Title 16, HEALTH

Sec. 14. (a) The state department shall administer this chapter. The state department may: (1) adopt rules under IC 4-22-2 to administer this chapter; (2) employ persons as necessary under IC 4-15-2.2; (3) make expenditures; (4) require reports and records; (5) make investigation…

Sec. 15. (a) The state department may take possession of an article of bedding or filling material made or offered for sale for inspection and may open the article of bedding to examine the contents. (b) The state department may also inspect the purchase records of the owner of t…

Sec. 16. (a) If an article of bedding does not meet the requirements of this chapter, the state department shall do the following: (1) Prohibit the sale of the article. (2) Affix to each article of bedding a label designed and prescribed by the state department. (b) The article o…

Sec. 17. A location where: (1) an article of bedding covered by this chapter is made, remade, or renovated; (2) material for the article of bedding is manufactured, prepared, or stored; (3) the article of bedding is offered for sale or is possessed with intention to sell; or (4) …

Sec. 18. It is unlawful for any person to interfere with any inspection under this chapter. [Pre-1993 Recodification Citation: 16-9-4-3 part.] As added by P.L.2-1993, SEC.24.

Sec. 19. A person engaged in: (1) the manufacturing, remaking, or renovating of an article of bedding; or (2) processing or selling felt, batting, pads, or loose material to be used in articles of bedding covered by this chapter; may not use any secondhand material, new or second…

Sec. 2. This chapter does not apply to the sale by a householder of bedding that meets the following conditions: (1) Was owned and used by the householder and the householder's family. (2) Was not acquired for resale. However, the sale of the bedding by a householder through an a…

Sec. 20. A person may not sell: (1) an article of bedding covered by this chapter that is made, remade, or renovated in violation of this chapter; or (2) a secondhand article of bedding or filling material covered by this chapter unless, since the article's last use, the article …

Sec. 21. (a) A person desiring to secure approval of the process by which the articles of bedding or filling materials are sterilized or disinfected, in accordance with sections 19 and 20 of this chapter, shall submit to the state department a plan of the apparatus and the proces…

Sec. 22. (a) Each new article of bedding governed by this chapter must have securely attached to the article a substantial white cloth tag that meets the following conditions: (1) Is visible on the outside covering, with the visible part being not less than six (6) square inches …

Sec. 23. A person may not: (1) use a false or misleading statement, term, or designation on a bedding label; or (2) remove, deface, or alter or attempt to remove, deface, or alter the label or the statement of filling materials that appears on the label. [Pre-1993 Recodification …

Sec. 25. The possession of an article of bedding or filling material by a maker, remaker, or dealer in the course of business is presumptive evidence of intent to sell. [Pre-1993 Recodification Citation: 16-9-4-2(i) part.] As added by P.L.2-1993, SEC.24.

Sec. 27. A person who receives an article of bedding governed by this chapter for renovation shall attach, at the time received, a red tag on which the date of receipt and the name and address of the owner are legibly written. [Pre-1993 Recodification Citation: 16-9-4-8 part.] As…

Sec. 28. Filling material that is used in the manufacture of bedding governed by this chapter must be free from extraneous foreign matter, dirt, or trash. [Pre-1993 Recodification Citation: 16-9-4-9 part.] As added by P.L.2-1993, SEC.24.

Sec. 29. The premises, delivery equipment, machinery, appliances, and devices of: (1) bedding manufacturers; (2) supply dealers; (3) renovators; (4) sterilizers or disinfectors; and (5) retailers; must at all times be kept free from refuse, dirt contaminations, insects, and vermi…

Sec. 3. This chapter does not apply to the making, remaking, or renovating of any article of bedding by or for the owner, for the owner's own use, and for the purpose of sale: (1) if the same or new material is used; or (2) if sterilized material is used and that fact is indicate…

Sec. 30. (a) A person who: (1) knowingly makes a false statement, misrepresentation, or report to the state department; or (2) knowingly fails to disclose a material fact to avoid liability under this chapter; commits a Class B misdemeanor. (b) A person who knowingly violates or …

Sec. 31. All proceedings for the enforcement of this chapter or to restrain violations of this chapter shall be in the name of the state. [Pre-1993 Recodification Citation: 16-9-4-11.] As added by P.L.2-1993, SEC.24.

Sec. 4. This chapter does not apply to any articles of bedding sold under court order. [Pre-1993 Recodification Citation: 16-9-4-8 part.] As added by P.L.2-1993, SEC.24.

Sec. 5. As used in this chapter, "bedding" means any mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed, sleeping bag, or any other bag, case, or covering that meets th…

Sec. 6. As used in this chapter, "filling material" means the following: (1) Hair. (2) Down. (3) Feathers. (4) Wool. (5) Cotton. (6) Kapok. (7) Plant fibers. (8) Any other soft material used in the manufacture of and the filling or stuffing of articles of bedding. [Pre-1993 Recod…

Sec. 7. (a) As used in this chapter, "manufacture" means making, remaking, or renovating. (b) The term includes altering, repairing, finishing, refinishing, or preparing articles of bedding for sale or resale made of either new or secondhand material. [Pre-1993 Recodification Cit…

Sec. 8. As used in this chapter, "new" means an article of bedding or filling material that has not been previously used for any purpose. Manufacturing processes may not be considered a prior use. [Pre-1993 Recodification Citation: 16-9-4-2(c).] As added by P.L.2-1993, SEC.24.

Sec. 9. As used in this chapter, "renovate" means to restore to former condition or to place in a good state of repair. [Pre-1993 Recodification Citation: 16-9-4-2(f).] As added by P.L.2-1993, SEC.24.

Sec. 1. As used in this chapter, "pest" means an arthropod, a vertebrate, or a microorganism of health significance to humans. [Pre-1993 Recodification Citation: 16-1-7.3-1(b).] As added by P.L.2-1993, SEC.24.

Sec. 2. As used in this chapter, "vector" means an arthropod or a feral animal responsible for the transmission of pathogens from a host to another animal or human. [Pre-1993 Recodification Citation: 16-1-7.3-1(a).] As added by P.L.2-1993, SEC.24.

Sec. 3. The: (1) executive of a county that has formed a county health department; (2) fiscal body of a city that has formed a city health department; and (3) executive of the county and the fiscal body of a city that have formed a joint county-city health department; may, as an …

Sec. 4. The county fiscal body or the governing board of a health and hospital corporation may, on the fiscal body's or board of trustees' own initiative or after a petition signed by five percent (5%) of the registered voters within the jurisdiction of the health department, mak…

Sec. 5. The vector abatement program must be under the direction of the local health officer. [Pre-1993 Recodification Citation: 16-1-7.3-3.] As added by P.L.2-1993, SEC.24.

Sec. 6. (a) The: (1) county fiscal body for the county health department; (2) city fiscal body for a city health department; and (3) county fiscal body and city fiscal body for a joint city-county health department; may, by ordinance, determine the duties with respect to vector c…

Sec. 7. (a) Local departments of health, including the department of a health and hospital corporation, are eligible to receive state funds appropriated by the general assembly only if, after allocation by the state agency and before receipt of those state funds, a local appropri…

Sec. 8. An action program in vector abatement requires significant support in monitoring and research to assure the program's continued success. State agencies, including the state department and the office of agricultural research programs, are encouraged to pursue strong progra…

Sec. 9. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993,…

Sec. 2. The township trustees and the boards of school trustees of the cities and towns shall make provisions in the public schools under their jurisdiction for the illustrative teaching of the following: (1) The dissemination of diseases by rats, flies, and mosquitoes. (2) The e…

Sec. 3. The state department and inspectors appointed by the state department and local health officers and inspectors appointed for the purpose, as provided in this section, may enter into and on all lands, places, buildings, structures, vessels, or watercraft for the purpose of…

Sec. 4. (a) The: (1) executive of a county, with the consent of the fiscal body of the county; and (2) legislative body of a town or city; whenever the executive or legislative body determines by resolution that it is necessary for the preservation of the public health or to prev…

Sec. 5. (a) This section applies to a person who owns, leases, occupies, possesses, or has charge of any: (1) land; (2) place; (3) building; (4) structure; (5) stacks or quantities of: (A) wood; (B) hay; (C) corn; (D) wheat; or (E) other grains or materials; or (6) vessel or wate…

Sec. 6. (a) A health officer or an inspector appointed under this article may, without a warrant, enter on or into any land, place, building, structure, or premises suspected of being rat infested for the discovery or destruction of rats. (b) A person who obstructs a health offic…

Sec. 7. (a) A person who: (1) owns, leases, occupies, possesses, or has charge of any: (A) land; (B) place; (C) building; (D) structure; (E) stacks or quantities of: (i) wood; (ii) hay; (iii) corn; (iv) wheat; or (v) other grains or materials; or (F) vessel or water craft; and (2…

Sec. 8. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993,…

Sec. 1. As used in this chapter, "applicant" means a person that applies for a construction permit under this chapter. As added by P.L.49-2016, SEC.1.

Sec. 10. (a) If the state department receives corrections to a plan in response to a notice sent under section 8(b)(2)(B) of this chapter, and any time the state department receives corrections to a notice under subdivision (2) thereafter, the state department shall do one (1) of…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 11. The state department may not deny a construction permit based upon noncompliance or suspected noncompliance with a rule adopted under the authority of …

Sec. 12. (a) The state department may: (1) contract with a person to perform the state department's plan review responsibilities under this chapter; or (2) refer the plan review to a local health department. (b) A person, entity, or local health department under subsection (a) th…

Sec. 2. As used in this chapter, "application" means an application for a construction permit and any supporting plans and specifications. As added by P.L.49-2016, SEC.1.

Sec. 2.5. As used in this chapter, "department" refers to the department of homeland security established under IC 10-19-2-1. As added by P.L.187-2021, SEC.50.