§ 4-22-2.3-9 — Pesticide review board interim rules

Indiana § 4-22-2.3-9

• Jurisdiction: Indiana
• Art. 22: ADMINISTRATIVE RULES AND PROCEDURES
• Ch. 2.3: Transitional Provisions; Exceptions to Rulemaking

Text

(a) The Indiana pesticide review board may
adopt interim rules under IC 4-22-2-37.2 to classify a pesticide as a
restricted use pesticide, if the Indiana pesticide review board finds that
adoption of the interim rule is necessary to prevent an undue and
immediate hazard to persons, animals, wildlife, lands, or water, other
than the pests that the pesticide is intended to prevent, destroy, control,
or mitigate.
(b) The Indiana pesticide review board may adopt interim rules
under IC 4-22-2-37.2 to impose a restriction or requirement on the
storage, distribution, use, application, or record keeping for a restricted
use pesticide that is more stringent than the restriction or requirement
imposed under federal law if the Indiana pesticide review board finds
that weather, soil, or other conditions in Indiana impact the
effectiveness or safety of the storage, distribution, use, application, or
record keeping of the restricted use pesticide in a manner that differs
from federal law generally.
(c) The Indiana pesticide review board may adopt interim rules
under IC 4-22-2-37.2 to impose a restriction or requirement on the
storage, distribution, use, application, or record keeping for a restricted
use or general use pesticide that is more stringent than the restriction
or requirement imposed under federal law if the Indiana pesticide
review board receives a written request from the registrant of the
applicable pesticide.
(d) Unless specifically authorized by Indiana law under IC 15-16-5-72, an interim rule authorized under this section expires on
adjournment sine die of the regular session of the general assembly that
begins after the rule is accepted for filing by the publisher of the
Indiana Register and may not be continued in another interim rule.

Legislative History

As added by P.L.249-2023, SEC.43.