Indiana Code 15-16-4-73. Stop sale orders; notification
(1) finds any pesticide product:
Terms Used In Indiana Code 15-16-4-73
- device: means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating any pest. See Indiana Code 15-16-4-10
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- pesticide: means :
Indiana Code 15-16-4-30
- pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-4-33
- registrant: means a person who registers a pesticide product under this chapter. See Indiana Code 15-16-4-36
(B) in any means of conveyance;
where it is held for purposes of, or during or after, distribution or sale; and
(2) determines that the pesticide product:
(A) is in violation of this chapter; or
(B) has been or is intended to be:
(i) distributed;
(ii) sold; or
(iii) used;
in violation of this chapter;
the state chemist may issue an order under subsection (b).
(b) The state chemist may issue a written or printed:
(1) stop sale;
(2) use; or
(3) removal;
order to the owner or custodian of a pesticide product.
(c) Except as provided in subsection (d), after receiving an order under subsection (b), the owner or custodian of a pesticide product may not:
(1) sell;
(2) use; or
(3) remove;
the pesticide product described in the order.
(d) The owner or custodian of a pesticide product who receives an order under subsection (b) may:
(1) sell;
(2) use; or
(3) remove;
the pesticide product only in accordance with the order or until the pesticide product is released in writing by the state chemist or by order of a court.
(e) When a stop sale order is issued under subsection (b), the state chemist shall issue a notification to the dealer or registrant of the pesticide product within thirty (30) days that states the following:
(1) A stop sale order has been issued on the pesticide product.
(2) A reference to the specific language of the law or rule that is believed to have been violated.
(f) Labels of pesticide devices may be submitted to the state chemist for evaluation of the need for registration under this chapter before the sale of the pesticide device.
[Pre-2008 Recodification Citation: 15-3-3.5-25.]
As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.72; P.L.91-2020, SEC.12.