Pesticides
15-16-4 regulates the sale, distribution, storage, and use of pesticides in Indiana. The law helps ensure pesticide products are properly registered, accurately labeled, and handled safely. The Office of Indiana State Chemist oversees compliance, investigates possible violations, and may take enforcement actions, including stop-sale orders, penalties, or other legal remedies when needed.
View the full text of IC 15‑16‑4
Pesticide Use and Application
IC 15-16-5 establishes Indiana's requirements for the safe use and application of pesticides. The law requires pesticide applicators to meet licensing, certification, or permitting standards when applicable and to follow state requirements for using pesticides safely. The Office of Indiana State Chemist oversees compliance by conducting inspections, investigating complaints, issuing enforcement actions, and taking other steps authorized by law to protect people, property, and the environment.
View the full text of IC 15‑16‑5
Certification, Insurance, CCHs
355 IAC Article 4 sets the regulatory framework for certification, insurance, and business operations related to pesticide application in Indiana. It includes:
- Certification Requirements: Standards and procedures for commercial and private applicator certification, including written exams, category-specific credentials (e.g., turf, aerial, fumigation), certification validity periods, and retake limits.
- Business Licensing & Financial Responsibility: Applicator businesses must obtain a pesticide business license and submit proof of financial responsibility—either liability insurance or a surety bond—before licensing and maintain it as long as licensed.
- Minimum Insurance Coverage: Businesses and wood-pest inspectors must carry at least $300,000 in general liability coverage for bodily injury and/or property damage.
- Recordkeeping for Dealers: Registered restricted-use pesticide dealers must maintain detailed sales transaction records—including purchaser credentials, product info, and distribution dates—for at least two years.
These provisions are enforced by the Indiana State Chemist to ensure certified practitioners are qualified, financially responsible, and compliant with proper recordkeeping and safety standards.
View the full text of 355 IAC Article 4
Pesticide Container and Containment Management and Disposal
40 CFR 165 sets federal minimum standards for how pesticide containers and containment structures must be designed, operated, inspected, and disposed to protect public health and the environment. It includes:
- Containment design & capacity: Secondary containment systems (e.g., pads, tanks, dikes) must be constructed of durable, liquid-tight materials, sized to hold spills plus precipitation (100–110% of the largest container).
- Operational & inspection requirements: Owners/operators must prevent pesticide leaks, clean spills the same day, attend transfers, lock valves when unattended, and perform monthly inspections for damage or leakage.
- Container standards & disposal: Non‑refillable containers must meet stricter standards and be triple-rinsed; disposal options include pesticide incineration, approved landfills, recycling or crushing, depending on container type and pesticide residue.
- Recordkeeping: Pesticide registrants using non‑refillable containers need to keep records—such as container description, compliance documentation, and test data—for the container’s use duration plus three additional years.
These regulations implement federal law under FIFRA and RCRA, ensuring that pesticide handling and disposal practices reduce risks to people and the environment. Indiana has adopted these federal regulations under state laws.
View the full text of 40 CFR 165
Pesticide Worker Protection Standard
40 CFR 170 (Worker Protection Standard, or WPS) safeguards both agricultural workers and pesticide handlers on farms, nurseries, forests, and greenhouses. It requires:
- Safety training: Annually for all workers and handlers before entering treated areas or handling pesticides, covering hazards, protective equipment, decontamination, first aid, restricted-entry intervals, and emergency procedures.
- Notification & REI: Employers must inform workers about pesticide applications and enforce restricted-entry intervals, including designated application exclusion zones during spray operations (25–100 ft wide).
- Personal protective equipment (PPE): Employers must supply, maintain, and ensure proper use of PPE as specified on pesticide labels, and monitor its use.
- Decontamination & emergency assistance: Access to clean water, soap, towels, eyewash, and clear instructions for emergency medical care.
- Recordkeeping & label access: Employers must present safety information in a language workers understand and retain training records for at least two years.
These federal standards, enforced by the EPA under FIFRA, aim to reduce pesticide-related illnesses and injuries by ensuring proper training, communication, and protective measures for agricultural personnel. Indiana has adopted these federal regulations under state laws.
View the full text of 40 CFR 170
Direct Supervision of Noncertified Applicators Using Restricted Use Pesticides
40 CFR 171.201 sets the federal direct-supervision requirements under which noncertified individuals (e.g., farm workers under 18 or uncertified staff) may legally apply restricted-use pesticides (RUPs), but only under a certified applicator’s guidance. Key provisions include:
- Certified Applicator Responsibilities: Must be knowledgeable of federal, state, and pesticide label requirements; certified in relevant categories; legally accountable for supervised applicators' actions.
- Noncertified Applicator Qualifications: Must be ≥18 years old (16 if an immediate-family minor under a private applicator’s supervision and not handling fumigants/aerial RUPs); complete annual safety training in the past year.
- Supervisory Requirements: Certified supervisor must ensure:
- Access to product labeling
- Proper PPE provided and worn
- Site- and pesticide-specific instructions understood
- Mixing and application equipment inspected daily
- Means for immediate communication (and in-person presence if required by label)
- Training & Recordkeeping: Supervisors must deliver or verify training using approved formats annually and maintain documentation of date, trainer, and trainee signature for at least two years.
40 CFR 171.201 formalizes safe and legal delegation of RUP applications, balancing workforce flexibility with robust oversight. Indiana has adopted these federal regulations under state laws.