Section 15-16-5-57 - Restricted use pesticide dealer; registration; fees; exemptions(a) Each person who is a restricted use pesticide dealer shall register with the state chemist. Registration shall be required for each business location distributing restricted use pesticides and shall be accomplished on a form to be provided by the state chemist. A registration expires January 1 following issuance unless the registration is renewed annually. A registration fee of forty-five dollars ($45) must accompany the application.(b) This section does not apply to:(1) a licensed pesticide business that sells pesticides only as an integral part of its pesticide application service when the pesticides are dispensed only through equipment used for this pesticide application;(2) any federal, state, county, or municipal agency that provides pesticides only for its own programs; or(3) any person who is the final purchaser of a pesticide for application to property or property rights owned, leased, or acquired by the person.(c) Each registered pesticide dealer is responsible for the acts of each person employed by the dealer in the solicitation and sale of restricted use pesticides and all claims and recommendations for use of pesticides. The dealer's registration is subject to sections 65 and 66 of this chapter for any violation of this chapter whether committed by the dealer or by the dealer's officer, agent, or employee.(d) As required by 40 CFR 171, a registered pesticide dealer must keep and maintain a record for each transaction involving the distribution of a restricted use pesticide to a certified end user for at least two (2) years from the date of distribution. The records must include the following: (1) Name of the certified applicator for whom the purchase or distribution is being made.(2) Certification, license, or permit number of the certified applicator.(3) Except for a certification from the state chemist, the state, tribe, or federal agency that issued the certification.(4) Certification, license, or permit expiration date of the certified applicator.(5) Certification, license, or permit categories of the certified applicator.(6) Address of the certified applicator or application business that employs the certified applicator.(7) Date of distribution.(8) Brand name of the pesticide product.(9) United States Environmental Protection Agency registration number of the pesticide product.(10) Amount of pesticide product distributed.(11) Any applicable emergency exemption or state special local need registration number.(12) Signature or verifiable confirmation of the person presenting the certification credentials, ordering, or taking delivery of the pesticide product.Pre-2008 Recodification Citation: 15-3-3.6-12.
Amended by P.L. 29-2024,SEC. 48, eff. 7/1/2024.As added by P.L. 2-2008, SEC.7.