Title 15, AGRICULTURE AND ANIMALS

Sec. 43. (a) The state chemist may: (1) cancel the registration of any brand of commercial fertilizer; or (2) refuse to register any brand of commercial fertilizer in accordance with this chapter; if the state chemist receives satisfactory evidence that the registrant has used fr…

Sec. 44. (a) The state chemist may adopt rules under IC 4-22-2 concerning the following: (1) The distribution and use of fertilizer material, including standards to protect waters of the state. (2) The distribution and storage of bulk fertilizers, including standards for the stor…

Sec. 44.5. (a) The state chemist shall pay to the treasurer of Purdue University all certification and educational program fees collected under IC 15-16-2.5-14. (b) Certification and educational program fees collected under IC 15-16-2.5-14 must be used to pay all necessary expens…

Sec. 44.7. The state chemist shall deposit all money collected for civil penalties under this chapter into an account for the Purdue Pesticide Programs for the purpose of providing education about fertilizers. As added by P.L.98-2026, SEC.36.

Sec. 45. The state chemist may allow the use of technologies or methods other than those specified in the administrative rules adopted by the state chemist under section 44 of this chapter if the technologies or methods provide substantially similar protection to the waters of th…

Sec. 46. (a) If the state chemist determines that a commercial fertilizer is being offered for sale in violation of this chapter, the state chemist may issue to and enforce upon the owner or custodian: (1) a written or printed stop sale, use, or removal order; and (2) a written o…

Sec. 47. (a) Any commercial fertilizer not in compliance with this chapter is subject to seizure based on a complaint of the state chemist filed in a court with jurisdiction in the area in which the commercial fertilizer is located. (b) Subject to subsection (a), if the court fin…

Sec. 49. The state chemist may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule adopted under this chapter. The injunction shall be issued without bond. The remedies under this subsection are sup…

Sec. 49.5. (a) If a person violates this chapter or a rule adopted under this chapter, the state chemist may: (1) warn, issue a citation to, or impose a civil penalty on the person; (2) deny, suspend, revoke, or amend the person's registration under this chapter; (3) refer the pe…

Sec. 49.6. The schedule of civil penalties for violations of this chapter are as follows: (1) Each penalty for each violation, if the violation is of a continuing nature, shall not be imposed for more than one hundred eighty (180) days when assessed on a per day basis. (2) Each p…

Sec. 49.7. For purposes of imposing civil penalties under this chapter, the state chemist shall comply with the following when determining the violation number and the count of violations: (1) Only violations committed within the immediate past five (5) years of the date of the v…

Sec. 49.8. (a) Except as provided in section 49.6 of this chapter, the amount of a civil penalty in section 49.6 of this chapter may be adjusted downward to reflect particular mitigating factors. Some factors that may be considered are the following: (1) Good faith efforts of the…

Sec. 50. (a) Except as provided in subsection (b), a political subdivision (as defined in IC 36-1-2-13) does not have authority to regulate by ordinance the storage or use of fertilizer material. (b) A political subdivision may, by resolution, petition the state chemist for a hea…

Sec. 1. The definitions in this chapter apply throughout this article. [Pre-2008 Recodification Citation: 15-2.1-2-1(a).] As added by P.L.2-2008, SEC.8.

Sec. 10. "Bulk milk hauler/sampler" means a person who does the following: (1) Collects official samples. (2) May transport raw milk in bulk form. (3) Transports milk to or from a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.2.…

Sec. 100. "Transport vehicle" means a vehicle used for transporting: (1) dead animal bodies; (2) nonedible byproducts from the slaughtering of animals and poultry; or (3) restaurant grease. [Pre-2008 Recodification Citation: 15-2.1-2-52.] As added by P.L.2-2008, SEC.8.…

Sec. 101. "Tuberculosis" means tuberculosis in an animal. [Pre-2008 Recodification Citation: 15-2.1-2-53.] As added by P.L.2-2008, SEC.8.

Sec. 102. "Veterinarian" means a person authorized by law to practice veterinary medicine. [Pre-2008 Recodification Citation: 15-2.1-2-54.] As added by P.L.2-2008, SEC.8.

Sec. 11. "Bulk milk pickup tanker" means a vehicle, including the truck, tank, and associated equipment necessary for its use, used by a bulk milk hauler/sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer statio…

Sec. 12. "Bulk milk route" means a group of dairy farms from which milk is collected in a bulk milk pickup tanker and transported to a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.4.] As added by P.L.2-2008, SEC.8.

Sec. 13. "Can milk hauler" or "cream hauler" means a person who transports raw fluid milk in cans to a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.5.] As added by P.L.2-2008, SEC.8.

Sec. 14. "Can milk route" means a group of dairy farms from which milk is collected in milk cans and transported to a milk plant, receiving station, or transfer station. [Pre-2008 Recodification Citation: 15-2.1-2-9.6.] As added by P.L.2-2008, SEC.8.

Sec. 15. "Capable of use as human food" means any livestock or poultry carcass or part or product of a livestock or poultry carcass, unless the carcass or part or product of the carcass is: (1) denatured or identified as not for human food as required by rules adopted by the boar…

Sec. 16. "Certificate" and "certificate of veterinary inspection" means an official document issued by a state or federal representative or an accredited veterinarian that records a veterinary inspection of an animal, statements about the health of an animal, tests conducted on a…

Sec. 17. "Certified brucellosis free herd" means a herd that is certified as free from brucellosis as defined by rules of the board and regulations of the United States Department of Agriculture made under any cooperative agreement authorized by this article. [Pre-2008 Recodifica…

Sec. 17.5. "Cervidae", for purposes of IC 15-17-14.5 and IC 15-17-14.7, means privately owned members of the cervidae family, including deer, elk, moose, reindeer, and caribou. As added by P.L.89-2016, SEC.12.

Sec. 18. "Color additive" has the meaning set forth in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). [Pre-2008 Recodification Citation: 15-2.1-2-10.5.] As added by P.L.2-2008, SEC.8.

Sec. 19. "Commerce" means commerce within Indiana. [Pre-2008 Recodification Citation: 15-2.1-2-10.7.] As added by P.L.2-2008, SEC.8.

Sec. 2. "Adulterated" means a food product that meets any of the following descriptions: (1) The product bears or contains a poisonous or deleterious substance that may make the product injurious to health. However, if the substance is not an added substance, the product is not c…

Sec. 20. "Concentration point" means a licensed place of business under IC 15-17-14 where only feeder pigs, to which the licensee has taken title, are assembled for resale. [Pre-2008 Recodification Citation: 15-2.1-2-11.] As added by P.L.2-2008, SEC.8.

Sec. 21. (a) "Consignor" means any person consigning, shipping, or delivering animals for sale, resale, or exchange. (b) The term includes any person who causes animals to be transported or who delivers animals to a livestock auction market for the purpose of sale. [Pre-2008 Reco…

Sec. 22. "Container" means any box, can, tin, cloth, package, plastic, or other receptacle, wrapper, or cover. [Pre-2008 Recodification Citation: 15-2.1-2-12.5.] As added by P.L.2-2008, SEC.8.

Sec. 22.5. "Cultivated meat product" means animal protein grown in a facility from extracted animal stem cells and arranged in a similar structure as animal tissues to replicate the sensory and nutritional profiles of meat products. As added by P.L.229-2025, SEC.1.

Sec. 23. "Dairy farm" means a place: (1) where at least one (1) lactating cow, sheep, goat, water buffalo, or other hoofed mammal is kept; and (2) from which a part or all of the milk or milk products that are produced are provided, sold, or offered for sale to a milk plant, tran…

Sec. 24. (a) Except as specifically exempted or excluded by this article, "dealer" means any person who is engaged in the business of buying, selling, or negotiating the transfer of livestock: (1) for processing into meat products in conjunction with the operation of a business e…

Sec. 25. (a) "Disposal plant" means any plant and all associated equipment that is constructed or intended to be operated for the disposal of the following: (1) The bodies of dead animals not slaughtered and intended for human food. (2) The nonedible byproducts from the slaughter…

Sec. 26. (a) "Domestic animal" means an animal that is not wild. (b) The term is limited to: (1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, emus, or other birds; (2) an animal of the bovine, equine, ovine, caprine, porcine, canine, f…

Sec. 27. "Employee" means a person employed by the board, including the state veterinarian, assistant state veterinarian, deputies, and assistants. [Pre-2008 Recodification Citation: 15-2.1-2-16.] As added by P.L.2-2008, SEC.8.

Sec. 28. "Establishment", for purposes of IC 15-17-5, means a building, part of a building, or other location used for: (1) slaughtering livestock or poultry; or (2) preparing meat, poultry, meat food products, and meat byproducts capable of use as human food. [Pre-2008 Recodific…

Sec. 29. "Federal acts", for purposes of IC 15-17-5, means the following: (1) The federal Meat Inspection Act (21 U.S.C. 601 et seq.). (2) The federal Poultry Products Inspection Act (21 U.S.C. 451 et seq.). [Pre-2008 Recodification Citation: 15-2.1-2-16.5.] As added by P.L.2-200…

Sec. 3. "Animal" means a member of the animal kingdom, except humans. [Pre-2008 Recodification Citation: 15-2.1-2-2.5.] As added by P.L.2-2008, SEC.8.

Sec. 30. "Federal Food, Drug, and Cosmetic Act" means the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). [Pre-2008 Recodification Citation: 15-2.1-2-16.7.] As added by P.L.2-2008, SEC.8.

Sec. 31. "Feeder pig" means swine of any breed weighing not more than one hundred eighty (180) pounds. [Pre-2008 Recodification Citation: 15-2.1-2-17.] As added by P.L.2-2008, SEC.8.

Sec. 32. "Food" means the following: (1) All articles used for food, drink, confectionary, or condiment whether simple, mixed, or compound. (2) All substances or ingredients used in the preparation of the items described in subdivision (1). [Pre-2008 Recodification Citation: 15-2…

Sec. 33. "Food additive" has the meaning set forth in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). [Pre-2008 Recodification Citation: 15-2.1-2-19.5.] As added by P.L.2-2008, SEC.8.

Sec. 34. (a) "Garbage" means: (1) any waste material derived in whole or in part from any animal, including fish and poultry; or (2) refuse from the handling, preparation, cooking, or consumption of food that has been associated with waste material derived in whole or in part fro…