Ind. Code § 15-16-2-0.5 Construction
Sec. 0.5. Nothing in this chapter impairs any authority granted to the Indiana department of environmental management under IC 13-13-5-1(1).
As added by P.L.98-2026, SEC.3.
Ind. Code ch. 15-16-2
Ind. Code ch. 15-16-2
in effectInd. Code § 15-16-2-1 State chemist; appointment
Sec. 1. Because the department of biochemistry at Purdue University is particularly conversant with the purpose and procedures provided by this chapter, the general assembly desires that the governor appoint a professor of biochemistry at Purdue University as the state chemist.
[Pre-2008 Recodification Citation: 15-3-3-2 part.]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-1.5 Repealed
As added by P.L.144-2017, SEC.1. Repealed by P.L.98-2026, SEC.4.
Ind. Code § 15-16-2-2 Construction of chapter
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 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.
[Pre-2008 Recodification Citation: 15-3-3-16.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.5.
Ind. Code § 15-16-2-2.5 Repealed
As added by P.L.120-2008, SEC.53. Repealed by P.L.98-2026, SEC.5.
Ind. Code § 15-16-2-3 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(17).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.54; P.L.81-2009, SEC.6. Repealed by P.L.98-2026, SEC.6.
Ind. Code § 15-16-2-3.5 Applicability
Sec. 3.5. (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 on land in Indiana that complies with 327 IAC 6.1; or
(3) distributes inorganic fertilizer to retail facilities.
As added by P.L.98-2026, SEC.7.
Ind. Code § 15-16-2-4 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(18).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.55; P.L.81-2009, SEC.7. Repealed by P.L.98-2026, SEC.8.
Ind. Code § 15-16-2-5 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(16).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.9.
Ind. Code § 15-16-2-6 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(4).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.8. Repealed by P.L.98-2026, SEC.10.
Ind. Code § 15-16-2-7 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(13).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.9. Repealed by P.L.98-2026, SEC.11.
Ind. Code § 15-16-2-8 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(3).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.12.
Ind. Code § 15-16-2-9 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(19).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.56; P.L.81-2009, SEC.10. Repealed by P.L.98-2026, SEC.13.
Ind. Code § 15-16-2-10 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(10).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.14.
Ind. Code § 15-16-2-11 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(1).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.11. Repealed by P.L.98-2026, SEC.15.
Ind. Code § 15-16-2-12 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(5).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.16.
Ind. Code § 15-16-2-13 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(2).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.12. Repealed by P.L.98-2026, SEC.17.
Ind. Code § 15-16-2-14 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(6).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.18.
Ind. Code § 15-16-2-15 Repealed
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.19.
Ind. Code § 15-16-2-16 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(8).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.20.
Ind. Code § 15-16-2-17 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(9).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.21.
Ind. Code § 15-16-2-18 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(14).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.13. Repealed by P.L.98-2026, SEC.22.
Ind. Code § 15-16-2-19 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(11).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.23.
Ind. Code § 15-16-2-20 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(12).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.14. Repealed by P.L.98-2026, SEC.24.
Ind. Code § 15-16-2-21 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(15).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.25.
Ind. Code § 15-16-2-22 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(7).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.98-2026, SEC.26.
Ind. Code § 15-16-2-23 Repealed
[Pre-2008 Recodification Citation: 15-3-3-3(20).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.57; P.L.81-2009, SEC.15. Repealed by P.L.98-2026, SEC.27.
Ind. Code § 15-16-2-24 Office of the state chemist established; appointment; administration
Sec. 24. (a) The office of state chemist is established.
(b) The governor shall appoint the state chemist, who serves at the pleasure of the governor.
(c) The state chemist shall administer this chapter.
(d) The state chemist may designate an agent to discharge duties imposed on the state chemist by law.
[Pre-2008 Recodification Citation: 15-3-3-2 part.]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-25 Fertilizer advisory board; establishment; membership
Sec. 25. (a) The Indiana fertilizer advisory board is established to:
(1) study the regulation of fertilizer material;
(2) recommend changes to the schedule of civil penalties; and
(3) 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.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-17(a); subsection (b) formerly 15-3-3-17(b); subsection (c) formerly 15-3-3-17(c); subsection (d) formerly 15-3-3-17(d).]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.58; P.L.81-2009, SEC.16; P.L.98-2026, SEC.28.
Ind. Code § 15-16-2-26 Members; removal; vacancies
Sec. 26. (a) The state chemist may remove a voting member of the board for cause before the expiration of the member's term.
(b) 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 not later than thirty (30) days after the death, resignation, or removal for cause.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-17(e); subsection (b) formerly 15-3-3-17(f).]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-27 Chairperson
Sec. 27. 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.
[Pre-2008 Recodification Citation: 15-3-3-17(g).]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-28 Nonvoting members
Sec. 28. The board shall invite nonvoting members to serve at the pleasure of the board.
[Pre-2008 Recodification Citation: 15-3-3-17(k).]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-29 Meetings; quorum
Sec. 29. (a) The board may meet at times specified by the chairperson or by a majority of the board, but shall meet at least once a year.
(b) 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.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-17(h); subsection (b) formerly 15-3-3-17(i).]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-30 Per diem and travel expenses
Sec. 30. (a) Each member of the board who is not a state employee is entitled to receive both:
(1) the minimum salary per diem; and
(2) reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties;
as provided in the Purdue University travel policies and procedures established by the 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.
[Pre-2008 Recodification Citation: 15-3-3-17(j).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.17.
Ind. Code § 15-16-2-31 Commercial fertilizer; label; application; fee; registration; information; analysis; exemptions
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 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).
[Pre-2008 Recodification Citation: 15-3-3-4.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.18.
Ind. Code § 15-16-2-31.5 Additional plant nutrients; registration and guarantee; warnings
Sec. 31.5. (a) Additional plant nutrients besides nitrogen (N), phosphate (P2O5), and soluble potash (K2O), when mentioned or claimed on the:
(1) tag or label;
(2) container; or
(3) written or printed statement that accompanies delivery;
must be registered and guaranteed under section 31 of this chapter. Guarantees must be made on the elemental basis. The source of each guaranteed element must be included on the application for registration.
(b) When a claim for an additional plant nutrient is made on the label, container, or application for registration, the minimum percentages that will be accepted for registration are as follows:
Element
Percentage
Calcium (Ca)
1.00
Magnesium (Mg)
0.50
Sulfur (S)
1.00
Boron (B)
0.02
Chlorine (Cl)
0.10
Cobalt (Co)
0.0005
Copper (Cu)
0.05
Iron (Fe)
0.10
Manganese (Mn)
0.05
Molybdenum (Mo)
0.0005
Nickel (Ni)
0.0010
Sodium (Na)
0.10
Zinc (Zn)
0.05
(c) Except as provided in subsection (e), the guarantees or claims for the additional plant nutrients listed in subsection (b) are the only ones that will be accepted. Proposed labels and directions for use of the fertilizer must be furnished with the application for registration upon request. Any element listed in subsection (b) that is guaranteed must appear in the order listed, immediately following the guarantees for the primary nutrients, nitrogen, phosphorus, and potassium.
(d) A warning or caution statement is required on the label for any product that contains at least:
(1) three-hundredths percent (0.03%) of boron in a water soluble form; or
(2) one-thousandth percent (0.001%) of molybdenum.
(e) When any compound of boron is incorporated into a commercial fertilizer, a special warning tag or statement must be furnished to the purchaser and must contain the following:
(1) The word "WARNING" in letters at least three-fourths (3/4) inch in height.
(2) A statement describing the crops for which the fertilizer is to be used.
(3) A statement declaring use of the fertilizer on any other crops or under conditions other than those recommended may result in serious injury to the crops.
The tag or statement must be attached to or printed on the bag or other container in which the fertilizer is sold. For bulk fertilizers, the statement must be placed on the invoice or other document that must accompany delivery and be supplied to the purchaser at the time of delivery as provided in section 32 of this chapter.
(f) Except for the additional plant nutrients listed in subsection (b), 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.
As added by P.L.98-2026, SEC.29.
Ind. Code § 15-16-2-31.7 Pesticides in fertilizers; registration and guarantee
Sec. 31.7. (a) When an insecticide, a herbicide, or any other additive for pest control is added to fertilizer the product must be registered and guaranteed with respect to the kind and percentage of each insecticide, herbicide, and additive and each plant food element.
(b) The label on the bag or other container of a product described in subsection (a) must prominently state:
(1) the crops for which the product is to be used; and
(2) that the use of the product on any other crops or under conditions other than those recommended may result in serious injury to crops.
As added by P.L.98-2026, SEC.30.
Ind. Code § 15-16-2-32 Labeling requirements
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 on or affixed to 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.
(c) Any additional information, including printed materials or a design, that is attached to, appears on, or is associated with the commercial fertilizer may not conflict with the information required under this section.
[Pre-2008 Recodification Citation: 15-3-3-5.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.19; P.L.98-2026, SEC.31.
Ind. Code § 15-16-2-33 Inspection fee; exemptions
Sec. 33. (a) Except as provided in subsection (c), a person who distributes commercial fertilizers:
(1) in bulk; or
(2) in packages weighing more than twelve (12) pounds;
in Indiana to a person who 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 forty-five cents ($0.45) per ton for each ton of commercial fertilizer distributed. If a fertilizer tonnage report is required under this chapter, the minimum inspection fee is ten dollars ($10) payable semiannually.
(c) Sales or exchanges between importers, manufacturers, distributors, or registrants are exempt from the inspection fee.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-6(a); subsections (b), (c) formerly 15-3-3-6(b) part.]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-34 Permit to report commercial fertilizer sold; fee
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 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.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-6(c); subsections (b), (c), (d) formerly 15-3-3-6(d); subsection (e) formerly 15-3-3-6(e).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.20.
Ind. Code § 15-16-2-35 Disposition of inspection fees
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 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:
(1) governor;
(2) legislative council; and
(3) budget committee;
showing the total receipts and expenditures of all fees received under this chapter. The budget committee shall review this report annually.
[Pre-2008 Recodification Citation: 15-3-3-6(b) part.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.21; P.L.29-2024, SEC.4.
Ind. Code § 15-16-2-36 Excess funds from fees collected; disposition
Sec. 36. (a) Notwithstanding any other law, all excess funds accumulated from the fees collected by:
(1) the state chemist, under this chapter, IC 15-15-2, IC 15-16-2.5, IC 15-16-4, IC 15-16-5, and IC 15-19-7; and
(2) the state seed commissioner under IC 15-15-1 and IC 15-15-13;
shall be paid to the treasurer of Purdue University. The funds shall be administered by the board of trustees of Purdue University.
(b) On approval of the governor and the budget agency, and upon review of the budget committee, the board of trustees may spend the excess funds for the construction, operation, rehabilitation, and repair of buildings, structures, or other facilities used for:
(1) carrying out the purposes of those chapters referred to in subsection (a) under which the fees are collected; or
(2) the agricultural programs authorized by law and in support of the purposes of the chapters referred to in subsection (a).
[Pre-2008 Recodification Citation: 15-3-3-6.5.]
As added by P.L.2-2008, SEC.7. Amended by P.L.165-2014, SEC.2; P.L.141-2018, SEC.1; P.L.29-2024, SEC.5; P.L.98-2026, SEC.32.
Ind. Code § 15-16-2-37 Annual publication by state chemist; information required
Sec. 37. (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 commercial fertilizers, including any data on sales that the state chemist considers advisable.
(2) The results of the analyses conducted under section 38 of this chapter based on official samples of commercial fertilizers sold within the state compared with the analysis guaranteed under sections 31 and 32 of this chapter.
(b) The information published by the state chemist concerning the sale of commercial fertilizers:
(1) must show separately the fall season and spring season of each year; and
(2) may not disclose the operations of any person.
[Pre-2008 Recodification Citation: 15-3-3-11.]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-38 Inspection, analysis, and tests; entry onto premises; subpoenas
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 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) fertilizer materials; and
(2) plans and records relating to the transportation, storage, sale, and use of fertilizer materials;
subject to this chapter and the rules adopted under this chapter.
(c) The state chemist shall use the methods of sampling and analysis for commercial fertilizers that are adopted by AOAC International. In cases of dispute, AOAC International's methods prevail if AOAC International's methods are available. However, in cases not covered by AOAC International's methods, or in cases where methods are available in which improved applicability has been demonstrated, the state chemist may adopt appropriate methods from other sources.
(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).
(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.
[Pre-2008 Recodification Citations: subsections (a), (b) formerly 15-3-3-7(a); subsection (c) formerly 15-3-3-7(b); subsection (d) formerly 15-3-3-7(c).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.22; P.L.99-2012, SEC.4; P.L.98-2026, SEC.33.
Ind. Code § 15-16-2-39 Official commercial fertilizer analysis; report
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.
[Pre-2008 Recodification Citation: 15-3-3-7(d).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.23.
Ind. Code § 15-16-2-40 Noncompliance with analysis; order for refund to purchaser; appeal
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.
[Pre-2008 Recodification Citation: 15-3-3-8.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.24.
Ind. Code § 15-16-2-41 Storage of bulk fertilizers
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.
[Pre-2008 Recodification Citation: 15-3-3-11.5.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.25.
Ind. Code § 15-16-2-42 Misbranded and adulterated commercial fertilizers; unlawful distribution
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 nutrient value are made:
(A) on the container; or
(B) in any advertising 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.
[Pre-2008 Recodification Citation: 15-3-3-9.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.26.
Ind. Code § 15-16-2-43 Fraudulent or deceptive practices; cancellation of registration; refusal to register; notice; hearing
Sec. 43. (a) The state chemist may:
(1) cancel the registration of any brand of commercial fertilizer; or
(2) refuse to register any brand of commercial fertilizer in accordance with 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 or any rule adopted under 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.
[Pre-2008 Recodification Citation: 15-3-3-10.]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-44 Rules
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, including standards to protect waters of the state.
(2) The distribution and storage of bulk fertilizers, including standards for the storage of bulk fertilizers to protect the waters of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning the staging, management, and land application of fertilizer material.
[Pre-2008 Recodification Citation: 15-3-3-12.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.27; P.L.189-2011, SEC.14; P.L.98-2026, SEC.34.
Ind. Code § 15-16-2-44.5 Disposition of fees; annual report; expiration of authority to collect fees
Sec. 44.5. (a) The state chemist shall pay to the treasurer of Purdue University all certification and educational program fees collected under IC 15-16-2.5-14.
(b) Certification and educational program fees collected under IC 15-16-2.5-14 must be used to pay all necessary expenses incurred in carrying out and administering the certification and educational programs.
(c) Before November 1, 2026, and before November 1 of each year thereafter, the dean of agriculture of Purdue University shall make an annual classified report to the:
(1) governor;
(2) legislative council; and
(3) budget committee;
showing the total receipts and expenditures of all fees received under this section for the most recently preceding state fiscal year. The budget committee shall review this report annually.
(d) If the report under subsection (c) is not provided before November 1, 2026, or before November 1 of any year thereafter, as required, the fees allowed under this chapter shall expire December 31 in the year in which the November 1 deadline is not met.
As added by P.L.81-2009, SEC.28. Amended by P.L.29-2024, SEC.6; P.L.98-2026, SEC.35.
Ind. Code § 15-16-2-44.7 Purdue Pesticide Programs
Sec. 44.7. The state chemist shall deposit all money collected for civil penalties under this chapter into an account for the Purdue Pesticide Programs for the purpose of providing education about fertilizers.
As added by P.L.98-2026, SEC.36.
Ind. Code § 15-16-2-45 Use of technologies to protect waters from release of bulk fertilizers
Sec. 45. The state chemist may allow the use of technologies or methods other than those specified in the administrative rules adopted by the state chemist under section 44 of this chapter if the technologies or methods provide substantially similar protection to the waters of the state from the release of bulk fertilizer as provided by the rules.
[Pre-2008 Recodification Citation: 15-3-3-12.5(b).]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-46 Stop sale, use, or removal orders
Sec. 46. (a) If the state chemist determines that a 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:
(1) a written or printed stop sale, use, or removal order; and
(2) a written or printed order to hold the commercial fertilizer at a designated place until:
(A) the owner or custodian complies with this chapter;
(B) the state chemist releases the 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 complies with this chapter; and
(2) all costs and expenses incurred in connection with the withdrawal have been paid.
[Pre-2008 Recodification Citation: 15-3-3-13.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.29.
Ind. Code § 15-16-2-47 Seizure of commercial fertilizer; condemnation and disposal; release of commercial fertilizer
Sec. 47. (a) Any 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 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.
[Pre-2008 Recodification Citation: 15-3-3-14.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.30.
Ind. Code § 15-16-2-48 Repealed
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-15(a); subsection (b) formerly 15-3-3-15(b).]
As added by P.L.2-2008, SEC.7. Repealed by P.L.81-2009, SEC.33.
Ind. Code § 15-16-2-49 Injunctions
Sec. 49. The state chemist may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter. The injunction shall be issued without bond. The remedies under this subsection are supplemental to other remedies allowed under this section or other law.
[Pre-2008 Recodification Citation: 15-3-3-15(c).]
As added by P.L.2-2008, SEC.7.
Ind. Code § 15-16-2-49.5 Violations; penalties
Sec. 49.5. (a) If a person violates this chapter or a rule adopted under this chapter, the state chemist may:
(1) warn, issue a citation to, or impose a civil penalty on the person;
(2) deny, suspend, revoke, or amend the person's registration under this chapter;
(3) refer the person for criminal prosecution; or
(4) refer the person to another appropriate governmental agency.
However, nothing in this chapter requires the state chemist to impose a civil penalty for a violation.
(b) The state chemist shall impose a civil penalty only according to the schedule of civil penalties in section 49.6 of this chapter.
(c) A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor.
As added by P.L.120-2008, SEC.59. Amended by P.L.81-2009, SEC.31; P.L.98-2026, SEC.37.
Ind. Code § 15-16-2-49.6 Schedule of civil penalties
Sec. 49.6. The schedule of civil penalties for violations of this chapter are as follows:
(1) Each penalty for each violation, if the violation is of a continuing nature, shall not be imposed for more than one hundred eighty (180) days when assessed on a per day basis.
(2) Each penalty for each violation, if the violation is of an identical repetitive nature, may not be imposed for more than one hundred eighty (180) incidents when assessed on a per incident basis.
Legal
General
Violation
Violation
Citation
Description of
Number
Assessment
Violation
1
2
3 and
subsequent
IC
Use fraud
$250
$500
$1,000
Per incident
15-16-2-43
in applying
and
for license,
IC
permit, or
15-16-2.5-9
registration.
IC
Sell, use,
$250
$500
$1,000
Per incident
15-16-2-46
or remove
without
permission a
product placed
under a
stop sale,
use, or
removal order.
The preceding penalty amounts for a violation of IC 15-16-2-46 are not eligible for a potential mitigation under section 49.8 of this chapter.
IC
Engage in
$250
$500
$1,000
Per day
15-16-2.5-2
business
and
for hire
IC
without a
15-15-2.5-3
business
license.
IC
Use
$100
$200
$300
Per day
15-16-2.5-2
fertilizer
and
material
IC
without
15-16-2.5-3
certification.
IC
Distribute
$250
$500
$1,000
Per day
15-16-2.5-4
fertilizer
material
without a
business
license.
IC
Distribute
$100
$200
$300
Per incident
15-16-2.5-4
fertilizer
material
to an
unlicensed
user.
IC
Fail to
$100
$200
$300
Per incident
15-16-2.5-5
train
employees.
IC
Fail to
$125
$250
$500
Per day
15-16-2.5-5(d)
properly
supervise
employee.
IC
Fail to
$100
$250
$500
Per incident
15-16-2.7-2(1)
develop or
and
follow a
IC
fertilizer
15-16-2.7-2(2)
application
plan.
IC
Apply
$100
$250
$500
Per incident
15-16-2.7-2(3)
fertilizer
material
directly to
surface water.
IC
Apply
$100
$250
$500
Per incident
15-16-2.7-2(4)
fertilizer
material to
saturated
ground.
IC
Apply
$100
$250
$500
Per incident
15-16-2.7-2(5)
fertilizer
material
from a
public road.
The preceding penalty amounts for a violation of IC 15-16-2.7-2(5) are not eligible for a potential mitigation under section 49.8 of this chapter.
IC
Fail to
$250
$500
$1,000
Per incident
15-16-2.7-3
follow
proper
unmanipulated
organic
fertilizer
application
setback or
incorporation
requirements.
IC
Improper
$250
$500
$1,000
Per incident
15-16-2.7-4
application of
unmanipulated
organic
fertilizer to
highly erodible
land.
IC
Improper
$250
$500
$1,000
Per incident
15-16-2.7-5
application of
unmanipulated
organic
fertilizer to
frozen or snow
covered ground.
IC
Fail to
$100
$250
$500
Per day
15-16-2.7-6
properly
monitor
organic
fertilizer
application.
IC
Fail to
$250
$500
$1,000
Per incident
15-16-2.7-7
properly
and per day
stage
inorganic
fertilizer.
IC
Fail to
$250
$500
$1,000
Per incident
15-16-2.7-8
properly
and per day
stage
organic
fertilizer.
IC
Fail to
$25
$50
$75
Per day
15-16-2.7-9
keep proper
distribution
records.
IC
Fail to
$25
$50
$75
Per day
15-16-2.7-10
keep proper
application
records.
IC
Make false
$250
$500
$1,000
Per incident
15-16-2.7-9
records.
and
IC
15-16-2.7-10
The preceding penalty amounts for a violation of IC 15-16-2.7-9 or IC 15-16-2.7-10 are not eligible for a potential mitigation under section 49.8 of this chapter.
IC
Fail to
$100
$250
$500
Per incident
15-16-2.7-11
make
records
available.
The preceding penalty amounts for a violation of IC 15-16-2.7-11 are not eligible for a potential mitigation under section 49.8 of this chapter.
IC
Operate
$100
$200
$300
Per incident
15-16-3.3-1(e)
storage
containers or
appurtenances
with an
improper
design.
IC
Store a
$250
$500
$1,000
Per day
15-16-3.3-2
fertilizer in
an underground
bulk container.
IC
Abandon a
$250
$500
$1,000
Per incident
15-16-3.3-3
bulk storage
container
improperly.
IC
Store a
$100
$200
$300
Per incident
15-16-3.3-1
fertilizer in
and
a bulk
IC
container made
15-16-3.3-4
of improper
design or
materials.
IC
Fail to
$100
$250
$500
Per incident
15-16-3.3-5(a)
anchor
bulk storage
containers
properly.
IC
Fail to
$100
$250
$500
Per incident
15-16-3.3-6
provide bulk
container
security.
IC
Fill bulk
$100
$200
$300
Per incident
15-16-3.3-7
container
beyond
intended
capacity.
IC
Fail to
$50
$50
$50
Per day
15-16-3.3-8
support or
contain
appurtenances.
IC
Fail to
$50
$100
$150
Per incident
15-16-3.3-9
provide a
liquid level
device or
secure liquid
level gauge.
IC
Fail to
$25
$50
$100
Per incident
15-16-3.3-10
properly label
bulk container.
IC
Fail to
$100
$200
$300
Per day
15-16-3.3-11
maintain bulk
container or
appurtenance.
IC
Fail to carry
$250
$500
$1,000
Per incident
15-16-3.3-12(b)
out operational
area activities
within contained
area.
IC
Operate
$100
$200
$300
Per day
15-16-3.3-12(c)
operational area
containment with
improper design,
construction, or
capacity.
IC
Operate
$100
$200
$300
Per day
15-16-3.3-12(e)
operational
area with a
valve, or
improper
pump.
IC
Fail to
$100
$200
$300
Per incident
15-16-3.3-12(f)
remove
liquids
promptly from
operational area
containment.
IC
Fail to
$100
$200
$300
Per incident
15-16-3.3-12(g)
protect storage
containers and
appurtenances
from damage
by vehicles.
IC
Fail to
$100
$200
$300
Per day
15-16-3.3-12(i)
maintain
operational
area containment.
IC
Store a
$250
$500
$1,000
Per day
15-16-3.3-13(a)
bulk container
outside of
secondary
containment.
IC
Fail to
$100
$200
$300
Per day
15-16-3.3-13(b)
separate fertilizer
secondary
containment
from other
materials.
IC
Fail to
$100
$200
$300
Per day
15-16-3.3-13(c)
maintain
and
required
IC
capacity for
15-16-3.3-22(b)
secondary
containment.
IC
Operate
$100
$200
$300
Per day
15-16-3.3-13(f)
secondary
containment
with tile
drainage within
or under the
containment.
IC
Operate
$100
$200
$300
Per day
15-16-3.3-14(a)
secondary
containment with
improperly
constructed
or sealed walls.
IC
Operate
$100
$200
$300
Per day
15-16-3.3-15,
secondary
IC
containment
15-16-3.3-16,
with improperly
IC
constructed
15-16-3.3-17,
or sealed
IC
base.
15-16-3.3-18,
or IC
15-16-3.3-19
IC
Operate an
$100
$200
$300
Per day
15-16-3.3-21
improperly
designed,
constructed,
or maintained
elephant ring.
IC
Operate
$100
$200
$300
Per day
15-16-3.3-22(a)
secondary
containment
with a relief
outlet, valve,
or improper
pump.
IC
Fail to
$100
$200
$300
Per day
15-16-3.3-23(a)
maintain
secondary
containment.
IC
Fail to
$25
$50
$100
Per day
15-16-3.3-23(b)
maintain
secondary
containment
free of
debris and
foreign matter.
IC
Store dry
$250
$500
$1,000
Per day
15-16-3.3-24(a)
bulk
fertilizer in
an unsound
manner.
IC
Fail to
$250
$500
$1,000
Per incident
15-16-3.3-24(b)
provide a
dry fertilizer
operations
pad.
IC
Fail to
$50
$100
$150
Per year
15-16-3.3-25
notify the
state chemist
annually of
the bulk
storage facility
location and
status.
355
Supervise
$100
$100
$100
Per day and
IAC
more than
per person
7-3-4
10 employees.
As added by P.L.98-2026, SEC.38.
Ind. Code § 15-16-2-49.7 Determining the violation number and count of violations to be assessed
Sec. 49.7. For purposes of imposing civil penalties under this chapter, the state chemist shall comply with the following when determining the violation number and the count of violations:
(1) Only violations committed within the immediate past five (5) years of the date of the violation being addressed will be considered.
(2) A person's violation numbers shall accumulate as first, second, third, and so on independently for each violation listed on the schedule.
(3) When multiple different but similar or related violations are committed by a single distinguishable act or failure to act, only one (1) of those violations may be subject to a civil penalty for that act. This subdivision is intended to avoid duplicating civil penalty assessment for violation of multiple provisions of the statute or rule that may be essentially the same or closely related. This subdivision is not intended to limit in any way civil penalty assessment for violations that are the result of more than one (1) distinguishable unrelated act or failure to act or a violation of a continuing or repetitive nature.
(4) When civil penalty assessment procedures outlined in subdivision (3) are being followed, the state chemist shall use the appropriate violation with the highest penalty listed on the schedule.
As added by P.L.98-2026, SEC.39.
Ind. Code § 15-16-2-49.8 Potential penalty mitigation
Sec. 49.8. (a) Except as provided in section 49.6 of this chapter, the amount of a civil penalty in section 49.6 of this chapter may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following:
(1) Good faith efforts of the violator to comply.
(2) Cooperation by the violator with the state chemist during the investigation process.
(3) The violator's history of compliance.
(4) The potential for damage.
(5) Remedial or corrective action taken by the violator.
(b) The state chemist may subject the violator to the full amount of the nonmitigated civil penalty if the violator fails to pay the full amount of any previously mitigated civil penalty by the date prescribed by the state chemist.
As added by P.L.98-2026, SEC.40.
Ind. Code § 15-16-2-50 Regulation by political subdivision prohibited; petition; hearing; waiver; written decision
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.
(c) The petitioner in the public hearing must present evidence that supports the request for a waiver to adopt an ordinance. All evidence shall be received fourteen (14) days prior to the hearing date. The petitioner has the burden of showing the need for the requested waiver. The evidence must include the following:
(1) A clear, detailed statement of the problem being addressed.
(2) The special circumstances that exist that warrant a waiver.
(3) The specific political entity that will be covered by the request.
(4) Any resources of the state that would be protected by the request, including a specific stream, river, lake, or pond.
(5) Current site specific scientific data, including applicable soil and water tests, that support the request.
(6) Previous mitigation methods or steps implemented.
(7) Educational efforts undertaken to address the concern.
(8) A copy of the proposed ordinance.
(d) In reaching a decision to approve or deny the waiver, the state chemist shall consider the following:
(1) Whether the scientific evidence supports the claims being made in the petition.
(2) Whether the measures proposed in the petition will likely correct the purported problem or significantly reduce environmental impacts.
(3) Whether the proposed ordinance corrects the problem in the narrowest scope possible.
(4) Whether the ordinance will impose an undue burden upon the persons regulated.
(5) Whether scientifically based maintenance levels of nutrient applications would still be allowed by the ordinance.
(6) Acceptable fertilizer management practices.
(e) The state chemist may not consider the following factors in making a decision on whether to approve or deny the waiver:
(1) The economic impact.
(2) The odor.
(f) In reaching a decision on whether to approve or deny the waiver, the state chemist may consult, in addition to the material received from the petitioner, the following:
(1) The board.
(2) Scientifically based materials provided by the College of Agriculture at Purdue University.
(3) Other sources deemed necessary by the state chemist.
The state chemist shall prepare a written decision, with stated reasons, either allowing or denying the waiver within ninety (90) days after review.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-3-3-12.5(c); subsection (b) formerly 15-3-3-12.5(d).]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.32; P.L.98-2026, SEC.41.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/15Fetched: 10/17/2026