§ 15-16-5-48 — Pesticide business license

Indiana § 15-16-5-48

• Jurisdiction: Indiana
• Art. 16: HORTICULTURE CONTROL
• Ch. 5: Pesticide Use and Application

Text

(a) Subject to section 55 of this chapter, a
person may not engage in or profess to engage in the business of:
(1) using a restricted use pesticide, a general use pesticide, or a
fertilizer material; or
(2) making diagnostic inspections or reports to determine
infestations of wood destroying pests;
on the property of another for hire at any time without a pesticide
business license issued by the state chemist. The state chemist shall
require an annual license fee of forty-five dollars ($45) for each
pesticide business license that is issued.
(b) A pesticide business license must be obtained for each unique
business location or business name from which restricted use pesticide
use, general use pesticide use, or fertilizer material use or application
is conducted.
(c) The application for a license must be on a form provided by the
state chemist. Each application must contain information necessary for
the administration of this chapter.
(d) The state chemist may not issue a pesticide business license until
the applicant or an individual in the applicant's hire who uses or
supervises the use of a restricted use pesticide or uses a general use
pesticide or a fertilizer material for hire on the property of another is
certified by passing an examination to demonstrate to the state chemist
the applicant's or applicator's knowledge of the:
(1) use of pesticides or fertilizer materials under the category for
which the applicant or applicator has applied; and
(2) nature and effect of pesticides or fertilizer materials the
applicant or applicator may apply under the categories.
At least one (1) licensed applicator for hire must be associated with
each location from which pesticides or fertilizer materials are used for
hire.
(e) The state chemist may renew any pesticide business license.
(f) Subject to subsections (a), (b), (c), and (d) and section 65 of this
chapter, if:
(1) the state chemist finds the applicant qualified to engage in the
business of using pesticides or fertilizer materials or making
diagnostic inspections or reports to determine infestations of
wood destroying pests on the property of another;
(2) the applicant files evidence of financial responsibility required
under section 58 of this chapter; and
(3) the applicant applying for a license involving aerial
application of pesticides has met all of the requirements of:
(A) the Federal Aviation Administration;
(B) the Indiana department of transportation; and
(C) any other applicable federal or state statutes or regulations
to operate the equipment described in the application;
the state chemist may issue a pesticide business license limited to the
categories for which the applicant or an individual in the applicant's
hire is qualified. The license expires January 1 of the year following
issue unless it has been invalidated, revoked, or suspended earlier by
the state chemist. A surety bond or certificate of liability insurance in
force or certificate of financial responsibility required under section 58
of this chapter must be maintained and in effect on a continuing basis.
(g) The state chemist may limit a license or the operation of a
business to the use of certain pesticides or fertilizer materials, to certain
areas, or to certain types of equipment if the applicant is only so
qualified.
(h) If a license is not issued as applied for, the state chemist shall
inform the applicant in writing of the reasons the license was not
issued.
[Pre-2008 Recodification Citation: 15-3-3.6-6.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.120-2008, SEC.75; P.L.91-2020, SEC.22; P.L.29-2024, SEC.41.