§ 15-16-4-69 — Violations; penalties; disposition of penalties

Indiana § 15-16-4-69

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

Text

(a) Subject to this section, if a person
violates this chapter or a rule adopted under this chapter, the state
chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil penalty
on the person or:
(1) deny;
(2) suspend;
(3) revoke; or
(4) amend;
the person's registration under this chapter.
(b) The state chemist may impose civil penalties under this section
only in accordance with subsections (c) through (e). However, this
section does not require the state chemist to impose a civil penalty on
a person for any violation of this chapter or a rule adopted under this
chapter.
(c) Except for a violation described in subsection (d) or (e), the state
chemist may impose a civil penalty not exceeding two hundred fifty
dollars ($250) for a violation of this chapter or any rule adopted under
this chapter. A civil penalty imposed under this subsection may be
adjusted for mitigating actions described in subsection (f). A civil
penalty under this subsection may not be imposed unless a warning for
a violation has previously been issued to the person for the same
violation within the previous five (5) years.
(d) Subject to adjustment under subsection (f) for mitigating actions,
the state chemist may impose a civil penalty not exceeding five
hundred dollars ($500) if the state chemist finds that a person has done
any of the following:
(1) Unknowingly committed an act described in section 57(1) of
this chapter.
(2) Committed an act described in section 57(2) through 57(5) of
this chapter.
(3) Unknowingly committed an act described in section 66(1) of
this chapter.
(4) Committed an act described in section 66(2) or 66(3) of this
chapter.
(5) Stored or dispensed a general use pesticide in a manner
inconsistent with 40 CFR 165.
(e) The state chemist may impose a civil penalty of one thousand
dollars ($1,000) if the state chemist finds that a person has done any of
the following:
(1) Knowingly committed an act described in section 57(1) of this
chapter.
(2) Committed an act described in section 57(8) of this chapter.
(3) Knowingly committed an act described in section 66(1) of this
chapter.
(4) Committed an act described in section 67, 68, 73(c), or 77 of
this chapter.
(5) Stored or dispensed a restricted use pesticide in a manner
inconsistent with 40 CFR 165.
(6) After notice, refused to comply with this chapter, the rules
adopted under this chapter, or a lawful order of the state chemist
or board.
(f) The state chemist may not adjust the amount of the civil penalty
for a violation listed in subsection (e). The state chemist may reduce
the amount of the civil penalty for a violation listed in subsection (c) or
(d) if the state chemist finds that the person responsible for the
violation has taken any of the following mitigating actions:
(1) Cooperated with the state chemist during the investigation or
inspection process.
(2) Took corrective action to prevent future similar violations.
(3) Compensated a victim for any adverse effects that resulted
from the violation.
The state chemist may reduce the amount of the civil penalty by twenty
percent (20%) for each mitigating action taken by the person
responsible for the violation.
(g) A proceeding under IC 4-21.5-3 that involves the imposition of
a civil penalty may be consolidated with any other proceeding
commenced under IC 4-21.5 to enforce this chapter or the rules
adopted under this chapter.
(h) The state chemist shall limit the imposition of a civil penalty in
a proceeding involving multiple counts of repeated incidents of the
same violation to five (5) counts.
(i) Any findings related to a violation of this chapter must be
disclosed to the alleged violator before a:
(1) final determination is made; and
(2) penalty is assessed.
(j) Unless the state chemist has evidence of wrongdoing by the
licensed pesticide business, any warnings, citations, or civil penalties
regarding a pesticide use in violation of this chapter must be directed
at:
(1) the employee who committed the violation; or
(2) the person who was responsible for the supervision of the
employee who committed the violation.
(k) Money collected for civil penalties imposed under this section
shall be credited to the office of Purdue pesticide programs. The money
may be used only to provide education about pesticides.
[Pre-2008 Recodification Citation: 15-3-3.5-18.3.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.11; P.L.76-2021, SEC.2; P.L.29-2024, SEC.19.