Sec. 50. (a) The board may recommend to the general assembly the addition, deletion, or reclassification of pesticides by submitting in an electronic format under IC 5-14-6 a report of the recommendations to the legislative council. In making a determination to add or reclassify a pesticide as a restricted use pesticide for all of Indiana or designated areas within Indiana, the board must find that the characteristics of a pesticide require that rules restricting the: (1) sale; (2) distribution; or (3) 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. The board shall publish the board's findings in the Indiana Register. (b) The board may adopt rules under IC 4-22-2 to do the following: (1) 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. (2) 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. (3) Determine the time and conditions of the: (A) sale; (B) distribution; or (C) use; of restricted use pesticide products. (4) Require that any or all restricted use 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. (5) 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 restricted use pesticide products. (c) The state chemist shall maintain a list of each class of pesticides adopted by Indiana law or board rule on the website for the state chemist. Failure to include a pesticide on the list does not exempt a person from compliance with a law or rule for a pesticide designated by law or rule. [Pre-2008 Recodification Citation: 15-3-3.5-10.]
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