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Indiana General Assembly
House Bill 1191


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House Bill 1191

ARCHIVE (2009)

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DIGEST OF HB1191 (Updated April 24, 2009 10:36 am - DI 84)

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. Allows the state chemist to adopt rules concerning the distribution of fertilizer material. Requires the state chemist to adopt rules to: (1) establish certification and educational programs for persons who apply fertilizer material, transport fertilizer material, or both, to the extent that the activity is for hire or the fertilizer material is from a confined feeding operation (CFO) or from an operation outside Indiana that would be a CFO if it were located in Indiana; and (2) establish fees for the certification and educational programs. Provides that the state chemist may waive all or part of the certification requirements on a reciprocal basis with any state agency or federal agency that has substantially the same certification standards. Amends the definition of CFO to be consistent with the federal definition of "concentrated animal feeding operation" (CAFO) and eliminates the separate CAFO references in the requirement that the department of environmental management approve construction of a CFO. Provides for certification and educational program 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.
Current Status:
 Law Enacted
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