Sec. 52.5. (a) Neither the board nor the state chemist may by rule or otherwise impose a requirement or limitation on the storage, distribution, use, application, or record keeping of a general use pesticide by:

(1) a certified applicator;

Terms Used In Indiana Code 15-16-4-52.5

  • board: means the Indiana pesticide review board established by section 42 of this chapter. See Indiana Code 15-16-4-6
  • general use pesticide: means a pesticide that is not a restricted use pesticide. See Indiana Code 15-16-4-15.5
  • pesticide: means :

    Indiana Code 15-16-4-30

  • pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-4-33
  • restricted use pesticide: means the following:

    Indiana Code 15-16-4-37

(2) a commercial applicator;

(3) a licensed applicator for hire;

(4) a licensed applicator not for hire;

(5) a licensed pesticide business;

(6) a licensed public applicator; or

(7) a private applicator;

that is more stringent than the requirements and limitations applicable under federal law, federal regulations, or Indiana statutory law to the general use pesticide or a pesticide product containing a general use pesticide and no restricted use pesticide.

     (b) A rule or other requirement or limitation of the board in effect on June 30, 2023, that does not comply with this section is voided on July 1, 2023, to the extent it conflicts with this section.

As added by P.L.249-2023, SEC.76.

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