Sec. 64. (a) The state chemist may require the submission of the complete formula of any pesticide product, including:

(1) the confidential statement of formula;

Terms Used In Indiana Code 15-16-4-64

  • labeling: means all labels and other written, printed, or graphic matter:

    Indiana Code 15-16-4-24

  • person: means :

    Indiana Code 15-16-4-28

  • pesticide: means :

    Indiana Code 15-16-4-30

  • pesticide formulation: means a pesticide product comprised of all active ingredients and inert ingredients. See Indiana Code 15-16-4-32
  • pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-4-33
  • registrant: means a person who registers a pesticide product under this chapter. See Indiana Code 15-16-4-36
(2) the analytical methods for the analysis of the pesticide formulation and the analysis of residues of the pesticide product in environmental media;

(3) the analytical standards of the pesticide product;

(4) the safety data sheet;

(5) the physical sample of the pesticide product; and

(6) a statement of all claims to be made for the pesticide product, including a full description of the tests made and the results of the tests upon which the claims are based.

In the case of a federally registered product, this requirement may be waived.

     (b) The state chemist shall register a pesticide product if:

(1) the state chemist determines that the composition of the pesticide product warrants the proposed claims for the pesticide product;

(2) the pesticide product, its labeling, and other material required to be submitted comply with the requirements of section 61 of this chapter; and

(3) the state chemist determines that the person submitting the application for registration has complied with the requirements of this chapter, including satisfying all outstanding judgments resulting from a violation of this chapter, after any action has been finalized under section 64.5 of this chapter.

     (c) The state chemist shall notify the applicant that the pesticide product, labeling, or other material required to be submitted fails to comply with the law if the state chemist determines:

(1) that the proposed claims for the pesticide product; or

(2) the pesticide product, its labeling, and other material required to be submitted;

does not comply with this chapter, including satisfying all outstanding judgments resulting from a violation of this chapter, after any action has been finalized under section 64.5 of this chapter.

     (d) If the state chemist notifies an applicant under subsection (c), the state chemist shall give the applicant an opportunity to make the necessary corrections. If upon receipt of notice, the applicant does not make the corrections, the state chemist may refuse to register the pesticide product.

     (e) The state chemist, in accordance with the procedures specified in this section, may deny, suspend, or cancel the registration of a pesticide whenever the state chemist determines that:

(1) the pesticide product;

(2) the pesticide product’s labeling; or

(3) the person submitting the application for registration of the pesticide product;

does not comply with this chapter, including satisfying all outstanding judgments resulting from a violation of this chapter, after any action has been finalized under section 64.5 of this chapter.

     (f) If:

(1) an application for registration is refused; or

(2) the state chemist proposes to deny, suspend, or cancel a registration;

notice of the action and information concerning the person’s right to obtain a review under section 64.5 of this chapter must be given to the applicant or registrant.

[Pre-2008 Recodification Citation: 15-3-3.5-7.]

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.69; P.L.91-2020, SEC.10.

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