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 (P2O5), and soluble potash (K2O) 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 (P2O5)    percent
    Soluble Potash (K2O)    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.