Indiana § 15-16-5-66 - Violations; civil penalties; disposition of penalties

§ 15-16-5-66. Violations; civil penalties; disposition of penalties

Sec. 66. (a) The state chemist may impose civil penalties under this section only in accordance with subsections (b) through (d). However, this section does not require the state chemist to impose a civil penalty on a person for any violation of this chapter or a rule adopted under this chapter.

(b) Except for a violation described in subsection (c) or (d), the state chemist may impose a civil penalty not exceeding two hundred fifty dollars ($250) for a violation of this chapter or any rule adopted under this chapter. A civil penalty imposed under this subsection shall be adjusted for mitigating actions described in subsection (e). A civil penalty under this subsection may not be imposed unless a warning for a violation has previously been issued to the person for the same violation within the previous five (5) years.

(c) Subject to adjustment under subsection (e) for mitigating actions, the state chemist may impose a civil penalty not exceeding five hundred dollars ($500) if the state chemist finds that a person has done any of the following:

(1) After written notice, neglected to:

(A) keep and maintain records; or

(B) make reports and supply information when required or requested by the state chemist in the course of an investigation or inspection;

as described in section 65(7) of this chapter.

(2) Committed an act described in section 65(8) of this chapter.

(3) Unknowingly committed an act described in section 65(9) or 65(10) of this chapter.

(4) After written notice, neglected to comply with any limitations or restrictions on or in a duly issued license, permit, registration, or certification as described in section 65(12) of this chapter.

(5) Committed an act described in section 65(14) or 65(16) of this chapter.

(6) Recommended, used, or supervised the use of a general use pesticide product in a manner inconsistent with its labeling and resulting in an adverse effect.

(7) Recommended, used, or supervised the use of a restricted use pesticide product in a manner inconsistent with its labeling and resulting in no adverse effect.

(8) Applied a general use pesticide in a manner that allows it to drift from the target site in a sufficient quantity to cause an adverse effect to a nontarget site.

(9) Stored or dispensed a general use pesticide in a manner inconsistent with the requirements in 40 CFR 165, Subpart E.

(d) The state chemist may impose a civil penalty of one thousand dollars ($1,000) if the state chemist finds that a person has done any of the following:

(1) Stored or dispensed a pesticide in a manner inconsistent with the requirements in 40 CFR 165, Subpart E, or as described in section 64(a) of this chapter.

(2) Committed an act described in section 65(5) of this chapter.

(3) After notice, refused to comply with this chapter, the rules adopted under this chapter, or any lawful order of the state chemist or the board as described in section 65(6) of this chapter.

(4) Refused to:

(A) keep and maintain records; or

(B) make reports and supply information when required or requested by the state chemist in the course of an investigation or inspection;

as described in section 65(7) of this chapter.

(5) Intentionally committed an act described in section 65(8) of this chapter.

(6) Knowingly committed an act described in section 65(9) or 65(10) of this chapter.

(7) Committed an act described in section 65(11) of this chapter.

(8) Refused to comply with any limitations or restrictions on or in a duly issued license, permit, registration, or certification as described in section 65(12) of this chapter;

(9) Committed an act described in section 65(13), 65(15), 65(18), or 65(19) of this chapter.

(10) Recommended, used, or supervised the use of a restricted use pesticide product in a manner inconsistent with its labeling and resulting in an adverse effect.

(11) Applied a restricted use pesticide in a manner that allows it to drift from the target site in a sufficient quantity to cause an adverse effect to a nontarget site.

(12) Distributed a restricted use pesticide without having a pesticide dealer registration issued by the state chemist, as described in section 65(21) of this chapter.

(13) Distributed a restricted use pesticide to a noncertified end user of the pesticide, as described in section 65(22) of this chapter.

(e) The state chemist may not adjust the amount of the civil penalty for a violation listed in subsection (d). The state chemist may reduce the amount of the civil penalty for a violation listed in subsection (b) or (c) if the state chemist finds that the person responsible for the violation has taken any of the following mitigating actions:

(1) Cooperated with the state chemist during the investigation or inspection process.

(2) Took corrective action to prevent future similar violations.

(3) Compensated a victim for any adverse effects that resulted from the violation.

The state chemist may reduce the amount of the civil penalty by twenty percent (20%) for each mitigating action taken by the person responsible for the violation.

(f) A proceeding under IC 4-21.5-3 that involves a civil penalty may be consolidated with any other proceeding commenced under IC 4-21.5 to enforce this chapter or the rules adopted under this chapter.

(g) The state chemist shall limit the imposition of a civil penalty in a proceeding involving multiple counts of repeated incidents of the same violation to five (5) counts.

(h) Any findings related to a violation of this chapter or rules adopted under this chapter must be disclosed to the alleged violator before a:

(1) final determination is made; and

(2) penalty is assessed.

(i) Unless the state chemist has evidence of wrongdoing by the licensed pesticide business, any warnings, citations, or civil penalties regarding a pesticide use in violation of this chapter must be directed at:

(1) the employee who committed the violation; or

(2) the person who was responsible for the supervision of the employee who committed the violation.

(j) Money collected for civil penalties imposed under section 65 of this chapter shall be credited to the office of Purdue pesticide programs. The money may be used only to provide education about pesticides.

[Pre-2008 Recodification Citation: 15-3-3.6-14.5.]

As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.26; P.L.76-2021, SEC.4; P.L.29-2024, SEC.57.