Sec. 63. (a) The state chemist may cooperate with, and enter into agreements with, any other agency of the state, any federal agency, or any other state agency or nongovernmental organization to carry out this chapter to:

(1) secure uniformity of rules;

(2) cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs;

(3) develop and administer state plans for certification of applicators consistent with federal standards;

(4) contract or cooperate with agencies or organizations for the purpose of training applicators;

(5) contract for monitoring pesticides;

(6) prepare and submit state plans to meet federal certification standards;

(7) administer and enforce requirements under this chapter; and

(8) make reports to the United States Environmental Protection Agency as the agency requires.

     (b) In accordance with 7 U.S.C. §§ 136w–1, the state chemist shall have primary enforcement responsibility for pesticide use violations for any period for which:

(1) the United States Environmental Protection Agency determines that the state of Indiana:

(A) has adopted adequate pesticide use laws and rules;

(B) has adopted and is implementing adequate procedures for the enforcement of the pesticide laws and rules; and

(C) will keep records and make reports showing compliance with clauses (A) and (B); and

(2) the state chemist:

(A) enters into a cooperative agreement with the United States Environmental Protection Agency; and

(B) has a plan for the certification of pesticide applicators that has been approved by the United States Environmental Protection Agency.

[Pre-2008 Recodification Citation: 15-3-3.6-21.]

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.80; P.L.29-2024, SEC.52.