Sec. 44. (a) The state chemist may adopt rules under IC 4-22-2 concerning the following:
(1) The distribution and use of fertilizer material, including standards to protect waters of the state.
(2) The distribution and storage of bulk fertilizers, including standards for the storage of bulk fertilizers to protect the waters of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning the following:
(1) Subject to subsection (e), the establishment of certification and educational programs, as determined by the state chemist, relating to the application of fertilizer material, the transportation of fertilizer material, or both for the following:
(A) Persons who apply fertilizer material for hire, transport fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizer material, or both from the following:
(i) Confined feeding operations (as defined in IC 13-11-2-40).
(ii) Operations outside Indiana that would be confined feeding operations (as defined in IC 13-11-2-40) if they were located in Indiana.
(2) The establishment of fees for the certification and education programs established under subdivision (1).
(c) The state chemist shall adopt rules under IC 4-22-2 before July 1, 2012, concerning the staging, management, and land application of fertilizer material.
(d) Any fees collected for a certification and educational programs under subsection (b)(1) shall be collected by the state chemist and deposited and administered under section 44.5 of this chapter.
(e) The state chemist may waive all or part of the certification requirements established under subsection (b)(1) on a reciprocal basis with any state agency or federal agency that has substantially the same certification standards.
[Pre-2008 Recodification Citation: 15-3-3-12.]
As added by P.L.2-2008, SEC.7. Amended by P.L.81-2009, SEC.27; P.L.189-2011, SEC.14.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 16. Horticulture Control
Chapter 2. Commercial Fertilizers
15-16-2-1. State Chemist; Appointment
15-16-2-1.5. Manure Based Fertilizer; Exceptions; Rules
15-16-2-2. Construction of Chapter
15-16-2-2.5. "Ammonium Nitrate"
15-16-2-8. "Commercial Fertilizer"
15-16-2-11. "Fertilizer Material"
15-16-2-13. "Mixed Fertilizer"
15-16-2-16. "Percent"; "Percentage"
15-16-2-20. "Specialty Fertilizer"
15-16-2-24. Office of the State Chemist Established; Appointment; Administration
15-16-2-25. Fertilizer Advisory Board; Establishment; Membership
15-16-2-26. Members; Removal; Vacancies
15-16-2-30. Per Diem and Travel Expenses
15-16-2-32. Labeling Requirements
15-16-2-33. Inspection Fee; Exemptions
15-16-2-34. Permit to Report Commercial Fertilizer Sold; Fee
15-16-2-35. Disposition of Inspection Fees
15-16-2-36. Excess Funds From Fees Collected; Disposition
15-16-2-37. Annual Publication by State Chemist; Information Required
15-16-2-38. Inspection, Analysis, and Tests; Entry Onto Premises; Subpoenas
15-16-2-39. Official Commercial Fertilizer Analysis; Report
15-16-2-40. Noncompliance With Analysis; Order for Refund to Purchaser; Appeal
15-16-2-41. Storage of Bulk Fertilizers
15-16-2-42. Misbranded and Adulterated Commercial Fertilizers; Unlawful Distribution
15-16-2-44. Rules; Certification and Education Programs; Fees; Waivers
15-16-2-44.5. Disposition of Fees
15-16-2-45. Use of Technologies to Protect Waters From Release of Bulk Fertilizers
15-16-2-46. Stop Sale, Use, or Removal Orders
15-16-2-49.5. Violations; Penalties
15-16-2-50. Regulation by Political Subdivision Prohibited; Petition; Hearing