reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 1 - Definitions › Section 1-11.5 - "Service container" defined

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 11.5.
"Service container" means any package, can, bottle, jug,
				  bag, or other containing device used to transport a diluted or undiluted
				  pesticide from a storage site to an application site, and return to the storage
				  site, if needed. The term shall not mean any of the following:
(1) An original labeled pesticide container
				provided by the manufacturer.
(2) A
				container larger than the original labeled container provided by the
				manufacturer.
(3) A device for
				measuring a pesticide.
(4)
				Equipment used solely for the application of a pesticide.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 1 - Definitions › Section 1-13 - "Storage container" defined

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 13.
"Storage container" means a container used for the storage
				  of liquid or dry pesticide but does not include a mobile container, such as
				  application equipment or a delivery vehicle.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 1 - Definitions › Section 1-14 - "Storage facility" defined

Current through July 10, 2024
Authority: IC
				  15-16-4-52
Affected: IC
				  15-16-4-58;
				  IC
				  15-16-4-67
Sec. 14.
As used in this article, "storage facility" means a location
				  at which liquid or dry pesticide is held in storage.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 1 - Definitions › Section 1-15 - "Storage facility registry" defined

Current through July 10, 2024
Authority: IC
				  15-16-4-52
Affected: IC
				  15-16-4-58;
				  IC
				  15-16-4-67
Sec. 15.
As used in this article, "storage facility registry" means
				  the annual listing of all storage facilities in Indiana by the state chemist as
				  derived from written notification from the storage facility.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 1 - Definitions › Section 1-16 - "Wellhead protection area" defined

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 16.
"Wellhead protection area" refers to the surface and
				  subsurface area of the wellhead protection area, as defined in
				  327 IAC
				  8-4.1-1(27), that is located within a
				  three thousand (3,000) foot radius of a community public water supply system
				  (327 IAC
				  8-4.1-1(5)) production well or
				  wellfield and through which contaminants are likely to move.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-1 - Liquid bulk and minibulk storage containers and appurtenances; basic requirements

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 1.
(a) Bulk and
				minibulk storage containers and appurtenances shall be constructed, installed,
				and maintained so as to prevent the discharge or the spill of liquid
				pesticide.
(b) Storage containers
				and appurtenances shall be constructed of materials which are resistant to
				corrosion, puncture, or cracking.
(c) Materials used in the construction or
				repair of storage containers and appurtenances may not be of a type which react
				chemically or electrolytically with stored liquid pesticide in a way which may
				weaken the storage container or appurtenances, create a risk of discharge, or
				adulterate the pesticide.
(d)
				Metals used for valves, fittings, and repairs on metal containers shall be
				compatible with the metals used in the construction of the storage container so
				that the combination of metals does not cause or increase corrosion which may
				weaken the storage container or its appurtenances or create a risk of
				discharge.
(e) Storage containers
				and appurtenances shall be designed to handle all operating stresses, taking
				into account static head, pressure build-up from pumps and compressors, and any
				other mechanical stresses to which the storage containers and appurtenances may
				be subject in the foreseeable course of operations.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-2 - Prohibition against underground storage of bulk and minibulk pesticides

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 2.
Liquid bulk and minibulk pesticide shall not be stored in an
				  underground storage container.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-3 - Abandoned bulk and minibulk containers and structures

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 3.
(a) Bulk and
				minibulk pesticide storage containers are considered abandoned if they have
				been out of service for more than six (6) months because of a weakness or leak
				or have been out of service for any reason for more than two (2)
				years.
(b) Abandoned underground
				structures, including abandoned underground catch basins, shall be thoroughly
				cleaned and removed from the ground or thoroughly cleaned and filled with an
				inert solid. All connections and vents shall be disconnected and sealed. A
				record of the structure size, location, and method of closing shall be
				maintained at the storage facility or as otherwise provided for in this
				article.
(c) Abandoned aboveground
				bulk and minibulk pesticide containers shall be thoroughly cleaned. All hatches
				on the containers shall be left open, and all valves or connections shall be
				severed and left open.
(d)
				Secondary containment is not considered abandoned merely because there have
				been no discharges into the secondary containment.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-4 - Prohibited materials

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 4.
(a) Bulk
				storage containers and appurtenances shall not be made of polyvinyl
				chloride.
(b) A bulk or minibulk
				storage container shall not be made of ferrous metals, unless the container is
				made of stainless steel or other approved materials, or the container has a
				protective lining that inhibits corrosion and does not react chemically with
				the stored pesticide.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-5 - Anchoring bulk and minibulk storage containers

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 5.
(a) Bulk and
				minibulk storage containers shall be anchored to prevent flotation or
				instability which might occur as a result of liquid accumulations within
				secondary containment.
(b) Storage
				containers shall be considered anchored if the containers:
(1) are placed on a raised area or platform
				at a height as to prevent flotation or instability in the event of liquid
				accumulations; or
(2) store product
				with sufficient volume to rise to at least the height of the secondary
				containment walls.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-6 - Vents for bulk storage containers

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 6.
(a) Each
				bulk storage container shall be equipped with a vent with a hood or an inverted
				opening.
(b) Conservation vents
				shall be used on containers storing products where loss of vapor affects
				product quality or where the vapor is harmful to plants, animals, or
				humans.
(c) Conservation vents
				shall open and close within the designed pressure limits of the storage
				container.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-7 - Security

Current through July 10, 2024
Authority: IC
				  15-16-4-52
Affected: IC
				  15-16-4-58;
				  IC
				  15-16-4-67
Sec. 7.
(a) Storage
				containers and appurtenances shall be secured to provide reasonable protection
				from wildlife, vandalism, and unauthorized access. Such security shall be
				provided by fencing, lighting, or other approved means.
(b) Valves on storage containers shall be
				locked or otherwise secured, except when persons responsible for facility
				security are present at the facility.
(c) Valves on mobile containers parked
				overnight at a storage facility shall be locked or secured except when persons
				responsible for facility security are present at the facility.
(d) Valves on empty containers need not be
				secured.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-8 - Filling liquid bulk pesticide containers

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 8.
Liquid bulk pesticide storage containers shall not be filled
				  to more than ninety-five percent (95%) of capacity unless the storage container
				  construction or location provides constant temperature control or is otherwise
				  designed to be filled to a capacity of greater than ninety-five percent (95%).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-9 - Liquid bulk and minibulk shutoff valves

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 9.
(a) Bulk and
				minibulk storage container connections, except for safety relief connections,
				shall be equipped with a shutoff valve located on the storage container or at a
				distance from the storage container that allows the attending operator to stop
				the flow of pesticide from the container.
(b) All wetted parts inside shutoff valves
				and connections from the liquid bulk storage container to the shutoff valve
				shall be made of stainless steel.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-10 - Appurtenances for bulk and minibulk pesticide containers

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 10.
Appurtenances for bulk and minibulk containers shall be
				  adequately supported to prevent sagging and possible breakage because of
				  gravity and other forces which may be encountered in the ordinary course of
				  operations.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-11 - Liquid bulk pesticide level gauging device

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 11.
(a) Liquid
				bulk storage containers shall be equipped with a liquid level gauging device or
				other means by which the level of liquid in the storage container can be
				readily and safely determined.
(b)
				External sight gauges are prohibited.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 2 - Storage of Liquid Bulk and Minibulk Pesticide › Section 2-12 - Maintenance of bulk and minibulk pesticide containers and appurtenances

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 12.
Bulk and minibulk storage containers and appurtenances shall
				  be maintained to minimize the risk of a discharge.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 3 - Operational Area Containment of Liquid Bulk and Minibulk Pesticide at Storage Facilities › Section 3-1 - Bulk and minibulk operational area containment

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 1.
(a)
				Operational areas at a storage facility for bulk and minibulk containers shall
				have containment that is curbed and paved with reinforced concrete or other
				approved material that provides an impervious surface. Operational area
				activities shall be carried out within this containment.
(b) The operational area containment shall be
				constructed and reinforced to support the foreseeable maximum gross load of all
				product, equipment, and motor vehicles utilizing the area. The containment
				shall have a minimum width of ten (10) feet, a minimum length of twenty (20)
				feet, and a minimum capacity of seven hundred fifty (750) gallons. Points of
				loading and unloading shall be positioned over the containment.
(c) Wherever sufficient capacity required in
				355 IAC 5-4-1(c)
				 and provisions of this rule are complied
				with, the secondary containment described in
				355 IAC 5-4 may be designed for
				and jointly used in lieu of a separate operational area containment.
(d) The operational area containment shall
				form or drain into a watertight catch basin. If the operational area
				containment drains to a sump, the catch basin may include the sump and an
				aboveground container, provided a pump is installed which automatically
				transfers the contents of the sump into an aboveground container. Containers
				used for the temporary storage of liquids collected from the operational area
				containment shall be located within secondary containment.
(e) All liquids shall be promptly removed
				from the operational area containment for use in the blending process or for
				proper disposal in accordance with all applicable rules. The capacity required
				in subsection (b) shall be available at all times.
(f) Storage containers and appurtenances
				shall be protected against reasonably foreseeable risks of damage by vehicles
				operating in the area.
(g) This
				section does not apply to the unloading of mobile containers at the pesticide
				application site. (h) Operational area containment shall be maintained as
				necessary to assure compliance with this rule.
(i) Alternative means, including portable
				operational area containment systems, shall be permitted to serve as
				operational area containment systems if approved.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 4 - Secondary Containment of Liquid Bulk and Minibulk Pesticide › Section 4-1 - General requirements

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 1.
(a) Liquid
				bulk and minibulk pesticide storage containers shall be located within
				secondary containment constructed with an impermeable floor and perimeter wall.
				Secondary containment for liquid bulk storage containers must have a sloped
				floor. Secondary containment for minibulk storage containers is not required to
				have a sloped floor.
(b) The
				secondary containment area for liquid bulk pesticide storage containers shall
				be separate from a secondary containment area for all other materials. The
				secondary containment area for liquid minibulk pesticide containers is not
				required to be separate from a secondary containment area for other chemical
				storage containers. Adjoining secondary containment areas may share impermeable
				common walls.
(c) Secondary
				containment not protected from rainfall shall at all times have a minimum
				capacity of one hundred percent (100%) of the volume of the largest storage
				container within the contained area plus the volume displaced by all the other
				tanks, equipment, and appurtenances in the area up to the safe design level of
				the containment structure, plus a freeboard of six (6) inches.
(d) Secondary containment protected from
				rainfall is not required to have the freeboard noted in subsection (c), but
				shall comply with all other requirements therein.
(e) Secondary containment constructed prior
				to enactment of this rule and that has a capacity of a minimum of one hundred
				ten percent (110%) of the volume of the largest storage container within the
				contained area plus the volume displaced by all the other tanks in the area up
				to the safe design level of the containment structure shall be deemed to be in
				compliance with this rule. A storage facility upon alteration of the secondary
				containment area or increases in storage container volume shall be brought into
				full compliance within ninety (90) days of alteration or increase.
(f) Open drains and permeable tile drainage
				shall not be permitted within or under secondary containment.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 4 - Secondary Containment of Liquid Bulk and Minibulk Pesticide › Section 4-2 - Walls

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 2.
(a) The
				walls of secondary containment shall be constructed of steel, poured reinforced
				concrete, pre-casted concrete modules, or solid masonry and be designed to
				withstand a full hydrostatic head of discharged liquid and weight load of
				material used in construction.
(b)
				Cracks and seams shall be sealed to prevent leakage.
(c) Walls shall not exceed six (6) feet in
				height above interior grade unless provisions are made for normal access and
				necessary emergency access to storage containers, valves, and other equipment,
				and for safe exit from the secondary containment.
(d) Walls constructed of concrete or solid
				masonry shall rest upon a floating floor of concrete prepared as in section
				3(b) of this rule or upon suitable concrete footings which extend below the
				average frost depth. Joints between walls and the floor shall be
				watertight.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 4 - Secondary Containment of Liquid Bulk and Minibulk Pesticide › Section 4-3 - Floors

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 3.
(a) The
				floor of secondary containment shall be designed to be impermeable and
				constructed of concrete, steel, or other materials approved by the manufacturer
				of the pesticide product being stored within the secondary
				containment.
(b) Floors shall be
				designed to withstand foreseeable loading conditions, including a full
				hydrostatic head of discharged fluid and static loads of storage containers,
				including appurtenances, equipment, and contents. Cracks and seams shall be
				sealed to prevent leakage.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 4 - Secondary Containment of Liquid Bulk and Minibulk Pesticide › Section 4-4 - Drainage from secondary containment

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 4.
Secondary containment shall not have a drain, relief outlet,
				  or valve. Except for secondary containment for minibulk containers, the floor
				  shall slope to a collecting spot where liquid shall be removed by a manually
				  activated pump over the wall for use in the blending process or for proper
				  disposal in accordance with pesticide label directions.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 4 - Secondary Containment of Liquid Bulk and Minibulk Pesticide › Section 4-6 - Drainage from contained areas within dikes; alternative to a recessed catch drain in concrete lined containment areas (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 4 - Secondary Containment of Liquid Bulk and Minibulk Pesticide › Section 4-7 - Alternative to secondary containment for storage containers

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 7.
(a) Double
				wall storage containers may be used to comply with the secondary containment
				requirements in this rule. A double wall storage container must be constructed
				to be at least as protective in preventing spills to the environment as the
				other secondary containment options described in this article.
(b) Individual storage containers not
				exceeding three thousand (3,000) gallons may be contained within an elephant
				ring in lieu of secondary containment.
(c) Both the storage container and the
				elephant ring shall be fabricated of materials compatible with each other and
				with the pesticide being stored. The storage container and the elephant ring
				shall be constructed of similar metals. Elephant rings shall not be constructed
				of plastic.
(d) The height of the
				elephant ring wall shall not exceed four (4) feet. The minimum capacity of the
				elephant ring shall be one hundred percent (100%) of the volume of the storage
				container plus the volume displaced by all equipment and appurtenances in the
				secondary containment vessel up to the safe storage level of the elephant ring,
				plus a freeboard of six (6) inches. An elephant ring protected from rainfall is
				not required to have the freeboard of six (6) inches.
(e) The elephant ring shall be free of leaks
				and structural defects. The base shall be protected from corrosion, both from
				inside and outside, and shall be underlain by a concrete pad or by eight (8)
				inches of compacted gravel beneath four (4) inches of compacted sand or as
				recommended by the manufacturer of the elephant ring and approved by the state
				chemist.
(f) The elephant ring
				shall not have a relief outlet or valve. No appurtenances shall extend through
				the wall of the elephant ring. Pumps located within the elephant ring shall be
				placed on an elevated platform.
(g)
				Liquid shall be removed from the elephant ring by means of a manually activated
				pump for use in the blending process or disposal in accordance with all
				applicable regulations.
(h)
				Elephant rings shall be maintained as necessary to assure compliance with this
				rule.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 4 - Secondary Containment of Liquid Bulk and Minibulk Pesticide › Section 4-8 - Maintenance

Current through July 10, 2024
Authority: IC
				  15-16-4-52
Affected: IC
				  15-16-4-58;
				  IC
				  15-16-4-67
Sec. 8.
(a)
				Secondary containment shall be maintained as necessary to assure compliance
				with this rule.
(b) Secondary
				containment shall be maintained free of debris and foreign matter.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 5 - Storage of Dry Bulk Pesticide › Section 5-1 - Storage requirements for dry bulk pesticide

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 1.
(a) Dry bulk
				pesticide shall be kept in storage containers effectively designed and
				constructed to hold dry pesticide. Storage containers shall be constructed of
				materials that are compatible with the pesticide being stored and resistant to
				corrosion, puncture, or cracking, and shall be maintained in a good state of
				repair. Storage containers shall be placed on pallets or on a raised concrete
				platform which is drained to prevent the accumulation of water in or under the
				pesticide.
(b) Except during
				loading or unloading, stored dry bulk pesticide shall be covered by a roof or
				tarpaulin that will keep precipitation off the pesticide.
(c) Storage facilities shall be secured to
				provide reasonable protection from wildlife, vandalism, and unauthorized
				access.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 8 - Bulk Pesticide Storage Facility Registry › Section 8-1 - Annual bulk pesticide facility registry

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 1.
Bulk pesticide storage facilities shall notify the state
				  chemist each year of the facilities' location and status. The notice shall
				  include the facilities':
(1) mailing
				address;
(2) owner or manager
				name;
(3) rated or calculated
				capacity off all storage containers; and
(4) physical location of storage
				containers.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 9 - Regulation of Pesticides Near Public Water Supply System Wells › Section 9-1 - Pesticide storage and use within the isolation area

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-44; IC
				  15-16-5-45; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 1.
(a) Except
				for pesticides labeled for use in the treatment of drinking water, pesticide
				storage, mixing, and loading shall be prohibited within the isolation
				area.
(b) Application of pesticides
				within the isolation area shall be permitted unless prohibited by:
(1) the pesticide label; or
(2) a rule by the Indiana pesticide review
				board.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 9 - Regulation of Pesticides Near Public Water Supply System Wells › Section 9-2 - Pesticide storage within the wellhead protection area zone and outside the isolation area

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-44; IC
				  15-16-5-45; IC 15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 2.
Except for bulk and minibulk pesticide storage containers in
				  compliance with
				  355 IAC 5-2 through
				  355 IAC 5-8, all pesticide
				  storage containers located within the wellhead protection area zone and outside
				  of the isolation area shall be stored:
(1) on an impervious surface designed to
				contain a discharge of the entire contents of the largest storage container
				plus the volume displaced by all the other items within the contained area;
				and
(2) in an area protected from
				precipitation.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 9 - Regulation of Pesticides Near Public Water Supply System Wells › Section 9-3 - Pesticide spills or discharges within the wellhead protection area zone

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-44; IC
				  15-16-5-45; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 3.
All pesticide spills or discharges within the wellhead
				  protection area zone shall be cleaned up immediately upon discovery in a manner
				  that prevents the pesticide from threatening waters of the state, dry wells,
				  storm sewers, sanitary sewers, or septic systems.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 10 - Use and Labeling of Pesticide Service Containers › Section 10-1 - Use of service containers

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-44; IC
				  15-16-5-45; IC 15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 1.
(a) Except
				as provided in subsection (b), a certified applicator or an individual working
				under the supervision of a certified applicator may transfer a diluted or an
				undiluted pesticide to a service container, as defined in
				355 IAC 5-1-11.5. (b) Use of a
				service container shall not be permitted if the original label of the
				pesticide:
(1) requires storage in the
				original container only; or
(2)
				prohibits transfer to other containers.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 10 - Use and Labeling of Pesticide Service Containers › Section 10-2 - Labeling of service containers

Current through July 10, 2024
Authority: IC
				  15-16-4-50; IC
				  15-16-4-52; IC
				  15-16-5-44; IC
				  15-16-5-45; IC
				  15-16-5-64
Affected: IC
				  15-16-4; IC
				  15-16-5
Sec. 2.
(a) The
				certified applicator or an individual working under the supervision of a
				certified applicator must securely attach to the service container labeling for
				the pesticide that includes the following:
(1)
				The complete brand name.
(2) The
				United Stated Environmental Protection Agency registration number.
(3) The name of the active ingredient or
				ingredients.
(4) The percentage or
				percentages of the active ingredient or ingredients.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 5 - STORAGE AND CONTAINMENT OF PESTICIDES › Rule 11 - Open Burning of Pesticide Containers › Section 11-1 - Prohibition against open burning of pesticide containers

Current through July 10, 2024
Authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-64
Affected: IC 15-16-4; IC 15-16-5
Sec. 1.
A person may not cause the open burning of a pesticide
				  container in a manner that allows air contaminants resulting from combustion to
				  be emitted directly into the air without passing through a stack or chimney
				  from an enclosed chamber, as described in
				  326 IAC
				  4-1-0.5(6).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-1 - Definitions and terms

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-29
Sec. 1.
(a) The
				names and definitions for commercial feeds shall be the official definitions of
				feed ingredients adopted by the Association of American Feed Control Officials
				(AAFCO), except as the director designates otherwise in specific
				cases.
(b) The terms used in
				reference to commercial feeds shall be the official feed terms adopted by the
				AAFCO, except as the director designates otherwise in specific cases.
(c) The following commodities, when unground
				and when not mixed or intermixed with other materials, are hereby declared
				exempt from the definition of commercial feeds under IC 15-5-13-1
[IC
				15-5 was repealed by P.L. 2-2008,
				SECTION
				83, effective July 1, 2008.]
:
(1) Raw meat.
(2) Hay.
(3) Straw.
(4) Stover.
(5) Silages.
(6) Cobs.
(7) Husks.
(8) Hulls.
Provided that these commodities are not adulterated within
				  the meaning of IC 15-5-13-9
[IC 15-5 was repealed by P.L. 2-2008,
				  SECTION
				  83, effective July 1, 2008. See IC
				  15-19-7-29.]
.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-2 - Label format

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 2.
(a)
				Commercial feed, other than custom-mixed feed, shall be labeled with the
				information prescribed in this rule on the principal display panel of the
				product and in the following format:
(1)
				Product name and brand name, if any, as stipulated in section 3(a)(1) of this
				rule.
(2) If a drug is used, label
				as stipulated in section 3(a)(2) of this rule.
(3) Purpose statement as stipulated in
				section 3(a)(3) of this rule.
(4)
				Guaranteed analysis as stipulated in section 3(a)(4) of this rule.
(5) Feed ingredients as stipulated in section
				3(a)(5) of this rule.
(6)
				Directions for use and precautionary statements as stipulated in section
				3(a)(6) of this rule.
(7) Name and
				principal mailing address of the manufacturer or person responsible for
				distributing the feed as stipulated in section 3(a)(7) of this rule.
(8) Quantity statement.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-4 - Expression of guarantees

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 4.
(a) The
				guarantees for crude protein, equivalent crude protein from nonprotein
				nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and
				acid detergent fiber shall be in terms of percentage.
(b) Mineral guarantees as follows:
(1) When the calcium, salt, and sodium
				guarantees are given in the guaranteed analysis, such shall be stated and
				conform to the following:
(A) When the minimum
				is below two and five-tenths percent (2.5%), the maximum shall not exceed the
				minimum by more than five-tenths (0.5) percentage point.
(B) When the minimum is two and five-tenths
				percent (2.5%) but less than five percent (5.0%), the maximum shall not exceed
				the minimum by more than one (1) percentage point.
(C) When the minimum is above five percent
				(5.0%) or greater the maximum shall not exceed the minimum by more than twenty
				percent (20%) of the minimum and in no case shall the maximum exceed the
				minimum by more than five (5) percentage points.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-5 - Suitability

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 5.
(a) The
				nutritional content of a commercial feed, other than a customer-formula feed,
				shall be as purported or is represented to possess by its labeling. Such animal
				feed, its labeling, and intended use must be suitable for the intended purpose
				of the product.
(b) If the director
				has reasonable cause to believe a feed is not nutritionally suitable, then the
				director may request the feed manufacturer to either submit an "Affidavit of
				Suitability" certifying, or by an alternate procedure certify, the nutritional
				adequacy of the feed. The Affidavit of Suitability or alternate procedure shall
				be based on valid scientific evidence. The submission of a completed Affidavit
				of Suitability shall serve as substantiation of the suitability of the
				feed.
(c) If an Affidavit of
				Suitability, or alternative procedure acceptable to the director is not
				submitted by the feed manufacturer or labeler within thirty (30) days of
				written notification, the director may deem the feed adulterated under section
				7(c) of this rule and order the feed removed from the marketplace.
(d) The Affidavit of Suitability shall
				contain the following information:
(1) The
				feed company's name.
(2) The feed's
				product name.
(3) The name and
				title of the affiant submitting the document.
(4) A statement that the affiant has
				knowledge of the nutritional content of the feed and based on valid scientific
				evidence the feed is nutritionally adequate for its intended purpose.
(5) Date of submission.
(6) The signature of the affiant notarized by
				a certified notary public.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-6 - Ingredients

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 6.
(a) The name
				of each ingredient or collective term for the grouping of ingredients, when
				required to be listed, shall be the name as defined in the Official Definitions
				of Feed Ingredients as published in the Official Publication of the Association
				of American Feed Control Officials, the common or usual name, or one approved
				by the director.
(b) The name of
				each ingredient must be shown in letters or type of the same size.
(c) No reference to quality or grade of an
				ingredient shall appear in the ingredient statement of a feed.
(d) The term "dehydrated" may precede the
				name of any product that has been artificially dried.
(e) A single ingredient product defined by
				the Association of American Feed Control Officials is not required to have an
				ingredient statement.
(f) Tentative
				definitions for ingredients shall not be used until adopted as official, unless
				no official definition exists or the ingredient has a common accepted name that
				requires no definition, that is, sugar.
(g) When the word "iodized" is used in
				connection with a feed ingredient, the feed ingredient shall contain not less
				than seven-thousandths percent (0.007%) iodine, uniformly
				distributed.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-7 - Directions for use and precautionary statements

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 7.
(a)
				Directions for use and precautionary statements on the labeling of all
				commercial feeds and custom-mixed feeds containing additives (including drugs,
				special purpose additives, or nonnutritive additives) shall:
(1) be adequate to enable safe and effective
				use for the intended purposes by users with no special knowledge of the purpose
				and use of such articles; and
(2)
				include, but not limited to, all information prescribed by all applicable
				regulations under the federal Food, Drug, and Cosmetic Act.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-8 - Nonprotein nitrogen

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 8.
(a) Urea and
				other nonprotein nitrogen products defined in the official publication of the
				Association of American Feed Control Officials are acceptable ingredients only
				in commercial feeds for ruminant animals as a source of equivalent crude
				protein. If the commercial feed contains more than eight and seventy-five
				hundredths percent (8.75%) of the equivalent crude protein from all forms of
				nonprotein nitrogen, added as such, or the equivalent crude protein from all
				forms of nonprotein nitrogen, added as such, exceeds one-third (a) of the total
				crude protein, the label shall bear adequate directions for safe use of feeds
				and a precautionary statement, "CAUTION: USE AS DIRECTED". The directions for
				use and the caution statement shall be in type of such size so placed on the
				label that they will be read and understood by ordinary persons under customary
				conditions of purchase and use.
(b)
				Nonprotein nitrogen defined in the official publication of the Association of
				American Feed Control Officials, when so indicated, are acceptable ingredients
				in commercial feeds distributed as feed for nonruminant animals as a source of
				nutrients other than equivalent crude protein. The maximum equivalent crude
				protein from nonprotein nitrogen sources when used in nonruminant rations shall
				not exceed one and twenty-five hundredths percent (1.25%) of the total daily
				ration.
(c) On labels such as those
				for medicated feeds which bear adequate feeding directions and/or warning
				statements, the presence of added nonprotein nitrogen shall not require a
				duplication of the feeding directions or the precautionary statements as long
				as those statements include sufficient information to ensure the safe and
				effective use of this product due to the presence of nonprotein
				nitrogen.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-9 - Drug and feed additives

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 9.
(a) A
				labeler of a commercial feed that contains additives (including drugs, other
				special purpose additives, or nonnutritive additives) may be required to submit
				evidence to prove the safety and efficacy of the commercial feed when used
				according to the directions furnished on the label.
(b) Satisfactory evidence of safety and
				efficacy of a commercial feed may be any of the following:
(1) When the commercial feed contains such
				additives, the use of which conforms to the requirements of the applicable
				regulation in 21 CFR, or are prior sanctioned, informal review sanctioned, or
				generally recognized as safe for such use.
(2) When the commercial feed is itself a drug
				as defined in Section 1(7) and is generally recognized as safe and effective
				for the labeled use or is marketed subject to an application approved by the
				Food and Drug Administration under
				21 U.S.C.
				360(b).
(3) When one (1) of the purposes for feeding
				a commercial feed is to impart immunity (that is to act through some
				immunological process) the constituents imparting immunity have been approved
				for that purpose through the federal Virus, Serum, and Toxins Act of 1913, as
				amended.
(4) When the commercial
				feed is a direct fed microbial product, including the following:
(A) The product meets the particular
				fermentation product definition.
(B) The microbial content statement, as
				expressed in the labeling, is limited to the statement, "Contains a source of
				live (viable) naturally occurring micro-organisms.". This statement shall
				appear on the label.
(C) The source
				is stated with a corresponding guarantee expressed in accordance with section 4
				of this rule.
(5) When
				the commercial feed is an enzyme product, including the following:
(A) The product meets the particular enzyme
				definition defined by the Association of American Feed Control
				Officials.
(B) The enzyme is stated
				with a corresponding guarantee expressed in accordance with section 4 of this
				rule.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-10 - Adulterants

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-29
Sec. 10.
(a) For the
				purpose of Section 9 of the Act, "poisonous or deleterious substances"
				includes, but is not limited to, the following:
(1) Fluorine and any mineral or mineral
				mixture that is to be used directly for the feeding of domestic animals and in
				which the fluorine exceeds the following:
(A)
				Twenty-hundredths percent (0.20%) for breeding and dairy cattle.
(B) Thirty-hundredths percent (0.30%) for
				slaughter cattle.
(C)
				Thirty-hundredths percent (0.30%) for sheep.
(D) Forty-five hundredths percent (0.45%) for
				swine.
(E) Sixty-hundredths percent
				(0.60%) for poultry.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-11 - Good manufacturing practices

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-29
Sec. 11.
For the purpose of enforcement of IC 15-5-13-9(9)
[IC
				  15-5 was repealed by P.L. 2-2008,
				  SECTION
				  83, effective July 1, 2008. See IC
				  15-19-7-29.]
, the director adopts the following as current good
				  manufacturing practices:
(1) The
				regulations prescribing good manufacturing practices for Type B and Type C
				medicated feeds as published in 21 CFR 225.
(2) The regulations prescribing good
				manufacturing practices for Type A medicated articles as published in 21 CFR
				226.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-12 - Payment of inspection fee; interstate exclusion

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-30
Sec. 12.
Manufacturers and distributors located in Indiana who
				  furnish substantial quantities of commercial feeds to customers in other states
				  may apply to the director for interstate exclusion status. When so designated,
				  the following conditions apply:
(1)
				Those distributors shall not be charged the inspection fee by the supplier on
				commercial feeds purchased from any supplier.
(2) Those distributors shall report and pay
				the inspection fee on all commercial feeds they distribute in Indiana each
				quarter including feeds they distribute under another distributor's
				label.
(3) No credit may be claimed
				on the quarterly report for payment of the inspection fee to another
				distributor.
(4) A list of parties
				designated with interstate exclusion status will be maintained and provided by
				the director.