§ 15-16-4-64 — Submission of pesticide formula; registration; notification; penalties

Indiana § 15-16-4-64

• Jurisdiction: Indiana
• Art. 16: HORTICULTURE CONTROL
• Ch. 4: Pesticides

Text

(a) The state chemist may require the
submission of the complete formula of any pesticide product,
including:
(1) the confidential statement of formula;
(2) the analytical methods for the analysis of the pesticide
formulation and the analysis of residues of the pesticide product
in environmental media;
(3) the analytical standards of the pesticide product;
(4) the safety data sheet;
(5) the physical sample of the pesticide product; and
(6) a statement of all claims to be made for the pesticide product,
including a full description of the tests made and the results of the
tests upon which the claims are based.
In the case of a federally registered product, this requirement may be
waived.
(b) The state chemist shall register a pesticide product if:
(1) the state chemist determines that the composition of the
pesticide product warrants the proposed claims for the pesticide
product;
(2) the pesticide product, its labeling, and other material required
to be submitted comply with the requirements of section 61 of this
chapter; and
(3) the state chemist determines that the person submitting the
application for registration has complied with the requirements of
this chapter, including satisfying all outstanding judgments
resulting from a violation of this chapter, after any action has been
finalized under section 64.5 of this chapter.
(c) The state chemist shall notify the applicant that the pesticide
product, labeling, or other material required to be submitted fails to
comply with the law if the state chemist determines:
(1) that the proposed claims for the pesticide product; or
(2) the pesticide product, its labeling, and other material required
to be submitted;
does not comply with this chapter, including satisfying all outstanding
judgments resulting from a violation of this chapter, after any action
has been finalized under section 64.5 of this chapter.
(d) If the state chemist notifies an applicant under subsection (c), the
state chemist shall give the applicant an opportunity to make the
necessary corrections. If upon receipt of notice, the applicant does not
make the corrections, the state chemist may refuse to register the
pesticide product.
(e) The state chemist, in accordance with the procedures specified
in this section, may deny, suspend, or cancel the registration of a
pesticide whenever the state chemist determines that:
(1) the pesticide product;
(2) the pesticide product's labeling; or
(3) the person submitting the application for registration of the
pesticide product;
does not comply with this chapter, including satisfying all outstanding
judgments resulting from a violation of this chapter, after any action
has been finalized under section 64.5 of this chapter.
(f) If:
(1) an application for registration is refused; or
(2) the state chemist proposes to deny, suspend, or cancel a
registration;
notice of the action and information concerning the person's right to
obtain a review under section 64.5 of this chapter must be given to the
applicant or registrant.
[Pre-2008 Recodification Citation: 15-3-3.5-7.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.69; P.L.91-2020, SEC.10.