February 22, 2008
ENGROSSED
SENATE BILL No. 314
_____
DIGEST OF SB 314
(Updated February 19, 2008 2:36 pm - DI 77)
Citations Affected: IC 4-4; IC 4-12; IC 5-14; IC 5-28; IC 10-19;
IC 14-8; IC 14-22; IC 14-24; IC 14-25; IC 14-32; IC 15-1.5; IC 15-3;
IC 15-4; IC 15-5; IC 15-6; IC 15-7; IC 15-9; IC 21-46; IC 26-3;
IC 34-30.
Synopsis: Agriculture matters. Changes the name of the department
of agriculture to the Indiana state department of agriculture
(department). Adds specific economic development efforts to be
administered by the department. Requires the department to assist
agricultural businesses in obtaining and preparing permits and serving
as a liaison between the business and state and local government.
Provides for the confidentiality of financial and application information
obtained by the department that relates to economic development or
promotion of agriculture and certain voluntary certification programs.
Establishes duties for the director of the department concerning
agricultural promotion, research, and international agricultural trade.
Establishes duties for the director of the department concerning
diversified farming. Makes changes to the commercial fertilizer law,
including changing the definition of "blending" for fertilizers and
(Continued next page)
Effective: July 1, 2008.
Ford, Nugent
(HOUSE SPONSORS _ PFLUM, GUTWEIN, KNOLLMAN, GOODIN)
January 10, 2008, read first time and referred to Committee on Agriculture and Small
Business.
January 24, 2008, reported favorably _ Do Pass.
January 28, 2008, read second time, amended, ordered engrossed.
January 29, 2008, engrossed. Read third time, passed. Yeas 47, nays 1.
HOUSE ACTION
February 4, 2008, read first time and referred to Committee on Agriculture and Rural
Development.
February 21, 2008, amended, reported _ Do Pass.
Digest Continued
adding a definition of "ammonium nitrate". Makes it a Class A
misdemeanor to knowingly or intentionally violate the commercial
fertilizer law. Changes the membership of the fertilizer advisory board.
Amends certain definitions concerning pesticide laws. Removes the
specific volume requirement for exempted bulk pesticide containers.
Removes certain pesticides from the list of restricted pesticides.
Requires pesticide product applicants to comply with the pesticide
product laws. Allows the state chemist to deny a pesticide product
registration. Amends a pesticide product applicant's and registrant's
right to a review of a state chemist's action. Changes the membership
of the pesticide review board (board). Allows the members to continue
to serve until a successor is appointed and qualified. Provides that the
board's travel reimbursement must meet Purdue University's travel
policies. Allows the state chemist to have access to production records
of pesticide products. Provides that the state chemist may refer
violations to the prosecuting attorney. (Current law requires referral.)
Amends the definition of "property" under pesticide use and
application laws to include vehicles. Includes diagnostic inspections
and determining infestations of wood destroying pests as qualifications
to obtain a pesticide business license. Adds technician registrations to
the licenses that are invalid if the business does not maintain financial
responsibility. Prohibits: (1) verbal misrepresentations concerning the
effect of pesticides; (2) using known ineffective amounts of pesticides;
(3) refusing to supply the state chemist information during an
investigation or inspection; (4) intentionally altering a license; (5)
failing to provide proof of financial responsibility; and (6) impeding
duties of the state chemist. Provides that assaulting the state chemist or
the chemist's agent while performing their duties is a Class A
misdemeanor. Allows the state chemist to specify the time period
certain pesticide records must be kept. Removes the 60 day time limit
to file a claim from a pesticide accident and seven day notification of
licensee's after a accident claim is filed Repeals provisions concerning:
(1) operation of livestock export inspection facilities; (2) livestock
inspection fees; (3) livestock export facilities; (4) the livestock export
facility administration fund; (5) the center for value added research;
and (6) adoption of federal fruit grades, domestic grading of certain
fruits, inspections, and penalties. Makes conforming and technical
changes.
February 22, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2007 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 314
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-4-3.2-1; (08)ES0314.1.1. -->
SECTION 1. IC 4-4-3.2-1, AS AMENDED BY P.L.1-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) As used in this chapter, "department" means
the
Indiana state department of agriculture.
(b) As used in this chapter, "livestock" includes but is not limited to
the following:
(1) Beef cattle, dairy cattle, and other animals of the bovine
species.
(2) Swine and other animals of the porcine species.
(3) Sheep and other members of the ovine species.
(4) Horses, mules, burros, asses, and other animals of the equine
species.
(5) Goats and other members of the caprine species.
(6) Poultry and other birds of the avian species.
(7) Ostriches, rhea, emus, and other members of the ratite species.
(8) Camels, llamas, and other members of the camelid species.
(9) Farm raised deer, elk, moose, and other members of the
cervidae species.
(10) Bison.
(11) Aquatic animals that are the subject of aquaculture.
(12) Rabbits.
SOURCE: IC 4-4-3.3-1; (08)ES0314.1.2. -->
SECTION 2. IC 4-4-3.3-1, AS AMENDED BY P.L.1-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. As used in this chapter, "director" means the
director of the Indiana state department of agriculture.
SOURCE: IC 4-4-3.3-2; (08)ES0314.1.3. -->
SECTION 3. IC 4-4-3.3-2, AS AMENDED BY P.L.1-2006,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. The director is responsible for foreign market
promotion for agricultural products through the following:
(1) Creating a report and plan for international trade.
(2) Working in partnership with the Food Export Association
of the Midwest.
(3) Conducting and participating in foreign trade missions.
(4) Providing education on export and export opportunities
for Indiana agricultural businesses.
SOURCE: IC 4-4-3.8-1.3; (08)ES0314.1.4. -->
SECTION 4. IC 4-4-3.8-1.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 1.3. As used in this chapter, "diversified farming"
means new, emerging, and small scale agricultural markets,
including alternative and niche agricultural markets.
SOURCE: IC 4-4-3.8-1.6; (08)ES0314.1.5. -->
SECTION 5. IC 4-4-3.8-1.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 1.6. As used in this chapter, "specialty crop" means
any fruit, vegetable, tree nut, dried fruit, and nursery crop,
including floriculture.
SOURCE: IC 4-4-3.8-2; (08)ES0314.1.6. -->
SECTION 6. IC 4-4-3.8-2, AS AMENDED BY P.L.1-2006,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. The director of the Indiana state department
of agriculture shall do the following:
(1) Organize and develop an Prepare an annual report that
contains information and market research center for aquaculture.
concerning diversified farming.
(2) Instigate the formation of a market and development plan for
the aquaculture industry. diversified farming.
(3) Encourage the development and growth of diversified
farming, aquaculture, and specialty crops through education
programs.
(4) Administer the United States Department of Agriculture
Specialty Crop Block Grant Program.
(5) Identify diversified farming opportunities.
(6) Create a healthy network to better connect farmers to
available resources.
(7) Aggressively promote the opportunities and benefits of
agricultural diversification.
SOURCE: IC 4-4-27-0.5; (08)ES0314.1.7. -->
SECTION 7. IC 4-4-27-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 0.5. As used in this chapter, "department of
agriculture" refers to the Indiana state department of agriculture.
SOURCE: IC 4-12-9-0.5; (08)ES0314.1.8. -->
SECTION 8. IC 4-12-9-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 0.5. As used in this chapter, "director" refers to the
director of the Indiana state department of agriculture.
SOURCE: IC 4-12-9-2; (08)ES0314.1.9. -->
SECTION 9. IC 4-12-9-2, AS AMENDED BY P.L.1-2006,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. (a) The tobacco farmers and rural community
impact fund is established. The fund shall be administered by the
director. of the department of agriculture. The fund consists of:
(1) amounts, if any, that another statute requires to be distributed
to the fund from the Indiana tobacco master settlement agreement
fund;
(2) appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund;
and
(4) interest that accrues from money in the fund.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of the
fund in the same manner as money is invested by the public employees
retirement fund under IC 5-10.3-5. The treasurer of state may contract
with investment management professionals, investment advisors, and
legal counsel to assist in the management of the fund and may pay the
state expenses incurred under those contracts.
(d) Money in the fund at the end of the state fiscal year does not
revert to the state general fund and remains available for expenditure.
SOURCE: IC 4-12-9-3; (08)ES0314.1.10. -->
SECTION 10. IC 4-12-9-3, AS AMENDED BY P.L.1-2006,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) Subject to subsection (b), money in the fund
shall be used for the following purposes:
(1) Agricultural grant and loan programs to assist cooperative
arrangements consisting of tobacco quota owners and tobacco
growers working together to transition from tobacco production
to other agricultural enterprises and to assist individual tobacco
quota owners and tobacco growers who are in the process of
transitioning to other agricultural enterprises.
(2) Value-added cooperatives, incubators, and other enterprises
or facilities established for the purpose of assisting tobacco quota
owners and tobacco growers to capture additional revenues from
non-tobacco agricultural commodities.
(3) Agricultural mentoring programs, entrepreneurial leadership
development, and tuition and scholarships to assist displaced
tobacco growers in acquiring new training and employment skills.
(4) Academic research to identify new transitional crop
enterprises to replace tobacco production.
(5) Market facility development for marketing current and new
crop enterprises.
(6) Administrative and planning services for local communities
and economic development entities that suffer a negative impact
from the loss of tobacco production.
(7) Establishment and operation of a regional economic
development consortium to address common problems faced by
local communities that suffer a negative impact from the loss of
tobacco production.
(b) Expenditures from the fund are subject to appropriation by the
general assembly and approval by the director. of the department of
agriculture. The director of the department of agriculture may not
approve an expenditure from the fund unless that expenditure has been
recommended by the advisory board established by section 4 of this
chapter.
SOURCE: IC 4-12-9-4; (08)ES0314.1.11. -->
SECTION 11. IC 4-12-9-4, AS AMENDED BY P.L.144-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 4. (a) The tobacco farmers and rural community
impact fund advisory board is established. The advisory board shall
meet at least quarterly and at the call of the director
of the department
of agriculture to make recommendations concerning expenditures of
money from the fund.
(b) The advisory board consists of the following:
(1) The director,
of the department of agriculture, who is an ex
officio member and serves as chairperson of the advisory board.
(2) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives.
(4) The following appointees by the governor who represent the
following organizations or interests:
(A) Two (2) tobacco growers.
(B) One (1) tobacco quota owner.
(C) Two (2) persons with knowledge and experience in state
and regional economic development needs.
(D) One (1) person representing small towns or rural
communities.
(E) One (1) person representing the Southern Indiana Rural
Development Project.
(F) One (1) person representing agricultural programs at
universities located in Indiana.
The members of the advisory board listed in subdivisions (1) through
(3) are nonvoting members. The members of the advisory board listed
in subdivision (4) are voting members.
(c) The term of office of a legislative member of the advisory board
is four (4) years. However, a legislative member of the advisory board
ceases to be a member of the advisory board if the member:
(1) is no longer a member of the chamber from which the member
was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removed at
any time by the appointing authority who appointed the legislative
member.
(e) The term of office of a member of the advisory board appointed
under subsection (b)(4) is four (4) years. However, these members
serve at the pleasure of the governor and may be removed for any
reason.
(f) If a vacancy exists on the advisory board with respect to a
legislative member or the members appointed under subsection (b)(4),
the appointing authority who appointed the former member whose
position has become vacant shall appoint an individual to fill the
vacancy for the balance of the unexpired term.
(g) Five (5) voting members of the advisory board constitute a
quorum for the transaction of business at a meeting of the advisory
board. The affirmative vote of at least five (5) voting members of the
advisory board is necessary for the advisory board to take action.
(h) Each member of the advisory board who is not a state employee
is not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(i) Each member of the advisory board who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(j) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative services
agency.
(k) Payments authorized for members of the advisory board under
subsections (h) through (i) are payable from the tobacco farmers and
rural community impact fund.
SOURCE: IC 5-14-3-4; (08)ES0314.1.12. -->
SECTION 12. IC 5-14-3-4, AS AMENDED BY P.L.172-2007,
SECTION 1, AND AS AMENDED BY P.L.179-2007, SECTION 9, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The following public records
are excepted from section 3 of this chapter and may not be disclosed by
a public agency, unless access to the records is specifically required by
a state or federal statute or is ordered by a court under the rules of
discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39.
(10) Application information declared confidential by the board
of the Indiana economic development corporation under
IC 5-28-16.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the Indiana state
department of agriculture, the Indiana finance authority, or
an economic development commissions, commission, a local
economic development organization (as defined in
IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial prospects,
if the records are created while negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the Indiana finance
authority, or an economic development commissions
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes:
(A) a record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
or an act of agricultural terrorism under IC 35-47-12-2;
(B) vulnerability assessments;
(C) risk planning documents;
(D) needs assessments;
(E) threat assessments;
(F) intelligence assessments;
(G) domestic preparedness strategies;
(H) the location of community drinking water wells and
surface water intakes;
(I) the emergency contact information of emergency
responders and volunteers;
(J) infrastructure records that disclose the configuration of
critical systems such as communication, electrical, ventilation,
water, and wastewater systems; and
(K) detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) that is owned,
occupied, leased, or maintained by a public agency. A record
described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. The public agency that owns, occupies, leases, or
maintains the airport:
(i) is responsible for determining whether the public
disclosure of a record or a part of a record has a reasonable
likelihood of threatening public safety by exposing a
vulnerability to terrorist attack; and
(ii) must identify a record described under item (i) and
clearly mark the record as "confidential and not subject to
public disclosure under IC 5-14-3-4(b)(19)(J) without
approval of (insert name of submitting public agency)".
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name, compensation,
job title, business address, business telephone number, job
description, education and training background, previous work
experience, or dates of first employment of a law enforcement
officer who is operating in an undercover capacity.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption, shall be
made available for inspection and copying seventy-five (75) years after
the creation of that record.
(e) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SOURCE: IC 5-14-1.5-6.1; (08)ES0314.1.13. -->
SECTION 13. IC 5-14-1.5-6.1, AS AMENDED BY P.L.179-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6.1. (a) As used in this section, "public official"
means a person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending or
has been threatened specifically in writing.
(C) The implementation of security systems.
(D) The purchase or lease of real property by the governing
body up to the time a contract or option to purchase or lease is
executed by the parties.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and implementation
of school safety and security measures, plans, and systems.
(4) Interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by the
Indiana economic development corporation, the office of tourism
development, the Indiana finance authority, an economic
development commission, the Indiana state department of
agriculture, a local economic development organization (as
defined in IC 5-28-11-2(3)), or a governing body of a political
subdivision.
(5) To receive information about and interview prospective
employees.
(6) With respect to any individual over whom the governing body
has jurisdiction:
(A) to receive information concerning the individual's alleged
misconduct; and
(B) to discuss, before a determination, the individual's status
as an employee, a student, or an independent contractor who
is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state or
federal statute.
(8) To discuss before a placement decision an individual student's
abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual
employees. This subdivision does not apply to a discussion of the
salary, compensation, or benefits of employees during a budget
process.
(10) When considering the appointment of a public official, to do
the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees from
further consideration may not reduce the number of prospective
appointees to fewer than three (3) unless there are fewer than
three (3) prospective appointees. Interviews of prospective
appointees must be conducted at a meeting that is open to the
public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 15-5-1.1 or IC 25.
(13) To discuss information and intelligence intended to prevent,
mitigate, or respond to the threat of terrorism.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subject matter
by specific reference to the enumerated instance or instances for which
executive sessions may be held under subsection (b). The requirements
stated in section 4 of this chapter for memoranda and minutes being
made available to the public is modified as to executive sessions in that
the memoranda and minutes must identify the subject matter
considered by specific reference to the enumerated instance or
instances for which public notice was given. The governing body shall
certify by a statement in the memoranda and minutes of the governing
body that no subject matter was discussed in the executive session
other than the subject matter specified in the public notice.
(e) A governing body may not conduct an executive session during
a meeting, except as otherwise permitted by applicable statute. A
meeting may not be recessed and reconvened with the intent of
circumventing this subsection.
SOURCE: IC 5-28-6-2; (08)ES0314.1.14. -->
SECTION 14. IC 5-28-6-2, AS AMENDED BY P.L.1-2006,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. (a) The corporation shall develop
and promote programs designed to make the best use of Indiana
resources to ensure a balanced economy and continuing economic
growth for Indiana, and, for those purposes, may do the following:
(1) Cooperate with federal, state, and local governments and
agencies in the coordination of programs to make the best use of
Indiana resources.
(2) Receive and expend funds, grants, gifts, and contributions of
money, property, labor, interest accrued from loans made by the
corporation, and other things of value from public and private
sources, including grants from agencies and instrumentalities of
the state and the federal government. The corporation:
(A) may accept federal grants for providing planning
assistance, making grants, or providing other services or
functions necessary to political subdivisions, planning
commissions, or other public or private organizations;
(B) shall administer these grants in accordance with the terms
of the grants; and
(C) may contract with political subdivisions, planning
commissions, or other public or private organizations to carry
out the purposes for which the grants were made.
(3) Direct that assistance, information, and advice regarding the
duties and functions of the corporation be given to the corporation
by an officer, agent, or employee of the executive branch of the
state. The head of any other state department or agency may
assign one (1) or more of the department's or agency's employees
to the corporation on a temporary basis or may direct a division
or an agency under the department's or agency's supervision and
control to make a special study or survey requested by the
corporation.
(b) The corporation shall perform the following duties:
(1) Develop and implement industrial development programs to
encourage expansion of existing industrial, commercial, and
business facilities in Indiana and to encourage new industrial,
commercial, and business locations in Indiana.
(2) Assist businesses and industries in acquiring, improving, and
developing overseas markets and encourage international plant
locations in Indiana. The corporation, with the approval of the
governor, may establish foreign offices to assist in this function.
(3) Promote the growth of minority business enterprises by doing
the following:
(A) Mobilizing and coordinating the activities, resources, and
efforts of governmental and private agencies, businesses, trade
associations, institutions, and individuals.
(B) Assisting minority businesses in obtaining governmental
or commercial financing for expansion or establishment of
new businesses or individual development projects.
(C) Aiding minority businesses in procuring contracts from
governmental or private sources, or both.
(D) Providing technical, managerial, and counseling assistance
to minority business enterprises.
(4) Assist the office of the lieutenant governor in:
(A) community economic development planning;
(B) implementation of programs designed to further
community economic development; and
(C) the development and promotion of Indiana's tourist
resources.
(5) Assist the secretary of agriculture and rural development in
promoting and marketing of Indiana's agricultural products and
provide assistance to the director of the
Indiana state department
of agriculture.
(6) With the approval of the governor, implement federal
programs delegated to the state to carry out the purposes of this
article.
(7) Promote the growth of small businesses by doing the
following:
(A) Assisting small businesses in obtaining and preparing the
permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and state
agencies.
(C) Providing information concerning business assistance
programs available through government agencies and private
sources.
(8) Establish a public information page on its current Internet site
on the world wide web. The page must provide the following:
(A) By program, cumulative information on the total amount
of incentives awarded, the total number of companies that
received the incentives and were assisted in a year, and the
names and addresses of those companies.
(B) A mechanism on the page whereby the public may request
further information online about specific programs or
incentives awarded.
(C) A mechanism for the public to receive an electronic
response.
(c) The corporation may do the following:
(1) Disseminate information concerning the industrial,
commercial, governmental, educational, cultural, recreational,
agricultural, and other advantages of Indiana.
(2) Plan, direct, and conduct research activities.
(3) Assist in community economic development planning and the
implementation of programs designed to further community
economic development.
SOURCE: IC 10-19-8-2; (08)ES0314.1.15. -->
SECTION 15. IC 10-19-8-2, AS AMENDED BY P.L.101-2006,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. (a) The council consists of the following
members:
(1) The lieutenant governor.
(2) The executive director.
(3) The superintendent of the state police department.
(4) The adjutant general.
(5) The state health commissioner.
(6) The commissioner of the department of environmental
management.
(7) The director of the Indiana state department of agriculture.
(8) The chairman of the Indiana utility regulatory commission.
(9) The commissioner of the Indiana department of transportation.
(10) The executive director of the Indiana criminal justice
institute.
(11) The commissioner of the bureau of motor vehicles.
(12) A local law enforcement officer or a member of the law
enforcement training academy appointed by the governor.
(13) The speaker of the house of representatives or the speaker's
designee.
(14) The president pro tempore of the senate or the president pro
tempore's designee.
(15) The chief justice of the supreme court.
(16) The director of the department of natural resources or, if
designated by the director, the deputy director who manages the
bureau of law enforcement and administration.
(17) The state veterinarian.
(b) The members of the council under subsection (a)(13), (a)(14),
and (a)(15) are nonvoting members.
(c) Representatives of the United States Department of Justice may
serve as members of the council as the council and the Department of
Justice may determine. Any representatives of the Department of
Justice serve as nonvoting members of the council.
SOURCE: IC 14-8-2-67; (08)ES0314.1.16. -->
SECTION 16. IC 14-8-2-67, AS AMENDED BY P.L.1-2006,
SECTION 206, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 67. (a) "Department", except for
purposes of IC 14-32, refers to the department of natural resources.
(b) "Department" for purposes of IC 14-32, refers to the Indiana
state department of agriculture established by IC 15-9-2-1.
SOURCE: IC 14-8-2-77; (08)ES0314.1.17. -->
SECTION 17. IC 14-8-2-77, AS AMENDED BY P.L.1-2006,
SECTION 207, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 77. "Division" has the following
meaning:
(1) For purposes of IC 14-9-8, the meaning set forth in
IC 14-9-8-2.
(2) For purposes of IC 14-20-1, the meaning set forth in
IC 14-20-1-2.
(3) For purposes of IC 14-21-1, the meaning set forth in
IC 14-21-1-6.
(4) For purposes of IC 14-22, the division of fish and wildlife.
(5) For purposes of IC 14-24, the division of entomology and
plant pathology.
(6) For purposes of IC 14-25.5, the division of water.
(7) For purposes of IC 14-31-2, the meaning set forth in
IC 14-31-2-4.
(8) For purposes of IC 14-32, the division of soil conservation of
the Indiana state department of agriculture established by
IC 15-9-4-1.
(9) For purposes of IC 14-37, the division of oil and gas.
SOURCE: IC 14-22-6-14; (08)ES0314.1.18. -->
SECTION 18. IC 14-22-6-14, AS AMENDED BY P.L.1-2006,
SECTION 213, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 14. (a) The:
(1) division of fish and wildlife of the department; and
(2) division of soil conservation established within the
Indiana
state department of agriculture by IC 15-9-4-1, through the soil
and water conservation districts established under IC 14-32;
shall, in cooperation with other conservation education organizations
and one (1) or more organizations of hunters, establish a program to
help landowners with problems determined by the director to be caused
by localized deer population.
(b) The program established under this section must educate
landowners concerning the means by which a landowner can:
(1) control; or
(2) obtain assistance in controlling;
the deer population on the landowner's tract of land.
(c) Under the program established under this section, one (1) or
more hunters or organizations of hunters may, upon request by a
landowner, work with the department and the landowner to alleviate
problems caused by localized deer populations.
(d) In each county, the division of fish and wildlife, in cooperation
with the soil and water conservation district established within the
county under IC 14-32, shall disseminate information about the
program established under this section.
SOURCE: IC 14-24-4.5-13; (08)ES0314.1.19. -->
SECTION 19. IC 14-24-4.5-13, AS AMENDED BY P.L.1-2006,
SECTION 215, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 13. (a) The director of the Indiana
state department of agriculture or the director's designee shall serve as
compact administrator for Indiana. The duties of the compact
administrator are considered a regular part of the duties of the
commissioner of agriculture.
(b) Copies of bylaws and amendments to the compact adopted under
section 4(h) of this chapter must be filed with the compact
administrator.
SOURCE: IC 14-24-4.5-14; (08)ES0314.1.20. -->
SECTION 20. IC 14-24-4.5-14, AS AMENDED BY P.L.1-2006,
SECTION 216, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 14. Within the meaning of sections
6(b) and 8(a) of this chapter, a request or an application for assistance
from the fund may be made by the director of the Indiana state
department of agriculture or the director's designee whenever the
director or director's designee believes the conditions qualifying the
state for assistance exist and it would be in the best interest of the state
to make a request.
SOURCE: IC 14-25-14-4; (08)ES0314.1.21. -->
SECTION 21. IC 14-25-14-4, AS ADDED BY P.L.112-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 4. (a) Each of the following state agencies shall
designate a representative to advise the task force:
(1) The department.
(2) The department of environmental management.
(3) The department of homeland security.
(4) The Indiana state department of agriculture.
(5) The state department of health.
(b) In addition to the representatives set forth in subsection (a), the
director may invite representatives of other state and federal agencies
as appropriate to advise the task force.
SOURCE: IC 14-32-2-1; (08)ES0314.1.22. -->
SECTION 22. IC 14-32-2-1, AS AMENDED BY P.L.175-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. The soil conservation board is established
within the Indiana state department of agriculture established by
IC 15-9-2-1 as the policy making body for soil and water conservation.
SOURCE: IC 14-32-2-3; (08)ES0314.1.23. -->
SECTION 23. IC 14-32-2-3, AS AMENDED BY P.L.175-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) A majority of the seven (7) appointed
members of the board must have experience as district supervisors.
(b) In making appointments to the board, the governor may invite
and consider the recommendations of the following:
(1) The Purdue University cooperative extension service.
(2) The Indiana state department of agriculture.
(3) The Indiana Association of Soil and Water Conservation
Districts.
(c) All appointments to the board shall be made without regard to
political affiliation.
(d) The members appointed to the board under section 2(1) and 2(2)
of this chapter must be residents of at least four (4) different
geographic regions of Indiana.
SOURCE: IC 14-32-2-7; (08)ES0314.1.24. -->
SECTION 24. IC 14-32-2-7, AS AMENDED BY P.L.175-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 7. (a) The governor may appoint advisory
members from other organizations that promote conservation,
including local, state, and federal agencies upon the recommendation
of the board.
(b) The governor shall appoint members to the advisory board that
represent the following:
(1) The Indiana state department of agriculture.
(2) The department of natural resources.
(3) The department of environmental management.
(4) The Purdue University cooperative extension service.
(5) The Indiana Association of Soil and Water Conservation
Districts.
(6) The Farm Service Agency of the United States Department of
Agriculture.
(7) The Natural Resources Conservation Service of the United
States Department of Agriculture.
SOURCE: IC 14-32-2-8; (08)ES0314.1.25. -->
SECTION 25. IC 14-32-2-8, AS AMENDED BY P.L.1-2006,
SECTION 221, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) The members of the board
shall elect a member as the chairman of the board.
(b) The director of the division of soil conservation established
within the Indiana state department of agriculture by IC 15-9-4-1 is
the secretary of the board.
SOURCE: IC 14-32-5-4; (08)ES0314.1.26. -->
SECTION 26. IC 14-32-5-4, AS AMENDED BY P.L.1-2006,
SECTION 222, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. (a) As used in this section,
"landfill" means a facility where solid waste is to be disposed of
through placement on or beneath the surface of the ground. However,
the term does not include any of the following:
(1) A land application operation regulated under 327 IAC 6.
(2) A surface impoundment.
(3) An injection well.
(4) A facility for the disposal of solid waste other than sludge
from a municipal wastewater treatment plant that is:
(A) generated at the site of the facility; or
(B) generated by the owner or operator of the facility.
(5) An operation permitted under IC 14-34.
(b) As used in this section, "underground injection" means the
subsurface emplacement of fluids through:
(1) a bored, drilled, or driven shaft; or
(2) a dug hole, the depth of which is greater than the hole's largest
surface dimension.
(c) A district shall inspect every landfill located within the
boundaries of the district for compliance with rules adopted under
IC 13-18 or IC 13-19 concerning erosion and sediment control. Each
landfill shall be inspected under this section at least two (2) times each
calendar year as follows:
(1) One (1) time before July 1.
(2) One (1) time after June 30 and before December 31.
(d) Not later than ten (10) days after an inspection of a landfill under
this section, the individual who conducted the inspection on behalf of
the district shall prepare a written report on the results of the inspection
and send the report to the following:
(1) The executive of the county.
(2) The commissioner of the department of environmental
management.
(3) The director of the division of soil conservation established
within the Indiana state department of agriculture by
IC 15-9-4-1.
SOURCE: IC 14-32-7-6; (08)ES0314.1.27. -->
SECTION 27. IC 14-32-7-6, AS AMENDED BY P.L.175-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) The division of soil conservation:
(1) shall administer and coordinate the duties and responsibilities
of the Indiana state department of agriculture under the land
resource programs authorized by this chapter; and
(2) in carrying out its duties under subdivision (1), may work in
cooperation with the following:
(A) Federal and state agencies.
(B) Local governmental agencies involved in land use
planning and zoning.
(C) Any person, firm, institution, or agency, public or private,
having an interest in land conservation.
(b) The Indiana state department of agriculture may employ the
personnel and provide facilities and services that are necessary to carry
out the Indiana state department of agriculture's duties and
responsibilities under this chapter.
(c) The Indiana state department of agriculture shall prepare an
annual report of the division of soil conservation's expenditures and
accomplishments and that contains a proposed business plan.
SOURCE: IC 14-32-7-7; (08)ES0314.1.28. -->
SECTION 28. IC 14-32-7-7, AS AMENDED BY P.L.1-2006,
SECTION 224, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 7. (a) As used in this section,
"urban geology survey" means a systematic scientific identification,
inventory, and mapping of the earth materials of a given area that sets
forth the capabilities, potentials, and limitations of the earth materials
for human needs.
(b) The Indiana state department of agriculture shall use the money
appropriated by the general assembly to initiate and carry out a
program of urban geology surveys, together with other geologic
investigations, for Indiana to develop and present the geologic data and
information necessary to a coordinated land conservation program that
will promote sound land use decisions.
SOURCE: IC 14-32-7-8; (08)ES0314.1.29. -->
SECTION 29. IC 14-32-7-8, AS AMENDED BY P.L.1-2006,
SECTION 225, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) As used in this section,
"landscape survey" means a systematic scientific identification,
inventory, and mapping of the features of the earth's surface that serve
to constitute the landscape of a given area, including key factors such
as the following:
(1) Land form.
(2) Vegetation.
(3) Wildlife.
(4) Physical characteristics.
(5) Visual perception.
(6) Historical and cultural sites.
(b) The Indiana state department of agriculture shall use the money
appropriated by the general assembly to initiate and carry out a
program of landscape surveys for Indiana to develop and present the
surficial landscape data and information necessary to promote wise
land use decisions.
SOURCE: IC 14-32-7-8.5; (08)ES0314.1.30. -->
SECTION 30. IC 14-32-7-8.5, AS AMENDED BY P.L.175-2006,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 8.5. (a) As used in this section, "soil survey"
means a systematic scientific identification, inventory, and mapping of
the soils of a given area that sets forth the capabilities, potential, and
limitations of the soils in the satisfaction of human needs.
(b) The Indiana state department of agriculture shall use the money
appropriated by the general assembly to implement and supplement a
program of modern soil surveys and geographic information systems
(GIS) for Indiana that will, within the shortest practicable time, provide
a modern soil survey and geographic information system for each
county as an essential tool in land conservation.
SOURCE: IC 14-32-7-9; (08)ES0314.1.31. -->
SECTION 31. IC 14-32-7-9, AS AMENDED BY P.L.1-2006,
SECTION 227, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 9. The Indiana state department of
agriculture shall provide more support and assistance to the local soil
and water conservation districts by:
(1) granting to the districts the additional money that is
appropriated by the general assembly; and
(2) increased coordination and consultative services;
to obtain increased participation by the districts in the development of
improved local land use practices and decisions.
SOURCE: IC 14-32-7-10; (08)ES0314.1.32. -->
SECTION 32. IC 14-32-7-10, AS AMENDED BY P.L.1-2006,
SECTION 228, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10. The Indiana state department
of agriculture shall use the money appropriated by the general assembly
to expand the small watershed planning program as carried out in
cooperation with the Natural Resources Conservation Service of the
United States Department of Agriculture under 16 U.S.C. 1001 et seq.,
to reduce the accumulation of approved watershed planning requests
and expedite the realization of the multiple benefits of this soil and
water conservation program.
SOURCE: IC 14-32-7-11; (08)ES0314.1.33. -->
SECTION 33. IC 14-32-7-11, AS AMENDED BY P.L.1-2006,
SECTION 229, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 11. The Indiana state department
of agriculture shall coordinate and schedule the programs authorized
by sections 7 through 8 of this chapter to provide, as nearly as
practicable, for concurrent completion and furnishing of the results of
each program for each selected area study unit.
SOURCE: IC 14-32-7-13; (08)ES0314.1.34. -->
SECTION 34. IC 14-32-7-13, AS AMENDED BY P.L.1-2006,
SECTION 230, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 13. The Indiana state department
of agriculture shall administer this article subject to the direction of the
board.
SOURCE: IC 14-32-8-4; (08)ES0314.1.35. -->
SECTION 35. IC 14-32-8-4, AS AMENDED BY P.L.1-2006,
SECTION 231, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. The clean water Indiana program
is established. The division of soil conservation established within the
Indiana state department of agriculture by IC 15-9-4-1 shall
administer the program subject to the direction of the board.
SOURCE: IC 14-32-8-6; (08)ES0314.1.36. -->
SECTION 36. IC 14-32-8-6, AS AMENDED BY P.L.241-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) The clean water Indiana fund is established
to carry out the purposes of this chapter. The fund shall be
administered by the division of soil conservation subject to the
direction of the board.
(b) The fund consists of:
(1) amounts deposited in the fund under IC 6-7-1-29.3;
(2) amounts appropriated by the general assembly; and
(3) donations, grants, and money received from any other source.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund or any other fund but remains available to
the division to carry out the purposes of this chapter.
SOURCE: IC 15-1.5-2-2; (08)ES0314.1.37. -->
SECTION 37. IC 15-1.5-2-2, AS AMENDED BY P.L.1-2007,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. (a) The commission consists of
eight (8) members as follows:
(1) Five (5) members appointed by the governor.
(2) The presiding officer of the board.
(3) The director of the Indiana state department of agriculture or
the director's designee.
(4) The presiding officer of the trustees or the presiding officer's
designee who must be selected from the membership of the
trustees.
(b) The chairman of the state fair advisory committee appointed
under IC 15-1-1.5-5(c) or a member of the state fair advisory
committee designated by the chairman may serve as an ex officio
nonvoting member of the commission.
(c) Not more than one (1) member appointed under subsection
(a)(1) may reside in the same district. Each district is not required to
have a member of the commission represent it.
(d) Not more than three (3) members appointed under subsection
(a)(1) may be affiliated with the same political party.
(e) Two (2) members appointed under subsection (a)(1) must have
a recognized interest in agriculture or agribusiness.
SOURCE: IC 15-1.5-4-2; (08)ES0314.1.38. -->
SECTION 38. IC 15-1.5-4-2, AS AMENDED BY P.L.1-2006,
SECTION 234, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. (a) The board consists of
seventeen (17) members as follows:
(1) The governor or the governor's designee.
(2) The director of the Indiana state department of agriculture or
the director's designee.
(3) The director of the cooperative extension service of Purdue
University or the director's designee.
(4) Seven (7) members appointed by the governor, one (1) from
each district under this chapter.
(5) One (1) member elected from each district under this chapter.
(b) Not more than one (1) member appointed under subsection
(a)(4) may reside in the same district.
(c) Not more than four (4) members appointed under subsection
(a)(4) may be affiliated with the same political party.
(d) Each member appointed under subsection (a)(4) must have a
recognized interest in agriculture or agribusiness.
(e) When an appointment of a member under subsection (a)(4) is
required, the appointment may not be made until after the election of
members under subsection (a)(5) for that year is certified.
SOURCE: IC 15-1.5-4-9; (08)ES0314.1.39. -->
SECTION 39. IC 15-1.5-4-9, AS AMENDED BY P.L.1-2006,
SECTION 235, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 9. If an organization wants to be
certified to vote in an election under this chapter, the organization must
apply to the director of the Indiana state department of agriculture.
SOURCE: IC 15-1.5-4-10; (08)ES0314.1.40. -->
SECTION 40. IC 15-1.5-4-10, AS AMENDED BY P.L.1-2006,
SECTION 236, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10. (a) Subject to sections 11
through 13 of this chapter, the director of the Indiana state department
of agriculture shall certify an organization that applies under section 9
of this chapter only if the organization:
(1) is an agricultural interest;
(2) is regularly organized within the district;
(3) has at least ten (10) active members;
(4) has duly elected officers;
(5) has an annual meeting;
(6) has been in existence for at least one (1) year before the
application for certification is filed with the director of the
Indiana state department of agriculture; and
(7) before July 1 of the year of the election in which the
organization wants to participate, files with the director of the
Indiana state department of agriculture:
(A) the name of the organization;
(B) the names and addresses of the organization's officers;
(C) the name, address, and title of the individual who is
authorized by the organization to vote for the organization in
an election under this chapter;
(D) the number of the organization's active members;
(E) a certification that the organization is eligible to be
certified under this chapter; and
(F) other information required by the director of the Indiana
state department of agriculture.
(b) A certification expires on July 1 of the fourth year after the
certification is issued by the director of the Indiana state department
of agriculture.
SOURCE: IC 15-1.5-4-13; (08)ES0314.1.41. -->
SECTION 41. IC 15-1.5-4-13, AS AMENDED BY P.L.1-2006,
SECTION 237, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 13. (a) The director of the Indiana
state department of agriculture may not certify more than two (2)
organizations in a county representing an agricultural interest described
in any subdivision of IC 15-1.5-1-2.
(b) If more than two (2) organizations in a county representing an
agricultural interest described in a subdivision of IC 15-1.5-1-2 apply
for certification, the director of the Indiana state department of
agriculture may certify any two (2) organizations, considering the
following criteria:
(1) Order of application for certification.
(2) Number of members of each organization.
(3) How long each organization has been in existence.
(4) Activity of each organization in promotion of agricultural
interests.
(5) Diversity of representation of interests within the agricultural
community.
SOURCE: IC 15-1.5-4-14; (08)ES0314.1.42. -->
SECTION 42. IC 15-1.5-4-14, AS AMENDED BY P.L.1-2006,
SECTION 238, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 14. (a) Before September 1 of the
year the term of a member representing a district expires, the director
of the
Indiana state department of agriculture shall notify each
agricultural interest certified within the member's district that a
convention will be held to elect the member to represent the district.
(b) Subject to section 17 of this chapter, the director of the
Indiana
state department of agriculture shall state in the notice required by
subsection (a) the time and the place of the convention and the name
of the presiding officer. The director of the
Indiana state department
of agriculture shall choose a time and a place that will encourage
maximum participation in the convention by certified agricultural
interests.
SOURCE: IC 15-1.5-4-15; (08)ES0314.1.43. -->
SECTION 43. IC 15-1.5-4-15, AS AMENDED BY P.L.1-2006,
SECTION 239, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 15. The director of the Indiana
state department of agriculture shall send copies of the credentials of
each individual entitled to vote in a convention to the following:
(1) The board member representing the district.
(2) The individual who will preside over the district convention.
SOURCE: IC 15-1.5-4-16; (08)ES0314.1.44. -->
SECTION 44. IC 15-1.5-4-16, AS AMENDED BY P.L.1-2006,
SECTION 240, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 16. (a) The director of the Indiana
state department of agriculture shall choose from among the members
of the commission the individual to preside at a convention.
(b) The presiding officer of the convention may vote in the case of
a tie vote on any matter.
SOURCE: IC 15-1.5-4-18; (08)ES0314.1.45. -->
SECTION 45. IC 15-1.5-4-18, AS AMENDED BY P.L.1-2006,
SECTION 241, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 18. The director of the Indiana
state department of agriculture shall adopt rules for the business of a
convention. Rules adopted under this section may not be inconsistent
with this chapter.
SOURCE: IC 15-1.5-4-23; (08)ES0314.1.46. -->
SECTION 46. IC 15-1.5-4-23, AS AMENDED BY P.L.1-2006,
SECTION 242, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 23. The director of the Indiana
state department of agriculture may:
(1) adopt rules under IC 4-22-2; and
(2) prescribe forms;
to implement sections 9 through 22 of this chapter.
SOURCE: IC 15-1.5-10.5-4; (08)ES0314.1.47. -->
SECTION 47. IC 15-1.5-10.5-4, AS AMENDED BY P.L.1-2006,
SECTION 243, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The trustees govern the barn.
The trustees consist of seventeen (17) members as follows:
(1) The governor or the governor's designee.
(2) The director of the
Indiana state department of agriculture or
the director's designee.
(3) The dean of agriculture of Purdue University or the dean's
designee.
(4) The president of the Purdue University Agriculture Alumni
Association or the president's designee.
(5) The state superintendent of public instruction or the state
superintendent's designee.
(6) The state veterinarian or the state veterinarian's designee.
(7) The presiding officer of the state fair commission or the
presiding officer's designee selected from the membership of the
state fair commission.
(8) The presiding officer of the state fair board or the presiding
officer's designee selected from the membership of the state fair
board.
(9) One (1) member appointed by the largest Indiana organization
representing agricultural interests in Indiana, as determined by the
number of members of the organization. The member serves at
the pleasure of the member's organization.
(10) One (1) member appointed by the second largest Indiana
organization representing agricultural interests in Indiana, as
determined by the number of members of the organization. The
member serves at the pleasure of the member's organization.
(11) Seven (7) members appointed by the governor.
(b) Of the members appointed under subsection (a)(11), not more
than four (4) may be affiliated with the same political party.
(c) Each member appointed under subsection (a)(11) must have a
recognized interest in the barn.
SOURCE: IC 15-3-3-3; (08)ES0314.1.48. -->
SECTION 48. IC 15-3-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. The following
definitions apply throughout this chapter:
(1) "Fertilizer material" means any substance containing nitrogen,
phosphate, potash, or any recognized plant nutrient that is used
for its plant nutrient content and that is designed to have value in
promoting plant growth. The term includes unmanipulated animal
and vegetable manures.
(2) "Mixed fertilizer" means any combination or mixture of
fertilizer materials designed for use or claimed to have value in
promoting plant growth.
(3) "Commercial fertilizer" includes mixed fertilizer or fertilizer
materials, except nonprocessed manure, marl, lime, wood ashes,
and plaster.
(4) "Brand" means a term, design, or trademark used in
connection with one (1) or several grades of fertilizer.
(5) "Grade" means the minimum percentage of total nitrogen,
available phosphate (P
2O
5), and soluble potash (K
2O) stated in the
order given in this definition.
(6) "Official sample" means any sample of commercial fertilizer
taken by the state chemist or the state chemist's agent.
(7) "Ton" means a net weight of two thousand (2,000) pounds
avoirdupois.
(8) "Percent" or "percentage" means the percentage by weight.
(9) "Person" includes an individual, partnership, association, firm,
limited liability company, and corporation.
(10) "Distributor" means a person who offers for sale, sells,
barters, or otherwise supplies commercial fertilizers.
(11) "Sell" or "sale" includes exchange.
(12) "Specialty fertilizer" means a fertilizer distributed for
nonfarm use.
(13) "Bulk fertilizer" means a fertilizer distributed in
nonpackaged form.
(14) "Registrant" means a person who registers fertilizer under
this chapter.
(15) "Storage" means storage of bulk fertilizer by a person who
manufactures or distributes bulk fertilizer or stores bulk fertilizer
for personal use.
(16) "Board" means the Indiana fertilizer advisory board.
(17) "Blender" means a person
who is or system engaged in the
business of blending fertilizer materials.
(18) "Blending" means the physical mixing or combining of:
two
(2) or more fertilizer materials, including the mixing, through the
simultaneous application of two (2) or more fertilizer materials,
(A) one (1) or more fertilizer materials and one (1) or more
filler materials;
(B) two (2) or more fertilizer materials; or
(C) two (2) or more fertilizer materials and filler
materials;
including mixing through the simultaneous or sequential
application of any of the combinations in clause (A), (B), or
(C) to produce a uniform mixture.
(19) "Custom blend" means a fertilizer blended according to
specifications provided to a blender in a soil test nutrient
recommendation or to meet specific
requests of a consumer
requirements (who is the end user) before blending.
(20) "Use" means the
process of placing placement or usage of
commercial fertilizer
to promote plant growth. on a targeted
growing area.
(21) "Ammonium nitrate" means the ammonium salt of nitric
acid, which must contain not less than thirty-three percent
(33%) nitrogen, fifty percent (50%) of which is in the
ammonium form and fifty percent (50%) of which is in the
nitrate form.
SOURCE: IC 15-3-3-4; (08)ES0314.1.49. -->
SECTION 49. IC 15-3-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) Before
distribution in Indiana, each brand and grade of commercial fertilizer
shall be registered in the name of the person whose name appears on
the label. The application for registration shall be submitted to the state
chemist on a form furnished by the state chemist and shall be
accompanied by a fee of twenty dollars ($20) for each grade of each
brand. Fertilizers sold in packages of twelve (12) pounds or less shall
be registered for a fee of fifty dollars ($50) for each grade of each
brand. Upon approval by the state chemist, a copy of the registration
shall be furnished to the applicant. All registrations expire on June 30
each year.
(b) In addition to the appropriate filing fee set forth in subsection
(a), a late filing fee equal to one hundred percent (100%) of the
appropriate filing fee shall be assessed:
(1) for an application to renew the registration of a commercial
fertilizer under this section that is received after July 31; or
(2) on a product that must be registered under this section before
distribution in Indiana but is found to be in distribution before
registration.
(c) The application shall include the following information:
(1) The name and address of the registrant.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage of
plant food claimed in the following order and form:
Total Nitrogen
(N) percent
Available Phosphate (P
2O
5) percent
Soluble Potash (K
2O) percent
When applied to mixed fertilizers, grade shall be given in whole
numbers only. However, the state chemist may permit fractional
numbers to be used for specialty fertilizers or when additional plant
food elements or other additives are added. Unacidulated mineral
phosphatic materials and basic slag shall be guaranteed as to both total
and available phosphate and the degree of fineness. In the case of bone,
tankage, and other natural organic phosphate materials, only the total
phosphate need be guaranteed. Additional plant food elements or other
additives, determinable by chemical methods, may be guaranteed only
by permission of the state chemist who shall grant such permission
only if the state chemist determines that the granting of such
permission would not constitute a misrepresentation and is correct with
the advice of the dean of agriculture of Purdue University or the dean's
designee. When any such additional plant foods are claimed, they the
plant foods shall be included in the guarantee in the form of the
element and shall be subject to inspection and analysis in accordance
with the methods that may be prescribed by the state chemist.
(d) A distributor is not required to register a brand of commercial
fertilizer that is registered under this chapter by another person if the
label used by the distributor does not differ in any respect from that
used by the registrant.
(e) A distributor who acts as a blender is not required under
subsection (a) to register a custom blend that the distributor produces
if the fertilizer materials blended together to produce the custom blend
are registered under subsection (a). However, a distributor who acts as
a blender shall provide the state chemist with the following information
about each custom blend that the distributor produces:
(1) The name and address of the distributor.
(2) The brand and grade of the custom blend.
(3) The guaranteed analysis of the custom blend showing the
minimum percentage of plant food claimed in the following order
and form:
(A) The percent of total nitrogen (N).
(B) The percent of available phosphate (P2O5).
(C) The percent of soluble potash (K2O).
SOURCE: IC 15-3-3-15.5; (08)ES0314.1.50. -->
SECTION 50. IC 15-3-3-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 15.5. (a) If a person violates this
chapter or a rule adopted under this chapter, the state chemist
may:
(1) warn or issue a citation to the person; or
(2) deny, suspend, revoke, or amend the person's registration
under this chapter.
(b) A person who knowingly or intentionally violates this
chapter commits a Class A misdemeanor.
SOURCE: IC 15-3-3-17; (08)ES0314.1.51. -->
SECTION 51. IC 15-3-3-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 17. (a) The Indiana
fertilizer advisory board is established to study the regulation of
fertilizer and to advise the state chemist on the administration of this
chapter.
(b) The board consists of the following members:
(1) Two (2) representatives of the retail fertilizer industry.
(2) One (1) representative of fertilizer manufacturing,
distributing, or manufacturing and distributing.
(3) Two (2) representatives of producers of agricultural crops.
(4) One (1) representative of the lawn care industry.
(5) One (1) representative of the Purdue School of Agriculture.
(6) One (1) representative of a public conservation organization.
(7) One (1) representative of the livestock industry.
(7) (8) The president of the Indiana Plant Food and Agricultural
Chemicals Association, who shall serve as a nonvoting member.
(8) (9) One (1) representative of the department of environmental
management, who shall serve as a nonvoting member.
(9) (10) The fertilizer administrator for the office of the state
chemist, who shall serve as a nonvoting member.
(10) (11) The engineer specialist for the office of the state
chemist, who shall serve as a nonvoting member.
(12) One (1) representative of the department of agriculture,
who shall serve as a nonvoting member.
(c) The voting members of the board shall be appointed by the state
chemist for terms of four (4) years.
(d) Voting members of the board may be appointed for successive
terms at the discretion of the state chemist.
(e) The state chemist may remove a voting member of the board for
cause before the expiration of the member's term.
(f) Vacancies created by the death, resignation, or removal for cause
of a member of the board must be filled in the manner prescribed for
appointment to that board position. Vacancies must be filled within
thirty (30) days of the death, resignation, or removal for cause.
(g) The board shall elect one (1) of its voting members chairperson
to serve for a term of two (2) years, unless the chairperson's
appointment expires before the expiration of the term, in which case
the term is for the duration of the chairperson's appointment.
(h) The board may meet at times specified by the chairperson or by
a majority of the board, but shall not meet less than annually.
(i) Five (5) voting members of the board constitutes a quorum.
Official actions require a majority of the voting members. The
chairperson may actively participate in all decisions of the board.
(j) Each member of the board who is not a state employee is entitled
to receive both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures established by
the Indiana department of administration and approved by the
budget agency.
Each member of the board who is a state employee is entitled to
reimbursement for travel expenses as provided under IC 4-13-1-4 and
other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the Indiana department of administration and approved
by the budget agency.
(k) The board shall invite nonvoting members to serve at the
pleasure of the board.
SOURCE: IC 15-3-3.5-2; (08)ES0314.1.52. -->
SECTION 52. IC 15-3-3.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. As used in this
chapter, unless otherwise provided:
(1) The term "active ingredient" means:
(A) in the case of a pesticide other than a plant regulator,
defoliant, or desiccant, an ingredient that will:
(i) prevent;
(ii) destroy;
(iii) repel; or
(iv) mitigate;
insects, nematodes, fungi, rodents, weeds, or other pests;
(B) in the case of a plant regulator, an ingredient that, through
physiological action, will accelerate or retard the rate of
growth or rate of maturation or
otherwise alter the behavior of:
(i) ornamental or crop plants; or
(ii) the produce of ornamental or crop plants;
(C) in the case of a defoliant, an ingredient that will cause the
leaves or foliage to drop from a plant;
and
(D) in the case of a desiccant, an ingredient that will
artificially accelerate the drying of plant tissue;
and
(E) in the case of a nitrogen stabilizer, an ingredient that
will prevent or hinder the process of nitrification,
denitrification, ammonia volatilization, or urease
production through an action affecting soil bacteria.
(2) The term "adulterated" means a pesticide that has its strength
or purity fall below the professed standard or quality as expressed
on labeling or under which it is sold, or if any substance has been
substituted wholly or in part for the pesticide product or if any
valuable constituent of the pesticide product has been wholly or
in part abstracted.
(3) The term "antidote" means the most practical immediate
treatment in case of poisoning and includes first aid treatment.
(4) The term "board" means the Indiana pesticide review board
created by this chapter to collect, analyze, and interpret
information on matters relating to the use of pesticides.
(5) The term "defoliant" means any substance or mixture of
substances intended to cause leaves or foliage to drop from a
plant with or without causing abscission.
(6) The term "desiccant" means any substance or mixture of
substances intended for artificially accelerating the drying of plant
tissues.
(7) The term "device" means any instrument or contrivance
intended for trapping, destroying, repelling, or mitigating insects
or rodents or destroying, repelling, or mitigating fungi, weeds,
nematodes, or other pests as may be designated by the board. The
term does not include:
(A) equipment used for the application of pesticides when sold
separately from the pesticides;
(B) firearms; or
(C) simple mechanical devices, such as barriers, traps, or
adhesives, or other simple contrivances that are not subject to
this chapter as determined by the pesticide review board.
(8) The term "distribute" means to offer for sale, sell, exchange,
barter or otherwise supply or offer to supply pesticide products.
(9) The term "fungi" means all non-chlorophyll-bearing
thallophytes (all non-chlorophyll-bearing plants of a lower order
than mosses and liverworts), including rusts, smuts, mildews,
molds, yeasts, bacteria, and viruses, except those on or in living
man or other animals.
(10) The term "fungicide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any fungi.
(11) The term "herbicide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any weed.
(12) The term "highly volatile herbicide" means those herbicides
that the board has determined to be capable of emitting vapors
that may cause serious injury to desired plants by reason of
movement of the vapors from the area of application of the
herbicide to areas inhabited by the desired plants.
(13) The term "inert ingredient" means an ingredient that is not an
active ingredient.
(14) The term "ingredient statement" means
either: any of the
following:
(A) A statement of the name and percentage of each active
ingredient, together with the total percentage of the inert
ingredients, in the pesticide.
or
(B) A statement of the name of each active ingredient in
decreasing order of abundance and the total percentage of
active ingredients, together with the name of each and total
percentage of the inert ingredients, if any, in the pesticide.
except clause (A) shall apply if the preparation is highly toxic
to man, determined under section 10 of this chapter; and
in addition to clause (A) and clause (B), if a pesticide contains
arsenic in any form, a statement of the percentages of total and
water soluble arsenic, each calculated as elemental arsenic.
(15) The term "insect" means any small invertebrate animals
generally having the body more or less obviously segmented, for
the most part belonging to the class Insecta, comprising six (6)
legged, usually winged forms, including beetles, bugs, bees, flies,
and other allied classes of arthropods whose members are
wingless and usually have more than six (6) legs, including
spiders, mites, ticks, centipedes, and wood lice.
(16) The term "insecticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any insects that may be present in any environment.
(17) The term "label" means the written, printed, or graphic
matter on, or attached to, a pesticide product or the immediate
container of the pesticide product, and any outside container or
wrapper of the retail package of the pesticide product.
(18) The term "labeling" means all labels and other written,
printed, or graphic matter:
(A) upon the pesticide product or any of its containers or
wrappers;
(B) accompanying the pesticide product at any time; or
(C) to which reference is made on the label or in literature
accompanying the pesticide product, except when accurate,
nonmisleading reference is made to current official
publications of:
(i) the United States
Departments Department of
Agriculture;
or
(ii) the United States Department of Interior;
(iii) the United States
Public Department of Health
Service,
and Human Services;
(iv) the United States Environmental Protection Agency;
(v) state experiment stations;
(vi) state agricultural colleges; or
(vii) other similar federal institutions or official agencies of
this state or other states authorized by law to conduct
research in the field of pesticides.
(19) The term "misbranded" means:
(A) any pesticide product if its labeling bears any statement,
design, or graphic representation relative to the pesticide
product or to its ingredients that is false or misleading;
(B) any pesticide product:
(i) if it is an imitation of or is offered for sale under the
name of another pesticide product;
(ii) if its labeling bears any reference to registration under
this chapter;
(iii) if the labeling accompanying it does not contain
instructions for use that are necessary and, if complied with,
adequate for the protection of the public;
(iv) if the label does not contain a warning or caution
statement that may be necessary and, if complied with,
adequate to prevent injury to living man and other vertebrate
animals;
(v) if the label does not bear an ingredient statement on that
part of the immediate container and on any outside container
or wrapper through which the ingredient statement on the
immediate container cannot be clearly read, of the retail
package that is presented or displayed under customary
conditions of purchase. However, a pesticide product is not
misbranded under this definition if the size or form of the
immediate container, or the outside container or wrapper of
the retail package, makes it impracticable to place the
ingredient statement on the part that is presented or
displayed under customary conditions of purchase and the
ingredient statement appears prominently on another part of
the immediate container, or outside container or wrapping,
or labeling, as permitted by the state chemist;
(vi) if any word, statement, or other information required
under this chapter or the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 135 et seq.) to appear on the
labeling is not prominently placed on the labeling with
conspicuousness (as compared with other words, statements,
designs, or graphic matter in the labeling) and in terms as to
render it likely to be read and understood by the average
individual under customary conditions of purchase and use;
(vii) if in the case of an insecticide, nematocide, fungicide,
or herbicide, when used as directed or in accordance with
commonly recognized practice, it shall be injurious to living
man or other vertebrate animals or vegetation, except weeds,
to which it is applied, or to the person applying the
pesticide;
(viii) in the case of a plant regulator, defoliant, or desiccant
when used as directed it shall be injurious to living man or
other vertebrate animals, or vegetation to which it is applied,
or to the person applying the pesticide. However, physical or
physiological effects on plants or parts of plants shall not be
deemed to be injurious, when this is the purpose for which
the plant regulator, defoliant, or desiccant was applied, in
accordance with the label claims and recommendations; or
(ix) if the immediate container does not clearly display the
United States Environmental Protection Agency
establishment number indicating the specific location where
the pesticide product was produced.
(20) The term "nematocide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating nematodes.
(21) The term "nematode" means the invertebrate animals of the
phylum nemathelminthes and class Nematoda, that is,
unsegmented round worms with elongated, fusiform, or saclike
bodies covered with cuticle, and inhabiting soil, water, plants, or
plant parts also called nemas or eelworms.
(22) The term "person" means any individual, partnership,
association, fiduciary, corporation, or organized group of persons
whether incorporated or not.
(23) The term "pesticide" means:
(A) any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating a pest; and
(B) any substance or mixture of substances intended for use as
a plant regulator, defoliant, or desiccant.
(24) The term "pesticides for use by prescription only" means any
pesticide that the board has found to be more hazardous by one
(1) criterion or another than a restricted use pesticide so that any
specific use and application shall be determined and prescribed
by a qualified pest management specialist approved by the state
chemist.
(25) The term "plant regulator" means any substance or mixture
of substances, intended through physiological action, for
accelerating or retarding the rate of growth or rate of maturation,
or for otherwise altering the behavior of ornamental or crop plants
or the produce of ornamental or crop plants, but shall not include
substances to the extent that they are intended as plant nutrients,
trace elements, nutritional chemicals, plant inoculants, and soil
amendments.
(26) The term "registrant" means the person registering any
pesticide product under this chapter.
(27) The term "restricted use pesticide" means any pesticide
classified as a restricted use pesticide by the administrator of the
United States Environmental Protection Agency or a pesticide
that the board has determined to be unduly hazardous to persons,
animals, plants, wildlife, waters, or lands, other than the pests it
is intended to prevent, destroy, control, or mitigate.
(28) The term "rodenticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating rodents or any other vertebrate animal that the board
shall declare to be a pest.
(29) The term "weed" means any plant that grows where the plant
is not wanted.
(30) The term "aquatic ecologist" means a scientist with a degree
in, or extensive training in, or experience in at least one (1) of the
following:
(A) Aquatic ecology.
(B) Limnology.
(C) Invertebrate zoology.
(D) Invertebrate ecology.
(E) Ichthyology.
(F) Aquatic botany.
(G) Algology.
(H) Primary production ecology.
(31) The term "terrestrial ecologist" means a scientist with a
degree in, or extensive training in, or experience in at least one (1)
of the following:
(A) Animal ecology.
(B) Plant ecology.
(C) Vertebrate natural history.
(D) Herpetology.
(E) Ornithology.
(F) Mammalogy.
(G) Field zoology.
(32) The term "bulk pesticides" means any pesticide or mixture of
pesticides that is transported or held in an immediate reusable
container in undivided quantities greater than one hundred (100)
pounds net dry weight or fifty-five (55) U.S. gallons liquid
measure. The term does not include pesticides that are in the
custody of the ultimate user and have been prepared for
application by the ultimate user to use in dilution formula
strength.
(33) "Final printed labeling" means the printed label and other
labeling that will appear on or accompany a pesticide product.
(34) "Front panel" means the part of a label that is visible to a
purchaser under normal conditions of sales displays.
(35) "Immediate container" means that part of a container that is
in direct contact with a pesticide product.
(36) "Pest" has the meaning set forth in IC 15-3-3.6-2(22).
(37) "Pesticide formulation" means a pesticide product comprised
of all active ingredients and inert ingredients.
(38) "Pesticide product" means a pesticide or device offered for
distribution or use, including any labeling.
(39) "Produce" means to manufacture, prepare, compound,
process, or change the container of a pesticide product or an
active ingredient. The term does not include the dilution by
individuals of formulated pesticides for the individual's use done
according to the directions on a label.
(40) "Wildlife" has the meaning set forth in IC 15-3-3.6-2(29).
SOURCE: IC 15-3-3.5-3; (08)ES0314.1.53. -->
SECTION 53. IC 15-3-3.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3.
It is unlawful for any
Except as provided in section 4 of this chapter, a person
to may not
produce, distribute, display, sell, or offer for sale within
this state
Indiana or deliver for transportation or transport in intrastate
commerce or between points within
this state Indiana through any
point outside
this state Indiana any of the following:
(1) Any pesticide product that has not been registered under
section 5 of this chapter.
(2) Any pesticide product if any of the claims made for it or any
of the directions for its use differ in substance from the
representations made in connection with its registration.
(3) A pesticide product if the composition of the product differs
from the composition as represented in connection with its
registration. However, at the discretion of the state chemist, a
change in the labeling or formula of a pesticide may be made
within a registration period without requiring reregistration of the
product.
(4) Any pesticide (except a bulk pesticide or a pesticide in a
container
specifically designed and constructed to accommodate
the return and refill of
greater than fifty-five (55) gallons liquid or
one hundred (100) pounds of dry material) the container unless
it is in the registrant's or the manufacturer's unbroken immediate
container, and there is affixed to that container, and to any outside
container or wrapper of the retail package through which the
required information on the immediate container cannot be clearly
read, a label bearing:
(A) the name and address of the manufacturer, registrant, or
person for whom manufactured;
(B) the name, brand, or trademark under which the pesticide
product is sold; and
(C) the net weight or measure of the content, subject, however,
to reasonable variations as the state chemist may permit.
(5) The pesticides commonly known as standard lead arsenate,
basic lead arsenate, calcium arsenate, magnesium arsenate, zinc
arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and
barium fluosilicate unless they have been distinctly colored or
discolored as provided by rules adopted under this chapter, or any
other white powder pesticide that the state chemist, after
investigation of and after public hearing on the necessity for
action for the protection of the public health and the feasibility of
coloration or discoloration, shall, by rule, require to be distinctly
colored or discolored unless it has been so colored or discolored.
The state chemist may exempt any pesticide to the extent that it
is intended for a particular use or uses from the coloring or
discoloring required or authorized by this section if the state
chemist determines that coloring or discoloring is not necessary
for the protection of the public health.
(6) (5) Any pesticide product that is adulterated or misbranded.
(7) (6) Any pesticide in containers violating rules adopted under
section 10(3) of this chapter. Pesticides found in containers that
are unsafe due to damage may be seized and impounded.
(8) (7) A highly volatile herbicide, (as defined in section 2(12) of
this chapter) except on written permission by the state chemist.
(9) (8) Any bulk pesticide unless it is accompanied in all transfers
of custody or ownership by or held in storage vessels to which is
affixed a label bearing the information specified in subdivision
(4).
SOURCE: IC 15-3-3.5-7; (08)ES0314.1.54. -->
SECTION 54. IC 15-3-3.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) The state chemist
shall require the submission of the complete formula of any pesticide
product, including the confidential:
(1) statement of formula;
(2) analytical methods for the analysis of the pesticide
formulation and the analysis of residues of the pesticide product
in environmental media; and
(3) analytical standards of the pesticide product.
In the case of a federally registered product, this requirement may be
waived.
(b) The state chemist shall register a pesticide product, if:
(1) the state chemist determines that the composition of the
pesticide product is such as to warrant warrants the proposed
claims for it; and if the pesticide product;
(2) the pesticide product, and its labeling, and other material
required to be submitted comply with the requirements of section
5 of this chapter; the state chemist shall register the pesticide
product. and
(3) the state chemist determines that the person submitting
the application for registration has complied with the
requirements of this chapter.
(c) The state chemist shall notify the applicant that the pesticide
product, labeling, or other material required to be submitted fails
to comply with the law if it does not appear to the state chemist
determines:
(1) that the pesticide product is such as to warrant the proposed
claims for it the pesticide product; or if
(2) the pesticide product, and its labeling, and other material
required to be submitted;
do not comply with this chapter.
(d) If the state chemist notifies an applicant under subsection
(c), the state chemist shall notify give the applicant of the manner in
which the pesticide product, labeling, or other material required to be
submitted fail to comply with the law so as to afford the applicant an
opportunity to make the necessary corrections. If upon receipt of
notice, the applicant does not make the corrections, the state chemist
may refuse to register the pesticide product.
(d) (e) The state chemist, in accordance with the procedures
specified in this section, may deny, suspend, or cancel the registration
of a pesticide whenever the state chemist determines that the:
(1) pesticide product; or its
(2) pesticide product's labeling; or
(3) the person submitting the application for registration of
the pesticide product;
does not comply with this chapter.
(e) Whenever (f) If:
(1) an application for registration is refused; or
(2) the state chemist proposes to deny, suspend, or cancel a
registration;
notice of such the action shall and information concerning the
person's right to obtain a review under section 7.5 of this chapter
must be given to the applicant or registrant. who shall have fifteen (15)
days from the date of such notice to request a hearing on the proposed
action in accordance with IC 4-21.5.
SOURCE: IC 15-3-3.5-7.5; (08)ES0314.1.55. -->
SECTION 55. IC 15-3-3.5-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 7.5. (a) A person who is:
(1) regulated under this chapter; and
(2) aggrieved by any decision of the state chemist;
may obtain a review by the board, if the person files a written
petition with the board not later than thirty (30) days after the
state chemist's decision.
(b) The board shall provide a copy of a petition filed under
subsection (a) to the state chemist not later than seven (7) days
after receiving the petition.
(c) Not more than fifteen (15) days after receiving a petition
under subsection (b), the state chemist shall certify and file with
the board a transcript of any record related to the petition,
including a transcript of any evidence received.
(d) Whenever a hearing is held under this section, the board
may designate one (1) or more persons as the board's agent or
representative to conduct the hearing. The agent or representative
shall conduct the hearing in the manner provided by IC 4-21.5-3.
(e) After hearing the appeal, the board shall affirm, set aside, or
modify the action of the state chemist. However, the state chemist's
finding of facts that are supported by the substantial evidence is
considered conclusive.
(f) A person aggrieved by any action of the board may obtain
judicial review under IC 4-21.5-5.
SOURCE: IC 15-3-3.5-12; (08)ES0314.1.56. -->
SECTION 56. IC 15-3-3.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a)
There is created
The Indiana pesticide review board
consisting is established. The
board consists of the following members:
(1) One (1) representative of the state department of health.
(2) One (1) representative of the state toxicologist.
(3) One (1) representative of the state veterinarian.
(4) (2) One (1) representative of the department of natural
resources.
(5) (3) One (1) representative of the department of environmental
management.
(6) (4) One (1) representative of the Purdue University office of
agricultural research programs.
(7) (5) One (1) representative of the Purdue University
cooperative extension service.
(8) (6) Two (2) ecologists with earned doctorate degrees:
(A) one (1) a terrestrial ecologist; and
(B) one (1) an aquatic ecologist.
No more than one (1) ecologist may be from a state supported
university or college and no Not more than one (1) ecologist may
be a plant ecologist.
(9) (7) One (1) public representative.
(10) (8) One (1) representative of the pesticide industry.
(11) (9) Two (2) representatives of producers of agricultural crops
or products on which pesticides are applied or that may be
affected by the application of pesticides:
(A) one (1) of whom represents producers of agronomic crops;
and
(B) one (1) of whom represents producers of nonagronomic
crops.
(12) (10) One (1) public representative from conservation
organizations.
(13) (11) Three (3) qualified scientists, one (1) each in the fields
of entomology, plant pathology, and weed science. One (1)
scientist must be the representative of either the Purdue
University office of agricultural research programs or the Purdue
University cooperative extension service.
(14) (12) Three (3) certified and licensed commercial applicators
of pesticides who must represent three (3) different certificate or
license categories established under IC 15-3-3.6-5.
(15) (13) The state chemist, who
is an ex officio member and
shall serve as a nonvoting member.
(16) (14) The pesticide administrator for the office of the state
chemist, who shall serve as a nonvoting member.
(17) (15) The pesticide training coordinator, who shall serve as a
nonvoting member.
(b) The voting members shall be appointed by the governor for
terms of four (4) years
and, subject to subsection (d), continue until
the member's successor is approved and qualified. Appointments
shall be made so that no more than five (5) terms expire annually.
(c) Voting members may be appointed for successive terms at the
discretion of the governor.
(d) The governor may remove a voting member of the board prior
to the expiration of the member's term for cause.
SOURCE: IC 15-3-3.5-16; (08)ES0314.1.57. -->
SECTION 57. IC 15-3-3.5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 16. Ten (10) (a) Nine
(9) members of the board shall constitute a quorum. and
(b) Official actions will be are subject to approval by a simple
majority of board members present at a called meeting.
(c) The chairman chairperson shall actively participate in all
decisions of the board.
SOURCE: IC 15-3-3.5-17; (08)ES0314.1.58. -->
SECTION 58. IC 15-3-3.5-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 17. State officials and
staff members of state offices as well as Purdue University office of
agricultural research programs and cooperative extension service staff
members appointed to the board shall serve without compensation but
shall be entitled to receive per diem payments at rates and under
conditions incident to these positions. The following individuals
appointed to the board shall serve without compensation but are
entitled to receive per diem payments at rates and under conditions
incident to these positions:
(1) State officials.
(2) Staff members of state offices.
(3) Staff members of the Purdue University office of
agricultural research programs.
(4) Cooperative extension service staff members.
Other members are entitled to reimbursement for traveling and other
expenses as provided in the state Purdue University travel policies
and procedures, established by the Indiana Purdue University
department of administration transportation and approved by the
budget agency. Purdue University vice president of business
services.
SOURCE: IC 15-3-3.5-18; (08)ES0314.1.59. -->
SECTION 59. IC 15-3-3.5-18, AS AMENDED BY P.L.40-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 18. The state chemist individually or through the
state chemist's agent may do the following:
(1) Enter any public or private premises, including any vehicle of
transport during regular business hours: in order
(A) to:
(i) have access to; and to
(ii) obtain samples of;
pesticide products; and
(B) to:
(i) examine; and
(ii) copy;
records relating to their the production, use, transportation,
and sale of pesticide products, subject to this chapter and the
rules adopted under this chapter.
(2) Enter at all a reasonable times time in or upon any:
(A) private; or
(B) public property;
for the purpose of inspection and investigating conditions
possibly resulting from the use or misuse of a pesticide product.
SOURCE: IC 15-3-3.5-19; (08)ES0314.1.60. -->
SECTION 60. IC 15-3-3.5-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 19. (a) The
examination of pesticide products shall be made under the direction of
the state chemist for the purpose of determining whether the pesticide
products comply with the requirements of this chapter.
(b) If it appears after an examination that a pesticide product fails
to comply with this chapter, and the state chemist contemplates
instituting proceedings against any person, the state chemist shall cause
give appropriate notice to be given to the person. Any
(c) A person notified under subsection (b) shall be given an
opportunity to present the person's views, either orally or in writing,
with regard to the contemplated proceedings, and, to the state chemist.
(d) If in the opinion of the state chemist it shall appear that
determines that a person violated this chapter, has been violated by
the person, then subject to subsection (e), the state chemist shall may
refer the facts to the prosecuting attorney for the county in which the
violation occurred with a copy of the results of the analysis or the
examination of the pesticide product. Nothing in
(e) This chapter may not be construed as requiring the state chemist
to report for prosecution or for the institution of other proceedings
minor violations of this chapter whenever the state chemist believes
that the public interests will be best served by other action.
SOURCE: IC 15-3-3.5-25; (08)ES0314.1.61. -->
SECTION 61. IC 15-3-3.5-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 25. (a) Except as
provided in subsection (c), (f), whenever if the state chemist:
(1) finds any pesticide product: is found by the state chemist
(A) upon any premises; or
(B) in any means of conveyance;
where it is held for purposes of, or during or after, distribution, or
sale, or use; and
(2) there is reason to believe determines that the pesticide
product:
(A) is in violation of this chapter; or that the pesticide product
(B) has been or is intended to be:
(i) distributed; or
(ii) sold; or
(iii) used;
in violation of this chapter;
the state chemist may issue a written or printed stop sale, use, or
removal order to the owner or custodian of the pesticide product, and
after receipt of the order, the owner or custodian may not sell, use, or
remove the pesticide product described in the order except in
accordance with the provisions of the order or until the pesticide
product is released in writing by the state chemist or by order of a
proper court. an order under subsection (b).
(b) The state chemist may issue a written or printed:
(1) stop sale;
(2) use; or
(3) removal;
order to the owner or custodian of a pesticide product.
(c) Except as provided in subsection (d), after receiving an order
under subsection (b), the owner or custodian of a pesticide product
may not:
(1) sell;
(2) use; or
(3) remove;
the pesticide product described in the order.
(d) The owner or custodian of a pesticide product who receives
an order under subsection (b) may:
(1) sell;
(2) use; or
(3) remove;
the pesticide product only in accordance with the provisions of the
order or until the pesticide product is released in writing by the
state chemist or by order of a court.
(b) (e) When a stop sale order is issued under subsection (a), (b), the
state chemist shall immediately issue a notification to the dealer or
registrant of the pesticide product that states the following:
(1) A stop sale order has been issued on the pesticide product.
(2) A reference to the specific language of the law or regulation
rule that is believed to have been violated.
(c) (f) Labels of pesticide devices may be submitted to the state
chemist for approval before the sale of the pesticide device.
SOURCE: IC 15-3-3.5-35; (08)ES0314.1.62. -->
SECTION 62. IC 15-3-3.5-35 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 35. (Delegation of
Duties) All authority The state chemist may delegate to an employee
or agent any function that is vested in the state chemist by virtue of
the provisions of this chapter. may with like force and effect be
executed by his authorized agent or agents.
SOURCE: IC 15-3-3.6-2; (08)ES0314.1.63. -->
SECTION 63. IC 15-3-3.6-2, AS AMENDED BY P.L.40-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. As used in this chapter:
(1) "Agricultural commodity" means any plant, or part of a plant,
and animals or animal products produced primarily for sale,
consumption, propagation, or other use by man or animals.
(2) "Animal" means all vertebrate and invertebrate species,
including man and other mammals, birds, fish, and shellfish.
(3) "Beneficial insects" means insects that, during some part of
their life cycles, are effective pollinators of plants, are parasites
or predators of pests, or are otherwise useful to man.
(4) "Board" means the Indiana pesticide review board established
by IC 15-3-3.5.
(5) "Certified applicator" means any individual who is certified
under this chapter as qualified to use or supervise the use of
pesticides and has been issued a certificate as evidence of the
individual's qualifications.
(6) "Private applicator" means a certified applicator who uses or
supervises the use of pesticides for purposes of producing any
agricultural commodity on property owned, rented, or managed by
the employer or the applicator, if applied without compensation
on the property of another person.
(7) "Commercial applicator" means a certified applicator, whether
or not a private applicator with respect to some uses, who uses or
supervises the use of pesticides for any purpose or on any
property other than as provided by subdivision (6).
(8) "Defoliant" means any substance or mixture of substances
intended for causing the leaves or foliage to drop from a plant,
with or without causing abscission.
(9) "Desiccant" means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.
(10) "Device" means any instrument or contrivance, other than a
firearm, that is intended for trapping, destroying, repelling, or
mitigating any pest or any other form of plant or animal life other
than man, bacteria, virus, or other microorganism on or in living
man or other living animals. This term does not include
equipment used for the application of pesticides when sold
separately from the pesticides.
(11) "Distribute" means to offer for sale, sell, exchange, barter, or
otherwise supply or offer to supply a pesticide.
(12) "Environment" includes water, air, land, and all plants and
man and other animals living in water, air, or on land and the
interrelationships that exist among these.
(13) "Equipment" means any type of ground, water, or aerial
apparatus or contrivance using motorized, mechanical, or
pressurized power, used to apply any pesticide.
(14) "Fungus" means any nonchlorophyll-bearing plant of a lower
order than mosses and liverworts, including rust, smut, mildew,
mold, yeast, and bacteria, except those on or in living man or
other animals, and those on or in processed food, beverages, or
pharmaceuticals.
(15) "Insect" means any small invertebrate animals generally
having the body more or less obviously segmented, for the most
part belonging to the class insecta, comprising six (6) legged,
usually winged forms, including beetles, bugs, bees, flies, and
other allied classes of arthropods whose members are wingless
and usually have more than six (6) legs, including spiders, mites,
ticks, centipedes, and wood lice.
(16) "Licensed pesticide business" means any licensed person that
owns, operates, or manages a business that is engaged in or
professes to be engaged in:
(A) using any pesticide, including restricted use pesticides; or
(B) making diagnostic inspections or reports to determine
infestations of wood destroying pests.
(17) "Licensed applicator for hire" means any licensed certified
commercial applicator who is employed by a licensed pesticide
business to use or to supervise the use of any pesticide on the
property of another and who has assumed direct responsibility for
the use or supervision of the use of pesticides by the business.
(18) "Licensed public applicator" means a licensed certified
commercial applicator who uses or supervises the use of a
restricted use pesticide as an employee of a state agency,
municipal corporation, or other governmental agency. The term
includes a commercial applicator using a pesticide in a potentially
hazardous situation or site as determined by the board.
(19) "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda. These are unsegmented
round worms with elongated, fusiform, or sac-like bodies covered
with cuticle, and inhabiting soil, water, plants, or plant parts.
Nematodes may also be called nemas or eelworms.
(20) "Permit" means a written certificate issued by the state
chemist or the state chemist's authorized agent to a private
applicator, authorizing the purchase, possession, or use of
restricted use pesticides.
(21) "Person" means any individual, partnership, association,
fiduciary, corporation, or any organized group of persons whether
incorporated or not.
(22) "Pest" means:
(A) any insect, rodent, nematode, fungus, or weed; or
(B) any other form of terrestrial or aquatic plant or animal life
or virus, bacteria, or other microorganism (except viruses,
bacteria, or other microorganisms on or in living man or other
living animals) that is declared to be a pest by the
administrator of the United States Environmental Protection
Agency or by the board.
(23) "Pesticide" means:
(A) any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest; or
(B) any substance or mixture of substances intended for use as
a plant regulator, defoliant, or desiccant.
(24) "Plant regulator" means any substance or mixture of
substances intended, through physiological action, for
accelerating or retarding the rate of growth or rate of maturation
or for otherwise altering the behavior of plants or the produce of
plants. The term does not include substances to the extent that
they are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants, or soil amendments.
(25) "Property" means all land and water areas, including
airspace, and all plants, animals, structures, buildings,
contrivances, vehicles, and machinery, appurtenant to or situated
on land and water areas, fixed or mobile, including any used for
transportation.
(26) "Restricted use pesticide" means:
(A) any pesticide classified as restricted by the Administrator
of the United States Environmental Protection Agency; or
(B) a pesticide that the board has determined to be unduly
hazardous to persons, animals, plants, wildlife, waters, or
lands other than the pests the pesticide is intended to prevent,
destroy, control, or mitigate.
(27) "Unreasonable adverse effects on the environment" means an
unreasonable risk to man or the environment, taking into account
the economic, social, and environmental costs and benefits of the
use of any pesticide.
(28) "Weed" means any plant which grows where it is not wanted.
(29) "Wildlife" means all living things that are not human,
domesticated, or pests. This term includes mammals, birds,
reptiles, and aquatic life.
(30) "Certificate of financial responsibility" means a notarized
statement from an officer of a bank or other financial institution
attesting to the fact that a licensee under this chapter has adequate
financial resources equal to the amount of liability insurance or
bonding required by rule under section 13 of this chapter to
protect persons who may suffer legal damages as a result of the
applicator's pesticide operations or the pest inspector's
inspections.
(31) "Registered pesticide dealer" means any person who
distributes any restricted use pesticide.
(32) "Licensed applicator not for hire" means a licensed certified
commercial applicator who is employed by a private employer to
use or supervise the use of a restricted use pesticide only on the
property of the employer. The term includes a commercial
applicator using a pesticide in a potentially hazardous situation or
site as determined by the board.
(33) "Pesticide consultant" means a person engaged in the retail
sale of pesticides who:
(A) offers or supplies technical advice to;
(B) aids; or
(C) makes recommendations to;
another person concerning the use of a pesticide as part of
business.
(34) "Pesticide formulation" means a pesticide product comprised
of all active ingredients and inert ingredients.
(35) "Pesticide product" means a pesticide or device offered for
distribution or use, including any labeling.
(36) "Registered technician" means a person who:
(A) is not licensed under this chapter;
(B) has registered with the state chemist; and
(C) is authorized to engage in pesticide use and related
activities under the direct supervision of a licensed and
certified applicator.
(37) "Use" means an act of handling, releasing, or exposing
individuals or the environment to a pesticide. The term includes
the following:
(A) Application or supervision of an application of a pesticide,
including mixing or loading the pesticide.
(B) Storage of pesticides and pesticide containers by the
intended applicator of the pesticides.
(C) Transportation of pesticides and pesticide containers by
the intended applicator of the pesticides.
(D) Disposal of pesticides and pesticide containers by the
intended applicator of the pesticides.
(38) "Licensed pest inspector" means an individual licensed under
this chapter to make diagnostic inspections or reports to
determine infestations of wood destroying pests on the property
of another person and meets the requirements under section 13 of
this chapter.
SOURCE: IC 15-3-3.6-6; (08)ES0314.1.64. -->
SECTION 64. IC 15-3-3.6-6, AS AMENDED BY P.L.40-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) Subject to section 10 of this chapter, a
person may not engage in or profess to engage in the business of:
(1) using a pesticide; or
(2) making diagnostic inspections or reports to determine
infestations of wood destroying pests;
on the property of another for hire at any time without a pesticide
business license issued by the state chemist. The state chemist shall
require an annual license fee of forty-five dollars ($45) for each
pesticide business license that is issued.
(b) A pesticide business license must be obtained for each business
location from which pesticide use or application is conducted.
(c) The application for a license shall be made must be on a form
provided by the state chemist. Each application shall must contain
information necessary for the administration of this chapter.
(d) The state chemist may not issue a pesticide business license until
the applicant or a pesticide applicator in the applicant's hire who uses
or supervises the use of a pesticide on the property of another is
certified by passing an examination to demonstrate to the state chemist
the applicant's or applicator's knowledge of the:
(1) use of pesticides under the category for which the applicant or
applicator has applied; and the applicant's or applicator's
knowledge of the
(2) nature and effect of pesticides the applicant or applicator may
apply under the categories.
At least one (1) licensed applicator for hire must be associated with
each location from which pesticides are used for hire.
(e) The state chemist may renew any pesticide business license.
(f) Subject to subsections (a), (b), (c), and (d) and section 14 of
this chapter, if:
(1) the state chemist finds the applicant qualified to engage in the
business of using pesticides or making diagnostic inspections or
reports to determine infestations of wood destroying pests on
the property of another;
(2) the applicant files evidence of financial responsibility required
under section 13 of this chapter; and
(3) the applicant applying for a license involving aerial
application of pesticides has met all of the requirements of:
(A) the Federal Aviation Administration;
(B) the Indiana department of transportation; and
(C) any other applicable federal or state statutes or regulations
to operate the equipment described in the application;
the state chemist shall may issue a pesticide business license limited
to the categories for which the applicant or a pesticide applicator in the
applicant's hire is qualified. The license shall expire expires January
1 of the year following issue unless it has been invalidated, revoked, or
suspended earlier by the state chemist. Any A surety bond or certificate
of liability insurance in force or certificate of financial responsibility
required under section 13 of this chapter must be maintained and in
effect on a continuing basis.
(g) The state chemist may limit a license or the operation of a
business to the use of certain pesticides, or to certain areas, or to certain
types of equipment if the applicant is only so qualified.
(h) If a license is not issued as applied for, the state chemist shall
inform the applicant in writing of the reasons the license was not
issued.
SOURCE: IC 15-3-3.6-8.1; (08)ES0314.1.65. -->
SECTION 65. IC 15-3-3.6-8.1, AS AMENDED BY P.L.40-2006,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 8.1. (a) A person applying for a license described
under section 7, 7.1, or 8 of this chapter must:
(1) submit an application to the state chemist on a form provided
by the state chemist;
(2) pass the appropriate examination provided under section 5 of
this chapter;
(3) except for a person applying for a licensed public applicator's
license, submit a fee of forty-five dollars ($45) to the state
chemist; and
(4) if the person will engage in the aerial application of pesticides,
submit proof to the state chemist that the person has satisfied
aerial application requirements under applicable state and federal
laws.
(b) Subject to section 14 of this chapter, if a person meets the
requirements under subsection (a), the state chemist shall may issue
the appropriate license to the person.
(c) If the state chemist does not issue a license to a person that who
applied for a license described under subsection (a), the state chemist
shall inform the person in writing of the reason the license was not
issued.
(d) A person that who has been issued a license under subsection
(b):
(1) shall notify the state chemist in writing within ten (10) days
after a change in or termination of the person's employment as a
licensed applicator for hire, a licensed applicator not for hire, or
a licensed public applicator; and
(2) may apply to the state chemist to transfer or amend the
person's license by submitting an updated application form
described under subsection (a)(1).
(e) A license issued under subsection (b):
(1) expires January 1 of each year; and
(2) subject to section 14 of this chapter, may be renewed by the
person holding the license if the person:
(A) submits a renewal application on a form provided by the
state chemist; and
(B) except for a person renewing a licensed public applicator's
license, pays a forty-five dollar ($45) renewal fee;
before January 1.
SOURCE: IC 15-3-3.6-13; (08)ES0314.1.66. -->
SECTION 66. IC 15-3-3.6-13, AS AMENDED BY P.L.40-2006,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 13. (a) The state chemist may not issue a pesticide
business license or a pest inspector license until the applicant for the
license has furnished a surety bond, a certificate of liability insurance
in force, or a certificate of financial responsibility to protect persons
who may suffer legal damages as a result of the pesticide operations or
pest inspections of the applicant. If the surety bond, liability insurance,
or financial responsibility is not maintained at all times during the
licensing period, the pesticide business license, pest inspector license,
and any associated commercial applicator licenses
and technical
registrations are invalid. The applicant may not engage in or profess
to be engaged in the business of using pesticides or pest inspection
until the financial responsibility is
brought into in compliance and the
applicant's license is reinstated by the state chemist.
(b)
Nothing in This chapter
relieves does not relieve any person
from liability for any damage to the person or property of another
caused by the use of pesticides even though the use conforms to the
rules adopted under this chapter.
SOURCE: IC 15-3-3.6-14; (08)ES0314.1.67. -->
SECTION 67. IC 15-3-3.6-14, AS AMENDED BY P.L.40-2006,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 14. Subject to section 14.5 of this chapter, the
state chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil
penalty on a person for a violation under this chapter. The state chemist
may also deny, suspend, revoke, or modify any provision of any
license, permit, registration, or certification issued under this chapter
if the state chemist finds that the applicant or the holder of a license,
permit, registration, or certification has committed any of the following
acts, each of which is a violation of this chapter:
(1) Made false or fraudulent claims either verbally or through
any media misrepresenting the effect of pesticides or methods to
be utilized. used.
(2) Recommended, used, or supervised the use of any registered
pesticide in a manner inconsistent with its labeling approved by
the United States Environmental Protection Agency or Indiana
state registration for that pesticide, or in violation of the United
States Environmental Protection Agency or Indiana state
restrictions on the use of that pesticide.
(3) Used known ineffective or improper pesticides or known
ineffective amounts of pesticides.
(4) Operated faulty or unsafe equipment.
(5) Operated in a careless or negligent manner.
(6) Neglected or, after notice, refused to comply with this chapter,
the rules adopted under this chapter, or of any lawful order of the
state chemist or the board.
(7) Refused or neglected to:
(A) keep and maintain the records required by this chapter; or
to
(B) make reports and supply information when required or
requested by the state chemist in the course of an
investigation or inspection.
(8) Made false or fraudulent records, invoices, or reports.
(9) Engaged in or professed to be engaged in the business of:
(A) using a pesticide; or
(B) making a diagnostic inspection to determine infestations
of a wood destroying pest;
for hire on the property of another without having a pesticide
business license.
(10) Used a restricted use pesticide without having an applicator
who is licensed or permitted under this chapter in direct
supervision.
(11) Used fraud or misrepresentation in making an application
for, or renewal of, a license, permit, registration, or certification.
(12) Refused or neglected to comply with any limitations or
restrictions on or in a duly issued license, permit, registration, or
certification.
(13) Aided or abetted a person to evade the provisions of this
chapter, conspired with a person to evade the provisions of this
chapter, or allowed a license, permit, registration, or certification
to be used by another person.
(14) Made false or misleading statements during or after an
inspection concerning any infestation or infection of pests.
(15) Impersonated any federal, state, county, or city inspector,
investigator, or official.
(16) Knowingly purchased or used a pesticide that was not
registered under IC 15-3-3.5.
(17) Failed to continuously maintain financial responsibility
required under section 13 of this chapter or to provide proof of
financial responsibility to the state chemist when requested.
(18) Intentionally altered a duly issued license, permit,
registration, or certification.
(19) Recklessly, knowingly, or intentionally impeded or
prevented the state chemist or the state chemist's agent from
performing a duty of the state chemist.
SOURCE: IC 15-3-3.6-16; (08)ES0314.1.68. -->
SECTION 68. IC 15-3-3.6-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 16. (a) A person who
recklessly, knowingly, or intentionally:
(1) violates this chapter; or
(2) impedes
hinders, or prevents the state chemist or the state
chemist's
authorized agent
in performance from performing a
duty of the state
chemist's duty chemist;
commits a Class C misdemeanor.
(b) A person who
recklessly, knowingly, or intentionally:
(1) violates section 14(9) of this chapter after the state chemist
has issued written notification to that person regarding a previous
violation of section 14(9) of this chapter;
or
(2) physically assaults the state chemist or the state chemist's
agent while performing a duty of the state chemist;
commits a Class A misdemeanor.
(c) The state chemist may bring an action to enjoin the violation or
threatened violation of this chapter or any a rule made under this
chapter. A court may not allow the recovery of damages for an
administrative action taken under this subsection if the court finds
that there was probable cause for the action.
SOURCE: IC 15-3-3.6-18; (08)ES0314.1.69. -->
SECTION 69. IC 15-3-3.6-18, AS AMENDED BY P.L.40-2006,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 18. (a) The state chemist may enter upon any
public or private property at reasonable times, in order to do the
following:
(1) Observe the use and application of a pesticide.
(2) Inspect any equipment subject to this chapter.
(3) Inspect and sample property actually or reported to be exposed
to pesticides.
(4) Inspect storage or disposal areas.
(5) Inspect or investigate complaints of injury to humans or
property.
(6) Sample pesticides being used or to be used.
(7) Inspect and obtain copies of pesticide sale, distribution,
purchase, use, storage, and disposal records.
(b) If the state chemist is denied access to any property for the
purposes set forth in this chapter, The state chemist may, upon showing
a need, apply to any court of competent with jurisdiction for a search
warrant authorizing access to the property. for said purposes. The court
may, upon such after receiving the application and after finding a
need, issue the search warrant for the purposes requested.
(c) Each A prosecuting attorney to whom any a violation of this
chapter is reported may institute and prosecute the violation in a court
of competent with jurisdiction of that county without delay. The state
chemist may apply for and the court grant a temporary or permanent
injunction restraining any person from violating or continuing to
violate this chapter or any rule adopted under this chapter
notwithstanding the existence of other remedies at law. The injunction
may be issued without bond.
SOURCE: IC 15-3-3.6-19; (08)ES0314.1.70. -->
SECTION 70. IC 15-3-3.6-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 19.
(a) Commercial
applicators and licensed pest inspectors shall maintain records
with
respect to applications concerning:
(1) the application of restricted use pesticides;
and
(2) diagnostic inspections to determine infestations of wood
destroying pests;
and
(3) any relevant information
that the state chemist
may deem
determines by rule is necessary
to further for the purposes of
this chapter. may be specified by rule.
(b) The state chemist may require certified applicators to maintain
records related to applications of state restricted pesticide uses. These
(c) Records shall required under this section must be kept for a
period of two (2) years from the date of the inspection or the
application of the pesticide, to which the records refer, and or for the
time specified by rule.
(d) The state chemist shall be provided access to the records by the
commercial applicator or licensed pest inspector.
SOURCE: IC 15-3-3.6-20; (08)ES0314.1.71. -->
SECTION 71. IC 15-3-3.6-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 20. (a) The state
chemist may by regulation adopt rules to require the reporting of
significant pesticide accidents or incidents.
(b) Any person:
(1) claiming damages from a pesticide accident shall or incident;
and
(2) requesting an investigation of those damages by the state
chemist;
must file a claim on a form provided by a report with the state
chemist. This report must be filed within sixty (60) days after the date
that damages occurred. If a growing crop is alleged to have been
damaged, the report must be filed before twenty-five percent (25%) of
the crop has been harvested. The state chemist shall, within seven (7)
days after the receipt of such statement, notify the licensee and the
owner or lessee of the property or other persons who may be charged
with the responsibility for the damages claimed, and furnish copies of
such statements as may be requested.
SOURCE: IC 15-3-3.6-21; (08)ES0314.1.72. -->
SECTION 72. IC 15-3-3.6-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 21. The state chemist
may cooperate with, and enter into agreements with, any other agency
of this the state, any federal agency, or any other state agency or
nongovernmental organization for the purpose of carrying out this
chapter to:
(1) secure uniformity of rules;
(2) cooperate in the enforcement of the federal pesticide control
laws through the use of state or federal personnel and facilities
and to implement cooperative enforcement programs;
(3) develop and administer state plans for certification of
applicators consistent with federal standards;
(4) contract or cooperate with agencies or organizations for the
purpose of training applicators;
(5) contract for monitoring pesticides; for the national plan;
(6) prepare and submit state plans to meet federal certification
standards;
(7) regulate certified applicators; administer and enforce
requirements under this chapter; and
(8) make reports to the United States Environmental Protection
Agency as the agency may require. requires.
SOURCE: IC 15-3-3.6-22; (08)ES0314.1.73. -->
SECTION 73. IC 15-3-3.6-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 22. The state chemist
may waive all or part of the requirements provided for in sections 3, 5,
6, 7, 7.1, 8, 8.1, 8.3, 9, 10.1, and 12 of this chapter on a reciprocal basis
with any other state agency or federal agency that has substantially the
same standards.
SOURCE: IC 15-3-3.6-24; (08)ES0314.1.74. -->
SECTION 74. IC 15-3-3.6-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 24. (a) A person may
not transport, store, or dispose of any pesticide or pesticide containers
in a manner as to that may cause injury to humans, beneficial
vegetation, crops, livestock, wildlife, beneficial insects, or to pollute
any waterway in a way harmful to any wildlife in a waterway.
(b) The board may adopt rules governing the storage and disposal
of pesticides or pesticide containers. In determining these standards,
the board shall take into consideration any regulations issued by the
United States Environmental Protection Agency.
SOURCE: IC 15-4-3.5-3; (08)ES0314.1.75. -->
SECTION 75. IC 15-4-3.5-3, AS AMENDED BY P.L.1-2006,
SECTION 245, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. A representative group of not
less than five percent (5%) of the producers of an agricultural
commodity, may petition the dean for permission to establish a
commodity market development council. This petition shall include:
(a) a statement of the area of production to be included; the area
shall be statewide, except that it may be limited to a well defined
smaller area where such area is the principal commercial producer in
the state of the commodity;
(b) a statement of the general purposes of the commodity market
development council program which may include research, education,
market development, publicity, sales promotion, and cooperation with
other state, regional, and national organizations;
(c) the amount of the fee that is desired to be collected for each
designated unit of commercial quantities of the commodity;
(d) the method or methods to be used in the collection of the fee;
(e) the composition, qualification, terms of office, method of
nomination, election, filling unexpired terms, expenses, and duties of
the members of the council, but:
(1) the council shall consist of an odd number of not less than five
(5) nor more than fifteen (15) members who shall serve not more
than six (6) consecutive years and of whom the majority shall be
producers to be selected by producers;
(2) the dean shall serve as an ex-officio member of the council;
and
(3) the director of the Indiana state department of agriculture or
the director's designee shall serve as an ex-officio member of the
council; and
(f) the method of conducting the referendum of the commodity
producers either by mail or by polling place depending on the area and
volume of the commodity.
SOURCE: IC 15-4-10-4; (08)ES0314.1.76. -->
SECTION 76. IC 15-4-10-4, AS AMENDED BY P.L.1-2006,
SECTION 246, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4. As used in this chapter,
"director" refers to the director of the Indiana state department of
agriculture or the person designated by the director of the Indiana
state department of agriculture to carry out duties imposed on the
director of the Indiana state department of agriculture under this
chapter.
SOURCE: IC 15-4-11-1; (08)ES0314.1.77. -->
SECTION 77. IC 15-4-11-1, AS AMENDED BY P.L.1-2006,
SECTION 248, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. This chapter applies to civil
actions against a seller for the failure of agricultural or vegetable seeds
to perform if the container in which the seeds were sold included the
following notice on the label:
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of Indiana and some other states, arbitration
is required as a precondition of maintaining certain legal actions,
counterclaims, or defenses against a seller of seed. Information
about this requirement, where applicable, may be obtained from
a state's seed commissioner or the
Indiana state department of
agriculture.
SOURCE: IC 15-4-12-3; (08)ES0314.1.78. -->
SECTION 78. IC 15-4-12-3, AS AMENDED BY P.L.1-2006,
SECTION 251, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. As used in this chapter,
"director" refers to the director of the Indiana state department of
agriculture or the director's designee.
SOURCE: IC 15-4-13-12; (08)ES0314.1.79. -->
SECTION 79. IC 15-4-13-12, AS AMENDED BY P.L.1-2006,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 12. (a) As used in this section,
"suit" refers to a suit commenced against a farmer by a seed supplier to
enforce its rights under, or in connection with, a seed contract.
(b) If a seed supplier files suit against a farmer, the seed supplier
shall provide simultaneous written notice of the suit to the director of
the Indiana state department of agriculture.
(c) Failure to give notice of the suit to the director of the Indiana
state department of agriculture as provided in subsection (b) does not
impair the jurisdiction of the court to hear the suit.
(d) A seed supplier that fails to give notice to the director of the
Indiana state department of agriculture as provided in subsection (b)
commits a Class B infraction.
(e) The director of the Indiana state department of agriculture shall
keep a file of all notices of suits received under this section.
SOURCE: IC 15-5-13-6; (08)ES0314.1.80. -->
SECTION 80. IC 15-5-13-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. A commercial feed,
except a custom-mixed feed, shall must be accompanied by a label
bearing the following information:
(1) The net weight.
(2) The product name and the brand name, if any, under which the
commercial feed is distributed.
(3) The guaranteed analysis stated in such the terms as that the
director, state chemist, by regulation rule, determines is are
required to advise the user of the composition of the feed or to
support claims made in the labeling. In all cases the substances or
elements must be determinable by laboratory methods such as the
methods published by the Association of Official Analytical
Chemists. AOAC International.
(4) The common or usual name of each ingredient used in the
manufacture of the commercial feed. Provided, That However,
the director, state chemist, by regulation rule, may:
(i) (A) permit the use of a collective term for a group of
ingredients which that perform a similar function; or
(ii) (B) exempt such a commercial feeds, feed or any group
thereof, of commercial feeds from this the requirement of for
an ingredient statement if he the state chemist finds that such
a statement is not required in the interest of consumers.
(5) The name and principal mailing address of the manufacturer
or the person responsible for distributing the commercial feed.
(6) Adequate directions for use for: all
(A) commercial feeds containing drugs; and such
(B) other feeds as that the director may require state chemist
requires by regulation rule as necessary for their safe and
effective use.
(7) Such Precautionary statements as that the director state
chemist by regulation rule determines are necessary for the safe
and effective use of the commercial feed.
SOURCE: IC 15-5-13-7; (08)ES0314.1.81. -->
SECTION 81. IC 15-5-13-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. Custom-mixed feed
shall must be accompanied by a label, invoice, delivery slip, or other
shipping document bearing the following information:
(1) Name and address of the manufacturer.
(2) Name and address of the purchaser.
(3) Date of delivery.
(4) The product name and brand name, if any, and the net weight
of each registered commercial feed used in the mixture, and the
common or usual name and net weight of each other ingredient
used, and the specific content, stated in terms as required in
section 6 of this chapter, of any nutrients and nonnutritive
additives added at the request of the purchaser.
(5) Adequate directions for use for: all
(A) custom-mixed feeds containing drugs; and for such
(B) other feeds as that the director may require state chemist
requires by regulation rule as necessary for their safe and
effective use.
(6) Such Precautionary statements as that the director state
chemist by regulation rule determines are necessary for the safe
and effective use of the custom-mixed feed.
SOURCE: IC 15-6-4-3; (08)ES0314.1.82. -->
SECTION 82. IC 15-6-4-3, AS AMENDED BY P.L.1-2006,
SECTION 270, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. As used in this chapter,
"director" refers to the director of the Indiana state department of
agriculture or the director's designee.
SOURCE: IC 15-6-4-16; (08)ES0314.1.83. -->
SECTION 83. IC 15-6-4-16, AS AMENDED BY P.L.241-2005,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 16. The board shall do the following:
(1) Elect from among the board's members a chairperson, vice
chairperson, secretary, treasurer, and other officers the board
considers necessary.
(2) Employ personnel and contract for services that are necessary
for the proper implementation of this chapter.
(3) Establish accounts in adequately protected financial
institutions to receive, hold, and disburse funds accumulated
under this chapter.
(4) Bond the treasurer and other persons as necessary to ensure
adequate protection of funds received and administered by the
board.
(5) Authorize the expenditure of funds and the contracting of
expenditures to conduct proper activities under this chapter.
(6) Annually establish priorities and prepare and approve a budget
consistent with the estimated resources of the board and the scope
of this chapter.
(7) Provide for an independent audit, provide the results of the
audit to the state board of accounts and the Indiana state
department of agriculture, and make the results of the audit
available to all interested persons.
(8) Procure and evaluate data and information necessary for the
proper implementation of this chapter.
(9) Formulate and execute assessment procedures and methods of
collection.
(10) Establish procedures to annually inform all producers
regarding board members, policy, expenditures, and programs for
the preceding year.
(11) Receive and investigate, or cause to be investigated,
complaints and violations of this chapter and take necessary
action within its authority.
(12) Take any other action necessary for the proper
implementation of this chapter, including the adoption of rules
under IC 4-22-2.
SOURCE: IC 15-7-2-1; (08)ES0314.1.84. -->
SECTION 84. IC 15-7-2-1, AS AMENDED BY P.L.1-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. The director of the Indiana state
department of agriculture who will hereafter be referred to as "director"
is hereby designated as the state official of the state to make application
to and receive from the Secretary of Agriculture of the United States,
or any other proper federal official, pursuant and subject to the
provisions of Public Law 499, 81st Congress, approved May 3, 1950,
the trust assets, either funds or property, held by the United States as
trustee in behalf of the Indiana rural rehabilitation corporation.
SOURCE: IC 15-7-8-1; (08)ES0314.1.85. -->
SECTION 85. IC 15-7-8-1, AS AMENDED BY P.L.1-2006,
SECTION 278, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. As used in this chapter,
"director" refers to the director of the Indiana state department of
agriculture or the director's designee.
SOURCE: IC 15-7-9-2; (08)ES0314.1.86. -->
SECTION 86. IC 15-7-9-2, AS AMENDED BY P.L.1-2006,
SECTION 283, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. As used in this chapter,
"director" refers to the director of the
Indiana state department of
agriculture.
SOURCE: IC 15-9-1-2; (08)ES0314.1.87. -->
SECTION 87. IC 15-9-1-2, AS ADDED BY P.L.83-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. "Department" refers to the Indiana state
department of agriculture established by IC 15-9-2-1.
SOURCE: IC 15-9-1-3; (08)ES0314.1.88. -->
SECTION 88. IC 15-9-1-3, AS ADDED BY P.L.83-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. "Director" refers to the director of the
department of agriculture appointed under IC 15-9-3-1.
SOURCE: IC 15-9-2-1; (08)ES0314.1.89. -->
SECTION 89. IC 15-9-2-1, AS ADDED BY P.L.83-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. The Indiana state department of agriculture is
established.
SOURCE: IC 15-9-2-3; (08)ES0314.1.90. -->
SECTION 90. IC 15-9-2-3, AS AMENDED BY P.L.1-2006,
SECTION 294, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. The department shall do the
following:
(1) Provide administrative and staff support for the following:
(A) The center for value added research.
(B) (A) The state fair board for purposes of administering the
director of the department of agriculture's director's duties
under IC 15-1.5-4.
(C) (B) The Indiana corn marketing council for purposes of
administering the duties of the director of the department of
agriculture under IC 15-4-10.
(D) (C) The Indiana organic peer review panel.
(E) (D) The Indiana dairy industry development board for
purposes of administering the duties of the director of the
department of agriculture under IC 15-6-4.
(F) (E) The Indiana land resources council.
(G) (F) The Indiana grain buyers and warehouse licensing
agency.
(H) (G) The Indiana grain indemnity corporation.
(I) (H) The division of soil conservation established by
IC 15-9-4-1.
(2) Administer the election of state fair board members.
(3) Administer state programs and laws promoting agricultural
trade.
(4) Administer state livestock or agriculture marketing grant
programs.
(5) Administer economic development efforts for agriculture by
doing the following:
(A) Promoting value added agricultural resources.
(B) Marketing Indiana agriculture to businesses
internationally.
(C) Assisting Indiana agricultural businesses with
developing partnerships with the Indiana economic
development corporation.
(D) Soliciting private funding for selective economic
development and trade initiatives.
(E) Providing for the orderly economic development and
growth of Indiana's agricultural economy.
SOURCE: IC 15-9-2-5; (08)ES0314.1.91. -->
SECTION 91. IC 15-9-2-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 5. The department shall promote the growth of
agricultural businesses by doing the following:
(1) Assisting agricultural businesses with the permit process
required to conduct business in Indiana.
(2) Serving as a liaison between agricultural businesses, state
agencies, and local units of government.
SOURCE: IC 15-9-2-6; (08)ES0314.1.92. -->
SECTION 92. IC 15-9-2-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 6. The department may keep records submitted to the
department by a livestock producer under a voluntary certification
program confidential.
SOURCE: IC 15-9-5-7; (08)ES0314.1.93. -->
SECTION 93. IC 15-9-5-7, AS ADDED BY P.L.182-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 7. (a) The department may award a grant under
this chapter to a person that:
(1) makes a qualified investment; and
(2) places the qualified investment in service;
in Indiana for the dispensing of E85 base fuel into the fuel tanks of
motor vehicles.
(b) A recipient of a grant awarded under this chapter must comply
with any guidelines developed by the state department of agriculture's
department's office of energy and defense development.
SOURCE: IC 15-9-5-8; (08)ES0314.1.94. -->
SECTION 94. IC 15-9-5-8, AS ADDED BY P.L.182-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 8. (a) Subject to subsection (b), the state
department of agriculture's department's office of energy and defense
development shall determine the amount of each grant awarded under
this chapter.
(b) The amount of a grant awarded under this chapter may not
exceed the lesser of the following:
(1) The amount of the person's qualified investment.
(2) Five thousand dollars ($5,000) for all qualified investments
made by the person at a single location.
SOURCE: IC 21-46-2-1; (08)ES0314.1.95. -->
SECTION 95. IC 21-46-2-1, AS ADDED BY P.L.2-2007,
SECTION 287, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. The director of the Indiana state
department of agriculture shall establish a center for value added
research to perform the following duties:
(1) Work with each county to develop a an annual strategic
assessment of Indiana agricultural industries and establish
targeted priorities for industry expansion.
(2) Develop recommendations for legislative and administrative
programs that will enhance economic development in the targeted
agricultural industries.
(3) Identify and prioritize research development and educational
needs for expanding value added opportunities in Indiana.
(4) (3) Establish cooperative industry research and development
initiatives that lead to new agricultural industry opportunities in
Indiana.
(5) (4) Serve as a resource for industry in the planning,
promotion, and development of value added agricultural products
and agricultural industry opportunities in Indiana, including
product feasibility, market feasibility, economic feasibility,
product development, product testing, and test marketing.
(6) (5) Serve as a resource for industry and the state in attracting
value added agricultural industry to Indiana.
(7) (6) Develop private sector research funding and technology
transfer programs commensurate with the state's targeted
agricultural industry economic development objectives.
(8) (7) Provide a forum for continuing dialogue between industry,
government, and researchers in addressing the needs and
opportunities for expanding the value added agricultural industry.
SOURCE: IC 26-3-7-1; (08)ES0314.1.96. -->
SECTION 96. IC 26-3-7-1, AS AMENDED BY P.L.1-2006,
SECTION 482, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. (a)
There is created in the
department of agriculture an agency to be known as The Indiana grain
buyers and warehouse licensing agency
is established within the
Indiana state department of agriculture to administer this chapter.
The director of the
Indiana state department of agriculture may
appoint the director of the agency, who shall serve at the pleasure of
the director of the
Indiana state department of agriculture. The
director shall administer this chapter and shall be the ultimate authority
in the administration of this chapter.
(b) The agency may employ all necessary employees, counsel, and
consultants to carry out the provisions of this chapter and is vested with
the power necessary to fully and effectively carry out the provisions
and objectives of this chapter.
SOURCE: IC 34-30-2-64; (08)ES0314.1.97. -->
SECTION 97. IC 34-30-2-64, AS AMENDED BY P.L.1-2006,
SECTION 520, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 64. IC 15-7-2-5 (Concerning the
United States and the United States Secretary of Agriculture for the
transfer of assets to the director of the Indiana state department of
agriculture on behalf of the Indiana rural rehabilitation corporation).
SOURCE: IC 4-4-3.3-4; IC 4-4-3.3-5; IC 4-4-3.3-6; IC 4-4-3.3-7; IC
21-46-2-2; IC 21-46-2-3; IC 24-6-7.
; (08)ES0314.1.98. -->
SECTION 98. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2008]: IC 4-4-3.3-4; IC 4-4-3.3-5; IC 4-4-3.3-6; IC 4-4-3.3-7;
IC 21-46-2-2; IC 21-46-2-3; IC 24-6-7.