Indiana § 15-16-5-72 - Restrictions on rules governing pesticides; exceptions

§ 15-16-5-72. Restrictions on rules governing pesticides; exceptions

Sec. 72. (a) Except as provided in IC 4-22-2.3-9, a rule adopted under this chapter that becomes effective after June 30, 2023, may not impose a restriction or requirement concerning pesticides more stringent than a restriction or requirement imposed under federal law unless the restriction or requirement is specifically authorized by Indiana law.

(b) Restrictions or requirements specifically authorized to be more stringent than a restriction or requirement imposed under federal law include the following:

(1) Commercial termite control applicators (category 7b) must complete a practical hands-on training program to become certified.

(2) Commercial applicators must have access to the pesticide label when applying pesticides.

(3) Commercial for hire general use pesticide application businesses are required to show proof of having minimum liability insurance coverage.

(4) Commercial for hire general use pesticide applicators (category 7b) must disclose to customers any omissions from label required termite control applications.

(5) Commercial applicators and school employees applying general use pesticides at schools:

(A) may not apply when students are present;

(B) must notify students, parents, and staff of planned and conducted applications;

(C) must store pesticides safely;

(D) must keep students and staff out of treated areas until spray has dried; and

(E) may only apply rodenticide baits in areas inaccessible to students.

(6) Commercial and private applicators must store and contain general use pesticide portable refillable containers (minibulks) safely to prevent releases to the environment.

(7) Commercial and private applicators may not store, mix, or load general use pesticides within two hundred (200) feet of a community public drinking water well.

(8) Commercial and private applicators must store general use pesticide containers on impervious surfaces within a wellhead protection area zone.

(9) Commercial and private applicators must clean up general use pesticide spills within a wellhead protection area immediately upon discovery.

(10) Commercial and private applicators may not open burn general use pesticide containers.

As added by P.L.249-2023, SEC.78.

IC 15-16-6Chapter 6. Organization of Horticultural and Quarantine Districts

15-16-6-1Authority to organize horticulture and quarantine districts; purposes 15-16-6-2Organizers; articles of association; contents; amendment 15-16-6-3Notice of election; information 15-16-6-4Directors; election; term 15-16-6-5Directors; vacancy 15-16-6-6Articles filing; corporate nature and powers; assessment; bylaws 15-16-6-7Boundaries; annexation; maximum size; consolidation 15-16-6-8Voting rights 15-16-6-9Officers; records 15-16-6-10Withdrawals from treasury 15-16-6-11Special meetings; quorum 15-16-6-12Administration by directors; purposes; hiring experts 15-16-6-13State entomologist; cooperation 15-16-6-14County agricultural extension educator ex officio state entomologist; cooperation 15-16-6-15Assessments for expenses