Sec. 74. (a) The state chemist may file a claim in accordance with subsection (b) to condemn any pesticide product that is:

(1) distributed, sold, or offered for sale in Indiana; or

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 15-16-4-74

  • adulterated: refers to a pesticide or pesticide product if:

    Indiana Code 15-16-4-3

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • label: means :

    Indiana Code 15-16-4-23

  • misbranded: refers to any of the following:

    Indiana Code 15-16-4-25

  • 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
(2) delivered for transportation or transported:

(A) in intrastate commerce; or

(B) between points;

within Indiana through any point outside Indiana;

in any court with jurisdiction in any county of the state where the product is found and seized.

     (b) A claim may be filed under subsection (a) if:

(1) the pesticide product is adulterated or misbranded;

(2) the pesticide product has not been registered under section 61 or 62 of this chapter;

(3) the pesticide product fails to bear on its label the information required by this chapter;

(4) the pesticide product is a white powder pesticide product and is not colored as required under this chapter; or

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

[Pre-2008 Recodification Citation: 15-3-3.5-26.]

As added by P.L.2-2008, SEC.7.

  Previous section
Next section  
 Chapter 4 Contents