Ind. Code ch. 15-16-5

Ind. Code ch. 15-16-5
in effect

Ind. Code § 15-16-5-0.5 "Adverse effect"

Sec. 0.5. As used in this chapter, "adverse effect" has the meaning set forth in IC 15-16-4-3.5. As added by P.L.76-2021, SEC.3.

Ind. Code § 15-16-5-1 "Agricultural commodity"

Sec. 1. As used in this chapter, "agricultural commodity" means any plant or part of a plant and animals or animal products produced primarily for sale, consumption, propagation, or other use by humans or animals. [Pre-2008 Recodification Citation: 15-3-3.6-2(1).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-2 "Animal"

Sec. 2. As used in this chapter, "animal" means all vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. [Pre-2008 Recodification Citation: 15-3-3.6-2(2).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-3 "Beneficial insects"

Sec. 3. As used in this chapter, "beneficial insects" means insects that, during some part of their life cycles, are effective pollinators of plants, are parasites or predators of pests, or are useful to humans. [Pre-2008 Recodification Citation: 15-3-3.6-2(3).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-4 "Board"

Sec. 4. As used in this chapter, "board" means the Indiana pesticide review board established by IC 15-16-4-42. [Pre-2008 Recodification Citation: 15-3-3.6-2(4).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-5 "Certificate of financial responsibility"

Sec. 5. As used in this chapter, "certificate of financial responsibility" means a notarized statement from an officer of a bank or other financial institution attesting to the fact that a licensee under this chapter has adequate financial resources equal to the amount of liability insurance or bonding required by rule under section 58 of this chapter to protect persons who may suffer legal damages as a result of the applicator's pesticide operations or the pest inspector's inspections. [Pre-2008 Recodification Citation: 15-3-3.6-2(30).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-6 "Certified applicator"

Sec. 6. As used in this chapter, "certified applicator" means any individual who is certified under this chapter as qualified to: (1) use or supervise the use of restricted use pesticides; or (2) use general use pesticides or fertilizer material for hire; and has been issued a license or permit as evidence of the individual's qualifications. [Pre-2008 Recodification Citation: 15-3-3.6-2(5).] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.20.

Ind. Code § 15-16-5-7 "Commercial applicator"

Sec. 7. As used in this chapter, "commercial applicator" means a certified applicator, whether or not a private applicator with respect to some uses, who: (1) uses or supervises the use of restricted use pesticide products; or (2) uses general use pesticide products or fertilizer materials for hire; for any purpose or on any property other than as provided by section 30 of this chapter. [Pre-2008 Recodification Citation: 15-3-3.6-2(7).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.13; P.L.29-2024, SEC.21.

Ind. Code § 15-16-5-8 "Defoliant"

Sec. 8. As used in this chapter, "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. [Pre-2008 Recodification Citation: 15-3-3.6-2(8).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-9 "Desiccant"

Sec. 9. As used in this chapter, "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. [Pre-2008 Recodification Citation: 15-3-3.6-2(9).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-10 "Device"

Sec. 10. As used in this chapter, "device" has the meaning set forth in IC 15-16-4-10. [Pre-2008 Recodification Citation: 15-3-3.6-2(10).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.14.

Ind. Code § 15-16-5-10.5 "Direct supervision"

Sec. 10.5. As used in this chapter, "direct supervision" refers to the supervision required under 40 CFR 171.201 of a noncertified individual who uses a restricted use pesticide. As added by P.L.29-2024, SEC.22.

Ind. Code § 15-16-5-11 "Distribute"

Sec. 11. As used in this chapter, "distribute" means to offer for sale, sell, exchange, or barter, or supply or offer to supply a pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(11).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-12 "Environment"

Sec. 12. As used in this chapter, "environment" includes water, air, land, and all plants and humans and other animals living in water, air, or on land and the interrelationships that exist among these. [Pre-2008 Recodification Citation: 15-3-3.6-2(12).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-13 "Equipment"

Sec. 13. As used in this chapter, "equipment" means any type of ground, water, or aerial apparatus or contrivance using motorized, mechanical, or pressurized power to apply any pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(13).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-13.5 "Fertilizer material"

Sec. 13.5. As used in this chapter, "fertilizer material" has the meaning set forth in IC 15-16-1.5-28. As added by P.L.29-2024, SEC.23. Amended by P.L.98-2026, SEC.52.

Ind. Code § 15-16-5-14 "Fungus"

Sec. 14. As used in this chapter, "fungus" means any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, including: (1) rust; (2) smut; (3) mildew; (4) mold; (5) yeast; and (6) bacteria; except those on or in living humans or other animals, and those on or in processed food, beverages, or pharmaceuticals. [Pre-2008 Recodification Citation: 15-3-3.6-2(14).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-14.5 "General use pesticide"

Sec. 14.5. As used in this chapter, "general use pesticide" has the meaning set forth in IC 15-16-4-15.5. As added by P.L.29-2024, SEC.24.

Ind. Code § 15-16-5-15 "Insect"

Sec. 15. As used in this chapter, "insect" means any small invertebrate animal: (1) generally having the body more or less obviously segmented; (2) for the most part belonging to the class Insecta; and (3) comprising: (A) six (6) legged usually winged forms, including beetles, bugs, bees, flies; or (B) other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, including spiders, mites, ticks, centipedes, and wood lice. [Pre-2008 Recodification Citation: 15-3-3.6-2(15).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-15.5 "Isolation area"

Sec. 15.5. As used in this chapter, "isolation area" means the area that is: (1) located within two hundred (200) feet of a community public water supply system production well that serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents; and (2) intended to protect ground water from direct contamination by pesticides. As added by P.L.29-2024, SEC.25.

Ind. Code § 15-16-5-16 "Licensed applicator for hire"

Sec. 16. As used in this chapter, "licensed applicator for hire" means any licensed certified commercial applicator who is employed by a licensed pesticide business to: (1) use or to supervise the use of restricted use pesticide products; or (2) use general use pesticide products or fertilizer materials; on the property of another for hire and who has assumed direct responsibility for the use or supervision of the use of those products by the business. [Pre-2008 Recodification Citation: 15-3-3.6-2(17).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.15; P.L.29-2024, SEC.26.

Ind. Code § 15-16-5-17 "Licensed applicator not for hire"

Sec. 17. As used in this chapter, "licensed applicator not for hire" means a licensed certified commercial applicator who is employed by a private employer to use or supervise the use of a restricted use pesticide only on the property of the employer. [Pre-2008 Recodification Citation: 15-3-3.6-2(32).] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.27.

Ind. Code § 15-16-5-18 "Licensed pest inspector"

Sec. 18. As used in this chapter, "licensed pest inspector" means an individual licensed under this chapter to make diagnostic inspections or reports to determine infestations of wood destroying pests on the property of another person and meets the requirements under section 58 of this chapter. [Pre-2008 Recodification Citation: 15-3-3.6-2(38).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-19 "Licensed pesticide business"

Sec. 19. As used in this chapter, "licensed pesticide business" means any licensed person that owns, operates, or manages a business that is engaged in or professes to be engaged in: (1) using any pesticide product, including restricted use pesticides; or (2) making diagnostic inspections or reports to determine infestations of wood destroying pests. [Pre-2008 Recodification Citation: 15-3-3.6-2(16).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.16.

Ind. Code § 15-16-5-20 "Licensed public applicator"

Sec. 20. As used in this chapter, "licensed public applicator" means a licensed certified commercial applicator who uses or supervises the use of a restricted use pesticide as an employee of a state agency, municipal corporation, or other governmental agency. [Pre-2008 Recodification Citation: 15-3-3.6-2(18).] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.28.

Ind. Code § 15-16-5-21 "Nematode"

Sec. 21. As used in this chapter, "nematode", commonly known as a nema or an eelworm, means an invertebrate animal of the phylum nemathelminthes and class nematoda that is an unsegmented roundworm: (1) with an elongated, fusiform, or saclike body covered with cuticle; and (2) that inhabits soil, water, plants, or plant parts. [Pre-2008 Recodification Citation: 15-3-3.6-2(19).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-21.5 "Nontarget site"

Sec. 21.5. As used in this chapter, "nontarget site" means any location, thing, or organism that is not the intended target site of the pesticide application, including the following: (1) Personal property. (2) Public property. (3) A body of water. (4) An individual. (5) An animal that is not a pest, including managed pollinators. (6) Livestock. (7) A commodity, including an agricultural crop. (8) A plant that is not a weed. As added by P.L.29-2024, SEC.29.

Ind. Code § 15-16-5-22 "Permit"

Sec. 22. As used in this chapter, "permit" means a written certificate issued by the state chemist or the state chemist's agent to a private applicator, authorizing the purchase, possession, or use of restricted use pesticides. [Pre-2008 Recodification Citation: 15-3-3.6-2(20).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-23 "Person"

Sec. 23. As used in this chapter, "person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. [Pre-2008 Recodification Citation: 15-3-3.6-2(21).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-24 "Pest"

Sec. 24. As used in this chapter, "pest" means: (1) any insect, rodent, nematode, fungus, or weed; or (2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living humans or other living animals) that is declared to be a pest by the administrator of the United States Environmental Protection Agency or by the board. [Pre-2008 Recodification Citation: 15-3-3.6-2(22).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-25 "Pesticide"

Sec. 25. As used in this chapter, "pesticide" means: (1) any substance or mixture of substances intended for: (A) preventing; (B) destroying; (C) repelling; or (D) mitigating; a pest; or (2) any substance or mixture of substances intended for use as a: (A) plant regulator; (B) defoliant; or (C) desiccant. [Pre-2008 Recodification Citation: 15-3-3.6-2(23).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-26 Repealed

[Pre-2008 Recodification Citation: 15-3-3.6-2(33).] As added by P.L.2-2008, SEC.7. Repealed by P.L.29-2024, SEC.30.

Ind. Code § 15-16-5-27 "Pesticide formulation"

Sec. 27. As used in this chapter, "pesticide formulation" means a pesticide product comprised of all active ingredients and inert ingredients. [Pre-2008 Recodification Citation: 15-3-3.6-2(34).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-27.5 "Pesticide notification registry"

Sec. 27.5. As used in this chapter, "pesticide notification registry" means the registry created and maintained by a school listing the names and contact information of: (1) parents and guardians of children at the school; and (2) school staff; who have requested to be notified of the details of pesticide applications on the school's property. As added by P.L.29-2024, SEC.31.

Ind. Code § 15-16-5-28 "Pesticide product"

Sec. 28. As used in this chapter, "pesticide product" means a pesticide or device offered for distribution or use, including any labeling. [Pre-2008 Recodification Citation: 15-3-3.6-2(35).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-29 "Plant regulator"

Sec. 29. As used in this chapter, "plant regulator" has the meaning set forth in IC 15-16-4-34. [Pre-2008 Recodification Citation: 15-3-3.6-2(24).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.17.

Ind. Code § 15-16-5-30 "Private applicator"

Sec. 30. As used in this chapter, "private applicator" means a certified and permitted applicator who uses or supervises the use of restricted use pesticides for purposes of producing any agricultural commodity on property owned, rented, or managed by the employer or the applicator, if applied without compensation on the property of another person. [Pre-2008 Recodification Citation: 15-3-3.6-2(6).] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.32.

Ind. Code § 15-16-5-31 "Property"

Sec. 31. As used in this chapter, "property" means all: (1) land and water areas, including airspace; and (2) plants, animals, structures, buildings, contrivances, vehicles, and machinery, appurtenant to or situated on land and water areas, fixed or mobile, including any used for transportation. [Pre-2008 Recodification Citation: 15-3-3.6-2(25).] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.73.

Ind. Code § 15-16-5-32 "Registered pesticide dealer"

Sec. 32. As used in this chapter, "registered pesticide dealer" means any person who distributes any restricted use pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(31).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-33 "Registered technician"

Sec. 33. As used in this chapter, "registered technician" means a person who: (1) is not certified or licensed under this chapter; (2) has registered with the state chemist; and (3) is authorized to engage in the use of general use pesticide products or fertilizer materials for hire. [Pre-2008 Recodification Citation: 15-3-3.6-2(36).] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.33.

Ind. Code § 15-16-5-34 "Restricted use pesticide"

Sec. 34. As used in this chapter, "restricted use pesticide" has the meaning set forth in IC 15-16-4-37. [Pre-2008 Recodification Citation: 15-3-3.6-2(26).] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.18.

Ind. Code § 15-16-5-34.5 "School"

Sec. 34.5. As used in this chapter, "school" means the following: (1) A public school (as defined in IC 20-18-2-15(1)), including a charter school. (2) A nonpublic school (as defined in IC 20-18-2-12) with more than one (1) employee. (3) The Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1. (4) The Indiana School for the Deaf established by IC 20-22-2-1. As added by P.L.29-2024, SEC.34.

Ind. Code § 15-16-5-34.7 "School property"

Sec. 34.7. As used in this chapter, "school property" means the following: (1) A building or other structure owned or rented by a school. (2) The grounds adjacent to and owned or rented in common with a building or other structure owned or rented by a school. As added by P.L.29-2024, SEC.35.

Ind. Code § 15-16-5-35 "Unreasonable adverse effects on the environment"

Sec. 35. As used in this chapter, "unreasonable adverse effects on the environment" means an unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. [Pre-2008 Recodification Citation: 15-3-3.6-2(27).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-36 "Use"

Sec. 36. As used in this chapter, "use" means an act of handling, releasing, or exposing individuals or the environment to a pesticide. The term includes the following: (1) Application or supervision of an application of a pesticide, including mixing or loading the pesticide. (2) Storage of pesticides and pesticide containers by the intended applicator of the pesticides. (3) Transportation of pesticides and pesticide containers by the intended applicator of the pesticides. (4) Disposal of pesticides and pesticide containers by the intended applicator of the pesticides. [Pre-2008 Recodification Citation: 15-3-3.6-2(37).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-37 "Weed"

Sec. 37. As used in this chapter, "weed" means any plant that grows where the plant is not wanted. [Pre-2008 Recodification Citation: 15-3-3.6-2(28).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-37.5 "Wellhead protection area zone"

Sec. 37.5. As used in this chapter, "wellhead protection area zone" means the surface and subsurface area of the wellhead protection area that is located within a three thousand (3,000) foot radius of a community public water supply system production well or well field and through which contaminants are likely to move and reach the well. As added by P.L.29-2024, SEC.36.

Ind. Code § 15-16-5-38 "Wildlife"

Sec. 38. As used in this chapter, "wildlife" means all living things that are not human, domesticated, or pests. This term includes mammals, birds, reptiles, and aquatic life. [Pre-2008 Recodification Citation: 15-3-3.6-2(29).] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-39 Administration of chapter

Sec. 39. This chapter shall be administered by the state chemist. [Pre-2008 Recodification Citation: 15-3-3.6-1.] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-40 Delegation of powers

Sec. 40. The state chemist may delegate to an employee or agent any function that is vested in the state chemist by this chapter. [Pre-2008 Recodification Citation: 15-3-3.6-25.] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-41 Rules; confidentiality

Sec. 41. The state chemist may adopt rules to declare that information required to be submitted under this chapter is confidential. [Pre-2008 Recodification Citation: 15-3-3.6-16.1.] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-42 Reciprocity; waiver of requirements

Sec. 42. The state chemist may waive all or part of the requirements provided for in sections 45, 46, 48, 49, 50, 51, 52, 54, 56, and 57 of this chapter on a reciprocal basis with any other state agency or federal agency that has substantially the same standards. [Pre-2008 Recodification Citation: 15-3-3.6-22.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.74; P.L.99-2012, SEC.14.

Ind. Code § 15-16-5-43 Instruction and training in pesticide use

Sec. 43. In concurrence with the state chemist, the Purdue University cooperative extension service shall organize and conduct programs of instruction and training in areas of knowledge required in this chapter. Where appropriate and feasible, the Purdue University cooperative extension service shall draw upon the resources and expertise of other educational institutions and the private sector in this effort. [Pre-2008 Recodification Citation: 15-3-3.6-23.] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-44 Rules; use; application; inspections

Sec. 44. (a) The board may adopt rules under IC 4-22-2 prescribing policies and procedures relating to restricted use pesticides: (1) use; (2) application; (3) storage; (4) distribution; and (5) record keeping. (b) The state chemist may adopt additional rules under IC 4-22-2 as required to accomplish the purpose of this chapter. (c) Rules adopted under this chapter may not permit any pesticide use that is prohibited by federal law and regulations or orders issued under federal law. (d) The following requirements and standards established in federal rules shall be adopted as state requirements and standards: (1) 40 CFR 165, federal pesticide containers, repackaging, and containment structures. (2) 40 CFR 170, federal pesticide agricultural worker protection standard. (3) 40 CFR 171.201, federal direct supervision of noncertified applicators by certified applicators. [Pre-2008 Recodification Citation: 15-3-3.6-4.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.38.

Ind. Code § 15-16-5-45 Rules; categories and classifications for certification and licensure; certification of applicators

Sec. 45. (a) As required by 40 CFR 171, the state chemist shall adopt rules to establish categories and qualifications to certify and license persons to use pesticides and to make diagnostic inspections and reports for wood destroying pests under this chapter. Each category is subject to separate testing procedures and requirements. A person is not required to pay an additional license fee if the person desires to be licensed in more than one (1) of the license categories provided for by the state chemist under this section. (b) The state chemist, in adopting rules under this section, shall establish examination content and standards for the certification of persons who use pesticides or who make diagnostic inspections and reports for wood destroying pests. The examination content and standards must relate to the following: (1) The hazards involved in the use and handling of pesticides, or the use and handling of the pesticide or class of pesticides covered by the individual's certification. (2) The job responsibilities of the individual using pesticides that are covered by the individual's certification. (3) Any relevant information addressed in 40 CFR 171. (c) If required by 40 CFR 171, the state chemist shall require a person certified under this chapter as a commercial applicator or a private applicator to renew the person's certification, under requirements and standards established by the state chemist, to assure that the person maintains a level of competence and ability to use pesticides safely and properly. (d) An individual who is certified and licensed under this chapter must be at least eighteen (18) years of age, as proven by a valid government issued identification or an equivalent form of identification. [Pre-2008 Recodification Citation: 15-3-3.6-5.] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.20; P.L.29-2024, SEC.39.

Ind. Code § 15-16-5-46 Certification and registration requirements; compliance

Sec. 46. A person that applies fertilizer material for hire, transports fertilizer material for hire, or both may not: (1) use or supervise the use of any restricted use pesticide or use a general use pesticide or fertilizer material for hire; or (2) make diagnostic inspections or reports to determine infestations of wood destroying pests; unless the person complies with the certification requirements under this chapter and any other requirements determined by the state chemist to be necessary to prevent unreasonable adverse effects on the environment. [Pre-2008 Recodification Citation: 15-3-3.6-3.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.40; P.L.98-2026, SEC.53.

Ind. Code § 15-16-5-47 Licenses and certificates not transferable

Sec. 47. (a) A license issued under this chapter is not transferable except in the event of disability or death of the licensee. The state chemist may transfer a license to an individual who is a certified applicator by issuing a temporary permit to provide for the operation of the business until the expiration of the permanent license. (b) A certification issued under this chapter is not transferable. [Pre-2008 Recodification Citation: 15-3-3.6-26.] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.21.

Ind. Code § 15-16-5-48 Pesticide business license

Sec. 48. (a) Subject to section 55 of this chapter, a person may not engage in or profess to engage in the business of: (1) using a restricted use pesticide, a general use pesticide, or a fertilizer material; or (2) making diagnostic inspections or reports to determine infestations of wood destroying pests; on the property of another for hire at any time without a pesticide business license issued by the state chemist. The state chemist shall require an annual license fee of forty-five dollars ($45) for each pesticide business license that is issued. (b) A pesticide business license must be obtained for each unique business location or business name from which restricted use pesticide use, general use pesticide use, or fertilizer material use or application is conducted. (c) The application for a license must be on a form provided by the state chemist. Each application must contain information necessary for the administration of this chapter. (d) The state chemist may not issue a pesticide business license until the applicant or an individual in the applicant's hire who uses or supervises the use of a restricted use pesticide or uses a general use pesticide or a fertilizer material for hire on the property of another is certified by passing an examination to demonstrate to the state chemist the applicant's or applicator's knowledge of the: (1) use of pesticides or fertilizer materials under the category for which the applicant or applicator has applied; and (2) nature and effect of pesticides or fertilizer materials the applicant or applicator may apply under the categories. At least one (1) licensed applicator for hire must be associated with each location from which pesticides or fertilizer materials are used for hire. (e) The state chemist may renew any pesticide business license. (f) Subject to subsections (a), (b), (c), and (d) and section 65 of this chapter, if: (1) the state chemist finds the applicant qualified to engage in the business of using pesticides or fertilizer materials or making diagnostic inspections or reports to determine infestations of wood destroying pests on the property of another; (2) the applicant files evidence of financial responsibility required under section 58 of this chapter; and (3) the applicant applying for a license involving aerial application of pesticides has met all of the requirements of: (A) the Federal Aviation Administration; (B) the Indiana department of transportation; and (C) any other applicable federal or state statutes or regulations to operate the equipment described in the application; the state chemist may issue a pesticide business license limited to the categories for which the applicant or an individual in the applicant's hire is qualified. The license expires January 1 of the year following issue unless it has been invalidated, revoked, or suspended earlier by the state chemist. A surety bond or certificate of liability insurance in force or certificate of financial responsibility required under section 58 of this chapter must be maintained and in effect on a continuing basis. (g) The state chemist may limit a license or the operation of a business to the use of certain pesticides or fertilizer materials, to certain areas, or to certain types of equipment if the applicant is only so qualified. (h) If a license is not issued as applied for, the state chemist shall inform the applicant in writing of the reasons the license was not issued. [Pre-2008 Recodification Citation: 15-3-3.6-6.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.75; P.L.91-2020, SEC.22; P.L.29-2024, SEC.41.

Ind. Code § 15-16-5-49 Licensed applicators and pest inspectors; licensed applicator for hire and licensed pest inspector

Sec. 49. (a) Except as provided in subsection (b), a person may not: (1) act as an employee of a licensed pesticide business and use or supervise the use of a restricted use pesticide or use a general use pesticide or fertilizer material for hire on another person's property; or (2) make diagnostic inspections or reports to determine infestations of wood destroying pests on another person's property; without having obtained a license to act as a licensed applicator for hire or a licensed pest inspector from the state chemist. (b) A person who is not a licensed applicator for hire may use a restricted use pesticide under the direct supervision of a licensed applicator (as described in 40 CFR 171.201). A general use pesticide or fertilizer material may be used by a person who is a registered technician. (c) An applicator's license and a pest inspector's license does not relieve the person from the responsibility of obtaining any other license or permit required for the operation or use of any equipment. [Pre-2008 Recodification Citation: 15-3-3.6-7.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.42.

Ind. Code § 15-16-5-50 Licensed applicators not for hire

Sec. 50. (a) Except as provided in subsection (b), a person may not act as a licensed applicator not for hire unless the person has obtained a license from the state chemist. (b) A person who is not a licensed applicator not for hire may use a restricted use pesticide if the person is under the direct supervision of a licensed applicator not for hire. [Pre-2008 Recodification Citation: 15-3-3.6-7.1.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.43.

Ind. Code § 15-16-5-51 Public employees; public applicator

Sec. 51. (a) All state agencies, municipal corporations, and other governmental agencies are subject to this chapter and rules adopted under this chapter concerning the application of restricted use pesticides. (b) Except as provided in subsection (c), a person may not act as a licensed public applicator unless the person has obtained a license from the state chemist. (c) A person who is not a licensed public applicator may use a restricted use pesticide if the person is under the direct supervision of a licensed public applicator. (d) The public applicator's license is valid only when the applicator is using or supervising the use of restricted use pesticides by public agencies. Government research personnel are not exempt from the licensing requirement when using restricted use pesticides. [Pre-2008 Recodification Citation: 15-3-3.6-8.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.44.

Ind. Code § 15-16-5-52 Applications for licensure; denials; expiration; renewal

Sec. 52. (a) A person applying for a license described under section 49, 50, or 51 of this chapter must: (1) submit an application to the state chemist on a form provided by the state chemist; (2) pass the appropriate examination provided under section 45 of this chapter; (3) except for a person who is: (A) applying for a licensed public applicator's license; or (B) an employee of a nonprofit organization; submit a fee of forty-five dollars ($45) to the state chemist; and (4) if the person will engage in the aerial application of pesticides, submit proof to the state chemist that the person has satisfied aerial application requirements under applicable state and federal laws. (b) Subject to section 65 of this chapter, if a person meets the requirements under subsection (a), the state chemist shall issue the appropriate license to the person. (c) If the state chemist does not issue a license to a person who applied for a license described under subsection (a), the state chemist shall inform the person in writing of the reason the license was not issued. (d) A person who has been issued a license under subsection (b): (1) shall notify the state chemist in writing within ten (10) days after a change in or termination of the person's employment as a licensed applicator for hire, a licensed applicator not for hire, or a licensed public applicator; and (2) may apply to the state chemist to transfer or amend the person's license by submitting an updated application form described under subsection (a)(1). (e) A license issued under subsection (b): (1) expires January 1 of each year; and (2) subject to section 65 of this chapter, may be renewed by the person holding the license if the person: (A) submits a renewal application on a form provided by the state chemist; and (B) except for a person renewing a licensed public applicator's license or an employee of a nonprofit organization, pays a forty-five dollar ($45) renewal fee; before January 1. [Pre-2008 Recodification Citation: 15-3-3.6-8.1.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.76; P.L.99-2012, SEC.15.

Ind. Code § 15-16-5-53 Repealed

[Pre-2008 Recodification Citation: 15-3-3.6-8.3.] As added by P.L.2-2008, SEC.7. Repealed by P.L.99-2012, SEC.16.

Ind. Code § 15-16-5-54 Private applicator; certification

Sec. 54. (a) A private applicator may not be issued a permit to use a restricted use pesticide without first complying with the certification requirements, including passing an examination, determined by the state chemist necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons. (b) Certification standards to determine a person's competency with respect to the use and handling of the pesticide or class of pesticides that the private applicator is to be certified to use must be relative to hazards as described in section 45 of this chapter. In determining these standards, the state chemist shall observe those standards for private applicator certification provided by the United States Environmental Protection Agency. (c) A fee of twenty dollars ($20) must be paid to the state chemist by each person applying for a certification as a private applicator under this section. (d) If the state chemist does not certify the private applicator under this section, the state chemist shall inform the applicant of the reasons the applicant was not certified and return the applicant's application fee. (e) As required by 40 CFR 171, the state chemist may require additional knowledge to ensure that applicators continue to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly. [Pre-2008 Recodification Citation: 15-3-3.6-9.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.45.

Ind. Code § 15-16-5-55 Exemptions from licenses

Sec. 55. Section 48 of this chapter relating to pesticide business licenses and requirements for their issuance does not apply to the following: (1) A farmer who applies pesticides for the farmer's own use or with ground equipment or manually for the farmer's neighbors if: (A) the farmer operates farm property and operates and maintains pesticide application equipment primarily for the farmer's own use; (B) the farmer is not engaged in the business of applying pesticides for hire and the farmer does not publicly profess to be a pesticide business; (C) the farmer operates the farmer's pesticide application equipment only in the vicinity of the farmer's own property and for the accommodation of the farmer's neighbors without any compensation; and (D) the farmer is certified as a private applicator if the farmer uses restricted use pesticides. (2) A veterinarian who uses pesticides as an incidental part of the veterinarian's practice, if the veterinarian is not regularly engaged in or does not profess to be engaged in the business of using pesticides for hire. (3) Research personnel applying general use pesticides only to bona fide experimental plots. (4) A person who uses general use pesticides for purposes of disinfecting or sanitizing. [Pre-2008 Recodification Citation: 15-3-3.6-10.] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.23; P.L.29-2024, SEC.46.

Ind. Code § 15-16-5-56 Registration of registered technicians

Sec. 56. (a) The state chemist shall establish and administer a program to register individuals as registered technicians. (b) An individual who is a registered technician is authorized to use general use pesticides or fertilizer materials for hire if the individual is employed by a business that is licensed under section 48 of this chapter. (c) An individual applying to be a registered technician must do the following: (1) Meet one (1) of the following requirements: (A) Pass the commercial applicator core examination described in 355 IAC 4-1-2.1. (B) Complete an initial applicator core training program that has been developed and delivered by Purdue pesticide programs. (C) Complete a registered technician initial training program that has been developed and delivered by Purdue pesticide programs. (D) Complete an online self-study registered technician initial training program that has been developed by Purdue pesticide programs or a vendor approved by the state chemist. (2) Submit a completed application to the state chemist on a form provided by the state chemist. (3) Submit a nonrefundable application fee of forty-five dollars ($45) to the state chemist. (d) Subject to section 65 of this chapter, the state chemist shall issue the appropriate technician registration to an individual who meets the requirements under subsection (c). (e) Until the state chemist issues the appropriate technician registration under subsection (d), an individual who meets one (1) of the requirements under subsection (c)(1) may immediately begin to work as a registered technician for a licensed pesticide business if the individual sends an electronic mail message to the state chemist stating the following: (1) The name of the licensed pesticide business. (2) The name of the individual. (3) A statement from the individual verifying that the individual meets one (1) of the requirements under subsection (c)(1). (4) A statement that the individual will submit the individual's application and the application fee required under this section to the state chemist not more than five (5) business days after sending the electronic mail message. (f) If the state chemist does not issue a technician registration to an individual who applied for a technician registration, the state chemist shall inform the individual in writing of the reason the registration was not issued. (g) An individual's registration eligibility remains in force from the date of passing the examination or attending the initial training described in subsection (c) through December 31 of the fourth year, unless the registration is revoked or suspended for cause. (h) The registration eligibility period may be extended for an additional five (5) years if the registered technician accumulates at least eight (8) continuing registration credits by attending at least two (2) state chemist approved continuing registration programs while the individual's registration is in force. The individual's registration may be extended indefinitely by complying with the requirements of this subsection. (i) A registered technician's registration expires on December 31 of each year, unless renewed by payment of the renewal application fee, postmarked by December 31. To renew after December 31 the individual must include a penalty fee, as established by section 60 of this chapter, in addition to the renewal application fee. [Pre-2008 Recodification Citation: 15-3-3.6-10.1.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.47.

Ind. Code § 15-16-5-57 Restricted use pesticide dealer; registration; fees; exemptions; records

Sec. 57. (a) Each person who is a restricted use pesticide dealer shall register with the state chemist. Registration shall be required for each business location distributing restricted use pesticides and shall be accomplished on a form to be provided by the state chemist. A registration expires January 1 following issuance unless the registration is renewed annually. A registration fee of forty-five dollars ($45) must accompany the application. (b) This section does not apply to: (1) a licensed pesticide business that sells pesticides only as an integral part of its pesticide application service when the pesticides are dispensed only through equipment used for this pesticide application; (2) any federal, state, county, or municipal agency that provides pesticides only for its own programs; or (3) any person who is the final purchaser of a pesticide for application to property or property rights owned, leased, or acquired by the person. (c) Each registered pesticide dealer is responsible for the acts of each person employed by the dealer in the solicitation and sale of restricted use pesticides and all claims and recommendations for use of pesticides. The dealer's registration is subject to sections 65 and 66 of this chapter for any violation of this chapter whether committed by the dealer or by the dealer's officer, agent, or employee. (d) As required by 40 CFR 171, a registered pesticide dealer must keep and maintain a record for each transaction involving the distribution of a restricted use pesticide to a certified end user for at least two (2) years from the date of distribution. The records must include the following: (1) Name of the certified applicator for whom the purchase or distribution is being made. (2) Certification, license, or permit number of the certified applicator. (3) Except for a certification from the state chemist, the state, tribe, or federal agency that issued the certification. (4) Certification, license, or permit expiration date of the certified applicator. (5) Certification, license, or permit categories of the certified applicator. (6) Address of the certified applicator or application business that employs the certified applicator. (7) Date of distribution. (8) Brand name of the pesticide product. (9) United States Environmental Protection Agency registration number of the pesticide product. (10) Amount of pesticide product distributed. (11) Any applicable emergency exemption or state special local need registration number. (12) Signature or verifiable confirmation of the person presenting the certification credentials, ordering, or taking delivery of the pesticide product. [Pre-2008 Recodification Citation: 15-3-3.6-12.] As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.48.

Ind. Code § 15-16-5-58 Pesticide business license and pest inspector license; financial responsibility

Sec. 58. (a) The state chemist may not issue a pesticide business license or a pest inspector license until the applicant for the license has furnished a surety bond, a certificate of liability insurance in force, or a certificate of financial responsibility to protect persons who may suffer legal damages as a result of the pesticide operations or pest inspections of the applicant. If the surety bond, liability insurance, or financial responsibility is not maintained at all times during the licensing period, the pesticide business license, pest inspector license, and any associated commercial applicator licenses and technician registrations are invalid. The applicant may not engage in or profess to be engaged in the business of using pesticides or pest inspection until the financial responsibility is in compliance and the applicant's license is reinstated by the state chemist. (b) This chapter does not relieve any person from liability for any damage to the person or property of another caused by the use of pesticides even though the use conforms to the rules adopted under this chapter. [Pre-2008 Recodification Citation: 15-3-3.6-13.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.77.

Ind. Code § 15-16-5-58.5 Liability for general use pesticides

Sec. 58.5. This chapter does not relieve any person from liability for any damage to the person or property of another person caused by the use of general use pesticides. As added by P.L.29-2024, SEC.49.

Ind. Code § 15-16-5-59 Maintenance of records

Sec. 59. (a) As required in 40 CFR 171, commercial applicators and private applicators shall maintain records concerning the application of restricted use pesticides. (b) Records required under this section must be kept for two (2) years after the date of the application of the restricted use pesticide. (c) As required in 40 CFR 171, records required to be maintained under this section include the following: (1) Name of the customer, property owner, or custodian of the site of application. (2) Address, geographic coordinates, or general location description of the site of application. (3) Name of the person making the application. (4) Name of the commercial or private applicator responsible for the application, if different from the name in subdivision (3). (5) License number of the commercial or private applicator responsible for the application. (6) Date of application. (7) Start and stop times of the application. (8) Description of the plants, crop, animals, commodities, stored products, or sites treated. (9) Principal pests to be controlled. (10) Specific acreage, area, parts of a structure, parts of a property, or number of plants or animals treated, or other appropriate description. (11) Each brand name of each pesticide product applied. (12) United States Environmental Protection Agency registration number of each pesticide product applied. (13) Amount of each pesticide product used, expressed as either total quantity or volume of the: (A) packaged product; or (B) diluted mixture and active ingredient concentration (percentage). (d) The state chemist shall be provided access to the records required to be maintained under this section. [Pre-2008 Recodification Citation: 15-3-3.6-19.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.78; P.L.91-2020, SEC.24; P.L.29-2024, SEC.50.

Ind. Code § 15-16-5-60 Late fees

Sec. 60. A person who: (1) is required to pay a fee under this chapter to the state chemist; and (2) does not pay the fee before 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 when the person pays the required fee. [Pre-2008 Recodification Citation: 15-3-3.6-12.1.] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-61 Disposition of fees

Sec. 61. (a) All fees collected by the state chemist under this chapter shall be paid to Purdue University and deposited in a special restricted account designated by the treasurer of the board of trustees of Purdue University. (b) From the account described in subsection (a), the treasurer shall pay from the special restricted account the expenses incurred in administering this chapter, including expenses for the following: (1) The employment of: (A) inspectors; (B) investigators; (C) researchers; (D) analysts; (E) administrators; and (F) clerical and service staff. (2) Conducting and reporting inspections and investigations. (3) Purchasing supplies and services. (4) Providing necessary facilities and remodeling. (5) Any other expense of the office of the state chemist. The treasurer is not required to use any other funds, except those collected under this chapter, to defray any expenses incurred in the administration of this chapter. (c) The dean of agriculture of Purdue University shall make an annual financial report to the: (1) governor; (2) legislative council; and (3) budget committee; showing total receipts and expenditures of all fees received under this chapter. The budget committee shall review this report annually. (d) Fee revenue remaining in the account described in subsection (a) after payment of the expenses described in subsection (b) is subject to IC 15-16-2-36. [Pre-2008 Recodification Citation: 15-3-3.6-11.] As added by P.L.2-2008, SEC.7. Amended by P.L.141-2018, SEC.2; P.L.29-2024, SEC.51.

Ind. Code § 15-16-5-62 Pesticide accident reporting and claims

Sec. 62. (a) The state chemist may adopt rules to require the reporting of significant pesticide accidents or incidents. (b) Any person: (1) claiming damages from a pesticide accident or incident; and (2) requesting an investigation of those damages by the state chemist; must file a report with the state chemist. If a growing crop is alleged to have been damaged, the report must be filed before twenty-five percent (25%) of the crop has been harvested. [Pre-2008 Recodification Citation: 15-3-3.6-20.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.79.

Ind. Code § 15-16-5-63 Agreements with other agencies; enforcement responsibility

Sec. 63. (a) The state chemist may cooperate with, and enter into agreements with, any other agency of the state, any federal agency, or any other state agency or nongovernmental organization to carry out this chapter to: (1) secure uniformity of rules; (2) cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs; (3) develop and administer state plans for certification of applicators consistent with federal standards; (4) contract or cooperate with agencies or organizations for the purpose of training applicators; (5) contract for monitoring pesticides; (6) prepare and submit state plans to meet federal certification standards; (7) administer and enforce requirements under this chapter; and (8) make reports to the United States Environmental Protection Agency as the agency requires. (b) In accordance with 7 U.S.C. 136w-1, the state chemist shall have primary enforcement responsibility for pesticide use violations for any period for which: (1) the United States Environmental Protection Agency determines that the state of Indiana: (A) has adopted adequate pesticide use laws and rules; (B) has adopted and is implementing adequate procedures for the enforcement of the pesticide laws and rules; and (C) will keep records and make reports showing compliance with clauses (A) and (B); and (2) the state chemist: (A) enters into a cooperative agreement with the United States Environmental Protection Agency; and (B) has a plan for the certification of pesticide applicators that has been approved by the United States Environmental Protection Agency. [Pre-2008 Recodification Citation: 15-3-3.6-21.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.80; P.L.29-2024, SEC.52.

Ind. Code § 15-16-5-64 Injury or pollution; rules

Sec. 64. (a) A person may not produce, transport, store, handle, or dispose of any pesticide product or pesticide product containers in a manner that may: (1) cause injury to: (A) humans; (B) beneficial vegetation; (C) crops; (D) livestock; (E) wildlife; or (F) beneficial insects; or (2) pollute any waterway in a way harmful to any wildlife in a waterway. (b) The board may adopt rules governing the production, transportation, storage, handling, and disposal of pesticide products or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency. (c) Except for pesticides labeled for use in the treatment of drinking water, pesticide storage, mixing, and loading is prohibited within the isolation area of a wellhead protection area zone. Application of pesticides within the isolation area is permitted unless prohibited by the pesticide label. (d) A pesticide storage container located within the wellhead protection area zone and outside of the isolation area must be stored: (1) on an impervious surface designed to contain a discharge of the entire contents of the largest storage container plus the volume displaced by all the other items within the contained area; and (2) in an area protected from precipitation. (e) A pesticide spill or discharge within the wellhead protection area zone must be cleaned up immediately upon discovery and in a manner that prevents the pesticide from threatening waters of the state, dry wells, storm sewers, sanitary sewers, or septic systems. (f) A person may not open burn a pesticide container in a manner that allows air contaminants resulting from combustion to be emitted directly into the air without passing through a stack or chimney from an enclosed chamber, as allowed under 326 IAC 4-1. [Pre-2008 Recodification Citation: 15-3-3.6-24.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.81; P.L.99-2012, SEC.17; P.L.29-2024, SEC.53.

Ind. Code § 15-16-5-64.5 Pesticide application on school property

Sec. 64.5. (a) Except as provided in subsections (b) and (d), a pesticide may not be applied on school property during: (1) regular school hours; or (2) a before school or after school program that is located on school property. (b) A pesticide may be applied on school property during periods specified in subsection (a) if applied to: (1) control an observed pest that poses an immediate health threat situation to the students present; or (2) an area outside of and not immediately adjacent to student occupied buildings. (c) Except as provided in subsection (d), a school may not allow students to enter an area of school property that has been subject to a pesticide application until the longer of the following time periods has elapsed: (1) The minimum reentry time specified on the pesticide label. (2) Four (4) hours. (d) A rodenticide bait may be applied in areas that are inaccessible to students. (e) A pesticide stored on school property must be in: (1) the original pesticide container or a clearly labeled service container; (2) a locked area or cabinet clearly marked as pesticide storage; and (3) an area separated by a solid wall from areas where: (A) food is stored; (B) food is served; or (C) students have access. As added by P.L.29-2024, SEC.54.

Ind. Code § 15-16-5-64.7 Pesticide notification registry

Sec. 64.7. (a) A school must send a notification to the parents and guardians of a student and the staff at the school that they may be added to a pesticide notification registry: (1) at the start of each school year; or (2) during the school year when a student: (A) enrolls in; or (B) transfers to; the school. (b) An individual may request to be added to the registry at any time during the school year. (c) Except as provided in subsection (e), a school must, by whatever means the school determines to be appropriate, provide individuals on the registry with a pesticide notice. (d) The pesticide notice must include the following: (1) The name or address of the school. (2) The licensed commercial applicator responsible for the application, including the applicator's: (A) name; (B) license number; and (C) telephone number. (3) The designee for information about the pesticide application if different than the applicator. (4) The anticipated date and time of the application. (5) The principal target pest. (6) A description of the application area. (7) Each pesticide to be applied, including the following: (A) The name of the manufacturer. (B) The United States Environmental Protection Agency registration number. (C) The brand name. (8) If forty-eight (48) hours advance notice is not provided, an explanation of why it was not provided. (e) The pesticide notice must be provided at least forty-eight (48) hours in advance of a pesticide application on school property. However, a pesticide notice is not required for a pesticide application: (1) made more than forty-eight (48) hours before a scheduled school day; or (2) described in section 64.5(b) of this chapter. As added by P.L.29-2024, SEC.55.

Ind. Code § 15-16-5-65 Penalty actions for violations

Sec. 65. Subject to section 66 of this chapter, the state chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil penalty on a person for a violation under this chapter. The state chemist may also deny, suspend, revoke, or modify any provision of any license, permit, registration, or certification issued under this chapter if the state chemist finds that the applicant or the holder of a license, permit, registration, or certification has been issued a final civil order imposed under 7 U.S.C. 136l(a), has a criminal conviction under 7 U.S.C. 136l(b), or has committed any of the following acts, each of which is a violation of this chapter: (1) Made false or fraudulent claims either verbally or through any media misrepresenting the effect of pesticide products or methods to be used. (2) Recommended, used, or supervised the use of any registered pesticide product in a manner inconsistent with its labeling approved by the United States Environmental Protection Agency or Indiana state registration for that pesticide, or in violation of the United States Environmental Protection Agency or Indiana state restrictions on the use of that pesticide product. (3) Used known ineffective or improper pesticide products or known ineffective amounts of pesticides. (4) Operated faulty or unsafe equipment. (5) Operated in a careless or negligent manner. (6) Neglected or, after notice, refused to comply with this chapter, the rules adopted under this chapter, or of any lawful order of the state chemist or the board. (7) Refused or neglected to: (A) keep and maintain the records required by this chapter; or (B) make reports and supply information when required or requested by the state chemist in the course of an investigation or inspection. (8) Made false or fraudulent records, invoices, or reports. (9) Engaged in or professed to be engaged in the business of: (A) using a pesticide or any other product regulated under this chapter or by rules adopted under this chapter; or (B) making a diagnostic inspection to determine infestations of a wood destroying pest; for hire on the property of another without having a business license issued by the state chemist. (10) Used or supervised the use of a pesticide product that is required to be used under this chapter by a person who is certified, licensed, or permitted without having a person who is certified, licensed, or permitted under this chapter conducting the use. (11) Used fraud or misrepresentation in the qualification or application for, or renewal of, a license, permit, registration, or certification. (12) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, registration, or certification. (13) Aided or abetted a person to evade this chapter, conspired with a person to evade this chapter, or allowed a license, permit, registration, or certification to be used by another person. (14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests. (15) Impersonated any federal, state, county, or city inspector, investigator, or official. (16) Knowingly purchased or used a pesticide product that was not registered under IC 15-16-4. (17) Failed to continuously maintain financial responsibility required under section 58 of this chapter or to provide proof of financial responsibility to the state chemist when requested. (18) Intentionally altered a duly issued license, permit, registration, or certification. (19) Recklessly, knowingly, or intentionally impeded or prevented the state chemist or the state chemist's agent from performing a duty of the state chemist. (20) Applied a pesticide in a manner that allowed it to drift from the target site in a sufficient quantity to cause an adverse effect to a nontarget site. (21) Distributed a restricted use pesticide without having a pesticide dealer registration issued by the state chemist. (22) Distributed a restricted use pesticide to a noncertified end user of the pesticide. (23) Stored or disposed of a pesticide in a manner inconsistent with the requirements established by the United States Environmental Protection Agency or this chapter. (24) Failed to perform the notification requirements for a pesticide application in a school. [Pre-2008 Recodification Citation: 15-3-3.6-14.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.82; P.L.99-2012, SEC.18; P.L.91-2020, SEC.25; P.L.29-2024, SEC.56.

Ind. Code § 15-16-5-66 Violations; civil penalties; disposition of penalties

Sec. 66. (a) The state chemist may impose civil penalties under this section only in accordance with subsections (b) through (d). However, this section does not require the state chemist to impose a civil penalty on a person for any violation of this chapter or a rule adopted under this chapter. (b) Except for a violation described in subsection (c) or (d), the state chemist may impose a civil penalty not exceeding two hundred fifty dollars ($250) for a violation of this chapter or any rule adopted under this chapter. A civil penalty imposed under this subsection shall be adjusted for mitigating actions described in subsection (e). A civil penalty under this subsection may not be imposed unless a warning for a violation has previously been issued to the person for the same violation within the previous five (5) years. (c) Subject to adjustment under subsection (e) for mitigating actions, the state chemist may impose a civil penalty not exceeding five hundred dollars ($500) if the state chemist finds that a person has done any of the following: (1) After written notice, neglected to: (A) keep and maintain records; or (B) make reports and supply information when required or requested by the state chemist in the course of an investigation or inspection; as described in section 65(7) of this chapter. (2) Committed an act described in section 65(8) of this chapter. (3) Unknowingly committed an act described in section 65(9) or 65(10) of this chapter. (4) After written notice, neglected to comply with any limitations or restrictions on or in a duly issued license, permit, registration, or certification as described in section 65(12) of this chapter. (5) Committed an act described in section 65(14) or 65(16) of this chapter. (6) Recommended, used, or supervised the use of a general use pesticide product in a manner inconsistent with its labeling and resulting in an adverse effect. (7) Recommended, used, or supervised the use of a restricted use pesticide product in a manner inconsistent with its labeling and resulting in no adverse effect. (8) Applied a general use pesticide in a manner that allows it to drift from the target site in a sufficient quantity to cause an adverse effect to a nontarget site. (9) Stored or dispensed a general use pesticide in a manner inconsistent with the requirements in 40 CFR 165, Subpart E. (d) The state chemist may impose a civil penalty of one thousand dollars ($1,000) if the state chemist finds that a person has done any of the following: (1) Stored or dispensed a pesticide in a manner inconsistent with the requirements in 40 CFR 165, Subpart E, or as described in section 64(a) of this chapter. (2) Committed an act described in section 65(5) of this chapter. (3) After notice, refused to comply with this chapter, the rules adopted under this chapter, or any lawful order of the state chemist or the board as described in section 65(6) of this chapter. (4) Refused to: (A) keep and maintain records; or (B) make reports and supply information when required or requested by the state chemist in the course of an investigation or inspection; as described in section 65(7) of this chapter. (5) Intentionally committed an act described in section 65(8) of this chapter. (6) Knowingly committed an act described in section 65(9) or 65(10) of this chapter. (7) Committed an act described in section 65(11) of this chapter. (8) Refused to comply with any limitations or restrictions on or in a duly issued license, permit, registration, or certification as described in section 65(12) of this chapter; (9) Committed an act described in section 65(13), 65(15), 65(18), or 65(19) of this chapter. (10) Recommended, used, or supervised the use of a restricted use pesticide product in a manner inconsistent with its labeling and resulting in an adverse effect. (11) Applied a restricted use pesticide in a manner that allows it to drift from the target site in a sufficient quantity to cause an adverse effect to a nontarget site. (12) Distributed a restricted use pesticide without having a pesticide dealer registration issued by the state chemist, as described in section 65(21) of this chapter. (13) Distributed a restricted use pesticide to a noncertified end user of the pesticide, as described in section 65(22) of this chapter. (e) The state chemist may not adjust the amount of the civil penalty for a violation listed in subsection (d). The state chemist may reduce the amount of the civil penalty for a violation listed in subsection (b) or (c) if the state chemist finds that the person responsible for the violation has taken any of the following mitigating actions: (1) Cooperated with the state chemist during the investigation or inspection process. (2) Took corrective action to prevent future similar violations. (3) Compensated a victim for any adverse effects that resulted from the violation. The state chemist may reduce the amount of the civil penalty by twenty percent (20%) for each mitigating action taken by the person responsible for the violation. (f) A proceeding under IC 4-21.5-3 that involves a civil penalty may be consolidated with any other proceeding commenced under IC 4-21.5 to enforce this chapter or the rules adopted under this chapter. (g) The state chemist shall limit the imposition of a civil penalty in a proceeding involving multiple counts of repeated incidents of the same violation to five (5) counts. (h) Any findings related to a violation of this chapter or rules adopted under this chapter must be disclosed to the alleged violator before a: (1) final determination is made; and (2) penalty is assessed. (i) Unless the state chemist has evidence of wrongdoing by the licensed pesticide business, any warnings, citations, or civil penalties regarding a pesticide use in violation of this chapter must be directed at: (1) the employee who committed the violation; or (2) the person who was responsible for the supervision of the employee who committed the violation. (j) Money collected for civil penalties imposed under section 65 of this chapter shall be credited to the office of Purdue pesticide programs. The money may be used only to provide education about pesticides. [Pre-2008 Recodification Citation: 15-3-3.6-14.5.] As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.26; P.L.76-2021, SEC.4; P.L.29-2024, SEC.57.

Ind. Code § 15-16-5-67 Review of state chemist actions; hearing

Sec. 67. (a) A person who is: (1) subject to an action under section 65, 66, or 70 of this chapter; and (2) aggrieved by any decision by the state chemist; may obtain a review by the board, if the person files a written petition with the board not later than thirty (30) days after the state chemist's decision. (b) The board shall provide a copy of a petition filed under subsection (a) to the state chemist not later than seven (7) days after receiving the petition. (c) Not more than fifteen (15) days after receiving a petition under subsection (b), the state chemist shall certify and file with the board a transcript of any record related to the petition, including a transcript of any evidence received. (d) Whenever a hearing is held under this section, the board may designate one (1) or more persons as the board's agent or representative to conduct the hearing. The agent or representative shall conduct the hearing in the manner provided by IC 4-21.5-3. (e) After hearing the appeal, the board shall affirm, set aside, or modify the action of the state chemist. However, the state chemist's finding of facts that are supported by the substantial evidence is considered conclusive. (f) A person aggrieved by any action of the board may obtain judicial review under IC 4-21.5-5. [Pre-2008 Recodification Citation: 15-3-3.6-15.] As added by P.L.2-2008, SEC.7. Amended by P.L.109-2015, SEC.38.

Ind. Code § 15-16-5-68 Subpoenas

Sec. 68. 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, registration, or permit issued under this chapter. [Pre-2008 Recodification Citation: 15-3-3.6-17.] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-69 Inspections; search warrant; prosecution; injunction

Sec. 69. (a) The state chemist may enter upon any public or private property at reasonable times to do the following: (1) Observe the use and application of a pesticide product. (2) Inspect equipment subject to this chapter. (3) Inspect and sample property actually or reported to be exposed to pesticide products. (4) Inspect storage or disposal areas. (5) If the state chemist or the state chemist's agent has reasonable suspicion of a violation of this chapter by a person who distributes or uses a pesticide product, inspect or investigate complaints of injury to humans or property. (6) Sample pesticide products being produced, distributed, transported, stored, disposed, or used or to be used. (7) Inspect, copy, and receive copies of pesticide product production, sale, distribution, purchase, use, storage, and disposal records, including confidential business information. However, the person who retains the records may defer access to the records by the state chemist or the state chemist's agent if access is granted by the person not more than ten (10) days after the initial request for records. Confidential business information obtained under this subdivision is confidential for purposes of IC 5-14-3-4(a). (b) The state chemist may, upon showing a need, apply to any court with jurisdiction for a search warrant authorizing access to the property. The court may, after receiving the application and finding a need, issue the search warrant for the purposes requested. (c) A prosecuting attorney to whom a violation of this chapter is reported may institute and prosecute the violation in a court with jurisdiction of that county without delay. The state chemist may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction may be issued without bond. [Pre-2008 Recodification Citation: 15-3-3.6-18.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.83; P.L.99-2012, SEC.19; P.L.29-2024, SEC.58.

Ind. Code § 15-16-5-70 Violations; penalty; injunction

Sec. 70. (a) A person who recklessly, knowingly, or intentionally: (1) violates this chapter, except as provided in subsection (b); or (2) impedes or prevents the state chemist or the state chemist's agent from performing a duty of the state chemist; commits a Class C misdemeanor. (b) A person who recklessly, knowingly, or intentionally violates section 65(9) of this chapter after the state chemist has issued written notification to that person regarding a previous violation of section 65(9) of this chapter commits a Class A misdemeanor. (c) The state chemist may bring an action to enjoin the violation or threatened violation of this chapter or a rule under this chapter. A court may not allow the recovery of damages for an administrative action taken under this subsection if the court finds that there was probable cause for the action. [Pre-2008 Recodification Citation: 15-3-3.6-16.] As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.84.

Ind. Code § 15-16-5-71 Political subdivision regulation of pesticides prohibited; hearing; variance

Sec. 71. (a) A political subdivision (as defined in IC 36-1-2-13) does not have authority to regulate by ordinance the use or application of pesticides. (b) A political subdivision may, by resolution, petition the board for a hearing to allow a variance from a rule of the board because of special circumstances relating to the use or application of a pesticide. If a petition is received, the board shall hold a public hearing to consider allowing the variance requested. The public hearing shall be conducted in an informal manner. IC 4-21.5 does not apply to the public hearing under this section. (c) The board may grant a variance requested under this section with or without changes. [Pre-2008 Recodification Citation: 15-3-3.6-27.] As added by P.L.2-2008, SEC.7.

Ind. Code § 15-16-5-72 Restrictions on rules governing pesticides; exceptions

Sec. 72. (a) Except as provided in IC 4-22-2.3-9, a rule adopted under this chapter that becomes effective after June 30, 2023, may not impose a restriction or requirement concerning pesticides more stringent than a restriction or requirement imposed under federal law unless the restriction or requirement is specifically authorized by Indiana law. (b) Restrictions or requirements specifically authorized to be more stringent than a restriction or requirement imposed under federal law include the following: (1) Commercial termite control applicators (category 7b) must complete a practical hands-on training program to become certified. (2) Commercial applicators must have access to the pesticide label when applying pesticides. (3) Commercial for hire general use pesticide application businesses are required to show proof of having minimum liability insurance coverage. (4) Commercial for hire general use pesticide applicators (category 7b) must disclose to customers any omissions from label required termite control applications. (5) Commercial applicators and school employees applying general use pesticides at schools: (A) may not apply when students are present; (B) must notify students, parents, and staff of planned and conducted applications; (C) must store pesticides safely; (D) must keep students and staff out of treated areas until spray has dried; and (E) may only apply rodenticide baits in areas inaccessible to students. (6) Commercial and private applicators must store and contain general use pesticide portable refillable containers (minibulks) safely to prevent releases to the environment. (7) Commercial and private applicators may not store, mix, or load general use pesticides within two hundred (200) feet of a community public drinking water well. (8) Commercial and private applicators must store general use pesticide containers on impervious surfaces within a wellhead protection area zone. (9) Commercial and private applicators must clean up general use pesticide spills within a wellhead protection area immediately upon discovery. (10) Commercial and private applicators may not open burn general use pesticide containers. As added by P.L.249-2023, SEC.78.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/15Fetched: 10/17/2026

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