TITLE 355 STATE CHEMIST OF THE STATE OF INDIANA

Amends 355 IAC 4-0.5-2 to include users of any product regulated under IC 15-16-5 in the definition of "licensed applicator for hire". Amends 355 IAC 4-0.5-4 to include employees of nonprofit organizations in the definition of "licensed public applicator". Amends 355 IAC 4-1-1.1 and 355 IAC 4-1-4 to make legal citation references consistent with amendments to IC 15-16-5. Amends 355 IAC 4-2-1 through 355 IAC 4-2-3 and 355 IAC 4-2-5 to add reference to both fertilizers and pesticides regulated under IC 15-16. Amends 355 IAC 4-2-8 to eliminate reference to an outdated registration fee that was replaced through amendments to IC 15-16-5. Amends 355 IAC 4-7-2 to add reference to category 14 continuing certification hour requirements. Effective 30 days after filing with the Publisher.

SECTION 1. 355 IAC 4-0.5-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16

Sec. 2. "Licensed applicator for hire" means any licensed certified commercial applicator who is:

SECTION 2. 355 IAC 4-0.5-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-5

Sec. 4. (a) "Licensed public applicator" means a licensed certified commercial applicator who, as an employee of a state agency, municipal corporation, or other governmental agency, or nonprofit organization, uses or supervises the use of:

(b) The term does not include the following:

SECTION 3. 355 IAC 4-1-1.1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-5-7

Sec. 1.1. (a) Completing the certification requirements as a commercial applicator (IC 15-3-3.6-2(7)) (IC 15-16-5-7) shall be a qualifying requirement for each of the licenses defined in 355 IAC 4-0.5.

(b) An individual who is employed as a licensed applicator at more than one (1) business location or agency at the same time shall:

SECTION 4. 355 IAC 4-1-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-4-51; IC 15-16-5

Sec. 4. The requirements for (a) Initial certification of as a private applicators (IC 15-3-3.5-1(6)) applicator (IC 15-16-4-51) shall be require an individual to pass the same written closed book exams as those described for commercial applicators in section 2.1 of this rule, except that the state chemist shall determine which commercial applicator examination will be considered appropriate for the private applicator's proposed use of pesticides.

(b) Certification and the permit for private applicators shall remain valid from the date of passing the examination and paying the permit fee through December 31 of the fourth year following the year during which the examination was passed.

SECTION 5. 355 IAC 4-2-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-5-36

Sec. 1. The following definitions apply throughout this rule:

SECTION 6. 355 IAC 4-2-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-5-49

Sec. 2. Pesticides or fertilizers may be used by a noncertified person working under the direct supervision of a certified applicator. All persons conducting use of pesticides or fertilizers for hire by aerial application shall be certified.

SECTION 7. 355 IAC 4-2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-5

Sec. 3. The supervising certified applicator shall be physically present as defined in section 1(2)(A) of this rule if the:

SECTION 8. 355 IAC 4-2-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-5

Sec. 5. The requirements for direct supervision of noncertified individuals shall apply to the use of the following:

SECTION 9. 355 IAC 4-2-8 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-5-60

Sec. 8. (a) To become a registered technician, an individual must do the following:

(b) Registration shall remain in force from the date of passing the examination through December 31 of the fourth year following the year during which the examination was passed unless revoked or suspended.

(c) The registration period may be extended indefinitely for an additional five (5) years if the registered technician accumulates at least eight (8) continuing registration credits by attending at least two (2) state chemist approved continuing registration programs while the registration is in force.

(d) Annual registration credentials shall expire on December 31 unless renewed by a payment of a thirty dollar ($30) the renewal fee by that date. Renewal after December 31 shall include a late fee of thirty dollars ($30) as established by IC 15-3-3.6-12.1 IC 15-16-5-60 in addition to the thirty dollar ($30) renewal fee.

(e) The registration credential shall be in the possession of the registered technician at all times the technician is at a work site as defined in section 1(4) of this rule.

SECTION 10. 355 IAC 4-7-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 15-16-2; IC 15-16-5

Sec. 2. (a) Certification renewal of commercial applicators shall be accomplished by the applicator completing one (1) of the following:

(b) The minimum number of CCHs required for renewal of each category is as follows:

Category 1	20 CCHs
Category 2	10 CCHs
Category 3a	15 CCHs
Category 3b	20 CCHs
Category 4	10 CCHs
Category 5	15 CCHs
Category 6	15 CCHs
Category 7a	20 CCHs
Category 7b	15 CCHs
Category 7d	20 CCHs
Category 8	15 CCHs
Category 11	20 CCHs
Category 12	10 CCHs
Category 13	10 CCHs
Category 14	3 CCHs

(c) A commercial applicator can accumulate CCHs only in the categories in which the applicator is certified at the time of participating in the training.

(d) A commercial applicator can accumulate a maximum of one-half (1/2) of the number of CCHs required in subsection (b) at any one (1) training program.

(e) CCHs accumulated by a commercial applicator in excess of the number of CCHs required in subsection (b) shall not be carried forward to the next certification period.

(f) Renewed certification shall remain in force through December 31 of the fifth year following renewal unless revoked or suspended prior to that date.

DIN: 20121226-IR-355120517FRA

Composed: Apr 18,2024 8:18:56AM EDT

A PDF version of this document.