1. (a) The state chemist may file a claim in accordance with subsection (b) to condemn any pesticide product that is:

   1. (1) distributed, sold, or offered for sale in Indiana; or

   2. (2) delivered for transportation or transported:

      1. (A) in intrastate commerce; or

      2. (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.

2. (b) A claim may be filed under subsection (a) if:

   1. (1) the pesticide product is adulterated or misbranded;
   2. (2) the pesticide product has not been registered under section 61 or 62 of this chapter;
   3. (3) the pesticide product fails to bear on its label the information required by this chapter;
   4. (4) the pesticide product is a white powder pesticide product and is not colored as required under this chapter; or

   5. (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.