Indiana § 15-16-5-72 Restrictions on rules governing pesticides; exceptions

Indiana Statutes

§ 15-16-5-72 — Restrictions on rules governing pesticides; exceptions

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

(a)Except as provided in IC 4-22-2.3-9, a rule adopted under this chapter that becomes effective after June 30, 2023, may not impose a restriction or requirement concerning pesticides more stringent than a restriction or requirement imposed under federal law unless the restriction or requirement is specifically authorized by Indiana law.

(b)Restrictions or requirements specifically authorized to be more stringent than a restriction or requirement imposed under federal law include the following:

(1)Commercial termite control applicators (category 7b) must complete a practical hands-on training program to become certified.

(2)Commercial applicators must have access to the pesticide label when applying pesticides.

(3)Commercial for hire general use pesticide application businesses are re

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(a) Except as provided in IC 4-22-2.3-9, a
rule adopted under this chapter that becomes effective after June 30,
2023, may not impose a restriction or requirement concerning
pesticides more stringent than a restriction or requirement imposed
under federal law unless the restriction or requirement is specifically
authorized by Indiana law.
(b) Restrictions or requirements specifically authorized to be more
stringent than a restriction or requirement imposed under federal law
include the following:
(1) Commercial termite control applicators (category 7b) must
complete a practical hands-on training program to become
certified.
(2) Commercial applicators must have access to the pesticide
label when applying pesticides.
(3) Commercial for hire general use pesticide application
businesses are required to show proof of having minimum
liability insurance coverage.
(4) Commercial for hire general use pesticide applicators
(category 7b) must disclose to customers any omissions from
label required termite control applications.
(5) Commercial applicators and school employees applying
general use pesticides at schools:
(A) may not apply when students are present;
(B) must notify students, parents, and staff of planned and
conducted applications;
(C) must store pesticides safely;
(D) must keep students and staff out of treated areas until spray
has dried; and
(E) may only apply rodenticide baits in areas inaccessible to
students.
(6) Commercial and private applicators must store and contain
general use pesticide portable refillable containers (minibulks)
safely to prevent releases to the environment.
(7) Commercial and private applicators may not store, mix, or
load general use pesticides within two hundred (200) feet of a
community public drinking water well.
(8) Commercial and private applicators must store general use
pesticide containers on impervious surfaces within a wellhead
protection area zone.
(9) Commercial and private applicators must clean up general use
pesticide spills within a wellhead protection area immediately
upon discovery.
(10) Commercial and private applicators may not open burn
general use pesticide containers.

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