Indiana § 15-16-5-69 Inspections; search warrant; prosecution; injunction

Indiana Statutes

§ 15-16-5-69 — Inspections; search warrant; prosecution; injunction

Indiana·Art. 16 HORTICULTURE CONTROL·Ch. 5 Pesticide Use and Application

(a)The state chemist may enter upon any public or private property at reasonable times to do the following:

(1)Observe the use and application of a pesticide product.

(2)Inspect equipment subject to this chapter.

(3)Inspect and sample property actually or reported to be exposed to pesticide products.

(4)Inspect storage or disposal areas.

(5)If the state chemist or the state chemist's agent has reasonable suspicion of a violation of this chapter by a person who distributes or uses a pesticide product, inspect or investigate complaints of injury to humans or property.

(6)Sample pesticide products being produced, distributed, transported, stored, disposed, or used or to be used.

(7)Inspect, copy, and receive copies of pesticide product production, sale, distribution, purchase, use, st

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(a) The state chemist may enter upon any
public or private property at reasonable times to do the following:
(1) Observe the use and application of a pesticide product.
(2) Inspect equipment subject to this chapter.
(3) Inspect and sample property actually or reported to be exposed
to pesticide products.
(4) Inspect storage or disposal areas.
(5) If the state chemist or the state chemist's agent has reasonable
suspicion of a violation of this chapter by a person who distributes
or uses a pesticide product, inspect or investigate complaints of
injury to humans or property.
(6) Sample pesticide products being produced, distributed,
transported, stored, disposed, or used or to be used.
(7) Inspect, copy, and receive copies of pesticide product
production, sale, distribution, purchase, use, storage, and disposal
records, including confidential business information. However,
the person who retains the records may defer access to the records
by the state chemist or the state chemist's agent if access is
granted by the person not more than ten (10) days after the initial
request for records. Confidential business information obtained
under this subdivision is confidential for purposes of IC 5-14-3-4(a).
(b) The state chemist may, upon showing a need, apply to any court
with jurisdiction for a search warrant authorizing access to the
property. The court may, after receiving the application and finding a
need, issue the search warrant for the purposes requested.
(c) A prosecuting attorney to whom a violation of this chapter is
reported may institute and prosecute the violation in a court with
jurisdiction of that county without delay. The state chemist may apply
for and the court may grant a temporary or permanent injunction
restraining any person from violating or continuing to violate this
chapter or any rule adopted under this chapter notwithstanding the
existence of other remedies at law. The injunction may be issued
without bond.
[Pre-2008 Recodification Citation: 15-3-3.6-18.]

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