Chapter 1 Agricultural Ammonia
Chapter 2 Commercial Fertilizers
Chapter 3 Commercial Lawn Care Service Fertilizers
Chapter 4 Pesticides
Chapter 5 Pesticide Use and Application
Chapter 6 Organization of Horticultural and Quarantine Districts
Chapter 7 Weed Control Board
Chapter 8 Destruction of Detrimental Plants
Chapter 9 Control of Johnson Grass
Chapter 10 Invasive Species Council
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Terms Used In Indiana Code > Title 15 > Article 16 - Horticulture Control

  • active ingredient: means :

    Indiana Code 15-16-4-2

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

    Indiana Code 15-16-4-3

  • adverse effect: has the meaning set forth in Indiana Code 15-16-5-0.5
  • Advisory body: means an authority, a board, a commission, a committee, a task force, or other body designated by any name of the executive department that is authorized only to make nonbinding recommendations. See Indiana Code 4-2-6-1
  • Agency: means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. See Indiana Code 4-2-6-1
  • agricultural commodity: means any plant or part of a plant and animals or animal products produced primarily for sale, consumption, propagation, or other use by humans or animals. See Indiana Code 15-16-5-1
  • ammonia: means anhydrous ammonia (NH3) that is intended for use as a fertilizer for agricultural purposes. See Indiana Code 15-16-1-2
  • animal: means all vertebrate and invertebrate species, including humans and other mammals, birds, fish, and shellfish. See Indiana Code 15-16-5-2
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appointing authority: means the following:

    Indiana Code 4-2-6-1

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • aquatic ecologist: means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following:

    Indiana Code 15-16-4-5

  • Assist: means to:

    Indiana Code 4-2-6-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • authorizing body: means the body that has the power to adopt ordinances under IC 36-1-3-6. See Indiana Code 15-16-7-1
  • beneficial insects: means insects that, during some part of their life cycles, are effective pollinators of plants, are parasites or predators of pests, or are useful to humans. See Indiana Code 15-16-5-3
  • blender: means a person or system engaged in the business of blending commercial fertilizer. See Indiana Code 15-16-2-3
  • blending: means the physical mixing or combining:

    Indiana Code 15-16-2-4

  • board: refers to the Indiana fertilizer advisory board established by IC 15-16-2-25. See Indiana Code 15-16-1-3.5
  • board: refers to the Indiana fertilizer advisory board established by section 25 of this chapter. See Indiana Code 15-16-2-5
  • board: means the Indiana pesticide review board established by section 42 of this chapter. See Indiana Code 15-16-4-6
  • board: means the Indiana pesticide review board established by IC 15-16-4-42. See Indiana Code 15-16-5-4
  • brand: means a term, design, or trademark used in connection with at least one (1) grade of commercial fertilizer. See Indiana Code 15-16-2-6
  • bulk fertilizer: means a commercial fertilizer distributed in nonpackaged form. See Indiana Code 15-16-2-7
  • Business relationship: includes the following:

    Indiana Code 4-2-6-1

  • certificate of financial responsibility: means a notarized statement from an officer of a bank or other financial institution attesting to the fact that a licensee under this chapter has adequate financial resources equal to the amount of liability insurance or bonding required by rule under section 58 of this chapter to protect persons who may suffer legal damages as a result of the applicator's pesticide operations or the pest inspector's inspections. See Indiana Code 15-16-5-5
  • certified applicator: means any individual who is certified under this chapter as qualified to:

    Indiana Code 15-16-5-6

  • commercial applicator: means a certified applicator, whether or not a private applicator with respect to some uses, who:

    Indiana Code 15-16-5-7

  • commercial fertilizer: means mixed fertilizer or fertilizer materials. See Indiana Code 15-16-2-8
  • Commission: refers to the state ethics commission created under section 2 of this chapter. See Indiana Code 4-2-6-1
  • Compensation: means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another. See Indiana Code 4-2-6-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • council: refers to the invasive species council established by section 3 of this chapter. See Indiana Code 15-16-10-1
  • custom blend: means a commercial fertilizer blended:

    Indiana Code 15-16-2-9

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • defoliant: means any:

    Indiana Code 15-16-4-8

  • defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Indiana Code 15-16-5-8
  • desiccant: means any:

    Indiana Code 15-16-4-9

  • desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Indiana Code 15-16-5-9
  • device: means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating any pest. See Indiana Code 15-16-4-10
  • device: has the meaning set forth in IC 15-16-4-10. See Indiana Code 15-16-5-10
  • direct supervision: refers to the supervision required under Indiana Code 15-16-5-10.5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • distribute: means to:

    Indiana Code 15-16-1-4

  • distribute: means to:

    Indiana Code 15-16-4-11

  • distributor: means a person who:

    Indiana Code 15-16-2-10

  • Employee: means an individual, other than a state officer, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. See Indiana Code 4-2-6-1
  • Employer: means any person from whom a state officer or employee or the officer's or employee's spouse received compensation. See Indiana Code 4-2-6-1
  • 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
  • equipment: means any type of ground, water, or aerial apparatus or contrivance using motorized, mechanical, or pressurized power to apply any pesticide. See Indiana Code 15-16-5-13
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • facility for the storage of ammonia or ammonia solutions: means a facility in which ammonia or ammonia solutions are:

    Indiana Code 15-16-1-4.5

  • fertilizer material: means any substance containing nitrogen, phosphate, potash, or any recognized plant nutrient that:

    Indiana Code 15-16-2-11

  • fertilizer material: has the meaning set forth in IC 15-16-2-11. See Indiana Code 15-16-5-13.5
  • Fiduciary: A trustee, executor, or administrator.
  • Financial interest: means an interest:

    Indiana Code 4-2-6-1

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • fund: refers to the invasive species council fund established by section 12 of this chapter. See Indiana Code 15-16-10-2
  • fungicide: means any substance or mixture of substances intended for:

    Indiana Code 15-16-4-15

  • fungus: means any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, including:

    Indiana Code 15-16-5-14

  • general use pesticide: means a pesticide that is not a restricted use pesticide. See Indiana Code 15-16-4-15.5
  • general use pesticide: has the meaning set forth in Indiana Code 15-16-5-14.5
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • grade: means the minimum percentages of the following elements stated in the following order:

    Indiana Code 15-16-2-12

  • herbicide: means any substance or mixture of substances intended for:

    Indiana Code 15-16-4-16

  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • immediate container: means the part of a container that is in direct contact with a pesticide. See Indiana Code 15-16-4-18
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • ingredient statement: means any of the following:

    Indiana Code 15-16-4-20

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insect: means any small invertebrate animal:

    Indiana Code 15-16-5-15

  • insecticide: means any substance or mixture of substances intended for:

    Indiana Code 15-16-4-22

  • isolation area: means the area that is:

    Indiana Code 15-16-5-15.5

  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • label: means :

    Indiana Code 15-16-3-3

  • label: means :

    Indiana Code 15-16-4-23

  • labeling: means all labels and other written, printed, or graphic matter:

    Indiana Code 15-16-4-24

  • lawn care service: means service provided to private, institutional, or commercial entities for compensation to maintain and nourish:

    Indiana Code 15-16-3-4

  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • licensed applicator for hire: means any licensed certified commercial applicator who is employed by a licensed pesticide business to:

    Indiana Code 15-16-5-16

  • licensed applicator not for hire: means a licensed certified commercial applicator who is employed by a private employer to use or supervise the use of a restricted use pesticide only on the property of the employer. See Indiana Code 15-16-5-17
  • licensed pest inspector: means an individual licensed under this chapter to make diagnostic inspections or reports to determine infestations of wood destroying pests on the property of another person and meets the requirements under section 58 of this chapter. See Indiana Code 15-16-5-18
  • licensed pesticide business: means any licensed person that owns, operates, or manages a business that is engaged in or professes to be engaged in:

    Indiana Code 15-16-5-19

  • licensed public applicator: means a licensed certified commercial applicator who uses or supervises the use of a restricted use pesticide as an employee of a state agency, municipal corporation, or other governmental agency. See Indiana Code 15-16-5-20
  • licensee: means a person who has been issued a license under this chapter. See Indiana Code 15-16-3-5
  • material damage: means any:

    Indiana Code 15-16-4-24.5

  • misbranded: refers to any of the following:

    Indiana Code 15-16-4-25

  • mixed fertilizer: means any combination or mixture of commercial fertilizers:

    Indiana Code 15-16-2-13

  • nematocide: means any substance or mixture of substances intended for:

    Indiana Code 15-16-4-26

  • nontarget site: has the meaning set forth in Indiana Code 15-16-4-27.5
  • nontarget site: means any location, thing, or organism that is not the intended target site of the pesticide application, including the following:

    Indiana Code 15-16-5-21.5

  • noxious weed: refers to the following:

    Indiana Code 15-16-7-2

  • official sample: means any sample of commercial fertilizer taken by the state chemist or the state chemist's agent. See Indiana Code 15-16-2-14
  • percentage: means the percentage by weight. See Indiana Code 15-16-2-16
  • permit: refers to a permit issued under section 34 of this chapter to report the tonnage of commercial fertilizer sold. See Indiana Code 15-16-2-15
  • permit: means a written certificate issued by the state chemist or the state chemist's agent to a private applicator, authorizing the purchase, possession, or use of restricted use pesticides. See Indiana Code 15-16-5-22
  • Person: means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision. See Indiana Code 4-2-6-1
  • person: means :

    Indiana Code 15-16-1-5

  • person: means :

    Indiana Code 15-16-2-17

  • person: means :

    Indiana Code 15-16-4-28

  • person: means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not. See Indiana Code 15-16-5-23
  • person: means :

    Indiana Code 15-16-8-2

  • pest: has the meaning set forth in IC 15-16-5-24. See Indiana Code 15-16-4-29
  • pest: means :

    Indiana Code 15-16-5-24

  • pesticide: means :

    Indiana Code 15-16-4-30

  • pesticide: means :

    Indiana Code 15-16-5-25

  • pesticide formulation: means a pesticide product comprised of all active ingredients and inert ingredients. See Indiana Code 15-16-4-32
  • pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-4-33
  • pesticide product: means a pesticide or device offered for distribution or use, including any labeling. See Indiana Code 15-16-5-28
  • plant regulator: means any substance or mixture of substances, intended through physiological action, for:

    Indiana Code 15-16-4-34

  • plant regulator: has the meaning set forth in IC 15-16-4-34. See Indiana Code 15-16-5-29
  • private applicator: means a certified and permitted applicator who uses or supervises the use of restricted use pesticides for purposes of producing any agricultural commodity on property owned, rented, or managed by the employer or the applicator, if applied without compensation on the property of another person. See Indiana Code 15-16-5-30
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • produce: means :

    Indiana Code 15-16-4-35

  • property: means all:

    Indiana Code 15-16-5-31

  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • registered pesticide dealer: means any person who distributes any restricted use pesticide. See Indiana Code 15-16-5-32
  • registered technician: means a person who:

    Indiana Code 15-16-5-33

  • registrant: means a person who registers commercial fertilizer under this chapter. See Indiana Code 15-16-2-18
  • registrant: means a person who registers a pesticide product under this chapter. See Indiana Code 15-16-4-36
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Represent: means to do any of the following on behalf of a person:

    Indiana Code 4-2-6-1

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • restricted use pesticide: means the following:

    Indiana Code 15-16-4-37

  • restricted use pesticide: has the meaning set forth in IC 15-16-4-37. See Indiana Code 15-16-5-34
  • rodenticide: means any substance or mixture of substances intended for:

    Indiana Code 15-16-4-38

  • sale: includes exchange. See Indiana Code 15-16-2-19
  • school: means the following:

    Indiana Code 15-16-5-34.5

  • school property: means the following:

    Indiana Code 15-16-5-34.7

  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Special state appointee: means a person who is:

    Indiana Code 4-2-6-1

  • State officer: means any of the following:

    Indiana Code 4-2-6-1

  • storage: means the storage of bulk fertilizer by a person who:

    Indiana Code 15-16-2-21

  • Subpoena: A command to a witness to appear and give testimony.
  • tank mixed liquid fertilizer: means a fluid mixture of commercial fertilizer and water in which the total nutrient content of the mixture does not exceed the amount determined under rules adopted by the state chemist under IC 4-22-2 in accordance with current practices of the lawn care service industry. See Indiana Code 15-16-3-6
  • terrestrial ecologist: means a scientist with a degree in, extensive training in, or experience in at least one (1) of the following:

    Indiana Code 15-16-4-39

  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • ton: means a net weight of two thousand (2,000) pounds avoirdupois. See Indiana Code 15-16-2-22
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • use: means the placement or usage of fertilizer materials on a targeted growing area. See Indiana Code 15-16-2-23
  • use: means an act of handling, releasing, or exposing individuals or the environment to a pesticide. See Indiana Code 15-16-5-36
  • weed: means any plant that grows where the plant is not wanted. See Indiana Code 15-16-4-40
  • weed: means any plant that grows where the plant is not wanted. See Indiana Code 15-16-5-37
  • 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
  • wildlife: has the meaning set forth in IC 15-16-5-38. See Indiana Code 15-16-4-41
  • wildlife: means all living things that are not human, domesticated, or pests. See Indiana Code 15-16-5-38