reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-5 - Standards governing materials under the federal post entry quarantine; nursery stock imported from a foreign country

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 5.
(a) This
				section establishes standards to govern the handling of nursery stock imported
				into Indiana from a foreign country under federal post entry quarantine
				conditions (
				7 CFR
				319.37-7 ).
(b) A permit granted under
				7
				CFR 319.37 and approved by the state
				entomologist in the state screening notice constitutes the Indiana state
				permit.
(c) Nursery stock and any
				restricted article defined under
				7
				CFR 319.37 required to be grown under federal
				post entry quarantine conditions shall conform to this subsection. The nursery
				stock and any restricted article must be grown under the supervision and
				control of a person who has signed a federal post entry quarantine agreement
				under which the person assures compliance with the following conditions:
(1) The article and any increase from the
				article will be grown only on the premises approved in the permit.
(2) A division inspector will be given access
				to the premises for inspection during regular business hours.
(3) The article and any increase from the
				article will be identified by a label showing the name of the article, the port
				accession number, and the date of importation.
(4) The article will be kept separated by at
				least three (3) meters from any:
(A) domestic
				plant or plant product of the same genus; or
(B) other imported plant or plant
				product.
(5) Remedial
				measures (including destruction) will be applied as determined by an inspector
				to be necessary to prevent the spread of a pest or pathogen.
(6) The state entomologist or a designee will
				be notified promptly if the article is found to be abnormal or if the article
				dies.
(7) If an article is a Rubus
				spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, or raspberry)
				from Europe, the article will be grown only in a screenhouse with screening
				which has at least sixteen (16) mesh per inch.
(8) If an article is a Chrysanthemum spp.
				(Chrysanthemum) or Dianthus spp. (carnation or sweet-william), the article will
				be grown or an increase made from the article, only in a greenhouse or other
				enclosed building.
(9) The
				requirements of this section will be met according to the following schedules:
(A) For six (6) months after the importation
				of an article of Chrysanthemum.
(B)
				For one (1) year after the importation of an article of carnation or
				sweet-william.
(C) For two (2)
				years after the importation of any other article regulated under this
				section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-6 - Maintenance of honeybees in movable frame hives

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 6.
(a) A person
				who manages honeybees for hobby or commercial purposes must maintain the bees
				in movable frame hives.
(b) Except
				as provided in subsection (c), movable frames shall have a size and
				construction which meet ordinary industry standards.
(c) The division may issue a permit for the
				maintenance, without movable frame hives, of honeybees in an exhibit or for
				educational purposes.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-9 - Control of pests or pathogens which may infect roses

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 9.
(a) A plant
				virus which may infect roses is a pest or pathogen. This section governs
				standards for the control of rose viruses, including apple mosaic virus and
				prunus necrotic ringspot virus.
(b)
				A shipment of rose plants entering Indiana must be accompanied by an official
				certificate or statement, issued by an authorized official in the state of
				origin, certifying that the plants were inspected during the growing season at
				a time when symptoms would be apparent and found to be visibly free of plant
				viruses.
(c) No person shall offer
				rose plants for sale unless the person has on file in an Indiana place of
				business, and available upon request for public inspection, a copy of a
				certificate or statement issued by an authorized official from the state of
				origin for each shipment of rose plants, certifying that the plants were
				inspected during the growing season at a time when symptoms would be apparent
				and found visibly free of plant viruses.
(d) A rose plant shipped into Indiana which
				is infected with a plant virus or which is not accompanied by the documentation
				required by this section may be returned to the state of origin or destroyed by
				the division. The remedies set forth in this subsection are in addition to any
				other remedies prescribed by IC 14-24 or this article.
(e) As used in this section, "shipment of
				rose plants" includes any conveyance (including mail order) of dormant,
				packaged, preplanted, or in-leaf rose plants.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-10 - Control of black vine weevils

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC
				  14-24-5-4
Sec. 10.
(a) Black
				vine weevil (Otiorhynchus sulcatus) is a pest or pathogen. This section governs
				standards for the control of black vine weevils.
(b) Nursery stock which is shipped into
				Indiana or shipped, sold, or grown in Indiana must be free from black vine
				weevils.
(c) The certificate
				required under IC
				14-24-5-4
				for nursery stock shipped into Indiana from another state must verify the
				following:
(1) A visual inspection was made of
				the nursery stock before the shipment was made, and the inspection located no
				evidence of damage by black vine weevils.
(2) The nursery stock came from a site that
				was inspected by an authorized state or federal official, and the official
				certified the site was free from black vine weevils for two (2) growing seasons
				before the shipment.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-11 - Control of crown gall

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC
				  14-24-5-4
Sec. 11.
(a) Crown
				gall (Agrobacterium tumefaciens) is a pest or pathogen. This section governs
				standards for the control of crown gall in Indiana.
(b) Nursery stock which is shipped into
				Indiana or shipped, sold, or grown in Indiana must be free from crown
				gall.
(c) The certificate required
				under IC
				14-24-5-4
				for nursery stock shipped into Indiana from another state must verify the
				following:
(1) A visual inspection was made of
				the nursery stock before the shipment was made, and the inspection revealed
				freedom from crown gall.
(2) The
				nursery stock came from a site that was inspected by an authorized state or
				federal official, and the official certified:
(A) the site was free from crown gall for two
				(2) growing seasons before the shipment; or
(B) the nursery stock came from
				tissue-cultured stock that was certified free from crown gall and grown in
				sterile soil with no exposure to soil which was or could have been contaminated
				with crown gall.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-13 - Permit to move, plant, or distribute Rosa multiflora or Lythrum species

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3-1; IC
				  14-24-3-3
Affected: IC 14-24-5; IC 14-24-7
Sec. 13.
(a) This
				section governs the anthropogenic movement and distribution of Rosa multiflora
				and Lythrum species in Indiana.
(b)
				Except as provided by this section, a person must not plant Rosa multiflora in
				Indiana.
(c) Except as provided in
				this section, a person must not sell, offer for sale, give away, or otherwise
				distribute seeds or plants of any species of Lythrum (commonly known as purple
				loosestrife) in Indiana.
(d) A
				nurseryman whose nursery has been inspected and certified under IC 14-24-5, and
				who holds a nursery dealer's license issued under IC 14-24-7, may plant Rosa
				multiflora for use as grafting stock in growing roses in the nursery subject to
				the following conditions:
(1) The nurseryman
				informs any division inspector who inspects the nursery of the presence of, and
				every site where, the grafting stock is located.
(2) Except upon written permission by the
				division director, Rosa multiflora is not sown or grown in the field as
				nongrafted stock. The written permission shall be noted on the nursery
				certificate at the time the nursery is certified.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-14 - Control (quarantine) of gypsy moth

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-8-2-202; IC 14-24; IC 15-16-4-37; IC
				  15-16-5
Sec. 14.
(a) The
				gypsy moth (Lymantria dispar) is a pest or pathogen. This section governs
				standards for the control of the gypsy moth in Indiana.
(b) In addition to the definitions in
				312 IAC 1-1 and
				312 IAC 18-1, the following
				definitions apply throughout this section:
(1) "Associated equipment" means any article
				associated with mobile homes and recreational vehicles and includes the
				following:
(A) Awnings.
(B) Tents.
(C) Outdoor furniture.
(D) Trailer blocks and hitches.
(E) Trailer skirts.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-15 - Release of a beneficial organism or a pest or pathogen

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 15.
(a) A
				person or a federal agency must not release a beneficial organism or a pest or
				pathogen in Indiana without a permit issued by the division director under this
				section.
(b) Before a permit is
				issued under this section, a person or a federal agency must demonstrate, to a
				reasonable certainty, that the release of a beneficial organism or a pest or
				pathogen would do none of the following:
(1)
				Harm a nontarget plant or animal.
(2) Interfere with normal management and
				production practices in agriculture, horticulture, viticulture, silviculture,
				nursery production, or greenhouse production.
(3) Disturb the ecological stability of an
				Indiana native organism or its environments.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-16 - Control of kudzu (Pueraria lobata)

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 16.
(a) Kudzu
				(Pueraria lobata) is a pest or pathogen. This section governs the standards for
				the control of kudzu in Indiana.
(b) A person must not:
(1) sell;
(2) distribute;
(3) offer for sale or distribution;
(4) give away;
(5) barter or exchange; or
(6) plant;
any life stage or reproductive material or recombined genes
				  of kudzu.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-17 - Technical committees

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 17.
The division director may convene and use technical
				  committees in evaluating the release into the environment of a beneficial
				  organism or a pest or pathogen. The committee may include any of the
				  following:
(1) The division director
				or the division director's designee.
(2) Any technical expert.
(3) A representative of a university,
				college, or private research institution with expertise in the organism
				considered.
(4) A representative of
				an affected industry.
(5) A
				representative of an affected or participating federal or state
				agency.
(6) Any other technical
				representative.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-19 - Control of the giant African land snail

Current through July 10, 2024
Authority: IC 14-24-3
Affected: IC 14-24
Sec. 19.
(a) The
				giant African land snail (Achatina achatina (L.), Achatina fulica Bowdich,
				Achatina marginata, and other species of the family Achatinidae (Gastropoda))
				is a pest or pathogen and is regulated under this section.
(b) Except as provided in subsection (c), a
				person must not:
(1) possess;
(2) offer for sale;
(3) sell;
(4) give away;
(5) barter;
(6) exchange; or
(7) otherwise distribute or release;
a giant African land snail, in any life stage, in
				  Indiana.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-22 - Production of pest and pathogen free nursery stock

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3-1
Affected: IC
				  14-24-5-3
Sec. 22.
(a) This
				section assists with the implementation of IC
				14-24-5-3
				for a nursery that produces forest seedlings to be replanted in Indiana or
				outside of Indiana for any of the following:
(1) Reforestation.
(2) Afforestation.
(3) Another natural resources
				purpose.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-23 - Prohibited invasive aquatic plants

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 23.
(a) The
				following are prohibited invasive aquatic plants and are declared pests or
				pathogens regulated under this section:
(1)
				Azolla pinnata (mosquito fern).
(2)
				Butomus umbellatus (flowering rush).
(3) Caulerpa taxifolia (caulerpa or
				Mediterranean killer algae).
(4)
				Egeria densa (Brazilian elodea, Brazilian waterweed, Anacharis, or
				Egeria).
(5) Eichhornia azurea
				(anchored water hyacinth).
(6)
				Hydrilla verticillata (Hydrilla or water thyme).
(7) Hydrocharis morsus-ranae (European
				frogbit or common frogbit).
(8)
				Hygrophilia polysperma (miramar weed, Indian swampweed, or hygro).
(9) Ipomoea aquatica (Chinese waterspinach or
				swamp morning-glory).
(10) Iris
				pseudacorus (yellow flag iris or tall yellow iris).
(11) Lagarosiphon major (oxygen weed or
				African elodea).
(12) Limnophila
				sessiliflora (Asian marshweed or ambulia).
(13) Monochoria hastata (monochoria,
				arrowleaf, or false pickerelweed).
(14) Monochoria vaginalis (heartshape or
				false pickerelweed).
(15)
				Myriophyllum aquaticum (parrot feather or parrot feather
				watermilfoil).
(16) Myriophyllum
				spicatum (Eurasian watermilfoil).
(17) Najas minor (brittle naiad or brittle
				water nymph).
(18) Nitellopsis
				obtusa (starry stonewort).
(19)
				Nymphoides peltata (yellow floating heart).
(20) Ottelia alismoides (duck
				lettuce).
(21) Potamogeton crispus
				(curlyleaf pondweed).
(22)
				Sagittaria sagittifolia (arrowhead).
(23) Salvinia auriculata (giant
				salvinia).
(24) Salvinia biloba
				(giant salvinia).
(25) Salvinia
				herzogii (giant salvinia).
(26)
				Salvinia molesta (giant salvinia).
(27) Sparganium erectum (exotic
				bur-reed).
(28) Stratiotes aloides
				(water soldier).
(29) Trapa natans
				(water chestnut).
(30) Typha
				angustifolia (narrow-leaf cattail).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-24 - Control of thousand cankers disease

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 24.
(a) The
				walnut twig beetle (Pityophthorus juglandis) is:
(1) a pest or pathogen; and
(2) regulated under this section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 3 - Control of Pests or Pathogens › Section 3-25 - Prohibited invasive terrestrial plants

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 25.
(a) The
				following are prohibited invasive terrestrial plants and are declared pests or
				pathogens regulated under this section:
(1)
				Achyranthes japonica (Japanese chaff flower).
(2) Ailanthus altissima (tree of
				heaven).
(3) Alliaria petiolata
				(garlic mustard).
(4) Alnus
				glutinosa (black alder).
(5)
				Artemisia vulgaris (mugwort).
(6)
				Arthraxon hispidus (small carpgrass).
(7) Berberis thunbergii (Japanese
				barberry).
(8) Carduus acanthoides
				(spiny plumeless thistle).
(9)
				Carduus nutans (musk thistle).
(10)
				Celastrus orbiculatus (Asian bittersweet).
(11) Centaurea stoebe (spotted
				knapweed).
(12) Cirsium vulgare
				(bull thistle).
(13) Conium
				maculatum (poison hemlock).
(14)
				Convolvulus arvensis (field bindweed).
(15) Coronilla varia (crown vetch).
(16) Dioscorea polystachya (oppositifolia)
				(Chinese yam).
(17) Dipsacus
				fullonum (common teasel).
(18)
				Dipsacus laciniatus (cut-leaved teasel).
(19) Elaeagnus umbellata (autumn
				olive).
(20) Euonymus fortunei
				(wintercreeper).
(21) Euphorbia
				esula (leafy spurge).
(22) Frangula
				alnus (glossy buckthorn).
(23)
				Hesperis matronalis (dame's rocket).
(24) Humulus japonicus (Japanese
				hops).
(25) Lepidium latifolium
				(pepperweed).
(26) Lespedeza
				cuneata (sericea lespedeza).
(27)
				Ligustrum obtusifolium (blunt-leaved privet).
(28) Lonicera japonica (Japanese
				honeysuckle).
(29) Lonicera maackii
				(Amur honeysuckle).
(30) Lonicera
				morrowii (Morrow's honeysuckle).
(31) Lonicera tatarica (Tatarian
				honeysuckle).
(32) Lonicera x bella
				(Bell's honeysuckle).
(33)
				Microstegium vimineum (Japanese stiltgrass).
(34) Morus alba (white mulberry).
(35) Phalaris arundinacea (reed
				canarygrass).
(36) Phellodendron
				amurense (Amur cork tree).
(37)
				Phragmites australis subspecies australis (common reed).
(38) Polygonum perfoliatum (mile-a-minute
				vine).
(39) Reynoutria japonica
				(Japanese knotweed).
(40)
				Reynoutria sachalinensis (giant knotweed).
(41) Reynoutria x bohemica (Bohemian
				knotweed).
(42) Rhamnus cathartica
				(common buckthorn).
(43)
				Vincetoxicum nigrum (black swallow-wort).
(44) Vincetoxicum rossicum (pale
				swallow-wort).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 4 - Nurseries, Nursery Stock, Nurserymen, Dealers, and Agents › Section 4-1 - Standards for nurseries, nurserymen, dealers, and agents

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 1.
This rule provides for the regulation of nurseries,
				  nurserymen, dealers, and agents.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 4 - Nurseries, Nursery Stock, Nurserymen, Dealers, and Agents › Section 4-2 - Nursery inspections

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24-5
Sec. 2.
(a) A
				nurseryman must provide for an inspection of each nursery owned, leased,
				managed, or controlled by the nurseryman at least once each year under IC
				14-24-5.
(b) A nurseryman must
				maintain a nursery in a reasonably well-cultivated condition and free from
				weeds so that a division inspector may make an adequate inspection of all
				nursery stock.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 4 - Nurseries, Nursery Stock, Nurserymen, Dealers, and Agents › Section 4-3 - Nursery dealers

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24-5; IC
				  14-24-7-1;
				  IC
				  14-24-7-2
Sec. 3.
(a) A person
				must obtain a dealer's license from the division under IC
				14-24-7-1
				before selling or soliciting an order for nursery stock or otherwise conducting
				the business of a dealer.
(b) In
				addition to the license application requirements contained in IC
				14-24-7-2(a),
				an applicant with a principal place of business outside Indiana must include
				with the application a current listing of certified nurseries prepared by the
				originating state to establish the person is an authorized dealer in that
				state.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 4 - Nurseries, Nursery Stock, Nurserymen, Dealers, and Agents › Section 4-4 - Certification of strawberry plants; special requirements

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24-5
Sec. 4.
(a) Every
				package of strawberry plants shipped into Indiana from another state must be
				labeled on the outside with the name of the consignor, the name of the
				consignee, and a certificate from the other state showing that the contents
				have been examined and found free from any pest or pathogen.
(b) A person who receives strawberry plants
				from a foreign country must notify the division of the arrival of the
				strawberry plants and the name of the consignor. The person shall hold the
				shipment unopened until inspected or released by the division.
(c) A strawberry plant shall not be certified
				under IC 14-24-5 or offered for resale in Indiana until the following
				requirements are met:
(1) The planting is
				inspected on at least two (2) occasions and during the proper periods to detect
				red stele disease.
(2) The planting
				is made on soil in which red stele disease is not known to occur and which has
				not been subjected to drainage from soil infested with red stele
				disease.
(3) The plantings satisfy
				the following standards for the identified pest or pathogen:
(A) Red stele disease: zero (0)
				tolerance.
(B) Crimp (foliar
				nematode disease): zero (0) tolerance, if the disease is generally distributed.
				Where the infestation is small and localized, the plantings may be certified if
				the infested plants are removed and destroyed.
(C) Crown borer, root weevil, root aphid, and
				strawberry root worm: one percent (1%) tolerance if the visibly affected plants
				are removed and destroyed.
(4) If a mixture of plants is not observed,
				any off-variety plants are rogued.
(5) Plantings are well-cultivated and
				maintained essentially free from weeds and grasses.
(6) If plantings appear generally thrifty,
				very thin plant stands are disqualified.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 4 - Nurseries, Nursery Stock, Nurserymen, Dealers, and Agents › Section 4-5 - Nursery stock; plant labeling for imported hardy plants

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 5.
(a) This
				section governs the labeling of imported nursery stock.
(b) As used in this section, "imported" means
				to bring into Indiana from:
(1) a foreign
				country; or
(2) a territory of the
				United States, Alaska, or Hawaii.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 5 - Special Service Fees › Section 5-1 - Collection of fees for special services; application

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC
				  14-24-10-1;
				  IC
				  14-24-10-3
Sec. 1.
(a) This
				rule establishes fees for special services by the division which are not
				described in IC
				14-24-10-1.
(b) The fees collected under this rule shall
				be deposited in the entomology and plant pathology fund established by IC
				14-24-10-3.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 5 - Special Service Fees › Section 5-2 - Florist or greenhouse stock; voluntary certification

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 2.
(a) The
				owner or operator of a florist or greenhouse may seek a certification as
				required by federal law or by another state for the shipment into another state
				of:
(1) plants;
(2) corms;
(3) tubers;
(4) field vegetables; or
(5) flower seeds.
This certificate is not required by IC 14-24.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 5 - Special Service Fees › Section 5-3 - Laboratory fees and replacement certificates

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 3.
(a) The
				division shall be reimbursed for the actual cost of expenses incurred in
				performing laboratory services.
(b)
				The fee for the replacement of a certificate, where changes are made by the
				person who requests the certificate, is ten dollars ($10).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 5 - Special Service Fees › Section 5-4 - Phytosanitary document fees and related fees

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-24-3
Affected: IC 14-24
Sec. 4.
(a) The fee
				is fifty dollars ($50) for the issuance of any of the following:
(1) A federal phytosanitary
				certificate.
(2) A federal
				phytosanitary certificate for reexport.
(3) A federal processed product
				certificate.
(4) Except as provided
				in subsection (b), a state phytosanitary certificate.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 5 - Special Service Fees › Section 5-5 - Voluntary certification of herbaceous perennials; mandated certification of herbaceous perennials serving as harborage or as hosts of pests or pathogens

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 5.
(a) A person
				may seek from the division a certificate as required by another state for the
				movement or export of herbaceous perennials. The certificate under this
				subsection is not required by IC 14-24.
(b) The division director may mandate a
				certificate for the movement or export of herbaceous perennials which are:
(1) known to provide harborage or to be a
				host for a pest or pathogen; or
(2)
				otherwise subject to IC 14-24 or this article.
In determining whether or under what conditions to issue a
				  certificate under this subsection, the division director shall consider the
				  principles set forth in 312 IAC 18-2,
				  312
				  IAC 18-3-2, or
				  312
				  IAC 18-3-5.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 18 - FLAT RACING; CLAIMING RACES › Rule 6 - Trade Secrets › Section 6-1 - Trade secrets within documents filed with the division of entomology and plant pathology

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 4-21.5; IC 5-14-3; IC 14-24
Sec. 1.
(a) Permit
				applications, records, and other documents filed with the division under IC
				14-24 and this article are subject to the requirements for access to public
				records contained within IC 5-14-3.
(b) A person who wishes to claim the status
				of any document filed with the division as a trade secret must include with the
				filing a concise written statement of the part or parts of the document for
				which that status is claimed.
(c)
				If a request for information is received from a person for a document described
				in subsection (b), the division shall make a reasonable attempt to contact the
				person claiming the protection as a trade secret to determine if consent to
				disclose can be obtained.
(d) If
				consent to disclose cannot be obtained under subsection (c), the division shall
				inform the person making the request. That person may obtain administrative
				review under IC 4-21.5 and 312 IAC 3-1 of the status of the document as a trade
				secret. The person who claims the status of a trade secret shall be named as a
				respondent in a request for administrative review.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC 14-31-3
Sec. 1.
The following definitions are in addition to those contained
				  in 312 IAC 1 and apply throughout this rule:
(1) "Buy" includes offer to buy, trade, or
				barter.
(2) "Collect" means dig,
				pick, pull up, cut, uproot, harvest, or otherwise remove a ginseng plant from
				its habitat.
(3) "Cultivated
				ginseng" means ginseng that is planted and cultivated according to standard
				ginseng cultivation practices.
(4)
				"Division" means the division of nature preserves of the department.
(5) "Export" means transport, ship, carry,
				haul, take, or otherwise move ginseng collected in Indiana outside the state of
				Indiana.
(6) "Ginseng" means
				American ginseng (Panax quinquefolius L.). The term does not include ginseng
				ready for consumption, sold, or bought at retail. The term includes cultivated
				ginseng and wild ginseng.
(7)
				"Ginseng dealer" means a person who buys ginseng roots from a ginseng harvester
				or another ginseng dealer for resale or exportation. The term does not include
				a person who sells solely for domestic consumption.
(8) "Ginseng harvester" means a person who
				collects ginseng.
(9) "Harvest
				season" means September 1 through December 31 of each year.
(10) "License year" means September 1 of one
				(1) year through August 31 of the following year.
(11) "Sale" includes trade, barter, and an
				offer to sell, trade, or barter.
(12) "Selling season" means September 1 of
				one (1) year through March 31 of the following year.
(13) "Wild ginseng" means ginseng in, or
				harvested from, its native habitat. The term applies regardless of whether the
				ginseng occurs naturally in the habitat or was introduced or increased in
				abundance by sowing ginseng seeds or by transplanting ginseng plants from
				another area.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-2 - Dealer's license; annual issuance

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC 14-31-3
Sec. 2.
Licenses to purchase ginseng are issued annually to ginseng
				  dealers for the period from September 1 of one (1) year through August 31 of
				  the following year.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-3 - Application for license; fee

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC 14-31-3
Sec. 3.
As prerequisites to the issuance of a ginseng dealer's
				  license, a person must file with the division both of the following:
(1) A completed application for ginseng
				dealer's license.
(2) A fee payable
				to the department in the amount of one hundred dollars
				($100).
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-4 - Selling season; retention by ginseng dealer

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC
				  14-31-3-10
Sec. 4.
(a) A person
				must not buy or sell ginseng except during the selling season.
(b) Notwithstanding subsection (a), a ginseng
				dealer may retain for resale ginseng lawfully acquired during the ginseng
				season if the dealer has certified the ginseng under section 5 of this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-5 - Certification of shipments

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC 14-31-3
Sec. 5.
(a) A dealer
				must receive a certification from the department under this section in order to
				ship ginseng to any of the following:
(1)
				Another ginseng dealer.
(2) A
				ginseng exporter.
(3) Directly for
				export.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-6 - Annual summary reports

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC
				  14-31-3-9
Sec. 6.
Within thirty (30) days of the last day of the selling
				  season, a ginseng dealer must file a completed ginseng dealer's annual summary
				  report listing all ginseng bought or sold during the preceding year. The
				  listing shall include ginseng bought outside Indiana and must indicate the
				  state where the ginseng was purchased.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-7 - Records; maintenance and inspection

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC 14-31-3
Sec. 7.
(a) A
				ginseng dealer must do both of the following:
(1) Maintain true and complete records of the
				dealer's commerce in ginseng.
(2)
				Provide a report, completed on a departmental form, for each quarter of the
				calendar year.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-8 - Harvesting quota

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC 14-31-3
Sec. 8.
A person must not harvest or possess harvested wild ginseng
				  unless the ginseng plant is harvested under the conditions of the quota
				  established as follows:
(1) Each
				individual ginseng plant must demonstrate at least one (1) of the following:
(A) At least three (3) prongs and a flowering
				or fruiting stalk. Except as provided in subdivision (2), the entire stalk and
				leaves must be retained with the plant until the plant is taken to the ginseng
				harvester's residence or place of business. As used in this clause, "prong"
				means a true compound leaf, including five (5) leaflets (three (3) large
				leaflets and two (2) small leaflets).
(B) At least four (4) internodes on the
				rhizome. As used in this clause, "internode" refers to a section containing a
				stem scar.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-9 - False representations

Current through July 10, 2024
Authority: IC
				  14-31-3-14
Affected: IC 14-31-3
Sec. 9.
(a) A
				ginseng dealer must not represent, in a report, log, certificate, or other
				document required or maintained under this rule, that a substance is ginseng if
				the dealer knows or should know that all or a portion of the substance is other
				than ginseng.
(b) A ginseng dealer
				must not knowingly include a false or incorrect statement in a document, log,
				or record required under this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 19 - RESEARCH, COLLECTION, QUOTAS, AND SALES OF PLANTS › Rule 1 - Ginseng › Section 1-10 - Sanctions

Current through July 10, 2024
Authority: IC 14-31-3-14
Affected: IC 4-21.5-3; IC 14-10-2-6; IC 14-31-3
Sec. 10.
The department may seek the sanctions described in this
				  section for a violation of IC 14-31-3, this rule, or a license issued under IC
				  14-31-3 and this rule:
(1) A license
				suspension or revocation following a completed proceeding with the commission
				under IC 4-21.5-3 and
				312 IAC 3-1. A
				revocation issued under this subdivision may order that a new license not be
				issued for a period not longer than five (5) years.
(2) The issuance of a notice of violation
				under IC
				14-10-2-6
				against a ginseng dealer or a ginseng harvester.
(3) Any other remedy provided by
				law.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 1 - Application and Administration › Section 1-1 - Applicability of review board article

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 1.
This article governs the functions of the review board.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 1 - Application and Administration › Section 1-2 - Agency determinations and administrative review

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 4-21.5; IC 14-9; IC 14-21-1
Sec. 2.
(a) Unless
				otherwise specified in this title, the review board (or a delegate of the
				review board) makes the initial determination for any license, sanction, or
				other order that is subject to IC 4-21.5.
(b) The mailing address for the review board
				is the division of historic preservation and archaeology. The address for the
				division is as follows:
Division of Historic Preservation and Archaeology
Department of Natural Resources
Indiana Government Center-South
402 West Washington Street, Room W274
Indianapolis, Indiana 46204.
(c) The commission is the ultimate authority
				under this article. A request to the commission for administrative review of an
				initial determination under subsection (b) must be addressed as follows:
Division of Hearings
Natural Resources Commission
Indiana Government Center-North
100 North Senate Avenue, Room N103
Indianapolis, Indiana 46204-2273.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 1.
The definitions in this rule are in addition to those in IC
				  14 and 312 IAC 1 and apply throughout this article.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-1.7 - "Certificate" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC
				  14-21-1-18
Sec. 1.7.
"Certificate" refers to a certificate of approval under IC
				  14-21-1-18.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-2 - "Chair" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC
				  14-9-1-1;
				  IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 2.
"Chair" means the chair of the review board.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-3 - "Division" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC
				  14-9-1-1;
				  IC
				  14-9-4-1
Sec. 3.
"Division" refers to the division of historic preservation
				  and archaeology established by IC
				  14-9-4-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-4 - "Division director" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC
				  14-9-1-1;
				  IC
				  14-9-4-1;
				  IC 14-21
Sec. 4.
"Division director" means the director of the division.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-4.3 - "Indiana register" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC
				  14-21-1-9
Sec. 4.3.
"Indiana register" means the Indiana register of historic
				  sites and historic structures established under IC
				  14-21-1-9.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-4.7 - "National Register" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1-15
Sec. 4.7.
"National Register" means the National Register of Historic
				  Places established under
				  16 U.S.C.
				  470 et seq. and identified at IC
				  14-21-1-15.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-5 - "Review board" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC
				  14-9-1-1;
				  IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 5.
"Review board" means the historic preservation review board
				  as established by IC 14-21-1.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 2 - Definitions › Section 2-6 - "State historic preservation officer" or "SHPO" defined

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC
				  14-9-1-1;
				  IC
				  14-9-4-1;
				  IC 14-21-1
Sec. 6.
"State historic preservation officer" or "SHPO" means the
				  director of the department.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 3 - Membership and Meetings › Section 3-1 - Membership

Current through July 10, 2024
Authority: IC 14-21-1-31
Affected: IC 14-21-1-20
Sec. 1.
(a) The
				review board shall be appointed as provided in IC 14-21-1-20.
(b) If a vacancy occurs in the review board,
				the SHPO shall appoint a successor to serve for the remainder of the vacated
				term.
(c) At the end of the term of
				a member, the SHPO may reappoint the person whose term has expired or appoint a
				new member of a full three (3) year term.
(d) The staggered terms established under 310
				IAC 10-1-3, before its repeal, shall continue in the same sequence under this
				section.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 3 - Membership and Meetings › Section 3-2 - Officers

Current through July 10, 2024
Authority: IC
				  14-21-1-31
Affected: IC 14-21-1
Sec. 2.
(a) The
				state historic preservation officer is the chair of the review board.
(b) The review board shall elect officers,
				other than the chair, from the membership of the review board during the first
				meeting of a calendar year. The descriptions and designations of these officers
				are as determined by the review board.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 3 - Membership and Meetings › Section 3-3 - Submission of application before review board meeting

Current through July 10, 2024
Authority: IC 14- 1-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 3.
(a) A person
				who seeks a certificate must file a completed application, on a division form,
				at least forty (40) days before the meeting of the review board during which
				the application is to be considered.
(b) The completed application and any
				analysis and recommendations by the division shall be mailed to members of the
				review board at least five (5) working days before the meeting.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-1 - Application of rule

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 1.
Except as provided in section 2 of this rule, this rule
				  governs an action to alter, demolish, or remove by a project funded by the
				  state, in whole or in part, either of the following:
(1) A historic site or historic structure
				owned by the state.
(2) A historic
				site or historic structure listed on the National Register or Indiana
				register.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-2 - Exception for qualified state educational institution property

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31
Affected: IC 14-9; IC
				  14-21-1-18
Sec. 2.
Real property that is owned by a state educational
				  institution, if the property is governed by IC
				  14-21-1-18(c),
				  is excepted from this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-3 - Applicability of definitions

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 3.
(a) Except as
				otherwise specified, the definitions in IC 14 and 312 IAC 1 apply throughout
				this rule.
(b) In addition to the
				definitions referenced in subsection (a), the definitions in sections 4 through
				6 of this rule apply throughout this rule.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-4 - "Adverse impact" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 4.
"Adverse impact" means an action that results in changes to
				  the exterior or interior appearance or the setting of a historic site or
				  historic structure that are inconsistent with any of the following:
(1) 36 CFR Part 68 (July 1, 2009) and "The
				Secretary of the Interior's Standards for the Treatment of Historic Properties
				with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
				Historic Buildings" (U.S. Department of the Interior, National Park Service,
				Washington, D.C., 1995).
(2) "The
				Secretary of the Interior's Standards for Rehabilitation and Guidelines for
				Rehabilitating Historic Buildings" (U.S. Department of the Interior, National
				Park Service, Washington, D.C., 1990).
(3) "The Secretary of the Interior's
				Standards for the Treatment of Historic Properties with Guidelines for the
				Treatment of Cultural Landscapes" (U.S. Department of the Interior, National
				Park Service, Washington, D.C., 1996).
(4) "The Secretary of the Interior's
				Standards and Guidelines for Archeology and Historic Preservation" at 48 FR
				44716.
(5) 312 IAC 21.
Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-5 - "District" defined

Current through July 10, 2024
Authority: IC
				  14-10-2-4; IC
				  14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 5.
"District" means a significant concentration, linkage, or
				  continuity of sites, buildings, structures, or objects united historically or
				  aesthetically by plan or physical development as determined under the National
				  Register Bulletin "How to Apply the National Register Criteria for Evaluation"
				  (NRB 15, as revised for Internet, 2002).