Reprinted
February 21, 2009
HOUSE BILL No. 1191
_____
DIGEST OF HB 1191
(Updated February 20, 2009 12:34 pm - DI 52)
Citations Affected: IC 15-16.
Synopsis: Fertilizer law matters. Provides that the state chemist may
allow the use of technologies or methods that are not specified in rules
to handle or use ammonia and ammonia solutions. Makes the violation
of certain agriculture ammonia laws a Class C misdemeanor (current
law imposes a Class C infraction) and provides that the penalty applies
for a knowing or intentional violation. Amends various definitions to
specify that the terms apply to commercial fertilizer or fertilizer
material. Provides that fertilizer material must have nutrient value.
Requires containers that contain commercial fertilizer to have certain
information on or affixed to the package. Provides that the members of
the fertilizer advisory board who are not state employees are
reimbursed for expenses under the travel policies of Purdue University.
Requires the state chemist to adopt rules to establish certification and
educational programs for certain fertilizer material applicators and
transporters and fees for the certification and programs. Requires the
fees to be deposited with the treasurer of Purdue University. Requires
an annual financial report to be submitted to the governor. Allows the
state chemist to impose civil penalties for violations of the commercial
fertilizer laws. Authorizes the state chemist, on recommendation of the
fertilizer advisory board, to adopt rules establishing a schedule of civil
penalties that may be imposed. Makes technical and conforming
changes. Repeals penalties for certain violations.
Effective: July 1, 2009.
Pearson
, Friend
, Pflum
January 12, 2009, read first time and referred to Committee on Agriculture and Rural
Development.
February 17, 2009, amended, reported _ Do Pass.
February 20, 2009, read second time, amended, ordered engrossed.
Reprinted
February 21, 2009
First Regular Session 116th General Assembly (2009)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1191
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 15-16-1-10; (09)HB1191.2.1. -->
SECTION 1. IC 15-16-1-10, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 10. (a)
Except as provided in subsection (d), the
state chemist shall adopt rules establishing the minimum safety
standards for the design, construction, location, installation, and
operation of equipment for storage, handling, use, and transportation
(not otherwise regulated) of ammonia and ammonia solutions.
(b) The rules described in subsection (a) must be:
(1) reasonably necessary to protect the safety of the public,
including persons handling or using the materials; and
(2) in substantial conformity with the current nationally accepted
standards of safety that apply to the equipment described in
subsection (a).
(c) The state chemist shall adopt the rules described in subsection
(a) only after a notice and public hearing.
(d) The state chemist may allow the use of technologies or
methods other than those specified in rules adopted under
subsection (a) if the technologies or methods provide similar
protection to the public and persons handling or using ammonia or
ammonia solutions.
SOURCE: IC 15-16-1-14; (09)HB1191.2.2. -->
SECTION 2. IC 15-16-1-14, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 14. (a) A person who knowingly or intentionally
violates this chapter commits a Class C infraction. misdemeanor.
(b) The prosecuting attorney of any judicial circuit in which a
violation has occurred and to whom the state chemist has reported a
violation shall institute the appropriate proceedings and prosecute the
proceedings in a court.
(c) Before the state chemist reports a violation for prosecution as
described in subsection (b), the state chemist shall give the person
charged with a violation an opportunity to respond to the charges. The
state chemist need not report for prosecution minor violations of this
chapter if the state chemist believes that the public interest is best
served by another action.
SOURCE: IC 15-16-2-2; (09)HB1191.2.3. -->
SECTION 3. IC 15-16-2-2, AS ADDED BY P.L.2-2008, SECTION
7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 2. This chapter may not be construed:
(1) to restrict or avoid sales or exchanges of commercial
fertilizers among importers, manufacturers, or blenders who mix
commercial fertilizer materials for sale; or
(2) as preventing the free and unrestricted shipments of
commercial fertilizers to manufacturers or blenders who have
registered their brands as required by this chapter.
SOURCE: IC 15-16-2-3; (09)HB1191.2.4. -->
SECTION 4. IC 15-16-2-3, AS ADDED BY P.L.120-2008,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 3. As used in this chapter, "blender" means a
person or system engaged in the business of blending commercial
fertilizer. materials.
SOURCE: IC 15-16-2-4; (09)HB1191.2.5. -->
SECTION 5. IC 15-16-2-4, AS ADDED BY P.L.120-2008,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. As used in this chapter, "blending" means the
physical mixing or combining:
(1) of one (1) or more
fertilizer materials commercial fertilizers
and one (1) or more filler materials;
(2) of two (2) or more
fertilizer materials commercial fertilizers;
or
(3) of two (2) or more
fertilizer materials commercial fertilizers
and filler materials;
including mixing through the simultaneous or sequential application of
any of the combinations referred to in subdivision (1), (2), or (3) to
produce a uniform mixture.
SOURCE: IC 15-16-2-6; (09)HB1191.2.6. -->
SECTION 6. IC 15-16-2-6, AS ADDED BY P.L.2-2008, SECTION
7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 6. As used in this chapter, "brand" means a term, design,
or trademark used in connection with at least one (1) grade of
commercial fertilizer.
SOURCE: IC 15-16-2-7; (09)HB1191.2.7. -->
SECTION 7. IC 15-16-2-7, AS ADDED BY P.L.2-2008, SECTION
7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2009]: Sec. 7. As used in this chapter, "bulk fertilizer" means a
commercial fertilizer distributed in nonpackaged form.
SOURCE: IC 15-16-2-9; (09)HB1191.2.8. -->
SECTION 8. IC 15-16-2-9, AS ADDED BY P.L.120-2008,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 9. As used in this chapter, "custom blend" means
a commercial fertilizer blended:
(1) according to specifications provided to a blender in a soil test
nutrient recommendation; or
(2) to meet specific requests of a consumer (who is the end user)
before blending.
SOURCE: IC 15-16-2-11; (09)HB1191.2.9. -->
SECTION 9. IC 15-16-2-11, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 11. As used in this chapter, "fertilizer material"
means any substance containing nitrogen, phosphate, potash, or any
recognized plant nutrient that: is:
(1) is used for the plant nutrient content; and
(2) designed to have has nutrient value in promoting plant
growth.
The term includes unmanipulated animal and vegetable manures.
SOURCE: IC 15-16-2-13; (09)HB1191.2.10. -->
SECTION 10. IC 15-16-2-13, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 13. As used in this chapter, "mixed fertilizer"
means any combination or mixture of fertilizer materials: commercial
fertilizers:
(1) designed for use; or
(2) claimed to have nutrient value;
in promoting plant growth.
SOURCE: IC 15-16-2-18; (09)HB1191.2.11. -->
SECTION 11. IC 15-16-2-18, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 18. As used in this chapter, "registrant" means a
person who registers commercial fertilizer under this chapter.
SOURCE: IC 15-16-2-20; (09)HB1191.2.12. -->
SECTION 12. IC 15-16-2-20, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 20. As used in this chapter, "specialty fertilizer"
means a commercial fertilizer distributed for nonfarm use.
SOURCE: IC 15-16-2-23; (09)HB1191.2.13. -->
SECTION 13. IC 15-16-2-23, AS ADDED BY P.L.120-2008,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 23. As used in this chapter, "use" means the
placement or usage of commercial fertilizer materials on a targeted
growing area.
SOURCE: IC 15-16-2-25; (09)HB1191.2.14. -->
SECTION 14. IC 15-16-2-25, AS ADDED BY P.L.120-2008,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 25. (a) The Indiana fertilizer advisory board is
established to:
(1) study the regulation of fertilizer material; and
(2) 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.
(8) The president of the Indiana Plant Food and Agricultural
Chemicals Association, who serves as a nonvoting member.
(9) One (1) representative of the department of environmental
management, who serves as a nonvoting member.
(10) The fertilizer administrator for the office of the state chemist,
who serves as a nonvoting member.
(11) The engineer specialist for the office of the state chemist,
who serves as a nonvoting member.
(12) One (1) representative of the Indiana state department of
agriculture, who shall serve as a nonvoting member.
(c) The state chemist shall appoint the voting members of the board,
who serve 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.
SOURCE: IC 15-16-2-30; (09)HB1191.2.15. -->
SECTION 15. IC 15-16-2-30, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 30. (a) 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).
and
(2) reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties;
as provided in the state Purdue University travel policies and
procedures established by the Indiana department of administration and
approved by the budget agency. Purdue University department of
transportation and approved by the Purdue University vice
president of business services.
(b) 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.
SOURCE: IC 15-16-2-31; (09)HB1191.2.16. -->
SECTION 16. IC 15-16-2-31, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 31. (a) Before distributing commercial fertilizer
in Indiana, the person whose name appears on the label of each brand
and grade of the commercial fertilizer must submit:
(1) an application for registration to the state chemist on a form
furnished by the state chemist; and
(2) the appropriate filing fee set forth in subsection (b).
(b) The filing fee for commercial fertilizers sold in packages
weighing more than twelve (12) pounds is twenty dollars ($20) for each
grade of each brand. The filing fee for commercial fertilizers sold in
packages weighing not more than twelve (12) pounds is fifty dollars
($50) for each grade of each brand.
(c) Upon approval of the application, the state chemist shall furnish
a copy of the registration to the applicant.
(d) All registrations expire on June 30 each year.
(e) In addition to the appropriate filing fee set forth in subsection
(b), a late filing fee equal to one hundred percent (100%) of the
appropriate filing fee is assessed when:
(1) an application to renew the registration of a commercial
fertilizer under this section is received after July 31; or
(2) a product that must be registered under this section is found
to be in distribution before registration.
(f) An application under subsection (a) must 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
(g) The minimum percentage of plant food in mixed fertilizers under
subsection (f)(3) must be given in whole numbers only. However, the
state chemist may allow fractional numbers to be used under subsection
(f)(3) for specialty fertilizers or if plant food elements or other
additives are added.
(h) For unacidulated mineral phosphatic materials and basic slag:
(1) the total phosphate;
(2) the available phosphate; and
(3) the degree of fineness;
must be guaranteed. For bone, tankage, and other natural organic
phosphate materials, only the total phosphate must be guaranteed.
(i) Additional plant food elements or other additives that are
determinable by chemical methods may be guaranteed only by
permission of the state chemist. The state chemist shall grant
permission only if the state chemist determines, with the advice of the
dean of agriculture of Purdue University or the dean's designee, that the
guarantee would not constitute a misrepresentation and is correct.
Additional plant foods that are guaranteed:
(1) must be included in the guarantee in the form of the element;
and
(2) are subject to inspection and analysis in accordance with the
methods that the state chemist prescribes.
(j) 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.
(k) 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 commercial fertilizers 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 15-16-2-32; (09)HB1191.2.17. -->
SECTION 17. IC 15-16-2-32, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 32. (a) The bag or other container in which any
commercial fertilizer is offered for sale, sold, or distributed in Indiana
must have a written or printed statement of the net weight and the
information required by section 31 of this chapter directly
(1) on tags or affixed to the end of the package.
(A) between the ears;
(B) on the sewed end; or
(C) in both locations described in clauses (A) and (B); or
(2) directly on the package.
(b) If the commercial fertilizer is distributed in bulk, the written or
printed statement required by section 31 of this chapter must:
(1) accompany the commercial fertilizer at delivery; and
(2) be supplied to the purchaser at time of delivery.
SOURCE: IC 15-16-2-34; (09)HB1191.2.18. -->
SECTION 18. IC 15-16-2-34, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 34. (a) Each registrant shall apply to the state
chemist for a permit to report the tonnage of commercial fertilizer sold
and pay the inspection fee of forty-five cents ($0.45) per ton on the
basis of the report. In making the application, the registrant must agree
to the following:
(1) To keep records that the state chemist requires to indicate
accurately the tonnage and kinds of commercial fertilizers sold in
Indiana.
(2) To grant the state chemist permission to examine those
records and verify the statement of tonnage.
(3) To report under oath to the state chemist on forms furnished
by the state chemist the tonnage of commercial fertilizer sold
during the period covered.
(b) The state chemist:
(1) may grant the permit if the state chemist determines that the
application of the permit to report tonnage report of
commercial fertilizer described in subsection (a) will lead to
efficient enforcement of this chapter; and
(2) may revoke the permit at any time if it appears to the state
chemist that the registrant is not complying with:
(A) the terms of the agreement entered into at the time of the
issuance of the permit; or
(B) this chapter.
(c) The report of tonnage is due and the inspection fees are payable
semiannually on the last day of the month following the end of the
semiannual period.
(d) If:
(1) the report of tonnage is not filed and the inspection fee paid by
the fifteenth day following the due date;
(2) the report of tonnage is false; or
(3) the permit holder has not complied with labeling requirements
of this chapter;
the state chemist may revoke the permit.
(e) If the inspection fee is unpaid after the fifteen (15) day grace
period described in subsection (d), a penalty shall be assessed in the
amount of:
(1) fifty dollars ($50); or
(2) ten percent (10%) of the amount due;
whichever is greater, in addition to the amount due.
SOURCE: IC 15-16-2-35; (09)HB1191.2.19. -->
SECTION 19. IC 15-16-2-35, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 35. (a) The state chemist shall pay to the treasurer
of Purdue University all inspection fees collected under this chapter.
(b) Inspection fees collected under this chapter must be used to pay
all necessary expenses incurred in carrying out this chapter, including
the following:
(1) Employing inspectors and chemists.
(2) Procuring samples.
(3) Printing bulletins.
(4) Giving the results of fertilizer inspections as provided for by
this chapter.
(5) Any other expenses incurred by Purdue University agricultural
programs:
(A) authorized by law; and
(B) in support of the purposes of this chapter.
(c) The dean of agriculture of Purdue University shall make an
annual classified report to the governor showing the total receipts and
expenditures of all fees received under this chapter.
SOURCE: IC 15-16-2-38; (09)HB1191.2.20. -->
SECTION 20. IC 15-16-2-38, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 38. (a) The state chemist shall:
(1) sample, inspect, make analysis of, and test commercial
fertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time and
place and to such an extent as necessary to determine whether the
commercial bulk fertilizers and their storage are in compliance
with this chapter.
(b) The state chemist may enter upon any public or private premises
during regular business hours in order to have access to:
(1) fertilizers; fertilizer materials; and
(2) plans and records relating to the transportation, storage, sale,
and use of fertilizers; fertilizer materials;
subject to this chapter and the rules adopted under this chapter.
(c) The state chemist shall adopt methods of sampling and analysis
for commercial fertilizers from sources that may include AOAC
(Association of Analytical Communities) International. In cases of
dispute, AOAC International's methods prevail if AOAC International's
methods are available.
(d) The state chemist shall determine for administrative purposes
whether a commercial fertilizer is deficient in plant foods using only
the official sample obtained and analyzed as provided in subsection (c).
SOURCE: IC 15-16-2-39; (09)HB1191.2.21. -->
SECTION 21. IC 15-16-2-39, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 39. If an official commercial fertilizer analysis
conducted by the state chemist under section 38 of this chapter results
in a determination that the registrant of a commercial fertilizer is
subject to a penalty or other legal action under this chapter, the state
chemist shall forward a report of the results of the analysis to the
registrant at least thirty (30) days before the report is submitted to the
purchaser of the commercial fertilizer. If the analysis was requested by
a person other than the state chemist, the results of the analysis shall be
forwarded to the registrant and purchaser immediately. If, during the
thirty (30) day period, the state chemist does not receive adequate
evidence contesting the results in the report, the report becomes an
official report at the expiration of the thirty (30) day period. Upon the
registrant's request, the state chemist shall furnish to the registrant part
of the commercial fertilizer sample analyzed by the state chemist to
determine that the registrant is subject to a penalty or other legal action
under this chapter.
SOURCE: IC 15-16-2-40; (09)HB1191.2.22. -->
SECTION 22. IC 15-16-2-40, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 40. (a) If an analysis conducted by the state
chemist under section 38 of this chapter shows that a commercial
fertilizer fails in any respect to meet the guaranteed analysis filed by a
registrant under section 31 of this chapter, the state chemist may
require the payment of a refund to the purchaser equal to the difference
between:
(1) the price the purchaser paid for the commercial fertilizer; and
(2) the current value of the commercial fertilizer after the state
chemist's analysis.
(b) The registrant must forward receipts for payment of refunds
required under subsection (a) promptly to the state chemist. If the
purchaser cannot be found, the registrant shall pay the refund to a local
charitable or educational organization of the registrant's choice and
forward the receipts promptly to the state chemist.
(c) This section does not prevent the appeal of the imposition of any
penalty assessed by the state chemist under this chapter to a court with
jurisdiction.
SOURCE: IC 15-16-2-41; (09)HB1191.2.23. -->
SECTION 23. IC 15-16-2-41, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 41. Bulk fertilizers must be stored in a manner
that:
(1) minimizes the release of bulk fertilizer; and
(2) protects the waters of the state.
SOURCE: IC 15-16-2-42; (09)HB1191.2.24. -->
SECTION 24. IC 15-16-2-42, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 42. (a) A commercial fertilizer is misbranded if:
(1) the commercial fertilizer carries any false or misleading
statement upon or attached to the container; or
(2) false or misleading statements concerning the commercial
fertilizer's agricultural nutrient value are made:
(A) on the container; or
(B) in any advertising matter media accompanying or
associated with the commercial fertilizer.
It is unlawful to distribute a misbranded commercial fertilizer.
(b) It is unlawful to distribute an adulterated commercial fertilizer.
For purposes of this subsection, a commercial fertilizer is adulterated
if:
(1) the commercial fertilizer contains any deleterious or harmful
substance in a sufficient amount to render the commercial
fertilizer injurious to beneficial plant life, animals, humans,
aquatic life, soil, or water when applied in accordance with
directions for use on the label; or
(2) the label does not include adequate warning statements or
directions for use that may be necessary to protect plant life,
animals, humans, aquatic life, soil, or water.
SOURCE: IC 15-16-2-44; (09)HB1191.2.25. -->
SECTION 25. IC 15-16-2-44, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 44.
(a) The state chemist may adopt rules under
IC 4-22-2 concerning the following:
(1) The distribution and use of fertilizer material.
(2) The distribution and storage of bulk commercial fertilizers,
including standards for the storage of bulk fertilizers to protect the
waters of the state.
(3) The establishment of:
(A) certification and educational programs for:
(i) applicators and transporters of fertilizer material for
hire; and
(ii) applicators and transporters of fertilizer material
from CAFOs (as defined in IC 13-11-2-38.3) and
confined feeding operations (as defined in
IC 13-11-2-40);
as determined by the state chemist, relating to the
application and transportation of fertilizer material; and
(B) fees for the certification and education programs
provided under clause (A).
(b) Any fees collected for a certification and educational
programs under subsection (a)(3) shall be collected by the state
chemist and deposited and administered under section 44.5 of this
chapter.
SOURCE: IC 15-16-2-44.5; (09)HB1191.2.26. -->
SECTION 26. IC 15-16-2-44.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 44.5. (a) The state chemist shall
pay to the treasurer of Purdue University all certification and
educational program fees collected under section 44 of this chapter.
(b) Certification and educational program fees collected under
section 44 of this chapter must be used to pay all necessary
expenses incurred in carrying out and administering the
certification and educational programs.
(c) The dean of agriculture of Purdue University shall make an
annual classified report to the governor showing the total receipts
and expenditures of all fees received under this section.
SOURCE: IC 15-16-2-46; (09)HB1191.2.27. -->
SECTION 27. IC 15-16-2-46, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 46. (a) If the state chemist determines that a lot of
commercial fertilizer is being offered for sale in violation of this
chapter, the state chemist may issue to and enforce upon the owner or
custodian: of the lot:
(1) a written or printed stop sale, use, or removal order; and
(2) a written or printed order to hold the lot commercial fertilizer
at a designated place until:
(A) the owner or custodian complies with the law; this
chapter;
(B) the state chemist releases the lot commercial fertilizer in
writing; or
(C) the violation is legally disposed of by written authority.
(b) The state chemist shall release commercial fertilizer withdrawn
under subsection (a) when:
(1) the owner or custodian of the lot complies with this chapter;
and
(2) all costs and expenses incurred in connection with the
withdrawal have been paid.
SOURCE: IC 15-16-2-47; (09)HB1191.2.28. -->
SECTION 28. IC 15-16-2-47, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 47. (a) Any lot of commercial fertilizer not in
compliance with this chapter is subject to seizure based on a complaint
of the state chemist filed in a court with jurisdiction in the area in
which the commercial fertilizer is located.
(b) Subject to subsection (a), if the court finds the commercial
fertilizer is in violation of this chapter and orders the condemnation of
the commercial fertilizer, the commercial fertilizer must be disposed
of in any manner consistent with the quality of the commercial fertilizer
and the laws of the state.
(c) A court may not order the disposition of any lot of the
commercial fertilizer without first giving the claimant an opportunity
to apply to the court for:
(1) release of the commercial fertilizer; or
(2) permission to process or relabel the commercial fertilizer to
bring it into compliance with this chapter.
SOURCE: IC 15-16-2-49.5; (09)HB1191.2.29. -->
SECTION 29. IC 15-16-2-49.5, AS ADDED BY P.L.120-2008,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 49.5. (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, or impose a civil penalty on the
person; or
(2) deny, suspend, revoke, or amend the person's registration
under this chapter.
(b) The state chemist shall adopt by rule, under IC 4-22-2, a
schedule of civil penalties that may be imposed under subsection
(a). The state chemist may impose a civil penalty only according to
a schedule of civil penalties recommended by the board.
(b) (c) A person who knowingly or intentionally violates this chapter
commits a Class A misdemeanor.
SOURCE: IC 15-16-2-50; (09)HB1191.2.30. -->
SECTION 30. IC 15-16-2-50, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 50. (a) Except as provided in subsection (b), a
political subdivision (as defined in IC 36-1-2-13) does not have
authority to regulate by ordinance the storage or use of fertilizer
material.
(b) A political subdivision may, by resolution, petition the state
chemist for a hearing to allow a waiver to adopt an ordinance because
of special circumstances relating to the storage or use of fertilizer
material. If a petition is received, the state chemist shall hold a public
hearing to consider allowing the waiver requested. The public hearing
must be conducted in an informal manner. IC 4-21.5 does not apply to
a public hearing under this section.
SOURCE: IC 15-16-2-48; (09)HB1191.2.31. -->
SECTION 31. IC 15-16-2-48 IS REPEALED [EFFECTIVE JULY
1, 2009].