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.
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Terms Used In Indiana Code 15-16-5-54
- 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. See Indiana Code 15-16-5-12
- 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. See Indiana Code 15-16-5-22
- person: means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. See Indiana Code 15-16-5-23
- pesticide: means :
Indiana Code 15-16-5-25
- 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. See Indiana Code 15-16-5-30
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- use: means an act of handling, releasing, or exposing individuals or the environment to a pesticide. See Indiana Code 15-16-5-36
(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 C.F.R. § part 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.
