Subject to section 66 of this chapter, the
state chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil
penalty on a person for a violation under this chapter. The state chemist
may also deny, suspend, revoke, or modify any provision of any
license, permit, registration, or certification issued under this chapter
if the state chemist finds that the applicant or the holder of a license,
permit, registration, or certification has been issued a final civil order
imposed under 7 U.S.C. 136l(a), has a criminal conviction under 7
U.S.C. 136l(b), or has committed any of the following acts, each of
which is a violation of this chapter:
(1)Made false or fraudulent claims either verbally or through any
media misrepresenting the effect of pesticide products or methods
to be used.
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Subject to section 66 of this chapter, the
state chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil
penalty on a person for a violation under this chapter. The state chemist
may also deny, suspend, revoke, or modify any provision of any
license, permit, registration, or certification issued under this chapter
if the state chemist finds that the applicant or the holder of a license,
permit, registration, or certification has been issued a final civil order
imposed under 7 U.S.C. 136l(a), has a criminal conviction under 7
U.S.C. 136l(b), or has committed any of the following acts, each of
which is a violation of this chapter:
(1) Made false or fraudulent claims either verbally or through any
media misrepresenting the effect of pesticide products or methods
to be used.
(2) Recommended, used, or supervised the use of any registered
pesticide product in a manner inconsistent with its labeling
approved by the United States Environmental Protection Agency
or Indiana state registration for that pesticide, or in violation of
the United States Environmental Protection Agency or Indiana
state restrictions on the use of that pesticide product.
(3) Used known ineffective or improper pesticide products or
known ineffective amounts of pesticides.
(4) Operated faulty or unsafe equipment.
(5) Operated in a careless or negligent manner.
(6) Neglected or, after notice, refused to comply with this chapter,
the rules adopted under this chapter, or of any lawful order of the
state chemist or the board.
(7) Refused or neglected to:
(A) keep and maintain the records required by this chapter; or
(B) make reports and supply information when required or
requested by the state chemist in the course of an investigation
or inspection.
(8) Made false or fraudulent records, invoices, or reports.
(9) Engaged in or professed to be engaged in the business of:
(A) using a pesticide or any other product regulated under this
chapter or by rules adopted under this chapter; or
(B) making a diagnostic inspection to determine infestations of
a wood destroying pest;
for hire on the property of another without having a business
license issued by the state chemist.
(10) Used or supervised the use of a pesticide product that is
required to be used under this chapter by a person who is
certified, licensed, or permitted without having a person who is
certified, licensed, or permitted under this chapter conducting the
use.
(11) Used fraud or misrepresentation in the qualification or
application for, or renewal of, a license, permit, registration, or
certification.
(12) Refused or neglected to comply with any limitations or
restrictions on or in a duly issued license, permit, registration, or
certification.
(13) Aided or abetted a person to evade this chapter, conspired
with a person to evade this chapter, or allowed a license, permit,
registration, or certification to be used by another person.
(14) Made false or misleading statements during or after an
inspection concerning any infestation or infection of pests.
(15) Impersonated any federal, state, county, or city inspector,
investigator, or official.
(16) Knowingly purchased or used a pesticide product that was
not registered under IC 15-16-4.
(17) Failed to continuously maintain financial responsibility
required under section 58 of this chapter or to provide proof of
financial responsibility to the state chemist when requested.
(18) Intentionally altered a duly issued license, permit,
registration, or certification.
(19) Recklessly, knowingly, or intentionally impeded or prevented
the state chemist or the state chemist's agent from performing a
duty of the state chemist.
(20) Applied a pesticide in a manner that allowed it to drift from
the target site in a sufficient quantity to cause an adverse effect to
a nontarget site.
(21) Distributed a restricted use pesticide without having a
pesticide dealer registration issued by the state chemist.
(22) Distributed a restricted use pesticide to a noncertified end
user of the pesticide.
(23) Stored or disposed of a pesticide in a manner inconsistent
with the requirements established by the United States
Environmental Protection Agency or this chapter.
(24) Failed to perform the notification requirements for a
pesticide application in a school.
[Pre-2008 Recodification Citation: 15-3-3.6-14.]