Terms Used In Indiana Code > Title 15 > Article 16 > Chapter 5 - Pesticide Use and Application

• adverse effect: has the meaning set forth in Indiana Code 15-16-5-0.5
• agricultural commodity: means any plant or part of a plant and animals or animal products produced primarily for sale, consumption, propagation, or other use by humans or animals. See Indiana Code 15-16-5-1
• animal: means all vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. See Indiana Code 15-16-5-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• beneficial insects: means insects that, during some part of their life cycles, are effective pollinators of plants, are parasites or predators of pests, or are useful to humans. See Indiana Code 15-16-5-3
• board: means the Indiana pesticide review board established by IC 15-16-4-42. See Indiana Code 15-16-5-4
• 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
• certified applicator: means any individual who is certified under this chapter as qualified to use or supervise the use of pesticides and has been issued a license or permit as evidence of the individual's qualifications. See Indiana Code 15-16-5-6
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Indiana Code 15-16-5-8
• desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Indiana Code 15-16-5-9
• device: has the meaning set forth in IC 15-16-4-10. See Indiana Code 15-16-5-10
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• environment: includes water, air, land, and all plants and humans and other animals living in water, air, or on land and the interrelationships that exist among these. See Indiana Code 15-16-5-12
• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• fungus: means any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, including:

  Indiana Code 15-16-5-14

• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insect: means any small invertebrate animal:

  Indiana Code 15-16-5-15

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• licensed applicator for hire: means any licensed certified commercial applicator who is employed by a licensed pesticide business to use or to supervise the use of any pesticide product on the property of another and who has assumed direct responsibility for the use or supervision of the use of pesticide products by the business. See Indiana Code 15-16-5-16
• licensed applicator not for hire: means a licensed certified commercial applicator who is employed by a private employer to use or supervise the use of a restricted use pesticide only on the property of the employer. See Indiana Code 15-16-5-17
• licensed pest inspector: means an individual licensed under this chapter to make diagnostic inspections or reports to determine infestations of wood destroying pests on the property of another person and meets the requirements under section 58 of this chapter. See Indiana Code 15-16-5-18
• 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

• licensed public applicator: means a licensed certified commercial applicator who uses or supervises the use of a restricted use pesticide as an employee of a state agency, municipal corporation, or other governmental agency. See Indiana Code 15-16-5-20
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• pest: means :

  Indiana Code 15-16-5-24

• 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
• plant regulator: has the meaning set forth in IC 15-16-4-34. See Indiana Code 15-16-5-29
• private applicator: means a certified applicator who uses or supervises the use of pesticides for purposes of producing any agricultural commodity on property owned, rented, or managed by the employer or the applicator, if applied without compensation on the property of another person. See Indiana Code 15-16-5-30
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• property: means all:

  Indiana Code 15-16-5-31

• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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
• weed: means any plant that grows where the plant is not wanted. See Indiana Code 15-16-5-37
• wildlife: means all living things that are not human, domesticated, or pests. See Indiana Code 15-16-5-38
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5