Summary Data for Indiana Pesticide Law & Rule Development I N D I A N A P E S T I C I D E R E V I E W B O A R D M E E T I N G

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1 Summary Data for Indiana Pesticide Law & Rule Development I N D I A N A P E S T I C I D E R E V I E W B O A R D M E E T I N G DECEMBER 2, 2013

2 Pesticide Laws 1962 Herbicide Law -prohibit sale & use of volatile products -tomato industry 1971 Pesticide Product Registration Law -create Indiana Pesticide Review Board (IPRB) -evaluate & register pesticides -restrict distribution & use of problem pesticides 1975 Pesticide Use & Application Law -applicator competency & safe use -based on the AAPCO model bill

3 Pesticide Laws 1979 Pesticide Product Law (amended) add definition of bulk pesticide allow for repackaging of bulk pesticides change annual product registration fee: $25 to $40 add board members: 3 scientists 2 state agencies 1 commercial applicator change board quorum from 6 to 8

4 Pesticide Laws 1990 Product Registration Law (amended) expand pesticide product to include devices modify restricted use pesticide to include EPA list increase late product re-registration fee: 25% to 100% require CSF, test methods & standards to register products add board members: 1 from IDEM 1 additional farmer 2 additional commercial applicators add civil penalty authority & set max. penalties elevate violations: Class A infraction to C misdemeanor

5 Pesticide Laws 1990 Use & Application Law (amended) add pesticide consultant add registered technician made clear allowance for applicator re-certification by training change license expiration: March 31 to December 31 require private applicators pass exam for certification increase private applicator fee: $5 to $10 every 5 years increase late license fees: 25% to 100% add civil penalty authority & set max. penalties elevate violations: Class A infraction to C misdemeanor

6 Pesticide Laws 1996 Use & Application Law (amended) require wood infesting pest inspectors to be licensed eliminate required board approval of civil penalty for 1 st viol. elevate repeat unlicensed violation: Class C to A misdemeanor 1997 Product Registration Law (amended) exempt simple mechanical devices from registration

7 Pesticide Laws 2008 Both Product Registration & Use Laws re-codify to meet current format & numbering system reduce the board by 2 members: State Vet & Toxicologist allow board members to continue past term until replaced expand records inspection authority to pesticide production allow refill of less than 55 gal. containers provide for board review & hearing under the product law add violation for use of known ineffective pesticide amounts add violation for altering OISC issued credential add violation for preventing OISC from performing duty

8 Pesticide Laws 2009 Both Product Registration & Use Laws modify board ecologist member slots, eliminating doctorate clearly extend all law provisions to pesticide production extend inspection & enforcement authority to FIFRA req. eliminate consultant registration requirements eliminate license fees for not-for-profits extend for-hire business license requirement to lawn fertilizer applicators

9 Rules & Regulations 1976 certification procedures, supervision, insurance, RUP applicator record keeping 1977 sale & distribution of RUPs 1986 for-hire termite technician registration 1988 for-hire turf technician registration

10 Rules & Regulations 1990 for-hire lawn posting & notification 1991 storage & containment for bulk pesticides 1992 civil penalty schedule for violations 1999 consultant registration for recommenders 2003 storage & handling near public water supplies 2004 community-wide mosquito control applicator 2006 uniform off-target drift restrictions

11 Rules & Regulations 2009 no open burning of pesticide containers 2009 applicator recertification requirements 2009 provisions for use of service containers 2009 golf course applicator cert. & use records 2010 school applicator cert. & use requirements 2012 make methomyl (fly bait) products RUP

12 Notable Rule Revisions 2001 update bulk storage & containment (1991) clarify 30 day mobile mini-bulk containment exemption switch from design standard (inspection) to performance 2001 expand RUP dealer req. to virtual sites (1977) 2005 turf tech. std. from RT exam to core (1988) 2005 for hire termite application (1986) add customer notification for less than label applications delete experience requirement in favor of mandatory training 2006 update & clarify cert. categories & stds. (1976)

13 Notable Rule Revisions 2010 add termite pre-treat advance notif. (2005) 2012 general OISC rules (article) clean-up 2012 general IPRB rule (article) clean-up (1992) combine two civil penalty rules into one rule add pesticide product & FIFRA violations to penalty schedule 2012 clarify & increase insurance req. for business license (1976)

14 Current Mission Statement Protecting Indiana citizens and the environment from unauthorized, hazardous, ineffective and improperly formulated pesticide products and devices; from excessive and unacceptable exposure to pesticides by unqualified users; and from pesticide injury by gaining compliance with federal and state pesticide laws.

15 Values, Philosophies & Core Beliefs Fair & impartial Reasonable Professional Courteous Consistent Level regulatory playing field for all Educate first then regulate when needed Rely on science for decisions if possible

16 The End QUESTIONS?