reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 1 - General Provisions › Section 1-13 - Indiana commercial feed license

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-24
Sec. 13.
The application for Indiana commercial feed license shall be
				  on forms provided by the director or forms reproduced locally by the applicant
				  that has all the following information and in the following general
				  order:
(1) Name, complete mailing
				address, and physical location of the applicant.
(2) Telephone number, FAX number, and e-mail
				addresses, if applicable.
(3) A
				list of subsidiaries located in Indiana or any out-of-state subsidiaries who
				distribute directly into Indiana.
(4) A designation whether the applicant
				manufactures or distributes commercial feeds under their label in or into
				Indiana.
(5) A designation whether
				the applicant manufactures or distributes pet foods or specialty pet foods in
				containers of ten (10) pounds or less or containers exceeding ten (10) pounds
				or bulk.
(6) A designation if the
				manufacturer is located in Indiana and manufactures only custom-mixed
				feeds.
(7) The printed name and
				title of the person who is the contact person for the applicant.
(8) The signature of the applicant.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-1 - Definitions and terms

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC 15-19-7
Sec. 1.
The definitions in IC 15-5-13
[IC 15-5 was repealed
				  by P.L. 2-2008, SECTION
				  83, effective July 1, 2008. See IC
				  15-19-7.]
shall apply throughout this rule in addition to the
				  following:
(1) "All life stages" means
				gestation/lactation, growth, and adult maintenance life stages.
(2) "Family" means a group of products, which
				are nutritionally adequate for any or all life stages based on their
				nutritional similarity to a lead product, that has been successfully test-fed
				according to an AAFCO feeding protocol.
(3) "Immediate container" means the unit,
				can, box, tin, bag, or other receptacle or covering in which a pet food or
				specialty pet food is displayed for sale to retail purchasers, but does not
				include containers used as shipping containers.
(4) "Ingredient statement" means a collective
				and contiguous listing on the label of the ingredients of which the pet food or
				specialty pet food is composed.
(5)
				"Principal display panel" means the part of a label that is most likely to be
				displayed, presented, shown, or examined under normal and customary conditions
				of display for retail sale.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-2 - Label format and labeling

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26;
				  IC
				  15-19-7-28
Sec. 2.
(a) Pet food
				and specialty pet food shall be labeled with the following information
				prescribed in this section:
(1) Product name
				and brand name, if any, on the principal display panel as stipulated in section
				3 of this rule.
(2) The species of
				pet or specialty pet for which the food is intended conspicuously designated on
				the principal display panel.
(3)
				Quantity statement, as defined in Section 6(1) of IC 15-5-13
[IC 15-5
				was repealed by P.L. 2-2008,
				SECTION
				83, effective July 1, 2008. See IC
				15-19-7-26.]
,
				on the principal display panel.
(4)
				Guaranteed analysis as stipulated in section 4 of this rule.
(5) Ingredient statement as stipulated in
				section 5(a) of this rule.
(6) A
				statement of nutritional adequacy or purpose if required under section 7 of
				this rule.
(7) Feeding directions
				if required under section 8 of this rule.
(8) Name and address of the manufacturer or
				distributor as stipulated in section 11 of this rule.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-3 - Brand and product names

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26;
				  IC
				  15-19-7-28
Sec. 3
(a) The words
				"100%", or "All", or words of similar designation shall not be used in the
				brand or product name of a pet food or specialty pet food if the product
				contains more than one (1) ingredient, not including water sufficient for
				processing, decharacterizing agents, or trace amounts of preservatives and
				condiments.
(b) An ingredient or a
				combination of ingredients may form a part of the product name of a pet food or
				specialty pet food as follows:
(1) When the
				ingredients derived from animals, poultry, or fish constitutes at least
				ninety-five percent (95%) of the total weight of the product. Water sufficient
				for processing may be excluded when calculating the percentage; however, the
				ingredient shall constitute at least seventy percent (70%) of the total product
				weight.
(2) When any ingredient
				constitutes at least twenty-five percent (25%) of the weight of the product,
				provided the following:
(A) Water sufficient
				for processing may be excluded when calculating the percentage; however, the
				ingredients shall constitute at least ten percent (10%) of the total product
				weight.
(B) A descriptor is used
				with the ingredient name. This descriptor shall imply other ingredients are
				included in the product formula. Examples of descriptors include the following:
(i) Dinner.
(ii) Platter.
(iii) Entree.
(iv) Formula.
(v) Recipe.
(C) The descriptor shall be in the same size,
				style, and color print as the ingredient name.
(3) When a combination of ingredients that
				are included in the product name in accordance with this subsection meets all
				of the following:
(A) Each ingredient
				constitutes at least three percent (3%) of the product weight, excluding water
				sufficient for processing.
(B) The
				names of the ingredients appear in the order of their respective predominance
				by weight in the product.
(C) All
				such ingredient names appear on the label in the same size, style, and color
				print.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-4 - Expression of guarantees

Current through July 10, 2024
Authority: IC 15-19-7-34
Affected: IC 15-19-7-26; IC 15-19-7-28
Sec. 4.
(a) The
				guaranteed analysis shall be listed in the following order and format unless
				otherwise specified in this rule:
(1) A pet
				food or specialty pet food label shall list the following required guarantees:
(A) Minimum percentage of crude
				protein.
(B) Minimum percentage of
				crude fat.
(C) Maximum percentage
				of crude fat, if required by section 10 of this rule.
(D) Maximum percentage of crude
				fiber.
(E) Maximum percentage of
				moisture.
(F) Additional guarantees
				shall follow moisture.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-5 - Ingredients

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26;
				  IC
				  15-19-7-28
Sec. 5.
(a) Each
				ingredient of a pet food or specialty pet food shall be listed in the
				ingredient statement as follows:
(1) The names
				of all ingredients in the ingredient statement shall be shown in letters or
				type of the same size.
(2) The
				ingredients shall be listed in descending order by their predominance by weight
				in nonquantitative terms.
(3)
				Ingredients shall be listed and identified by the name and definition
				established by AAFCO.
(4) Any
				ingredient for which no name and definition have been so established shall be
				identified by the common or usual name of the ingredient.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-6 - Drugs and pet food additives

Current through July 10, 2024
Authority: IC 15-19-7-34
Affected: IC 15-19-7
Sec. 6.
(a) An
				artificial color may be used in a pet food or specialty pet food only if it has
				been shown to be harmless to pets or specialty pets. The permanent or
				provisional listing of an artificial color in the United States Food and Drug
				regulations as safe for use, together with the conditions, limitations, and
				tolerances, if any, incorporated therein, shall be deemed to be satisfactory
				evidence that the color is, when used pursuant to such regulations, harmless to
				pets or specialty pets.
(b)
				Evidence may be required to prove the safety and efficacy or utility of a pet
				food or specialty pet food which contains additives or drugs, when used
				according to directions furnished on the label. Satisfactory evidence of the
				safety and efficacy of a pet food or specialty pet food may be established when
				the pet food or specialty pet food:
(1)
				contains such additives, the use of which conforms to the requirements of the
				applicable regulation in 21 CFR, or are "prior sanctioned" or "Generally
				Recognized as Safe" for such use; or
(2) itself is a drug or contains a drug as
				defined in IC 15-5-13-1-7
[sic]
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).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-7 - Nutritional adequacy

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26
Sec. 7.
(a) The
				label of a pet food or specialty pet food that is intended for all life stages
				of the pet or specialty pet may include an unqualified claim, directly or
				indirectly, such as "complete and balanced", "perfect", "scientific", or "100%
				nutritious" if at least one (1) of the following apply:
(1) The product meets the nutrient
				requirements for all life stages established by an AAFCO-recognized nutrient
				profile.
(2) The product meets the
				criteria for all life stages as substantiated by completion of the appropriate
				AAFCO-recognized animal feeding protocol.
(3) The product is a member of a product
				family that is nutritionally similar to a lead product that contains a
				combination of ingredients that has been fed to a normal animal as the sole
				source of nourishment in accordance with the testing procedures established by
				AAFCO for all life stages, provided the following:
(A) The nutritional similarity of the family
				product can be substantiated according to the Procedures for Establishing Pet
				Food Product Families developed by AAFCO.
(B) The family product meets the criteria for
				all life stages.
(C) Under
				circumstances of reasonable doubt, the director may require the manufacturer to
				perform additional testing of the family product in order to substantiate the
				claim of nutritional adequacy.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-8 - Feeding directions

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26;
				  IC
				  15-19-7-28
Sec. 8.
(a) Dog or
				cat food, including snacks or treats, labeled as complete and balanced for any
				or all life stages, as provided in section 7(c)(1) of this rule, except those
				pet foods labeled in accordance with section 7(d) of this rule, shall list
				feeding directions on the product label. These directions shall be consistent
				with the intended use indicated in the nutritional adequacy statement unless a
				limited use or more limited life stage designation is declared elsewhere, for
				example, adult formula. These directions shall be expressed in common terms and
				shall appear prominently on the label. Feeding directions shall, at a minimum,
				state, "Feed (weight/unit of product) per (weight only) of dog (or cat).". The
				frequency of feeding shall also be specified.
(b) When a dog or cat food is intended for
				use by or under the supervision or direction of a veterinarian, the statement,
				"Use only as directed by your veterinarian" may be used in lieu of feeding
				directions.
(c) Specialty pet food,
				including snacks or treats, labeled as complete and balanced for any or all
				life stages, as provided in section 7(a) of this rule, shall list feeding
				directions on the product label. These feeding directions shall be adequate to
				meet the nutrient requirements of the intended species of specialty pet as
				recommended by the AAFCO-recognized nutritional authority. These directions
				shall be expressed in common terms and shall appear prominently on the label.
				The frequency of feeding shall also be specified.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-9 - Statements of calorie content

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26;
				  IC
				  15-19-7-28
Sec. 9.
(a) Except
				as required in section 10 of this rule, the label of a dog or cat food may bear
				a statement of calorie content when the label meets all of the following:
(1) The statement shall be separate and
				distinct from the "Guaranteed Analysis" and shall appear under the heading
				"Calorie Content".
(2) The
				statement shall be measured in terms of metabolizable energy (ME) on an as-fed
				basis and must be expressed as kilocalories per kilogram (kcal/kg) of product,
				and may also be expressed as kilocalories per familiar household measure, for
				example, cans, cups, and pounds.
(3) The calorie content is determined by one
				(1) of the following methods:
(A) By
				calculation using the following modified Atwater formula:
ME(kcal/kg) = 10[(3.5 × CP) + (8.5 × CF) + (3.5
				  × NFE)]
Where: ME = Metabolizable energy.
CP = % crude protein as-fed.
CF = % crude fat as-fed.
NFE = % nitrogen-free extract (carbohydrate) as-fed.
The percentages of CP and CF are the arithmetic averages from
				  proximate analyses of at least four (4) production batches of the product, and
				  the NFE is calculated as the difference between one hundred (100) and the sum
				  of CP, CF, and the percentages of crude fiber, moisture, and ash (determined in
				  the same manner as CP and CF).
(B) In accordance with a testing procedure
				established by AAFCO.
(4)
				An affidavit shall be provided upon request to the director, substantiating
				that the calorie content was determined by either of the following:
(A) Subdivision (3)(A), in which case the
				results of all the analyses used in the calculation shall accompany the
				affidavit.
(B) Subdivision (3)(B),
				in which case the summary data used in the determination of calorie content
				shall accompany the affidavit.
(5) The calorie content statement shall
				appear as one (1) of the following:
(A) The
				claim on the label or other labeling shall be followed parenthetically by the
				word "calculated" when the calorie content is determined in accordance with
				subdivision (3)(A).
(B) The value
				of calorie content stated on the label that is determined in accordance with
				subdivision (3)(B) shall not exceed or understate the value determined in
				accordance with subdivision (3)(A) by more than fifteen percent
				(15%).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-10 - Descriptive terms

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26;
				  IC
				  15-19-7-28
Sec. 10.
(a) The
				following are requirements for calorie terms:
(1) "Light" requirements are as follows:
(A) A dog food product that bears on its
				label the terms "light", "lite", "low calorie", or words of similar designation
				shall:
(i) contain no more than three thousand
				one hundred (3,100) kcal ME/kg for products containing less than twenty percent
				(20%) moisture, no more than two thousand five hundred (2,500) kcal ME/kg for
				products containing twenty percent (20%) or more but less than sixty-five
				percent (65%) moisture, and no more than nine hundred (900) kcal ME/kg for
				products containing sixty-five percent (65%) or more moisture;
(ii) include on the label a calorie content
				statement:
(AA) in accordance with the format
				provided in section 9 of this rule; and
(BB) that states no more than three thousand
				one hundred (3,100) kcal ME/kg for products containing less than twenty percent
				(20%) moisture, no more than two thousand five hundred (2,500) kcal ME/kg for
				products containing twenty percent (20%) or more but less than sixty-five
				percent (65%) moisture, and no more than nine hundred (900) kcal ME/kg for
				products containing sixty-five percent (65%) or more moisture; and
(iii) include on the
				label feeding directions that reflect a reduction in calorie intake consistent
				with the intended use.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 6 - ANIMAL FOODS › Rule 2 - Pet Food › Section 2-11 - Manufacturer or distributor; name and address

Current through July 10, 2024
Authority: IC
				  15-19-7-34
Affected: IC
				  15-19-7-26
Sec. 11.
(a) The
				label of a pet food or specialty pet food shall specify the name and address of
				the manufacturer or distributor. The statement of the place of business shall
				include the street address, city, state, and zip code; however, the street
				address may be omitted if such street address is shown in a current city
				directory or telephone directory for the city listed on the label.
(b) When a person manufactures or distributes
				a pet food or specialty pet food in a place other than the principal place of
				business, the label may state the principal place of business in lieu of the
				actual place where each package of such pet food or specialty pet food was
				manufactured or package or from where each package is to be distributed.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 1 - General Provisions › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  13-13-5-1; IC
				  15-16-2
Sec. 1.
The purpose of this article is to ensure fertilizer materials
				  are distributed and used effectively and safely:
(1) as plant nutrients through training and
				education of distributors and users; and
(2) in a manner that protects water quality;
				and acknowledges authorities granted to the Indiana Department of Environmental
				Management (IDEM) pursuant to IC
				13-13-5-1(1).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 1 - General Provisions › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 2.
(a) Except as
				provided in subsection (b), this article applies to any person that:
(1) uses fertilizer material for hire on the
				property of another person for purposes of producing an agricultural
				crop;
(2) uses organic fertilizer
				from a CFO for purposes of producing an agricultural crop; or
(3) distributes fertilizer material directly
				to any person described in this subsection.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-2 - "Agricultural crop" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 2.
"Agricultural crop" means any plant or part of a plant,
				  produced primarily for sale, consumption, propagation, or other use by humans
				  or animals. For the purposes of this article, the term does not include turf,
				  trees, or ornamental plantings.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-3 - "Biosolid" defined

Current through July 10, 2024
Authority: IC 15-16-2-44
Affected: IC 15-16-2
Sec. 3.
(a)
				"Biosolid", as defined in
				327 IAC 6.1-2-7, means solid,
				semisolid, or liquid residue generated during the treatment of domestic sewage
				in a treatment works. Examples of biosolid include, but are not limited to, the
				following:
(1) Scum or solids removed in
				primary, secondary, or advanced wastewater treatment processes.
(2) A material derived from
				biosolid.
(3) An industrial waste
				product that contains domestic sewage or material under subdivision (1) or
				(2).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-4 - "CCH" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 4.
"CCH" means a continuing certification hour for certified
				  applicators. One (1) CCH is equivalent to one (1) hour of fertilizer
				  material-related instruction or training that has been evaluated and approved
				  by the state chemist.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-5 - "Certified applicator" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 5.
"Certified applicator" means any individual who has been
				  issued a certificate or licensing credential under this article as evidence of
				  the individual's qualifications to use fertilizer material. The term includes
				  both commercial applicators and private applicators.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-6 - "Commercial applicator license" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 6.
"Commercial applicator license" means the licensing
				  credential issued annually to a certified applicator who:
(1) uses; or
(2) supervises the use of;
fertilizer material for purposes of producing an agricultural
				  crop on the property of another person for hire.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-7 - "Confined feeding operation" or "CFO" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  13-18-10; IC
				  15-16-2
Sec. 7.
"Confined feeding operation" or "CFO" means any:
(1) confined feeding of at least:
(A) three hundred (300) cattle;
(B) six hundred (600) swine or
				sheep;
(C) thirty thousand (30,000)
				fowl; or
(D) five hundred (500)
				horses;
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-8 - "Distribute" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 8.
"Distribute" means to:
(1) offer for sale;
(2) sell;
(3) exchange;
(4) barter;
(5) supply; or
(6) offer to supply;
fertilizer material.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-9 - "Fertilizer business license" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 9.
"Fertilizer business license" means the licensing credential
				  issued annually to a person that is engaged in or professes to be engaged in
				  distributing or using fertilizer material on the property of another person for
				  hire.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-10 - "Fertilizer material" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-11
Sec. 10.
"Fertilizer material", as defined in IC
				  15-16-2-11, means any substance
				  containing nitrogen, phosphate, potash, or any recognized plant nutrient
				  that:
(1) is used for the plant
				nutrient content; and
(2) has
				nutrient value in promoting plant growth.
The term includes unmanipulated animal and vegetable manures.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-11 - "Inorganic fertilizer" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 11.
"Inorganic fertilizer" means any fertilizer material:
(1) manufactured by means of a man-made
				chemical reaction; and
(2) that
				does not contain any plant or animal products, manures or renderings.
For the purposes of this article, urea is considered to be an
				  inorganic fertilizer, not an organic fertilizer.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-12 - "Manure" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 12.
"Manure" means any:
(1) liquid or solid animal excreta;
(2) used bedding, litter, waste liquid, or
				contaminated runoff; or
(3) plant
				remains or vegetable refuse from processing.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-13 - "Organic fertilizer" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 13.
"Organic fertilizer" means any fertilizer material derived
				  from either plant or animal products or manures containing one (1) or more
				  nutrients (other than carbon, hydrogen, or oxygen) that are essential for plant
				  growth. For the purpose of this article, the term does not include biosolids.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-14 - "PARP" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 14.
"PARP" means a private applicator recertification program of
				  fertilizer material-related instruction or training that has been evaluated and
				  approved by the state chemist.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-15 - "Person" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-17
Sec. 15.
"Person", as defined in IC
				  15-16-2-17, means:
(1) an individual;
(2) a partnership;
(3) an association;
(4) a firm;
(5) a limited liability company; or
(6) a corporation.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-16 - "Private applicator certification" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 16.
"Private applicator certification" means the licensing
				  credential issued to a certified applicator who:
(1) uses; or
(2) supervises the use of;
organic fertilizer for purposes of producing any agricultural
				  crop on property owned, rented, or managed by the employer or the applicator.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-17 - "State chemist" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 17.
"State chemist" means the Indiana state chemist or an
				  appointed agent.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-18 - "Trained employee" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 18.
"Trained employee" means any individual who:
(1) is operating as an employee, agent, or
				contractor of a certified applicator; and
(2) has received training required under this
				article to use fertilizer material under the supervision of the certified
				applicator.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 2 - Definitions › Section 2-19 - "Use" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-23
Sec. 19.
"Use" means the:
(1)
				application of fertilizer material on an agricultural crop growing
				area;
(2) handling of fertilizer
				materials; or
(3) transportation of
				fertilizer materials.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 3 - Credentialing Requirements for Distribution or Use of Fertilizer Material › Section 3-1 - For hire use of fertilizer material

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 1.
All fertilizer material used for hire on the property of
				  another person for purposes of producing an agricultural crop must be used
				  by:
(1) an individual that has a valid
				commercial applicator license; or
(2) an individual that:
(A) has been trained as provided in section
				4(b) of this rule; and
(B) is
				operating under the supervision of a certified applicator as provided in
				section 4 of this rule.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 3 - Credentialing Requirements for Distribution or Use of Fertilizer Material › Section 3-2 - Use of organic fertilizer

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 2.
All organic fertilizer from a CFO used for purposes of
				  producing an agricultural crop must be used by:
(1) an individual that has a valid:
(A) commercial applicator license;
				or
(B) private applicator
				certification; or
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 3 - Credentialing Requirements for Distribution or Use of Fertilizer Material › Section 3-3 - Distribution of fertilizer material

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 3.
All fertilizer material distributed for the purpose of
				  producing an agricultural crop must be distributed:
(1) by a person that has a valid fertilizer
				business license; and
(2) to a
				person that has a valid:
(A) fertilizer
				business license;
(B) commercial
				applicator license; or
(C) private
				applicator certification.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 3 - Credentialing Requirements for Distribution or Use of Fertilizer Material › Section 3-4 - Supervision of noncertified individuals

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 4.
(a)
				Fertilizer materials covered by this article may be used by a noncertified
				trained employee who is working under the supervision of a certified applicator
				affiliated with the person performing the use or distribution.
(b) The training required in this section
				shall be as follows:
(1) Identified and
				approved by the state chemist.
(2)
				Repeated by the noncertified trained employee when that individual moves from
				one (1) employer to another.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 4 - Applicator Certification Standards › Section 4-1 - Certification standards

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 1.
(a) An
				individual may become eligible to be a certified applicator by passing the
				certification examination described in subsection (b).
(b) The certification examination shall be a
				written, closed book examination developed by the state chemist. The minimum
				passing score for the examination shall be seventy-five percent (75%) unless
				another minimum passing score has been established by the state chemist after
				consideration of the recommendations of the standards committee described in
				subsection (c).
(c) The state
				chemist shall appoint a standards committee to develop certification subject
				matter and standards for the certification examination. Members of this
				committee shall include, at a minimum, individuals representing the following:
(1) The state chemist.
(2) The Purdue University cooperative
				extension service.
(3) The
				inorganic fertilizer industry.
(4)
				The organic fertilizer industry.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 4 - Applicator Certification Standards › Section 4-2 - Certification renewal standards

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 2.
(a) An
				individual may become eligible for certification renewal by completing one (1)
				of the following:
(1) The written examination
				procedures for initial certification established in section 1 of this
				rule.
(2) Accumulating at least
				three (3) fertilizer material CCHs before the expiration of the individual's
				certification period.
(3) Attending
				at least three (3) fertilizer material PARPs before the expiration of the
				individual's certification period.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 4 - Applicator Certification Standards › Section 4-3 - Criteria and procedures for approving fertilizer material CCHs and PARPs

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 3.
(a) The state
				chemist shall be responsible for evaluating all instruction and training
				opportunities submitted for consideration of approval for CCHs or PARP
				credits.
(b) Training and
				instruction may be evaluated and approved for both CCHs and PARP
				credits.
(c) All requests for CCH
				or PARP approval must be submitted to the state chemist as follows:
(1) At least twenty-one (21) days prior to
				the date that the instruction or training event will occur.
(2) In a format determined by the state
				chemist.
(3) By an individual
				directly responsible for the CCH instruction or training event.
(4) By the county extension educator with the
				Purdue Cooperative Extension Service for the PARP instruction or
				training.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 4 - Applicator Certification Standards › Section 4-4 - Regulatory response to CCH and PARP violations

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-49.5
Sec. 4.
(a) A
				certified applicator that makes false or fraudulent reports or in any way
				misrepresents his or her participation in the certification renewal process
				shall be subject to the following:
(1)
				Revocation of all accumulated CCHs or PARP credits to date.
(2) Regulatory provisions in IC
				15-16-2-49.5.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 4 - Applicator Certification Standards › Section 4-5 - Applications for license or certification

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2; IC
				  15-16-5
Sec. 5.
(a) A person
				applying for a fertilizer business license must submit the following:
(1) An application to the state chemist on a
				form provided by the state chemist.
(2) Except for a person that has paid a
				pesticide business license fee under IC
				15-16-5-48 for the current year, a
				fee of forty-five dollars ($45) to the state chemist.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 4 - Applicator Certification Standards › Section 4-6 - Late fees

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 6.
A person who:
(1) is
				required to pay a fee under this article to the state chemist; and
(2) does not pay the fee before the date the
				fee is due;
shall pay a penalty fee to the state chemist equal to one
				  hundred percent (100%) of the required fee when the person pays the required
				  fee.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 4 - Applicator Certification Standards › Section 4-7 - Reciprocity; waiver of requirements

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 7.
The state chemist may waive all or part of the requirements
				  provided for under section 5 of this rule on a reciprocal basis with any other
				  state agency or federal agency that has substantially the same standards.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 7 - CERTIFICATION FOR DISTRIBUTORS AND USERS OF FERTILIZER MATERIAL › Rule 5 - Effective Date › Section 5-1 - Compliance with effective date of rule

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2
Sec. 1.
Full compliance by persons required to be certified or
				  licensed under this rule shall be required not later than January 1 of the
				  second year following adoption.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 1 - General Provisions › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  13-13-5-1;
				  IC 15-16-2
Sec. 1.
The purpose of this article is to:
(1) ensure fertilizer materials are
				distributed and used effectively and safely:
(A) as plant nutrients; and
(B) in a manner that protects water quality;
				and
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 1 - General Provisions › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 2.
(a) Except
				as provided in subsection (b), this article applies to any person that:
(1) uses; or
(2) distributes; fertilizer material for the
				purposes of producing an agricultural crop.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-2 - "Agricultural crop" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 2.
"Agricultural crop" means any plant or part of a plant
				  produced primarily for sale, consumption, propagation, or other use by humans
				  or animals. For purposes of this article, the term does not include turf,
				  trees, or ornamental plantings.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-3 - "Agronomic rate" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 3.
"Agronomic rate" means a rate of application of fertilizer
				  material to the land based on the following:
(1) The nutrient content of the fertilizer
				material to be applied.
(2) The
				fertility level of the soil.
(3)
				The nutrient needs of the current or planned crops.
(4) The nutrient holding capacity of the
				soil.
(5) Additional sources of
				nutrients, including legume credits, process wastewater, or
				biosolids.
(6) Reasonable nitrogen
				losses.
(7) Reasonable phosphorus
				levels.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-4 - "Biosolid" defined

Current through July 10, 2024
Authority: IC 15-16-2-44
Affected: IC 15-16-2
Sec. 4.
(a)
				"Biosolid", as defined in
				327 IAC
				6.1-2-7, means solid, semisolid, or liquid residue
				generated during the treatment of domestic sewage in a treatment works.
				Examples of biosolid include, but are not limited to, the following:
(1) Scum or a solid removed in primary,
				secondary, or advanced wastewater treatment processes.
(2) A material derived from
				biosolid.
(3) An industrial waste
				product that contains domestic sewage or material under subdivision (1) or
				(2).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-5 - "Certified applicator" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 5.
"Certified applicator" means any individual who has been
				  issued a certificate or licensing credential under 355 IAC 7 as evidence of the
				  individual's qualifications to distribute or use fertilizer material.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-6 - "Drainage inlet"

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 6.
"Drainage inlet" means any surficial opening to an
				  underground agricultural tile drainage system that drains surface waters. For
				  purposes of this article, the term includes water and sediment control basins.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-7 - "Distribute" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 7.
"Distribute" means to:
(1) offer for sale;
(2) sell;
(3) exchange;
(4) barter;
(5) supply; or
(6) offer to supply; fertilizer material.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-8 - "Fertilizer application plan" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 8.
"Fertilizer application plan" means a written annual or
				  multi-year plan for nutrient application at agronomic rates for producing an
				  agricultural crop.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-9 - "Fertilizer material" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-11
Sec. 9.
"Fertilizer material", as defined in IC
				  15-16-2-11,
				  means any substance containing nitrogen, phosphate, potash, or any recognized
				  plant nutrient that:
(1) is used for
				the plant nutrient content; and
(2)
				has nutrient value in promoting plant growth.
The term includes unmanipulated animal and vegetable
				  manures.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-10 - "Filter strip" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-11
Sec. 10.
"Filter strip" means a vegetative area between a surface
				  water body and an agricultural production field with a minimum width of fifty
				  (50) feet and designed and maintained to intercept surface water
				  runoff.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-11 - "Floodway" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 11.
"Floodway" means the channel of a river or stream and those
				  portions of the floodplain adjoining the channel that are reasonably required
				  to efficiently carry and discharge the peak flood flow of a one hundred (100)
				  year flood as determined by 312 IAC 10.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-12 - "Gradient barrier" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 12.
"Gradient barrier" means a structure or feature that prevents
				  runoff from entering surface waters.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-13 - "Highly erodible land" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 13.
"Highly erodible land" means soil that has a high potential
				  to erode based on site-specific characteristics, such as:
(1) slope length and steepness;
(2) soil erodibility; and
(3) rainfall; as defined by the United States
				Department of Agriculture Natural Resources Conservation Services and Farm
				Service Agency maps.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 8 - FERTILIZER MATERIAL USE, DISTRIBUTION, AND RECORD KEEPING › Rule 2 - Definitions › Section 2-14 - "Incorporation" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 14.
"Incorporation" means the mixing of fertilizer material with
				  the surface soil using standard agricultural practices, such as
				  tillage.