consists of the following members:
(1) One (1) representative of the Indiana department of health.
(2) One (1) representative of the department of natural resources.
(3) One (1) representative of the department of environmental management.
(4) One (1) representative of the Purdue University office of agricultural research programs.
(5) One (1) representative of the Purdue University cooperative extension service.
(6) Two (2) ecologists:
(A) one (1) a terrestrial ecologist; and
(B) one (1) an aquatic ecologist.
Not more than one (1) ecologist may be a plant ecologist.
(7) One (1) public representative.
(8) One (1) representative of the pesticide producing or manufacturing industry.
(9) Two (2) representatives of producers of agricultural crops or products on which pesticides are applied or that may be affected by the application of pesticides:
(A) one (1) of whom represents producers of agronomic crops; and
(B) one (1) of whom represents producers of specialty crops.
(10) One (1) public representative from a conservation organization.
(11) Three (3) qualified scientists, one (1) each in the fields of entomology, plant pathology, and weed science. One (1) scientist must be the representative of either the Purdue University office of agricultural research programs or the Purdue University cooperative extension service.
(12) Three (3) certified and licensed commercial applicators of pesticides who must represent three (3) different certificate or license categories established under IC 15-16-5-45.
(13) The state chemist, who is an ex officio member and shall serve as a nonvoting member.
(14) The pesticide administrator for the office of the state chemist, who shall serve as a nonvoting member.
(15) The pesticide training coordinator, who shall serve as a nonvoting member.
(b) The voting members shall be appointed by the governor for terms of four (4) years and, subject to subsection (d), continue until the member's successor is approved and qualified. Appointments shall be made so that not more than five (5) terms expire annually.
(c) Voting members may be appointed for successive terms at the discretion of the governor.
(d) The governor may remove a voting member of the board prior to the expiration of the member's term for cause.
[Pre-2008 Recodification Citation: 15-3-3.5-12.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.63; P.L.99-2012, SEC.6; P.L.56-2023, SEC.135.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-43. Vacancies

Sec. 43. A vacancy on the board created by death, resignation, or removal for cause of a member shall be filled by the governor not later than thirty (30) days after the occurrence. The new member serves for the remainder of the vacated term and must meet the qualifications to be appointed to the board.
[Pre-2008 Recodification Citation: 15-3-3.5-13.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-44. Chairperson

Sec. 44. The board shall elect a member to serve as chairperson for a term of two (2) years. However, if the chairperson's appointment ends before the expiration of the term, the term is for the duration of the chairperson's appointment.
[Pre-2008 Recodification Citation: 15-3-3.5-14.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-45. Meetings

Sec. 45. (a) The board shall meet at least annually.
(b) The board may meet at other times and at a location specified by the chairperson or a majority of the board.
[Pre-2008 Recodification Citation: 15-3-3.5-15.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-46. Board; Quorum

Sec. 46. (a) Nine (9) members of the board constitute a quorum.
(b) Official actions are subject to approval by a simple majority of board members present at a called meeting.
(c) The chairperson shall actively participate in all decisions of the board.
[Pre-2008 Recodification Citation: 15-3-3.5-16.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.64.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-47. Board; per Diem and Travel Expenses

Sec. 47. The following individuals appointed to the board shall serve without compensation but are entitled to receive per diem payments at rates and under conditions incident to these positions:
(1) State officials.
(2) Staff members of state offices.
(3) Staff members of the Purdue University office of agricultural research programs.
(4) Cooperative extension service staff members.
Other members are entitled to reimbursement for traveling and other expenses as provided in the Purdue University travel policies and procedures, established by the Purdue University department of transportation and approved by the Purdue University vice president of business services.
[Pre-2008 Recodification Citation: 15-3-3.5-17.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.65.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-48. Board; Information Concerning Pesticides

Sec. 48. The board may:
(1) collect;
(2) analyze; and
(3) interpret;
information on matters relating to the registration and use of pesticides.
[Pre-2008 Recodification Citation: 15-3-3.5-2(4) part.]
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-49. Declaration of Injurious Pests

Sec. 49. (a) The board may, after notice and public hearing as provided in IC 4-22-2, declare as a pest any form of:
(1) plant;
(2) animal life; or
(3) virus;
that is injurious to plants, humans, domestic animals, articles, or substances.
(b) When a hearing is held by the board, the board may designate one (1) or more persons as the board's agent or representative to conduct the hearing.
[Pre-2008 Recodification Citation: 15-3-3.5-9.]
As added by P.L.2-2008, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-50. Pesticide Classification; Rules; Publication Requirements

Sec. 50. (a) The board may recommend to the general assembly the addition, deletion, or reclassification of pesticides by submitting in an electronic format under IC 5-14-6 a report of the recommendations to the legislative council. In making a determination to add or reclassify a pesticide as a restricted use pesticide for all of Indiana or designated areas within Indiana, the board must find that the characteristics of a pesticide require that rules restricting the:
(1) sale;
(2) distribution; or
(3) use;
of the pesticide by any person are necessary to prevent undue hazards to persons, animals, wildlife, lands, or waters, other than the pests that they are intended to prevent, destroy, control, or mitigate. The board shall publish the board's findings in the Indiana Register.
(b) The board may adopt rules under IC 4-22-2 to do the following:
(1) Provide for the safe:
(A) handling;
(B) transportation;
(C) storage;
(D) display;
(E) distribution;
(F) disposal; and
(G) production;
of pesticide products and pesticide containers.
(2) Restrict or prohibit the use of certain types of containers or packages for specific pesticides. The restrictions may apply to the:
(A) type of construction;
(B) strength; or
(C) size;
to alleviate danger of spillage, breakage, or misuse.
(3) Determine the time and conditions of the:
(A) sale;
(B) distribution; or
(C) use;
of pesticide products.
(4) Require that any or all pesticide products be purchased, possessed, or used only under:
(A) permit;
(B) certificate;
(C) license; or
(D) registration;
of the state chemist or under certain conditions or in certain quantities or concentrations.
(5) Require all persons issued:
(A) permits;
(B) certificates;
(C) licenses; or
(D) registrations;
under this subsection to maintain records as to the use of the pesticide products.
(c) The state chemist shall maintain a list of each class of pesticides adopted by Indiana law or board rule on the website for the state chemist. Failure to include a pesticide on the list does not exempt a person from compliance with a law or rule for a pesticide designated by law or rule.
[Pre-2008 Recodification Citation: 15-3-3.5-10.]
As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.8; P.L.249-2023, SEC.74.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 16. Horticulture Control › Chapter 4. Pesticides › 15-16-4-51. Administration; State Chemist

Sec. 51. The state chemist shall administer this chapter.
[Pre-2008 Recodification Citation: 15-3-3.5-1.]
As added by P.L.2-2008, SEC.7.