Indiana Administrative Code › Title 357 - INDIANA PESTICIDE REVIEW BOARD › Article 1 - DEFINITION; USE OF PESTICIDES › Rule 6 - Civil Penalty Assessment Schedule › Section 6-1 - Definitions

Current through July 10, 2024
Authority: IC 15-16
Affected: IC 15-16-4; IC 15-16-5
Sec. 1.
The following definitions apply throughout this rule:
(1) "Adulterated" means a product as
				described in IC
				15-16-4-3.
(2) "Board" means the Indiana pesticide
				review board created by IC
				15-16-4-42.
(3) "Bulk pesticide" means a pesticide as
				described in IC
				15-16-4-7.
(4) "Distribute" means to distribute a
				product, as described in IC
				15-16-4-11.
(5) "Labeling" means all products labels and
				written, printed, or graphic material as described in IC
				15-16-4-24.
(6) "Legal citation" means the Indiana Code
				(IC) or the Indiana Administrative Code (IAC) section or subsection cited on
				the schedule to describe the relevant portion of a pesticide law or rule that
				has been violated.
(7) "Misbranded"
				means a product as described in IC
				15-16-4-25.
(8) "Per day" means the method to be utilized
				for determining the civil penalty to be assessed for a violation that is of a
				continuing nature but may be the result of one (1) distinguishable act or
				failure to act. The violation number shall remain the same when assessing civil
				penalties for multiple counts of violation on a per day basis.
(9) "Per incident" means the method to be
				utilized for determining the violation number for a violation that is usually
				not of a continuing nature and is the result of a separate and distinguishable
				act or failure to act. Violations involving separate and distinguishable acts
				may be assigned accumulating violation numbers.
(10) "Per person" means the method to be
				utilized for determining the civil penalty to be assessed for a violation that
				may involve more than one (1) person. The violation number shall remain the
				same when assessing civil penalties on a per person basis.
(11) "Per product" means the method to be
				utilized for determining the violation number for a violation that may involve
				more than one (1) different product. Violations involving multiple products
				will be assigned accumulating violation numbers.
(12) "Person" has the meaning set forth in IC
				15-16-4-28.
(13) "Per year" means the method to be
				utilized for determining the violation number for a violation that may be
				documented on several dates or at several locations but is the result of one
				(1) distinguishable act or failure to act.
(14) "Product" means pesticide product as
				defined in IC
				15-16-4-33.
(15) "Schedule" means the civil penalty
				schedule required by IC
				15-16-4-69
				and IC
				15-16-5-66
				and as specified in section 2 of this rule.
(16) "State chemist" means the Indiana state
				chemist or his or her appointed agent.
(17) "Violation assessment" means the scheme
				to be utilized for determining the violation number and the count of violations
				eligible to be assessed civil penalties on the schedule. This scheme includes
				the concept of assessing civil penalties on a per incident, per day, per
				product, and per year basis as indicated on the schedule.