Title 15, TITLE 15. AGRICULTURE AND ANIMALS

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) …

Sec. 1. The director or the director's designee shall, at least one (1) time each year, inspect and test all equipment used to test: (1) the moisture; and (2) the foreign material and dockage; content of grain purchased, sold, or exchanged in Indiana. [Pre-2008 Recodification Cit…

Sec. 2. Each piece of equipment that is tested under this chapter and found to be accurate according to rules or standards prescribed by the National Institute of Standards and Technology, the United States Department of Agriculture, and the department must bear a seal issued by …

Sec. 3. (a) The director or the director's designee shall charge each inspection site a two hundred dollar ($200) fee for each moisture testing device inspected at the inspection site under this chapter. (b) All fees collected under this section must be deposited in the grain buy…

Sec. 4. Money is appropriated to the department to carry out this chapter. [Pre-2008 Recodification Citation: 4-4-27-4.] As added by P.L.2-2008, SEC.2.

Sec. 5. The department may adopt rules under IC 4-22-2 to administer this chapter. [Pre-2008 Recodification Citation: 4-4-27-5.] As added by P.L.2-2008, SEC.2.

Sec. 6. The department may: (1) employ persons; (2) make expenditures; (3) require reports and records; (4) make investigations; and (5) take other action; that the department considers necessary or suitable for the proper administration of this chapter. [Pre-2008 Recodification …

Sec. 7. A copy of this chapter and the rules adopted under this chapter must be posted in a conspicuous manner at every commercial grain buying site. [Pre-2008 Recodification Citation: 4-4-27-7.] As added by P.L.2-2008, SEC.2.

Sec. 8. A person who recklessly uses equipment: (1) to ascertain the moisture and the foreign material and dockage content of grain in the process of commercial buying or selling of grain; and (2) that does not bear the seal required by section 2 of this chapter; commits a Class …

Sec. 1. The state fair fund is established. [Pre-2008 Recodification Citation: 15-1.5-7-1.] As added by P.L.2-2008, SEC.4.

Sec. 2. The commission shall administer the fund. [Pre-2008 Recodification Citation: 15-1.5-7-2.] As added by P.L.2-2008, SEC.4.

Sec. 3. (a) The fund consists of the following: (1) Revenue from the property tax imposed under IC 15-13-9 (repealed) before January 1, 2009. (2) Appropriations made by the general assembly. (3) Interest accruing from investment of money in the fund. (4) Certain proceeds from the…

Sec. 4. (a) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. (b) Interest that accrues from investments of the fund shall be deposited in the fund. [Pre-200…

Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund. [Pre-2008 Recodification Citation: 15-1.5-7-5.] As added by P.L.2-2008, SEC.4.

Sec. 6. The fund may be used to: (1) pay the expenses, including administrative expenses, of the commission; and (2) make lease payments under IC 15-13-10-11. [Pre-2008 Recodification Citation: 15-1.5-7-6.] As added by P.L.2-2008, SEC.4.

Sec. 7. The money in the fund is subject to allotment under IC 4-13-2-18. [Pre-2008 Recodification Citation: 15-1.5-7-7.] As added by P.L.2-2008, SEC.4.

Sec. 8. (a) The commission may deposit revenues not set forth in section 3 of this chapter in funds: (1) other than the fund; and (2) created under the commission's accounting system. (b) Funds created under the commission's accounting system are subject to audit by the state boa…

Sec. 9. The commission may use money in funds created under section 8 of this chapter for activities of the commission authorized under this article. [Pre-2008 Recodification Citation: 15-1.5-7-9.] As added by P.L.2-2008, SEC.4.

Sec. 1. All: (1) agricultural or horticultural societies; or (2) county fairs having a state charter; owning at least fifty (50) acres of real estate in fee simple may issue first mortgage bonds in a maximum amount of seventy-five percent (75%) of the value of the real estate uni…

Sec. 2. (a) Bonds issued under section 1 of this chapter: (1) are free from state tax; and (2) may not be issued for a period longer than the life of the charter of the society or fair. (b) The bonds may be sold at a price less than the par value if the action is endorsed by a fu…

Sec. 3. If bonds have been issued under section 1 of this chapter and there is a surplus in the treasury of the society or fair, funds not needed for improvements on the grounds must be used to retire the bonds. Bonds must be retired in the order of their seniority, and a clause …