Section 15-16-5-69 - Inspections; search warrant; prosecution; injunction(a) The state chemist may enter upon any public or private property at reasonable times to do the following: (1) Observe the use and application of a pesticide product.(2) Inspect equipment subject to this chapter.(3) Inspect and sample property actually or reported to be exposed to pesticide products.(4) Inspect storage or disposal areas.(5) If the state chemist or the state chemist's agent has reasonable suspicion of a violation of this chapter by a person who distributes or uses a pesticide product, inspect or investigate complaints of injury to humans or property.(6) Sample pesticide products being produced, distributed, transported, stored, disposed, or used or to be used.(7) Inspect, copy, and receive copies of pesticide product production, sale, distribution, purchase, use, storage, and disposal records, including confidential business information. However, the person who retains the records may defer access to the records by the state chemist or the state chemist's agent if access is granted by the person not more than ten (10) days after the initial request for records. Confidential business information obtained under this subdivision is confidential for purposes of IC 5-14-3-4(a).(b) The state chemist may, upon showing a need, apply to any court with jurisdiction for a search warrant authorizing access to the property. The court may, after receiving the application and finding a need, issue the search warrant for the purposes requested.(c) A prosecuting attorney to whom a violation of this chapter is reported may institute and prosecute the violation in a court with jurisdiction of that county without delay. The state chemist may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction may be issued without bond.Pre-2008 Recodification Citation: 15-3-3.6-18.
Amended by P.L. 29-2024,SEC. 58, eff. 7/1/2024.Amended by P.L. 99-2012, SEC. 19, eff. 7/1/2012.As added by P.L. 2-2008, SEC.7. Amended by P.L. 120-2008, SEC.83.