Sec. 70. (a) The examination of pesticide products shall be made under the direction of the state chemist to determine whether the pesticide products comply with this chapter.

     (b) If it appears after an examination that a pesticide product fails to comply with this chapter and the state chemist contemplates instituting proceedings against any person, the state chemist shall give appropriate notice to the person.

Terms Used In Indiana Code 15-16-4-70

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • person: means :

    Indiana Code 15-16-4-28

  • 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
     (c) A person notified under subsection (b) shall be given an opportunity to present the person’s views, either orally or in writing, with regard to the contemplated proceedings to the state chemist.

     (d) Subject to subsection (e), if the state chemist determines that a person violated this chapter, the state chemist may refer the facts to the prosecuting attorney for the county in which the violation occurred with a copy of the results of the analysis or the examination of the pesticide product.

     (e) This chapter may not be construed to require the state chemist to report for prosecution or for the institution of other proceedings minor violations of this chapter whenever the state chemist believes that the public interests will be best served by other action.

[Pre-2008 Recodification Citation: 15-3-3.5-19.]

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.71.

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