§ 15-16-5-57 — Restricted use pesticide dealer; registration; fees; exemptions; records

(a) Each person who is a restricted use
pesticide dealer shall register with the state chemist. Registration shall
be required for each business location distributing restricted use
pesticides and shall be accomplished on a form to be provided by the
state chemist. A registration expires January 1 following issuance
unless the registration is renewed annually. A registration fee of
forty-five dollars ($45) must accompany the application.
(b) This section does not apply to:
(1) a licensed pesticide business that sells pesticides only as an
integral part of its pesticide application service when the
pesticides are dispensed only through equipment used for this
pesticide application;
(2) any federal, state, county, or municipal agency that provides
pesticides only for its own programs; or
(3) any person who is the final purchaser of a pesticide for
application to property or property rights owned, leased, or
acquired by the person.
(c) Each registered pesticide dealer is responsible for the acts of
each person employed by the dealer in the solicitation and sale of
restricted use pesticides and all claims and recommendations for use
of pesticides. The dealer's registration is subject to sections 65 and 66
of this chapter for any violation of this chapter whether committed by
the dealer or by the dealer's officer, agent, or employee.
(d) As required by 40 CFR 171, a registered pesticide dealer must
keep and maintain a record for each transaction involving the
distribution of a restricted use pesticide to a certified end user for at
least two (2) years from the date of distribution. The records must
include the following:
(1) Name of the certified applicator for whom the purchase or
distribution is being made.
(2) Certification, license, or permit number of the certified
applicator.
(3) Except for a certification from the state chemist, the state,
tribe, or federal agency that issued the certification.
(4) Certification, license, or permit expiration date of the certified
applicator.
(5) Certification, license, or permit categories of the certified
applicator.
(6) Address of the certified applicator or application business that
employs the certified applicator.
(7) Date of distribution.
(8) Brand name of the pesticide product.
(9) United States Environmental Protection Agency registration
number of the pesticide product.
(10) Amount of pesticide product distributed.
(11) Any applicable emergency exemption or state special local
need registration number.
(12) Signature or verifiable confirmation of the person presenting
the certification credentials, ordering, or taking delivery of the
pesticide product.
[Pre-2008 Recodification Citation: 15-3-3.6-12.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.29-2024, SEC.48.