Sec. 50. (a) The board may adopt rules under IC 4-22-2 to do the following:

(1) Establish a list of restricted use pesticides and pesticides for use by prescription only for all of Indiana or designated areas within Indiana, if the board finds that the characteristics of a pesticide require that rules restricting the:

(A) sale;

(B) distribution; or

(C) use;

of the pesticide by any person are necessary to prevent undue hazards to persons, animals, wildlife, lands, or waters, other than the pests that they are intended to prevent, destroy, control, or mitigate.

(2) Provide for the safe:

(A) handling;

(B) transportation;

(C) storage;

(D) display;

(E) distribution;

(F) disposal; and

(G) production;

of pesticide products and pesticide containers.

(3) Restrict or prohibit the use of certain types of containers or packages for specific pesticides. The restrictions may apply to the:

(A) type of construction;

(B) strength; or

(C) size;

to alleviate danger of spillage, breakage, or misuse.

(b) The board may adopt by reference the restricted use classification of a pesticide that is maintained by the United States Environmental Protection Agency.

(c) The board may adopt rules to do the following:

(1) Determine the time and conditions of the:

(A) sale;

(B) distribution; or

(C) use;

of pesticide products.

(2) Require that any or all pesticide products be purchased, possessed, or used only under:

(A) permit;

(B) certificate;

(C) license; or

(D) registration;

of the state chemist or under certain conditions or in certain quantities or concentrations.

(3) Require all persons issued:

(A) permits;

(B) certificates;

(C) licenses; or

(D) registrations;

under this subsection to maintain records as to the use of the pesticide products.

[Pre-2008 Recodification Citation: 15-3-3.5-10.]

As added by P.L.2-2008, SEC.7. Amended by P.L.99-2012, SEC.8.