Terms Used In Indiana Code > Title 4 > Article 2 > Chapter 7 - The Inspector General

• active ingredient: means :

  Indiana Code 15-16-4-2

• adulterated: refers to a pesticide or pesticide product if:

  Indiana Code 15-16-4-3

• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• animal: means all vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. See Indiana Code 15-16-5-2
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• aquatic ecologist: means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following:

  Indiana Code 15-16-4-5

• 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
• authorizing body: means the body that has the power to adopt ordinances under IC 36-1-3-6. See Indiana Code 15-16-7-1
• 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 section 42 of this chapter. See Indiana Code 15-16-4-6
• board: means the Indiana pesticide review board established by IC 15-16-4-42. See Indiana Code 15-16-5-4
• bulk pesticide: means any pesticide or mixture of pesticides that is transported or held in a reusable immediate container in undivided quantities greater than:

  Indiana Code 15-16-4-7

• 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
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• council: refers to the invasive species council established by section 3 of this chapter. See Indiana Code 15-16-10-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• defoliant: means any:

  Indiana Code 15-16-4-8

• 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:

  Indiana Code 15-16-4-9

• 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: means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating any pest. See Indiana Code 15-16-4-10
• 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.
• distribute: means to:

  Indiana Code 15-16-4-11

• 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
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• fund: refers to the invasive species council fund established by section 12 of this chapter. See Indiana Code 15-16-10-2
• fungicide: means any substance or mixture of substances intended for:

  Indiana Code 15-16-4-15

• fungus: means any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, including:

  Indiana Code 15-16-5-14

• general use pesticide: means a pesticide that is not a restricted use pesticide. See Indiana Code 15-16-4-15.5
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• herbicide: means any substance or mixture of substances intended for:

  Indiana Code 15-16-4-16

• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• immediate container: means the part of a container that is in direct contact with a pesticide. See Indiana Code 15-16-4-18
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• ingredient statement: means any of the following:

  Indiana Code 15-16-4-20

• 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

• insecticide: means any substance or mixture of substances intended for:

  Indiana Code 15-16-4-22

• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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.
• label: means :

  Indiana Code 15-16-3-3

• label: means :

  Indiana Code 15-16-4-23

• labeling: means all labels and other written, printed, or graphic matter:

  Indiana Code 15-16-4-24

• lawn care service: means service provided to private, institutional, or commercial entities for compensation to maintain and nourish:

  Indiana Code 15-16-3-4

• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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
• licensee: means a person who has been issued a license under this chapter. See Indiana Code 15-16-3-5
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• misbranded: refers to any of the following:

  Indiana Code 15-16-4-25

• nematocide: means any substance or mixture of substances intended for:

  Indiana Code 15-16-4-26

• noxious weed: refers to the following:

  Indiana Code 15-16-7-2

• 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 :

  Indiana Code 15-16-4-28

• 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
• person: means :

  Indiana Code 15-16-8-2

• pest: has the meaning set forth in IC 15-16-5-24. See Indiana Code 15-16-4-29
• pest: means :

  Indiana Code 15-16-5-24

• pesticide: means :

  Indiana Code 15-16-4-30

• pesticide: means :

  Indiana Code 15-16-5-25

• pesticide formulation: means a pesticide product comprised of all active ingredients and inert ingredients. See Indiana Code 15-16-4-32
• pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-4-33
• pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-5-28
• plant regulator: means any substance or mixture of substances, intended through physiological action, for:

  Indiana Code 15-16-4-34

• 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.
• produce: means :

  Indiana Code 15-16-4-35

• Property: includes personal and real property. See Indiana Code 1-1-4-5
• 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.
• Quorum: The number of legislators that must be present to do business.
• registered pesticide dealer: means any person who distributes any restricted use pesticide. See Indiana Code 15-16-5-32
• registrant: means a person who registers a pesticide product under this chapter. See Indiana Code 15-16-4-36
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• restricted use pesticide: means the following:

  Indiana Code 15-16-4-37

• restricted use pesticide: has the meaning set forth in IC 15-16-4-37. See Indiana Code 15-16-5-34
• rodenticide: means any substance or mixture of substances intended for:

  Indiana Code 15-16-4-38

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• tank mixed liquid fertilizer: means a fluid mixture of commercial fertilizer and water in which the total nutrient content of the mixture does not exceed the amount determined under rules adopted by the state chemist under IC 4-22-2 in accordance with current practices of the lawn care service industry. See Indiana Code 15-16-3-6
• terrestrial ecologist: means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following:

  Indiana Code 15-16-4-39

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• weed: means any plant that grows where the plant is not wanted. See Indiana Code 15-16-4-40
• weed: means any plant that grows where the plant is not wanted. See Indiana Code 15-16-5-37
• wildlife: has the meaning set forth in IC 15-16-5-38. See Indiana Code 15-16-4-41
• 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