Ind. Code ch. 15-16-3.5

Ind. Code ch. 15-16-3.5
in effect

Ind. Code § 15-16-3.5-1 Applicability

Sec. 1. This chapter applies to any person that distributes manure based fertilizers: (1) in a bulk nonpackaged form and with a guaranteed analysis; (2) with a total nitrogen (N) content less than five percent (5%); and (3) with the summation of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) content less than ten percent (10%). As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-2 Application; fee; registration; information; analysis

Sec. 2. (a) Before distributing manure based fertilizer in Indiana for consideration, the person that is the guarantor of each brand and grade of the manure based fertilizer must submit to the state chemist: (1) an application for registration on a form furnished by the state chemist; and (2) a filing fee of twenty dollars ($20). (b) Upon approval of the application, the state chemist shall furnish a copy of the registration to the applicant. (c) All registrations expire on June 30 each year. (d) In addition to the filing fee set forth in subsection (a), 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 manure based 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. (e) 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: (A) Total nitrogen (N) _____ percent. (B) Available phosphate (P2O5) _____ percent. (C) Soluble potash (K2O) _____ percent. (f) 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 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. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-3 Statement of guaranteed analysis

Sec. 3. Manure based fertilizer must be distributed with a written or printed statement with the guaranteed analysis that: (1) accompanies the manure based fertilizer at delivery; and (2) is supplied to the purchaser at time of delivery. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-4 Processed manure inspection fee

Sec. 4. (a) A person that distributes manure based fertilizers in Indiana to a person that is not a registrant or permit holder under this chapter shall pay to the state chemist an inspection fee computed under subsection (b). (b) The inspection fee charged under subsection (a) is as follows: (1) One hundred dollars ($100) for zero (0) tons up to one thousand two hundred fifty (1,250) tons distributed per reporting period. (2) Five hundred dollars ($500) for more than one thousand two hundred fifty (1,250) tons up to five thousand (5,000) tons per reporting period. (3) One thousand dollars ($1,000) for more than five thousand (5,000) tons distributed per reporting period. (c) Sales or exchanges between importers, manufacturers, distributors, or registrants are exempt from the inspection fee. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-5 Permit to report tonnage

Sec. 5. (a) Each registrant shall apply to the state chemist for a permit to report the tonnage of manure based fertilizer sold and pay the inspection fee as specified in section 4 of this chapter. In making the application for the permit, the registrant must agree to the following: (1) To keep records that indicate accurately the tonnage and kinds of manure based fertilizers sold in Indiana. (2) To grant the state chemist permission to: (A) examine the records required in subdivision (1); and (B) verify the registrant's statement of tonnage. (3) To report under oath to the state chemist on forms furnished by the state chemist the tonnage of manure based fertilizer sold during the period covered. (b) The state chemist: (1) may grant the permit to report tonnage if the state chemist determines that the application of the permit to report tonnage of manure based fertilizer described in subsection (a) will lead to efficient enforcement of this chapter; and (2) may revoke the permit to report tonnage 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) The state chemist may revoke the registrant's permit for any of the following reasons: (1) The report of tonnage is not filed and the inspection fee is not paid by the fifteenth day following the due date. (2) The report of tonnage is false. (3) The permit holder has not complied with labeling requirements of this chapter. (e) If the inspection fee is unpaid after the fifteen (15) day grace period described in subsection (d), a penalty must 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. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-6 Annual publication by state chemist; information required

Sec. 6. (a) The state chemist shall publish at least annually, in a form that the state chemist considers proper, information concerning the following: (1) The sales of manure based fertilizers, including any data on sales that the state chemist considers advisable. (2) The results of the analyses conducted under this chapter based on official samples of manure based fertilizers sold within Indiana compared with the analysis guaranteed under section 2 of this chapter. (b) The information published by the state chemist concerning the sale of manure based fertilizers: (1) must show separately the fall season and spring season of each year; and (2) may not disclose the operations of any person. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-7 Inspection, analysis, and tests; entry onto premises; subpoenas

Sec. 7. (a) The state chemist may: (1) sample, inspect, make analysis of, and test manure based fertilizers distributed within Indiana; and (2) inspect the storage of manure based fertilizers in Indiana at a time and place and to such an extent as necessary to determine whether the manure based 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) manure based fertilizer materials; and (2) plans and records relating to the transportation, storage, sale, and use of fertilizer materials; subject to this chapter. (c) The methods of sampling and analysis for manure based fertilizers may be based on sources that include AOAC 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 manure based fertilizer is deficient in plant foods using only the official sample obtained and analyzed as provided in subsection (c). (e) The state chemist may request a court to issue subpoenas to compel: (1) the attendance of witnesses; or (2) the production of books, documents, and records; as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege granted by a license, certificate, application, registration, or permit issued under this chapter. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-8 Official manure based fertilizer analysis; report to registrant

Sec. 8. (a) If an official manure based fertilizer analysis conducted by the state chemist under this chapter results in a determination that the registrant of a manure based 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 manure based fertilizer. However, if the manure based fertilizer analysis was requested by a person other than the state chemist, the results of the analysis must 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 end of the thirty (30) day period. (b) Upon the registrant's request, the state chemist shall furnish to the registrant part of the manure based fertilizer sample analyzed by the state chemist that was used to determine that the registrant was subject to a penalty or other legal action under this chapter. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-9 Noncompliance with analysis; order for refund to purchaser; appeal

Sec. 9. (a) If an analysis conducted under this chapter indicates that a manure based fertilizer fails in any respect to meet the guaranteed analysis filed by a registrant under section 2 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 manure based fertilizer; and (2) the current value of the manure based 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. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-10 Storage of manure based fertilizers

Sec. 10. Manure based fertilizers must be stored in a manner that: (1) minimizes the release of manure based fertilizer; and (2) protects the waters of the state. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-11 Design requirements for storage structures

Sec. 11. (a) In addition to any applicable standards required under sections 13 and 14 of this chapter, a storage structure must be designed as follows: (1) The bottom of the storage structure is at least two (2) feet above bedrock. (2) The bottom of the storage structure must be above the seasonal high water table, unless lowered in accordance with subsection (c). (3) Test holes to obtain soil and water table information for the design must be obtained as follows: (A) The number of test holes must be sufficient to adequately characterize the seasonal water table and soil underneath the storage structure. (B) Test holes must be: (i) evenly distributed throughout the storage structure; (ii) at least two (2) feet below the base of the storage structure for concrete structures in karst and nonkarst areas; (iii) at least five (5) feet below the base of the storage structure for earthen structures in nonkarst areas; and (iv) placed to the shallower of either bedrock or ten (10) feet below the lowest point of the proposed processed manure storage structure; in areas of karst terrain. (C) Testing must be conducted by: (i) a soil scientist registered under IC 25-31.5; (ii) a professional geologist certified in Indiana under IC 25-17.6; or (iii) a professional engineer registered under IC 25-31. (b) Plastic, fiberglass, and aboveground steel tanks must: (1) have sufficient strength to withstand design loads; (2) be watertight; (3) be cleaned to remove any traces of previously stored substances prior to addition of manure to the tank if the tank is used to store any objectionable or hazardous substances; (4) be installed to ensure the seasonal high water table is maintained below the tank or the tank must be anchored to prevent flotation; and (5) have protected shut off valves for all inlet and outlet pipes. (c) Any drainage system to lower the seasonal water table around the base of a storage structure must be designed and installed to: (1) effectively collect and drain the ground water; (2) be of adequate size, proper slopes, and proper distance from the storage structure; (3) if applicable, be provided with: (A) sumps; (B) pumps, including a backup pump; and (C) electricity supply; (4) if applicable, have a surface outlet that is at least fifty (50) feet away from the storage structure and at least: (A) fifty (50) feet from the property line in soils with a permeability of one-half (1/2) inch per hour or less; or (B) twenty (20) feet from the property line in soils with a permeability greater than one-half (1/2) inch per hour; (5) have a shut off valve or equivalent; and (6) have an access point for sampling within fifty (50) feet of the storage structure. (d) A concrete storage structure must be constructed according to the Indiana NRCS Construction Specification, Concrete Construction, May 2015 and designed to either of the following design standards: (1) MWPS-36: Rectangular Concrete Manure Storages, Second Edition, 2005. (2) TR-9: Circular Concrete Manure Tanks, March 1998. (e) A storage structure must not: (1) have a discharge pipe or conveyance that would allow for a release or discharge of processed manure or water contaminated by processed manure; or (2) be an underground steel storage tank. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-12 Design requirements for liners

Sec. 12. (a) The soil or foundation of an earthen storage structure must have a maximum specific discharge permeability of one-sixteenth (1/16) in3/in2/day, 1.8x10-6cm3/cm2/sec. This requirement may be satisfied by soil testing that shows a minimum of three (3) feet of in situ soils that: (1) meet the maximum specific discharge permeability criteria; (2) are over excavated a minimum of six (6) inches; and (3) are recompacted to break up the existing macropore structure. (b) If there is not at least three (3) feet of in situ soils that meet the maximum specific discharge criteria in subsection (a), a liner must be used. Except for clay liners described in subsection (c), liners used in a storage structure must meet the following design standards as applicable: (1) Indiana NRCS Conservation Practice Standard Code 521A: POND SEALING OR LINING – GEOMEMBRANE OR GEOSYNTHETIC CLAY LINER, November 2018. (2) Indiana NRCS Conservation Practice Standard Code 520: POND SEALING OR LINING – COMPACTED SOIL TREATMENT, October 2016. (3) Indiana NRCS Conservation Practice Standard Code 522: POND SEALING OR LINING – CONCRETE, October 2016. (c) Clay liners must be a minimum of one (1) foot thick and have a maximum specific discharge of one-sixteenth (1/16) in3/in2/day, 1.8x10-6cm3/cm2/sec. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-13 Solid processed manure structure design requirements

Sec. 13. In addition to the requirements under section 11 of this chapter, a storage structure that contains solid processed manure must be designed according to the following: (1) The storage structure must: (A) be covered to prevent rainwater from contacting the processed manure; or (B) have storm water run-on and run-off controls. (2) The storage structure must not be constructed in sand or gravel soils, Unified Soil Classification of Pt, GW, GP, GM, GC, SW, SP, SM, as described in ASTM D2488-09a Standard Practice for Description and Identification of Soils (Visual-Manual Procedure), unless specially designed with a liner approved by the state chemist, in accordance with section 12 of this chapter. (3) Test holes for an earthen storage structure storing solid processed manure must be placed at a rate of two (2) holes for the first acre of storage and one (1) additional hole for each additional one-half (1/2) acre of storage. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-14 Liquid processed manure structure design requirements

Sec. 14. (a) In addition to the requirements under section 11 of this chapter, a storage structure that contains liquid processed manure must be designed according to the Indiana NRCS Conservation Practice Standard Code 313: Waste Storage Structure, October 2016. (b) An uncovered storage structure containing liquid processed manure must be designed with a minimum freeboard of two (2) feet unless an alternate design is approved by the state chemist. (c) Test holes for an earthen storage structure storing liquid processed manure must be placed at a rate of two (2) holes for the first one-half (1/2) acre of storage and one (1) additional hole for each additional one-half (1/2) acre of storage. (d) Pipelines must be constructed according to the Indiana NRCS Conservation Practice Standard Code 634: Waste Transfer, October 2015. (e) The storage structure must be certified upon completion by a registered professional engineer. The engineer's certification must be kept in the operating record and submitted to the state chemist before introducing processed manure. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-15 State chemist publication of design requirements

Sec. 15. The state chemist shall post on the website of the office of the state chemist information concerning where design standards referenced in sections 11, 12, 13, and 21 of this chapter may be: (1) obtained; and (2) reviewed and copied. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-16 Alternative to design requirements

Sec. 16. (a) An owner or operator may propose an alternative to a design, construction, or operational requirement specified in this chapter, provided the owner or operator can prove to the satisfaction of the state chemist that any alternative will provide equivalent or greater environmental protection than the requirements specified in this chapter. (b) A proposed alternative must be submitted to the state chemist and accompanied by documentation that demonstrates equivalent or greater environmental protection than the standard for which an alternative is being requested. (c) An owner or operator may not implement an alternative without prior approval by the state chemist. (d) The state chemist shall provide written documentation describing the basis for any determination on an alternative request submitted under this section. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-17 Notice of constructing storage structure; affidavit; certification

Sec. 17. (a) The owner or operator shall notify the state chemist in writing at least two (2) days before the scheduled construction of a storage structure. Multiple notices, that identify the parts of the storage structure that are completed at the time the notice is submitted, are required if an owner or operator performs partial construction of an approved structure and plans to use that portion before completing construction of the entire storage structure. (b) Any field tiles or drainage outlets encountered during construction must be blocked or rerouted in accordance with any applicable local approval requirements and must be cut back at least fifty (50) feet from the edge of any: (1) berm; (2) concrete pit; or (3) earthen storage structure. (c) The applicant shall execute and send to the state chemist a notarized affidavit, under penalty of perjury, that a storage structure was constructed, and will be operated, according to the requirements of this chapter, as follows: (1) The affidavit must be submitted: (A) on a form provided by the state chemist; (B) within thirty (30) days after the date construction is completed; and (C) before the introduction of any processed manure. (2) The affidavit must include identification of the parts of the storage structure that are completed at the time the affidavit is submitted. (3) If an owner or operator performs partial construction of an approved storage structure and plans to use that portion before completing construction of the entire storage structure, a separate affidavit must be submitted for each portion of construction. (d) The certification required by section 14(e) of this chapter must be completed before the introduction of processed manure. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-18 Maintenance requirements

Sec. 18. (a) A storage structure must be maintained and operated to meet the requirements of this chapter. (b) The owner or operator shall: (1) inspect the storage structure for compliance with this chapter at least one (1) time each month; and (2) document any maintenance activities in the operating record. (c) An uncovered storage structure storing liquid manure must: (1) be maintained, with a minimum freeboard of two (2) feet, unless otherwise specified in the processed manure storage structure permit; and (2) have clear identified markers to indicate manure levels relative to the approved freeboard elevation. (d) An earthen berm for a storage structure must be: (1) stabilized with vegetation or alternative erosion control measures; (2) maintained to prevent growth of trees and shrubs; and (3) maintained to allow for visual inspection. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-19 Operating record

Sec. 19. (a) The owner or operator of a storage structure must keep an operating record that includes the following: (1) The complete application. (2) The storage structure site plan. (3) Notification of construction required by section 17(a) of this chapter. (4) The notarized affidavit required by section 17(c) of this chapter. (5) Certification by a registered professional engineer required by section 14(e) of this chapter. (6) The current emergency response plan described in section 20(a) of this chapter. (7) Documentation of any spill response described in section 20(b) of this chapter. (8) Documentation of maintenance activities on the storage structure. (9) Copies of any written waivers related to reduction of the setback distances. (10) All processed manure storage structure permits, modifications, renewals, and notifications applicable to the storage structure. (b) The operating record described in: (1) subsection (a)(3), (a)(6), (a)(7), (a)(8), and (a)(10) must be kept on site for the duration of the processed manure storage structure permit term; and (2) subsection (a)(1), (a)(2), (a)(4), (a)(5), and (a)(9) must be kept on site for the life of the facility. However, if the operator is unable to keep the operating record on site, it must be kept at the operator's address listed in the processed manure storage structure permit. (c) If the record in subsection (a) is unable to be kept on site to be made available for inspection, the operator must submit a copy of the record to the state chemist within thirty (30) days of the state chemist's request. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-20 Emergency response plan

Sec. 20. (a) The owner or operator of a storage structure shall develop an emergency response plan to be kept in the operating record. The plan must contain the following: (1) Procedures for the following: (A) Containing a processed manure release to prevent the manure from reaching waters of the state. (B) Locating the source of a processed manure release and stopping the flow of manure. (C) Returning released manure to the storage structure or an approved waste management system. (D) Contacting the following: (i) The owner or operator. (ii) Any applicable local emergency or health authorities. (2) The names and telephone numbers of each person who is identified by the owner or operator as responsible for implementing the emergency response plan. (3) Identification of areas where potential manure releases could occur and their accompanying drainage points. (4) Identification of equipment and cleanup materials to be used in the event of a manure release. (b) The owner or operator shall implement the emergency response plan any time a processed manure release occurs. If manure from the storage structure reaches waters of the state, the owner or operator must do the following: (1) Provide notification in accordance with the following: (A) As soon as possible, but within two (2) hours of discovery, communicate a spill report to the Indiana department of environmental management, office of land quality, emergency response section. (B) If new or updated spill report information becomes known that indicates a significant increase in the likelihood of damage to the waters of the state, the responsible party shall notify the Indiana department of environmental management as soon as possible, but within two (2) hours of the time the new or updated information becomes known. (2) If requested by the Indiana department of environmental management, submit a written copy of the spill report to the Indiana department of environmental management, office of land quality, emergency response section. (3) Except from modes of transportation other than pipelines, exercise due diligence and document attempts to notify the following: (A) For processed manure releases or spills to surface water, the nearest affected downstream water user located within ten (10) miles of the spill and in Indiana. (B) For processed manure releases or spills to soil outside the storage structure property boundary, each affected property owner, operator, and occupant. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-21 Decommissioning a processed manure storage structure

Sec. 21. (a) The owner or operator of a processed manure storage structure that plans to decommission a processed manure storage structure shall do the following: (1) Continue to maintain the processed manure storage structure in accordance with the requirements of this chapter until the manure is removed. (2) Follow the requirements in the Indiana NRCS Conservation Practice Standard Code 360, Closure of Waste Impoundments, November 2012, if applicable. (3) Have all associated appurtenances and conveyance structures removed from uncovered processed manure storage facilities. (4) Notify the Indiana department of environmental management: (A) before demolishing or converting the use of any processed manure storage structure; and (B) of the intended future use of the processed manure storage structure, if the processed manure storage structure is to be converted to another use. (b) The owner or operator shall submit a certification to the commissioner of the Indiana department of environmental management within thirty (30) days after completing the requirements in this section that certifies compliance with the requirements in this section. (c) If deemed necessary to protect human health or the environment, the state chemist may require additional decommissioning activities based on: (1) surface or ground water contamination; (2) evidence of: (A) leakage; (B) seepage; (C) manure releases; or (D) spills; or (3) other criteria related to protection of human health or the environment. (d) The commissioner of the Indiana department of environmental management shall provide written documentation describing the basis for any required additional activities. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-22 Rules

Sec. 22. The state chemist shall adopt rules under IC 4-22-2: (1) regulating the distribution of manure based fertilizer; and (2) establishing fees for the distribution of manure based fertilizer. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-23 Misbranded and adulterated manure based fertilizers; unlawful distribution

Sec. 23. (a) A person may not distribute a misbranded manure based fertilizer. A manure based fertilizer is misbranded if: (1) the manure based fertilizer carries any false or misleading statement; or (2) false or misleading statements concerning the manure based fertilizer's nutrient value are made in any advertising media accompanying or associated with the manure based fertilizer. (b) A person may not distribute an adulterated manure based fertilizer. A manure based fertilizer is adulterated if: (1) the manure based fertilizer contains any deleterious or harmful substance in a sufficient amount to render the manure based 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 of the manure based fertilizer 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. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-24 Fraudulent or deceptive practices; cancellation of registration; refusal to register; notice; hearing

Sec. 24. (a) The state chemist may: (1) cancel the registration of any brand of manure based fertilizer; or (2) refuse to register any brand of manure based fertilizer under this chapter; if the state chemist receives satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of this chapter. (b) The state chemist may not revoke or refuse a registration under subsection (a) until the registrant receives notice and has the opportunity to appear for a hearing. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-25 Stop sale, use, or removal orders

Sec. 25. (a) If the state chemist determines that a manure based fertilizer is being offered for sale in violation of this chapter, the state chemist may issue to and enforce upon the owner or custodian: (1) a written or printed stop sale, use, or removal order; and (2) a written or printed order to hold the manure based fertilizer at a designated place until: (A) the owner or custodian complies with this chapter; (B) the state chemist releases the manure based fertilizer in writing; or (C) the violation is legally disposed of by written authority. (b) The state chemist shall release manure based fertilizer withdrawn under subsection (a) when: (1) the owner or custodian complies with this chapter; and (2) all costs and expenses incurred in connection with the withdrawal have been paid. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-26 Seizure of manure based fertilizer; condemnation and disposal

Sec. 26. (a) Any manure based 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 manure based fertilizer is located. (b) Subject to subsection (a), if the court finds the manure based fertilizer is in violation of this chapter and orders the condemnation of the manure based fertilizer, the manure based fertilizer must be disposed of in any manner consistent with the quality of the manure based fertilizer and all applicable laws. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-27 Injunctions

Sec. 27. The state chemist may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter. The remedies under this section are supplemental to other remedies allowed under this chapter or other law. As added by P.L.98-2026, SEC.51.

Ind. Code § 15-16-3.5-28 Violations; penalties

Sec. 28. (a) If a person violates this chapter, the state chemist may: (1) warn, 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) A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor. As added by P.L.98-2026, SEC.51.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/15Fetched: 10/17/2026