Sec. 58. (a) The state chemist may not issue a pesticide business license or a pest inspector license until the applicant for the license has furnished a surety bond, a certificate of liability insurance in force, or a certificate of financial responsibility to protect persons who may suffer legal damages as a result of the pesticide operations or pest inspections of the applicant. If the surety bond, liability insurance, or financial responsibility is not maintained at all times during the licensing period, the pesticide business license, pest inspector license, and any associated commercial applicator licenses and technician registrations are invalid. The applicant may not engage in or profess to be engaged in the business of using pesticides or pest inspection until the financial responsibility is in compliance and the applicant’s license is reinstated by the state chemist.

     (b) This chapter does not relieve any person from liability for any damage to the person or property of another caused by the use of pesticides even though the use conforms to the rules adopted under this chapter.

[Pre-2008 Recodification Citation: 15-3-3.6-13.]

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.77.

Terms Used In Indiana Code 15-16-5-58

  • certificate of financial responsibility: means a notarized statement from an officer of a bank or other financial institution attesting to the fact that a licensee under this chapter has adequate financial resources equal to the amount of liability insurance or bonding required by rule under section 58 of this chapter to protect persons who may suffer legal damages as a result of the applicator's pesticide operations or the pest inspector's inspections. See Indiana Code 15-16-5-5
  • commercial applicator: means a certified applicator, whether or not a private applicator with respect to some uses, who uses or supervises the use of pesticide products for any purpose or on any property other than as provided by section 30 of this chapter. See Indiana Code 15-16-5-7
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • pest: means :

    Indiana Code 15-16-5-24

  • pesticide: means :

    Indiana Code 15-16-5-25

  • property: means all:

    Indiana Code 15-16-5-31

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