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 referred to 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.
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).
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.
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: either 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;
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).
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).
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:
(1) the pesticide product; or its
(2) the 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.
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.
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.
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.
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.
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.
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.
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.
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.