Indiana § 15-16-4-57 - Prohibited acts; production, distribution, display, and sale

§ 15-16-4-57. Prohibited acts; production, distribution, display, and sale

Sec. 57. Except as provided in section 58 of this chapter, a person may not produce, distribute, display, sell, or offer for sale within Indiana or deliver for transportation or transport in intrastate commerce or between points within Indiana through any point outside Indiana any of the following:

(1) Any pesticide product that has not been registered under section 61 of this chapter.

(2) Any pesticide product if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration.

(3) A pesticide product if the composition of the product differs from the composition as represented in connection with its registration. However, at the discretion of the state chemist, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.

(4) Any pesticide product (except a pesticide in a container designed and constructed to accommodate the return and refill of the container as required in 40 CFR 165) unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to that container, and to any outside container or wrapper of the retail package through which the required information on the immediate container cannot be clearly read, a label bearing:

(A) the name and address of the manufacturer, registrant, or person for whom manufactured;

(B) the name, brand, or trademark under which the pesticide product is sold; and

(C) the net weight or measure of the content, subject, however, to reasonable variations as the state chemist may permit.

(5) Any pesticide product that is adulterated or misbranded.

(6) Any pesticide product in containers violating rules adopted under section 50(b)(2) of this chapter or 40 CFR 165. Pesticides found in containers that are unsafe due to damage may be seized and impounded.

(7) A highly volatile herbicide except on written permission by the state chemist.

(8) Any pesticide that violates the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or regulations adopted under the Act.

[Pre-2008 Recodification Citation: 15-3-3.5-3.]

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.68; P.L.99-2012, SEC.10; P.L.249-2023, SEC.77; P.L.29-2024, SEC.16.