Ind. Code ch. 15-16-2.5

in effect

Ind. Code § 15-16-2.5-1 Applicability

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to any person that: (1) uses fertilizer material for hire on the property of another person for purposes of producing an agricultural crop; (2) uses organic fertilizer from a confined feeding operation for purposes of producing an agricultural crop; or (3) distributes fertilizer material directly to any person described in this subsection. (b) This chapter does not apply to any person that: (1) uses or distributes less than ten (10) cubic yards or four thousand (4,000) gallons of organic fertilizer obtained from a confined feeding operation in a calendar year; (2) uses biosolids, industrial waste products, and pollutant-bearing water on land in Indiana that comply with 327 IAC 6.1; or (3) distributes inorganic fertilizer to retail facilities. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-2 For hire use of fertilizer material

Sec. 2. Fertilizer material used for hire on the property of another person for purposes of producing an agricultural crop must be used by: (1) an individual who has a valid commercial applicator license; or (2) an individual who: (A) is a trained employee; and (B) is operating under the supervision of a certified applicator. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-3 Use of organic fertilizer

Sec. 3. Organic fertilizer from a confined feeding operation used for purposes of producing an agricultural crop must be used by: (1) an individual who has a valid: (A) commercial applicator license; or (B) private applicator certification; or (2) an individual who: (A) is a trained employee; and (B) is operating under the supervision of a certified applicator. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-4 Distribution of fertilizer material

Sec. 4. Fertilizer material distributed for the purpose of producing an agricultural crop must be distributed: (1) by a person that has a valid fertilizer business license; and (2) to a person that has a valid: (A) fertilizer business license; (B) commercial applicator license; or (C) private applicator certification. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-5 Supervision of noncertified individuals

Sec. 5. (a) Fertilizer materials covered by IC 15-16-2 and this chapter may be used by a noncertified trained employee who is working under the supervision of a certified applicator affiliated with the person performing the use or distribution. (b) The training required in this section must be: (1) identified and approved by the state chemist; and (2) repeated by the noncertified trained employee when that individual moves from one employer to a different employer. (c) The supervising certified applicator is responsible for the following: (1) Ensuring that the noncertified employee has received the training required in this section. (2) Keeping a record of the employee training required in this section. (3) Providing the supervised noncertified trained employee with the means and instructions to: (A) establish direct voice communication during the use or distribution of fertilizer material; and (B) immediately contact the Indiana department of environmental management to report any fertilizer material spill that may threaten waters of the state. (4) Making work assignments to the supervised noncertified trained employee. (5) Knowing the status of the work assignments made to supervised trained employee. (d) A certified applicator may not supervise more than ten (10) noncertified trained employees at any time. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-6 Applicator certification standards

Sec. 6. (a) An individual may become eligible to be a certified applicator by passing the certification examination described in subsection (b). (b) The certification examination must be a written, closed book examination developed by the state chemist. The minimum passing score for the examination is seventy-five percent (75%) unless another minimum passing score has been established by the state chemist after consideration of the recommendations of the standards committee described in subsection (c). (c) The state chemist shall appoint a standards committee to develop certification subject matter and standards for the certified applicator certification examination. Members of the committee include, at a minimum, individuals representing the following: (1) The state chemist. (2) The Purdue University cooperative extension service. (3) The inorganic fertilizer industry. (4) The organic fertilizer industry. (d) A certified applicator's certification eligibility remains in force from the date of completing the requirements in subsection (a) through December 31 of the fourth year following the year during which the requirements were met. (e) The state chemist shall specify examination procedures that must be followed by any individual taking an examination under this section. Failure to comply with these procedures or any unauthorized assistance provided by or received by an individual during the examining period shall be cause for immediate termination of the examining process for all involved individuals and the involved individuals may not take the certified applicator examination for five (5) years. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-7 Applicator certification renewal standards

Sec. 7. (a) An individual may become eligible for certified applicator certification renewal by completing one (1) of the following: (1) Passing the written examination for initial certification under section 6 of this chapter. (2) Accumulating at least three (3) fertilizer material continuing certification hours (CCHs) before the expiration of the individual's certification period. (3) Attending at least three (3) fertilizer material private applicator recertification programs (PARPs) before the expiration of the individual's certification period. (b) An individual may accumulate CCHs or PARPs only after the individual is certified. (c) An individual may accumulate a maximum of two (2) fertilizer material CCH or PARP credits in any one (1) year of the individual's five (5) year certification period. (d) Credit for accumulating in excess of three (3) fertilizer material CCH or PARP credits do not carry forward to the next certification period. (e) Eligibility for renewed certified applicator certification remains in force through December 31 of the fifth year following renewal unless the individual's certification is revoked or suspended before that date. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-8 CCH and PARP credits

Sec. 8. (a) The state chemist is responsible for evaluating all instruction and training opportunities submitted for consideration of approval for CCH and PARP credits. (b) Training and instruction may be evaluated and approved for both CCH and PARP credits. (c) All requests for CCH or PARP approval by the state chemist must be submitted as follows: (1) At least twenty-one (21) days before the date that the instruction or training event will occur. (2) In a format determined by the state chemist. (3) By an individual directly responsible for the CCH instruction or training event. (4) By the county extension educator with the Purdue Cooperative Extension Service for the PARP instruction or training. (d) The state chemist shall use the following criteria to evaluate and approve the instruction and training events for CCH and PARP: (1) The event must be open to all certified applicators. (2) Except as provided in subdivision (3), any costs or participation fees to cover expenses incurred by the training providers must be the same for all certified applicators attending. (3) Professional educational organizations claiming Internal Revenue Service 501(c) status and governmental organizations may charge variable participation fees. (4) The event may not be in-house training. (5) The venue must be large enough to accommodate a reasonable number of certified applicators from outside the immediate organization facilitating the instruction or training. (6) The event must be open without fee or charge to the state chemist for monitoring. (7) The event must have an effective mechanism for the person responsible for the training to verify participation of each certified applicator from the start to the conclusion of the CCH or PARP event. (8) The event must include at least one (1) state chemist approved regulatory topic. (9) Subject matter and content must include at least one (1) of the following: (A) Fertilizer material storage. (B) Fertilizer material chemistry. (C) Fertilizer material equipment calibration and maintenance. (D) Fertilizer material use. (E) Fertilizer material transportation. (F) Fertilizer material application development and implementation. (G) Spill response procedures. (H) Public and customer safety. (I) Public and customer concerns. (J) Applicator safety. (K) Environmental safety. (L) Environmental issues. (M) Employee training. (N) Associated state and federal laws or regulations affecting fertilizer materials or fertilizer material applicators. (10) Subject matter and content may not include any of the following: (A) Product or service sales or promotions. (B) Employee hiring or retention. (C) General business practices. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-9 CCH and PARP violations

Sec. 9. (a) A certified applicator who makes a false or fraudulent report or in any way misrepresents the applicator's participation in the certification renewal process is subject to the following: (1) Revocation of all accumulated CCH and PARP credits to date. (2) The penalties allowed under IC 15-16-2-49.5. (b) A person who makes a false or fraudulent report or in any way misrepresents information that is part of the certification renewal process is subject to the following: (1) Revocation of authority and privilege to participate in any future CCH or PARP events. (2) The penalties allowed under IC 15-16-2-49.5. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-10 Fertilizer business license; applicator license or certification

Sec. 10. (a) A person applying for a fertilizer business license must submit the following: (1) An application to the state chemist on a form provided by the state chemist. (2) Except for a person that has paid a pesticide fee under IC 15-16-5-48 for the current year, a fee of forty-five dollars ($45) to the state chemist. (b) An individual applying for a commercial applicator license must do the following: (1) Meet the certification standards described in section 6(a) of this chapter. (2) Submit an application to the state chemist on a form provided by the state chemist. (3) Except for a person who has paid a pesticide commercial applicator license fee under IC 15-16-5-52 for the current year, submit a fee of forty-five dollars ($45) to the state chemist. (c) An individual applying for a private applicator certification credential must do the following: (1) Meet the certification standards described in section 6(a) of this chapter. (2) Submit an application to the state chemist on a form provided by the state chemist. (3) Except for a person who has paid a pesticide private applicator permit fee under IC 15-16-5-54 for the current certification period, submit a fee of twenty dollars ($20) to the state chemist. (d) If the state chemist does not issue a license or certification to a person who applied for a license or certification described under this chapter, the state chemist shall inform the person in writing of the reason the license or certification was not issued. (e) A person who has been issued a license or certification under this chapter: (1) shall notify the state chemist in writing within ten (10) days after a change in or termination of the person's employment or status as a licensed or certified applicator; and (2) may apply to the state chemist to transfer or amend the person's license or certification by submitting an updated application form described in this section. (f) A license issued under subsection (a) or (b) expires on January 1 of each year. (g) A certification issued under subsection (c) expires on January 1 of the fifth year following the year of issuance. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-11 Late fees

Sec. 11. A person who: (1) is required to pay a fee under this chapter to the state chemist; and (2) does not pay the fee by the date the fee is due; shall pay a penalty fee to the state chemist equal to one hundred percent (100%) of the required fee at the time the person pays the required fee. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-12 Rules

Sec. 12. The state chemist may adopt rules under IC 4-22-2 concerning the following: (1) Subject to section 13 of this chapter, the establishment of certification and educational programs, as determined by the state chemist, relating to the application of fertilizer material, the transportation of fertilizer material, or both for the following: (A) Persons who apply fertilizer material for hire, transport fertilizer material for hire, or both. (B) Persons who apply fertilizer material, transport fertilizer material, or both from confined feeding operations. (2) The establishment of fees for the certification and educational programs established under subdivision (1). As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-13 Reciprocity; waiver of requirements

Sec. 13. The state chemist may waive all or part of the licensure and certification requirements established under section 10 of this chapter on a reciprocal basis with any state agency or federal agency that has substantially the same certification standards. As added by P.L.98-2026, SEC.42.

Ind. Code § 15-16-2.5-14 Fees for certification or educational programs

Sec. 14. (a) Any fees collected for certification or educational programs under this chapter shall be collected by the state chemist and deposited with the treasurer of Purdue University and must be used to pay all necessary expenses incurred in carrying out and administering the certification and educational programs. (b) The fees deposited under this section must be included in the annual report prepared under IC 15-16-2-44.5(c). As added by P.L.98-2026, SEC.42.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/15Fetched: 10/17/2026