Legislative Issues

Take Action Today on HB 1119:

ACI President Amy Cornell has an important message to share regarding HB 1119 which is now in the Indiana Senate.  Please watch this video at your earliest convenience.  

After viewing, we ask that you use this link to find your State Senator.  There will be a link to email him/her to the left of his/her picture. Copy and paste the verbiage provided below and send an email to your Senator as soon as possible. Thank you!!  It is with your help that we will be able to move this bill through the Senate.

Email verbiage:  

As a member of the Agribusiness Council of Indiana, I am asking for your support of HB 1119. It provides much needed certainty and transparency for retail agribusiness and Indiana farmers, as well as the tools that OISC needs to deter bad actors.  Current civil penalties are not high enough to change the behavior of some violators. The changes in HB 1119 would help to reduce or stop off target movement of pesticides and preserve our ability to utilize current crop protection technologies. 

Currently, the Office of the Indiana State Chemist (OISC) develops guidance documents, reviewed by the Indiana Pesticide Review Board, regarding enforcement actions for pesticide violations. FY 2019 policy established a three strikes response to off-target movement violations which would result in a license suspension following a third off-target violation over a five-year lookback period. Under current law, civil penalties for violations cannot exceed $100 for private applicators or $1,000 (for 3+ violations) for commercial applicators.

HB 1119 would shift from fluid guidance documents and maximum civil penalties to a matrix that will be applied to use violations and determine the resulting administrative action or civil penalty imposed. The HB 1119 matrix utilizes five criteria in evaluating a violation:

  1. Harm or loss incurred
  2. General or restricted use
  3. Degree of responsibility
  4. Violator’s history for the previous three years
  5. Violation type (application and product oriented)

Points are assessed under each of these criteria as applicable. The total number of points for that violation determines the action from OISC. This action increases in severity for the violator in accordance with the severity of the violation.  With HB 1119, guidance would be outlined in the law rather than the current system where OISC has full discretion to determine the civil penalty for use violations and is only limited by the penalty cap. The Indiana General Assembly is the appropriate policy making body to determine how to tier civil penalties.

This proposed framework provides a clear, consistent framework for the OISC response to violations and incidents of non-compliance that is in alignment with the severity and frequency of violations. We respectfully ask for your support of HB 1119.

To view ACI's 2019 legislative priorities, click here.