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.

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 15-16-5-72

  • 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
  • general use pesticide: has the meaning set forth in Indiana Code 15-16-5-14.5
  • pesticide: means :

    Indiana Code 15-16-5-25

  • school: means the following:

    Indiana Code 15-16-5-34.5

  • use: means an act of handling, releasing, or exposing individuals or the environment to a pesticide. See Indiana Code 15-16-5-36
  • wellhead protection area zone: means the surface and subsurface area of the wellhead protection area that is located within a three thousand (3,000) foot radius of a community public water supply system production well or well field and through which contaminants are likely to move and reach the well. See Indiana Code 15-16-5-37.5
     (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.

  Previous section
Next section  
 Chapter 5 Contents