§ 15-16-5-66 — Violations; civil penalties; disposition of penalties

Indiana § 15-16-5-66

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

Text

(a) The state chemist may impose civil
penalties under this section only in accordance with subsections (b)
through (d). 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.
(b) Except for a violation described in subsection (c) or (d), 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 shall be
adjusted for mitigating actions described in subsection (e). 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.
(c) Subject to adjustment under subsection (e) 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) After written notice, neglected to:
(A) keep and maintain records; or
(B) make reports and supply information when required or
requested by the state chemist in the course of an investigation
or inspection;
as described in section 65(7) of this chapter.
(2) Committed an act described in section 65(8) of this chapter.
(3) Unknowingly committed an act described in section 65(9) or
65(10) of this chapter.
(4) After written notice, neglected to comply with any limitations
or restrictions on or in a duly issued license, permit, registration,
or certification as described in section 65(12) of this chapter.
(5) Committed an act described in section 65(14) or 65(16) of this
chapter.
(6) Recommended, used, or supervised the use of a general use
pesticide product in a manner inconsistent with its labeling and
resulting in an adverse effect.
(7) Recommended, used, or supervised the use of a restricted use
pesticide product in a manner inconsistent with its labeling and
resulting in no adverse effect.
(8) Applied a general use pesticide in a manner that allows it to
drift from the target site in a sufficient quantity to cause an
adverse effect to a nontarget site.
(9) Stored or dispensed a general use pesticide in a manner
inconsistent with the requirements in 40 CFR 165, Subpart E.
(d) 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) Stored or dispensed a pesticide in a manner inconsistent with
the requirements in 40 CFR 165, Subpart E, or as described in
section 64(a) of this chapter.
(2) Committed an act described in section 65(5) of this chapter.
(3) After notice, refused to comply with this chapter, the rules
adopted under this chapter, or any lawful order of the state
chemist or the board as described in section 65(6) of this chapter.
(4) Refused to:
(A) keep and maintain records; or
(B) make reports and supply information when required or
requested by the state chemist in the course of an investigation
or inspection;
as described in section 65(7) of this chapter.
(5) Intentionally committed an act described in section 65(8) of
this chapter.
(6) Knowingly committed an act described in section 65(9) or
65(10) of this chapter.
(7) Committed an act described in section 65(11) of this chapter.
(8) Refused to comply with any limitations or restrictions on or in
a duly issued license, permit, registration, or certification as
described in section 65(12) of this chapter;
(9) Committed an act described in section 65(13), 65(15), 65(18),
or 65(19) of this chapter.
(10) Recommended, used, or supervised the use of a restricted use
pesticide product in a manner inconsistent with its labeling and
resulting in an adverse effect.
(11) Applied a restricted use pesticide in a manner that allows it
to drift from the target site in a sufficient quantity to cause an
adverse effect to a nontarget site.
(12) Distributed a restricted use pesticide without having a
pesticide dealer registration issued by the state chemist, as
described in section 65(21) of this chapter.
(13) Distributed a restricted use pesticide to a noncertified end
user of the pesticide, as described in section 65(22) of this
chapter.
(e) The state chemist may not adjust the amount of the civil penalty
for a violation listed in subsection (d). The state chemist may reduce
the amount of the civil penalty for a violation listed in subsection (b)
or (c) 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.
(f) A proceeding under IC 4-21.5-3 that involves 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.
(g) 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.
(h) Any findings related to a violation of this chapter or rules
adopted under this chapter must be disclosed to the alleged violator
before a:
(1) final determination is made; and
(2) penalty is assessed.
(i) 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.
(j) Money collected for civil penalties imposed under section 65 of
this chapter 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: 15-3-3.6-14.5.]

Legislative History

As added by P.L.2-2008, SEC.7. Amended by P.L.91-2020, SEC.26; P.L.76-2021, SEC.4; P.L.29-2024, SEC.57.