Indiana HB 1361: Fertilizer.

Bill Text

Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1361
AN ACT to amend the Indiana Code concerning agriculture and
animals.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-11-2-79.5, AS ADDED BY P.L.189-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 79.5. "Fertilizer material", for purposes of
IC 13-18-4-5, has the meaning set forth in IC 15-16-2-11.
IC 15-16-1.5-28.
SECTION 2. IC 15-16-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 1.5. Fertilizer Definitions
Sec. 1. The definitions in this chapter apply to this chapter,
IC 15-16-2, IC 15-16-2.5, IC 15-16-2.7, IC 15-16-3, IC 15-16-3.3,
and IC 15-16-3.5.
Sec. 2. "Agricultural crop" means any plant or part of a plant,
produced primarily for sale, consumption, propagation, or other
use by humans or animals. The term does not include turf, trees, or
ornamental plants.
Sec. 3. "Agronomic rate" means a rate of application of
fertilizer material to the land based on the following:
(1) The nutrient content of the fertilizer material to be
applied.
(2) The fertility level of the soil.
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(3) The nutrient needs of the current or planned crops.
(4) The nutrient holding capacity of the soil.
(5) Additional sources of nutrients, including legume credits,
process wastewater, or biosolids.
(6) Reasonable nitrogen losses.
(7) Reasonable phosphorus levels.
Sec. 4. "Ammonium nitrate" means the ammonium salt of nitric
acid, which must contain not less than thirty-three percent (33%)
nitrogen, fifty percent (50%) of which is in the ammonium form
and fifty percent (50%) of which is in the nitrate form.
Sec. 4.5. "Animal feeding operation" or "AFO" means a lot or
facility, other than an aquatic animal production facility, where all
of the following conditions are met:
(1) Animals, other than aquatic animals, have been, are, or
will be stabled or confined and fed or maintained for a total
of forty-five (45) days or more in any twelve (12) month
period.
(2) Crops, vegetation, forage growth, or post-harvest residues
are not sustained in the normal growing season over at least
fifty percent (50%) of the lot or facility.
Sec. 5. "Appurtenance" means any:
(1) valve;
(2) pump;
(3) fitting;
(4) pipe;
(5) hose;
(6) metering device; or
(7) mechanical device;
that is connected to a storage container or is used to transfer a
material into or out of the storage container.
Sec. 6. "Aqua ammonia" means an aqueous solution of
anhydrous ammonia generally containing from eighteen percent
(18%) to thirty percent (30%) of ammonia (NH3) by weight and
having a vapor pressure usually varying from zero (0) to ten (10)
pounds per square inch gauge (psig) at one hundred four (104)
degrees Fahrenheit.
Sec. 7. (a) "Biosolid" means solid, semisolid, or liquid residue
generated during the treatment of domestic sewage (as defined in
327 IAC 6.1-2-16) in a treatment works (as defined in 327
IAC 6.1-2-57) including the following:
(1) Scum or solids removed in primary, secondary, or
advanced wastewater treatment processes.
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(2) A material derived from biosolid.
(3) An industrial waste product that contains domestic sewage
or material under subdivision (1) or (2).
(b) The term does not include:
(1) ash generated during the firing of a biosolid in a biosolid
incinerator; or
(2) grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
Sec. 8. "Blender" means a person or system engaged in the
business of blending commercial fertilizer.
Sec. 9. "Blending" means the physical mixing or combining:
(1) of one (1) or more commercial fertilizers and one (1) or
more filler materials;
(2) of two (2) or more commercial fertilizers; or
(3) of two (2) or more commercial fertilizers and filler
materials;
including mixing through the simultaneous or sequential
application of any of the combinations referred to in subdivision
(1), (2), or (3) to produce a uniform mixture.
Sec. 10. "Board" refers to the Indiana fertilizer advisory board
established by IC 15-16-2-25.
Sec. 11. "Brand" means a term, design, or trademark used in
co