Sec. 57. (a) Each person who is a restricted use pesticide dealer shall register with the state chemist. Registration shall be required for each business location distributing restricted use pesticides and shall be accomplished on a form to be provided by the state chemist. A registration expires January 1 following issuance unless the registration is renewed annually. A registration fee of forty-five dollars ($45) must accompany the application.

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Terms Used In Indiana Code 15-16-5-57

  • certified applicator: means any individual who is certified under this chapter as qualified to:

    Indiana Code 15-16-5-6

  • equipment: means any type of ground, water, or aerial apparatus or contrivance using motorized, mechanical, or pressurized power to apply any pesticide. See Indiana Code 15-16-5-13
  • licensed pesticide business: means any licensed person that owns, operates, or manages a business that is engaged in or professes to be engaged in:

    Indiana Code 15-16-5-19

  • 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
  • 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
  • property: means all:

    Indiana Code 15-16-5-31

  • registered pesticide dealer: means any person who distributes any restricted use pesticide. See Indiana Code 15-16-5-32
  • restricted use pesticide: has the meaning set forth in IC 15-16-4-37. See Indiana Code 15-16-5-34
  • 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) This section does not apply to:

(1) a licensed pesticide business that sells pesticides only as an integral part of its pesticide application service when the pesticides are dispensed only through equipment used for this pesticide application;

(2) any federal, state, county, or municipal agency that provides pesticides only for its own programs; or

(3) any person who is the final purchaser of a pesticide for application to property or property rights owned, leased, or acquired by the person.

     (c) Each registered pesticide dealer is responsible for the acts of each person employed by the dealer in the solicitation and sale of restricted use pesticides and all claims and recommendations for use of pesticides. The dealer’s registration is subject to sections 65 and 66 of this chapter for any violation of this chapter whether committed by the dealer or by the dealer’s officer, agent, or employee.

     (d) As required by 40 C.F.R. § part 171, a registered pesticide dealer must keep and maintain a record for each transaction involving the distribution of a restricted use pesticide to a certified end user for at least two (2) years from the date of distribution. The records must include the following:

(1) Name of the certified applicator for whom the purchase or distribution is being made.

(2) Certification, license, or permit number of the certified applicator.

(3) Except for a certification from the state chemist, the state, tribe, or federal agency that issued the certification.

(4) Certification, license, or permit expiration date of the certified applicator.

(5) Certification, license, or permit categories of the certified applicator.

(6) Address of the certified applicator or application business that employs the certified applicator.

(7) Date of distribution.

(8) Brand name of the pesticide product.

(9) United States Environmental Protection Agency registration number of the pesticide product.

(10) Amount of pesticide product distributed.

(11) Any applicable emergency exemption or state special local need registration number.

(12) Signature or verifiable confirmation of the person presenting the certification credentials, ordering, or taking delivery of the pesticide product.

[Pre-2008 Recodification Citation: 15-3-3.6-12.]

As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.48.

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