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.

     (b) This section does not apply to:

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

  • 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

  • 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

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

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

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