SB 216

Bill Subjects

Administrative Law; Generally Agencies; Department Of Natural Resources (Dnr) Agriculture; Horticulture Boards, Commissions, And Councils; Generally Civil Law And Procedure; Liabilities, Damages, And Penalties General Assembly; Legislative Council

Abstract

Requires the dean of agriculture of Purdue University to submit certain annual reports to the legislative council and the budget committee as well as to the governor. Makes several changes in the laws concerning pesticides and pesticide use and application. Adds and revises definitions of terms used in those laws. Provides for the adoption of certain pesticide requirements and standards set forth in federal regulations as state requirements and standards. Makes changes concerning who may use certain pesticides and the circumstances under which the pesticides may be used. Authorizes the state chemist to enter a premises to access copies of records but allows the person holding records to defer the state chemist's access for up to ten days. Provides that the state chemist may enter public or private or property to investigate conditions possibly resulting from pesticide use only if the state chemist has reasonable suspicion of a violation. Requires the state chemist, in a proceeding involving multiple counts of repeated incidents of the same violation, to limit the imposition of a civil penalty to five counts. Provides that any findings related to a violation must be disclosed to the alleged violator before a penalty is assessed. Provides that, absent evidence of wrongdoing by the licensed pesticide business, any citation or civil penalty for a violation by an employee of a licensed pesticide business must be directed to the employee or the employee's supervisor instead of to the licensed pesticide business. Establishes requirements for individuals applying to become registered technicians. Establishes record keeping requirements for registered pesticide dealers, commercial applicators, and private applicators. Establishes restrictions and requirements concerning the application of pesticides on school property and pesticide use in a wellhead protection area. Sets forth acts for which the state chemist may impose a civil penalty or deny, suspend, or revoke a license, permit, or registration, including the application of a pesticide in a manner that allows it to drift from the target site, distributing a restricted use pesticide to a noncertified end user, and storing or disposing of a pesticide in violation of U.S. Environmental Protection Agency requirements.