Sec. 74. (a) The state chemist may file a claim in accordance with subsection (b) to condemn any pesticide product that is:
(1) distributed, sold, or offered for sale in Indiana; or
(2) delivered for transportation or transported:
(A) in intrastate commerce; or
(B) between points;
within Indiana through any point outside Indiana;
in any court with jurisdiction in any county of the state where the product is found and seized.
(b) A claim may be filed under subsection (a) if:
(1) the pesticide product is adulterated or misbranded;
(2) the pesticide product has not been registered under section 61 or 62 of this chapter;
(3) the pesticide product fails to bear on its label the information required by this chapter;
(4) the pesticide product is a white powder pesticide product and is not colored as required under this chapter; or
(5) any of the claims made for the pesticide product or any of the directions for its use differ in substance from the representations made in connection with its registration.
[Pre-2008 Recodification Citation: 15-3-3.5-26.]
As added by P.L.2-2008, SEC.7.