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ACTION ORDER


Subject to I.C. 15-16-4-77 and I.C. 15-16-5-70, any person who knowingly violates the terms or provisions of this ORDER commits a Class C misdemeanor, punishable by a fine of up to $500.00 and sixty (60) days in jail. In accordance with I.C. 15-16-4-64.5 and I.C. 15-16-5-67, a person aggrieved by an ORDER may obtain a review by the Indiana Pesticide Review Board, if the person files a written petition with the board not later than thirty (30) days after issuance of this ORDER by e-mailing scottde@purdue.edu.

The ACTION ORDER (located for download at the bottom of this page) is an order from the Office of Indiana State Chemist (OISC) to cease the non-compliant activity immediately. Guidance on steps to take to correct the observed non-compliance can be found below. Please note that any corrective steps taken immediately to address the non-compliant conditions may by considered as a mitigating factor in any associated enforcement action.

 

  1. Stop offering pesticide product(s) for sale until the product(s) is registered by OISC. Instructions for registering a pesticide product is available at: https://oisc.purdue.edu/pesticide/pesticide_products.html

  2. Stop offering restricted use pesticides (RUPs) for sale until your business location is registered by OISC as a Restricted Use Pesticide Dealer. Instructions for registering as a RUP Dealer are available at: https://oisc.purdue.edu/pesticide/restricted_use_pesticide_dealers.html

  3. Stop storing bulk pesticides at this location until the indicated bulk storage requirements have been met. Instructions for compliance with the bulk storage and containment rules are available at: https://oisc.purdue.edu/pesticide/pdf/bulk_storage_containment_summary.pdf  (pdf, 33kb)

  4. Stop refilling the identified portable refillable containers (PRCs/minibulks) until all U.S. EPA requirements are met. Instructions for refilling PRCs are available at: https://oisc.purdue.edu/pesticide/pdf/refillable_container_requirements.pdf  (pdf, 112kb)

  5. Stop advertising or making pesticide applications for hire until your business location is credentialed by OISC as a Licensed Pesticide Business. Instructions for licensing your business are available at: https://oisc.purdue.edu/pesticide/how_do_i_pbl.html

  6. Stop performing wood destroying pest inspections for hire until your business is licensed by OISC in Category 12. Instructions for licensing your business are available at: https://oisc.purdue.edu/pesticide/12.html

  7. Stop pesticide applications on school property until you obtain a Pesticide Applicator License from OISC. Instructions for applicator licensing are available at: https://oisc.purdue.edu/pesticide/how_do_i_ca.html

  8. Stop pesticide applications on your school property until the school and any related pesticide applicators are in compliance with the legal requirements for applicator certification, advance notification of application, application record keeping, and application restrictions. Instructions for compliance with the requirements in the "School Rule" are available at: https://oisc.purdue.edu/pesticide/pest_use_at_school.html

  9. Stop pesticide applications on your golf course until you can obtain a Category 3b (Turf Management) Pesticide Applicator License from OISC. Instructions for Category 3b applicator licensing are available at: https://oisc.purdue.edu/pesticide/3b.html

  10. Stop pesticide or fertilizer applications for hire until you obtain a Registered Technician (RT) credential from OISC. Instructions for obtaining a RT credential are available at: https://oisc.purdue.edu/pesticide/registered_technician.html

  11. Stop pesticide or fertilizer applications for hire until the indicated direct supervision requirements have been met. Instructions for direct supervision requirements are available at: https://oisc.purdue.edu/pesticide/supervision_app_tech.html

  12. Stop advertising or making pesticide applications in a category for which you or you business are not currently licensed. Instructions for obtaining certification and licensing in the additional category are available at: https://oisc.purdue.edu/pesticide/continuing_certification_program.html#categories