Title 15, TITLE 15. AGRICULTURE AND ANIMALS

Sec. 11. As used in this chapter, "mineral feed" means a commercial feed, the primary purpose of which is to supply mineral elements or inorganic nutrients. [Pre-2008 Recodification Citation: 15-5-13-1(12).] As added by P.L.2-2008, SEC.10. Amended by P.L.99-2012, SEC.25.

Sec. 12. As used in this chapter, "official sample" means a sample of feed taken by the state chemist or the chemist's agent in accordance with section 35(c) or 36 of this chapter. [Pre-2008 Recodification Citation: 15-5-13-1(13).] As added by P.L.2-2008, SEC.10.

Sec. 13. As used in this chapter, "percent" or "percentage" means percentage by weight. [Pre-2008 Recodification Citation: 15-5-13-1(14).] As added by P.L.2-2008, SEC.10.

Sec. 14. As used in this chapter, "person" includes individuals, partnerships, limited liability companies, corporations, and associations. [Pre-2008 Recodification Citation: 15-5-13-1(15).] As added by P.L.2-2008, SEC.10.

Sec. 15. As used in this chapter, except as provided in section 18 of this chapter, "pet" means a dog or cat. [Pre-2008 Recodification Citation: 15-5-13-1(16).] As added by P.L.2-2008, SEC.10. Amended by P.L.99-2012, SEC.26.

Sec. 16. As used in this chapter, "pet food" means a commercial feed prepared and distributed for consumption by dogs or cats. [Pre-2008 Recodification Citation: 15-5-13-1(17).] As added by P.L.2-2008, SEC.10.

Sec. 17. As used in this chapter, "product name" means the name of the commercial feed that: (1) identifies it as to kind, class, or specific use; and (2) distinguishes it from all other products bearing the same brand name. [Pre-2008 Recodification Citation: 15-5-13-1(18).] As a…

Sec. 17.5. As used in this chapter "raw milk" means any milk or milk product, including butter, yogurt, cottage cheese, and cheese, from any species other than humans, that has not been pasteurized according to processes recognized by the United States Food and Drug Administratio…

Sec. 18. As used in this chapter, "specialty pet" means a domesticated animal normally maintained in a cage or tank, including a gerbil, hamster, bird, fish, snake, and turtle. [Pre-2008 Recodification Citation: 15-5-13-1(19).] As added by P.L.2-2008, SEC.10. Amended by P.L.99-20…

Sec. 19. As used in this chapter, "specialty pet food" means a commercial feed prepared and distributed for consumption by specialty pets. [Pre-2008 Recodification Citation: 15-5-13-1(20).] As added by P.L.2-2008, SEC.10.

Sec. 2.5. As used in this chapter, "contract feeder" means a person who: (1) is an independent contractor; (2) feeds commercial feed to animals under a contract where the commercial feed is supplied, furnished, or otherwise provided to the person; and (3) receives remuneration th…

Sec. 20. As used in this chapter, "ton" means a net weight of two thousand (2,000) pounds avoirdupois. [Pre-2008 Recodification Citation: 15-5-13-1(21).] As added by P.L.2-2008, SEC.10.

Sec. 21. This chapter shall be administered by the state chemist. [Pre-2008 Recodification Citation: 15-5-13-2.] As added by P.L.2-2008, SEC.10.

Sec. 22. The state chemist may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter. [Pre-2008 Recodification …

Sec. 24. (a) A person who manufactures a commercial feed or whose name appears on the label of a commercial feed may not distribute the commercial feed in Indiana without a commercial feed license issued by the state chemist on a form provided by the state chemist. (b) An out-of-…

feed license Sec. 25. (a) The state chemist may refuse to issue a license to any manufacturer or distributor who is not in compliance with this chapter. (b) The state chemist may revoke or suspend a commercial feed license that is not in compliance with this chapter. (c) The stat…

Sec. 26. A commercial feed, except a customer formula feed, must be accompanied by a label bearing the following information: (1) The quantity statement. (2) The product name and the brand name, if any, under which the commercial feed is distributed. (3) The guaranteed analysis, …

Sec. 27. Customer formula feed must be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information: (1) Name and address of the manufacturer. (2) Name and address of the purchaser. (3) Date of delivery. (4) The product name and bra…

Sec. 28. A commercial feed is considered misbranded if any of the following conditions exist: (1) Its labeling is false or misleading in any particular. (2) It is distributed under the name of another commercial feed. (3) It is not labeled as required by section 26 or 27 of this …

Sec. 29. A commercial feed is considered adulterated if it meets any of the following conditions: (1) It bears or contains a poisonous or deleterious substance that may render it injurious to health. However, if the substance is not an added substance, the commercial feed is not …

Sec. 3. As used in this chapter, "customer formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is mixed to meet the request of the final purchaser that the mixture contain a specific content of ingredients, n…

Sec. 30. (a) A distributor shall pay to the state chemist an inspection fee at the rate of forty cents ($0.40) per ton on all commercial feeds distributed into or within Indiana, subject to the following: (1) No fee shall be paid on a commercial feed if the payment has been made …

Sec. 31. (a) Except as provided in subsection (b), a distributor who is liable for the payment of the tonnage inspection fee under section 30 of this chapter shall file quarterly tonnage reports setting forth the number of net tons of commercial feeds distributed in Indiana durin…

Sec. 32. (a) Each person required to pay an inspection fee or to report under this chapter shall keep records that are necessary or required by the state chemist to accurately indicate the tonnage of commercial feed or the number of small packaged pet and specialty pet products d…

Sec. 33. (a) Fees collected by the state chemist under this chapter shall be paid to the treasurer of Purdue University. The board of trustees of Purdue University shall expend the money received under this section on proper vouchers in meeting all necessary expenses in carrying …

Sec. 34. (a) Subject to subsection (b), and in the manner provided by IC 4-22-2, the state chemist may adopt: (1) rules for commercial feeds, pet foods, and specialty pet foods as specifically authorized in this chapter; and (2) other reasonable rules necessary for the efficient …

manufacturers and distributors Sec. 34.5. (a) The state chemist may: (1) inspect; and (2) on the request of a commercial feed manufacturer or distributor, audit and certify; commercial feed manufacturers and distributors that export commercial feed. (b) The state chemist may adop…

of inspection Sec. 35. (a) Upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, officers or employees designated by the state chemist may: (1) during normal business hours, enter: (A) a factory, warehouse, or establishment in In…

Sec. 36. (a) For the purpose of the enforcement of this chapter, the state chemist or the state chemist's agent may enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, and to obtain samples and examine re…

Sec. 37. If the owner of a factory, warehouse, or establishment described in section 35(a) of this chapter or the owner's agent refuses to admit the state chemist or the state chemist's agent to inspect in accordance with section 35(a) and 35(b) of this chapter, the state chemist…

Sec. 38. If the state chemist or the state chemist's agent has reasonable cause to believe that a lot of commercial feed is being distributed in violation of this chapter or a rule adopted under this chapter, the state chemist or agent may issue and enforce a written or printed "…

procedure Sec. 39. A lot of commercial feed that is not in compliance with this chapter or a rule adopted under this chapter is subject to seizure on complaint of the state chemist to a court with jurisdiction in the area in which the commercial feed is located. If the court find…

Sec. 4. As used in this chapter, "distribute" means to: (1) offer for sale, sell, exchange, or barter a commercial feed, or otherwise supply a commercial feed; or (2) supply, furnish, or otherwise provide commercial feed to a contract feeder. [Pre-2008 Recodification Citation: 15…

Sec. 40. A person commits a Class A infraction if the person knowingly engages in any of the following: (1) The manufacture or distribution of a commercial feed that is adulterated or misbranded. (2) The adulteration or misbranding of a commercial feed. (3) The distribution of ag…

Sec. 41. A person who impedes, hinders, or otherwise prevents the state chemist or the state chemist's agent in performance of the state chemist's duty under this chapter commits a Class C infraction. [Pre-2008 Recodification Citation: 15-5-13-18.] As added by P.L.2-2008, SEC.10.…

penalties Sec. 42. This chapter does not require the state chemist or the state chemist's agent to: (1) report for prosecution; (2) institute seizure proceedings; or (3) issue a withdrawal from distribution order; as a result of minor violations of the chapter if the state chemis…

Sec. 43. A prosecuting attorney to whom a violation of this chapter or a rule adopted under this chapter is reported shall consider the institution and prosecution of appropriate proceedings in a court with jurisdiction without delay. However, before the state chemist reports a v…

Sec. 44. The state chemist may apply for and the appropriate court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or a rule adopted under this chapter, notwithstanding the existence of other remedies at la…

Sec. 45. A person adversely affected by an act, an order, or a ruling made under this chapter, other than the penalty provisions of this chapter, may not later than forty-five (45) days after the date of the act, order, or ruling bring an action in a court with jurisdiction for j…

Sec. 46. A person who recklessly uses to the person's own advantage or recklessly reveals to persons other than the state chemist, an agent of the state chemist, or to the courts when relevant in any judicial proceeding any information acquired under this chapter concerning any m…

Sec. 5. As used in this chapter, "distributor" means a person who distributes. [Pre-2008 Recodification Citation: 15-5-13-1(6).] As added by P.L.2-2008, SEC.10.

Sec. 6. As used in this chapter, "drug" means: (1) an article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; or (2) an article other than feed intended to affect the structure or any function of the animal bo…

Sec. 7. As used in this chapter, "feed ingredient" means each of the constituent materials making up a commercial feed. [Pre-2008 Recodification Citation: 15-5-13-1(8).] As added by P.L.2-2008, SEC.10.

Sec. 8. As used in this chapter, "label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed. [Pre-2008 Recodification Cita…

Sec. 9. As used in this chapter, "labeling" means all labels and other written, printed, or graphic matter: (1) upon a commercial feed or its containers or wrappers; or (2) accompanying a commercial feed. [Pre-2008 Recodification Citation: 15-5-13-1(10).] As added by P.L.2-2008, …

enforcement power Sec. 1. (a) The board may enforce this article when the board determines that sufficient funds have been deposited in the commercial dog breeder and broker fund to permit enforcement. (b) In enforcing this article, the board may: (1) seek injunctive relief; (2) …