Sec. 44. (a) The board may adopt rules under IC 4-22-2 prescribing policies and procedures relating to restricted use pesticides:

(1) use;

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Terms Used In Indiana Code 15-16-5-44

  • board: means the Indiana pesticide review board established by IC 15-16-4-42. See Indiana Code 15-16-5-4
  • direct supervision: refers to the supervision required under Indiana Code 15-16-5-10.5
  • 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
  • pesticide: means :

    Indiana Code 15-16-5-25

  • use: means an act of handling, releasing, or exposing individuals or the environment to a pesticide. See Indiana Code 15-16-5-36
(2) application;

(3) storage;

(4) distribution; and

(5) record keeping.

     (b) The state chemist may adopt additional rules under IC 4-22-2 as required to accomplish the purpose of this chapter.

     (c) Rules adopted under this chapter may not permit any pesticide use that is prohibited by federal law and regulations or orders issued under federal law.

     (d) The following requirements and standards established in federal rules shall be adopted as state requirements and standards:

(1) 40 C.F.R. § part 165, federal pesticide containers, repackaging, and containment structures.

(2) 40 C.F.R. § part 170, federal pesticide agricultural worker protection standard.

(3) 40 C.F.R. § 171.201, federal direct supervision of noncertified applicators by certified applicators.

[Pre-2008 Recodification Citation: 15-3-3.6-4.]

As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.38.

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