Sec. 54. (a) A private applicator may not be issued a permit to use a restricted use pesticide without first complying with the certification requirements, including passing an examination, determined by the state chemist necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons.
(b) Certification standards to determine a person's competency with respect to the use and handling of the pesticide or class of pesticides that the private applicator is to be certified to use must be relative to hazards as described in section 45 of this chapter. In determining these standards, the state chemist shall observe those standards for private applicator certification provided by the U.S. Environmental Protection Agency.
(c) A fee of twenty dollars ($20) must be paid to the state chemist by each person applying for a certification as a private applicator under this section.
(d) If the state chemist does not certify the private applicator under this section, the state chemist shall inform the applicant of the reasons the applicant was not certified and return the applicant's application fee.
(e) The state chemist may require additional knowledge to ensure that applicators continue to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.
[Pre-2008 Recodification Citation: 15-3-3.6-9.]
As added by P.L.2-2008, SEC.7.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 16. Horticulture Control
Chapter 5. Pesticide Use and Application
15-16-5-1. "Agricultural Commodity"
15-16-5-3. "Beneficial Insects"
15-16-5-5. "Certificate of Financial Responsibility"
15-16-5-6. "Certified Applicator"
15-16-5-7. "Commercial Applicator"
15-16-5-16. "Licensed Applicator for Hire"
15-16-5-17. "Licensed Applicator Not for Hire"
15-16-5-18. "Licensed Pest Inspector"
15-16-5-19. "Licensed Pesticide Business"
15-16-5-20. "Licensed Public Applicator"
15-16-5-26. "Pesticide Consultant"
15-16-5-27. "Pesticide Formulation"
15-16-5-28. "Pesticide Product"
15-16-5-30. "Private Applicator"
15-16-5-32. "Registered Pesticide Dealer"
15-16-5-33. "Registered Technician"
15-16-5-34. "Restricted Use Pesticide"
15-16-5-35. "Unreasonable Adverse Effects on the Environment"
15-16-5-39. Administration of Chapter
15-16-5-39.6. Working Group; Report
15-16-5-40. Delegation of Powers
15-16-5-41. Rules; Confidentiality
15-16-5-42. Reciprocity; Waiver of Requirements
15-16-5-43. Instruction and Training in Pesticide Use
15-16-5-44. Rules; Use; Application; Inspections
15-16-5-46. Certification and Registration Requirements; Compliance
15-16-5-47. Licenses and Certificates Not Transferable
15-16-5-48. Pesticide Business License
15-16-5-50. Licensed Applicators Not for Hire
15-16-5-51. Public Employees; Public Applicator
15-16-5-52. Applications for Licensure; Denials; Expiration; Renewal
15-16-5-54. Private Applicator; Certification
15-16-5-55. Exemptions From Licenses
15-16-5-56. Registration of Registered Technicians
15-16-5-57. Restricted Use Pesticide Dealer; Registration; Fees; Exemptions
15-16-5-58. Pesticide Business License and Pest Inspector License; Financial Responsibility
15-16-5-59. Maintenance of Records
15-16-5-61. Disposition of Fees
15-16-5-62. Pesticide Accident Reporting and Claims
15-16-5-63. Agreements With Other Agencies
15-16-5-64. Injury or Pollution; Rules
15-16-5-65. Penalty Actions for Violations
15-16-5-66. Violations; Civil Penalties; Disposition of Penalties
15-16-5-67. Review of State Chemist Actions; Hearing
15-16-5-69. Inspections; Search Warrant; Prosecution; Injunction
15-16-5-70. Violations; Penalty; Injunction
15-16-5-71. Political Subdivision Regulation of Pesticides Prohibited; Hearing; Variance