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 […]
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 […]
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 […]
15-16-5-49. Licensed Applicators and Pest Inspectors; Licensed Applicator for Hire and Licensed Pest Inspector
Sec. 49. A person may not: (1) act as an employee of a licensed pesticide business and use or supervise the use of a pesticide 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 […]
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 […]
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 pesticide if the person is under the direct […]
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 […]
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 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 […]
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 […]
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: […]