Sec. 74. (a) The state chemist may file a claim in accordance with subsection (b) to condemn any pesticide product that is:
(1) distributed, sold, or offered for sale in Indiana; or
(2) delivered for transportation or transported:
(A) in intrastate commerce; or
(B) between points;
within Indiana through any point outside Indiana;
in any court with jurisdiction in any county of the state where the product is found and seized.
(b) A claim may be filed under subsection (a) if:
(1) the pesticide product is adulterated or misbranded;
(2) the pesticide product has not been registered under section 61 or 62 of this chapter;
(3) the pesticide product fails to bear on its label the information required by this chapter;
(4) the pesticide product is a white powder pesticide product and is not colored as required under this chapter; or
(5) any of the claims made for the pesticide product or any of the directions for its use differ in substance from the representations made in connection with its registration.
[Pre-2008 Recodification Citation: 15-3-3.5-26.]
As added by P.L.2-2008, SEC.7.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 16. Horticulture Control
15-16-4-1. Application of Chapter; Exported Pesticides
15-16-4-2. "Active Ingredient"
15-16-4-5. "Aquatic Ecologist"
15-16-4-12. "Final Printed Labeling"
15-16-4-17. "Highly Volatile Herbicide"
15-16-4-18. "Immediate Container"
15-16-4-19. "Inert Ingredient"
15-16-4-20. "Ingredient Statement"
15-16-4-31. "Pesticide for Use by Prescription Only"
15-16-4-32. "Pesticide Formulation"
15-16-4-33. "Pesticide Product"
15-16-4-37. "Restricted Use Pesticide"
15-16-4-39. "Terrestrial Ecologist"
15-16-4-42. Pesticide Review Board; Establishment; Membership; Terms
15-16-4-47. Board; per Diem and Travel Expenses
15-16-4-48. Board; Information Concerning Pesticides
15-16-4-49. Declaration of Injurious Pests
15-16-4-51. Administration; State Chemist
15-16-4-53. Delegation of Duties
15-16-4-54. Agreements With Other Agencies
15-16-4-55. Access to Pesticide Products
15-16-4-56. Pesticide Products That Are Considered to Be the Same
15-16-4-57. Prohibited Acts; Production, Distribution, Display, and Sale
15-16-4-58. Exemptions; Transporting; Public Officials
15-16-4-59. Prohibited Acts; Use
15-16-4-60. Exemptions; Used for Research
15-16-4-61. Pesticide Registration
15-16-4-63. Registration Fees Apply to Commercial Fertilizers That Contain Pesticides
15-16-4-64. Submission of Pesticide Formula; Registration; Notification; Penalties
15-16-4-65. Confidential Information
15-16-4-66. Distribution of Unregistered, Adulterated, and Misbranded Products Prohibited
15-16-4-67. Handling and Storage
15-16-4-68. Disposal and Storage
15-16-4-69. Violations; Penalties; Disposition of Penalties
15-16-4-70. Examination of Pesticide Products; Proceedings; Prosecution
15-16-4-72. Publication of Judgments
15-16-4-73. Stop Sale Orders; Notification
15-16-4-74. Condemnation and Confiscation
15-16-4-75. Condemned Pesticides Disposal