Sec. 59. (a) As required in 40 C.F.R. § part 171, commercial applicators and private applicators shall maintain records concerning the application of restricted use pesticides.

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Terms Used In Indiana Code 15-16-5-59

  • 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

  • pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-5-28
  • 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
  • property: means all:

    Indiana Code 15-16-5-31

  • 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
     (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 C.F.R. § part 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.