Section 357 IAC 1-6-1 - DefinitionsAuthority: IC 15-16
Affected: IC 15-16-4; IC 15-16-5
Sec. 1.
The following definitions apply throughout this rule:
(1) "Adulterated" means a product as described in IC 15-16-4-3.(2) "Board" means the Indiana pesticide review board created by IC 15-16-4-42.(3) "Bulk pesticide" means a pesticide as described in IC 15-16-4-7.(4) "Distribute" means to distribute a product, as described in IC 15-16-4-11.(5) "Labeling" means all products labels and written, printed, or graphic material as described in IC 15-16-4-24.(6) "Legal citation" means the Indiana Code (IC) or the Indiana Administrative Code (IAC) section or subsection cited on the schedule to describe the relevant portion of a pesticide law or rule that has been violated.(7) "Misbranded" means a product as described in IC 15-16-4-25.(8) "Per day" means the method to be utilized for determining the civil penalty to be assessed for a violation that is of a continuing nature but may be the result of one (1) distinguishable act or failure to act. The violation number shall remain the same when assessing civil penalties for multiple counts of violation on a per day basis.(9) "Per incident" means the method to be utilized for determining the violation number for a violation that is usually not of a continuing nature and is the result of a separate and distinguishable act or failure to act. Violations involving separate and distinguishable acts may be assigned accumulating violation numbers.(10) "Per person" means the method to be utilized for determining the civil penalty to be assessed for a violation that may involve more than one (1) person. The violation number shall remain the same when assessing civil penalties on a per person basis.(11) "Per product" means the method to be utilized for determining the violation number for a violation that may involve more than one (1) different product. Violations involving multiple products will be assigned accumulating violation numbers.(12) "Person" has the meaning set forth in IC 15-16-4-28.(13) "Per year" means the method to be utilized for determining the violation number for a violation that may be documented on several dates or at several locations but is the result of one (1) distinguishable act or failure to act.(14) "Product" means pesticide product as defined in IC 15-16-4-33.(15) "Schedule" means the civil penalty schedule required by IC 15-16-4-69 and IC 15-16-5-66 and as specified in section 2 of this rule.(16) "State chemist" means the Indiana state chemist or his or her appointed agent.(17) "Violation assessment" means the scheme to be utilized for determining the violation number and the count of violations eligible to be assessed civil penalties on the schedule. This scheme includes the concept of assessing civil penalties on a per incident, per day, per product, and per year basis as indicated on the schedule.Indiana Pesticide Review Board; 357 IAC 1-6-1; filed Jan 9, 1992, 3:00 p.m.: 15 IR 706; readopted filed Oct 29, 2001, 4:41 p.m.: 25 IR 936; filed Jan 7, 2005, 2:15 p.m.: 28 IR 1689; readopted filed Nov 18, 2011, 1:21 p.m.: 20111214-IR-357110572RFA; filed Nov 28, 2012, 2:49 p.m.: 20121226-IR-357120513FRAReadopted filed 12/1/2017, 9:25 a.m.: 20171227-IR-357170359RFA