Title 15, TITLE 15. AGRICULTURE AND ANIMALS

Sec. 16. (a) A brand manufacturer, printer, or other person may not cast, print, lithograph, or otherwise make: (1) a device containing an official mark or a simulation of an official mark or a label bearing the mark or simulation; or (2) any form of official certificate or simul…

Sec. 17. (a) A person subject to this chapter that has not been approved for inspection may not offer for sale meat or poultry, a meat food product, or a poultry product in commerce in Indiana. (b) The board may take the following actions for a violation of this section: (1) Issu…

Sec. 18. If an establishment conducts operations that require an inspection for less than eight (8) hours a day, fewer than five (5) days a week, or for a period that is different from a normal Monday through Friday, eight (8) hours per day, five (5) days per week work week, the …

Sec. 19. (a) For purposes of this section, references in IC 16-42-1 through IC 16-42-4 to: (1) "state health commissioner" refer to the state veterinarian; and (2) "department" refer to the board. (b) An establishment operating under this chapter shall do the following: (1) Provi…

Sec. 2. The state veterinarian shall administer this chapter to accomplish the purposes set forth in section 1 of this chapter. [Pre-2008 Recodification Citation: 15-2.1-24-4.] As added by P.L.2-2008, SEC.8.

investigation Sec. 20. (a) For purposes of this section, references in IC 16-42-1 through IC 16-42-4 to: (1) "state health commissioner" refer to the state veterinarian; and (2) "department" refer to the board. (b) Whenever: (1) a: (A) livestock product; (B) poultry product; (C) …

Sec. 21. (a) A livestock product, a poultry product, or dead, dying, disabled, or diseased livestock or poultry: (1) that is: (A) being transported in commerce; (B) subject to this chapter; or (C) held for sale in Indiana after transportation in commerce; and (2) that: (A) is or …

Sec. 22. (a) The state veterinarian may do the following: (1) Investigate, gather, and compile information concerning the organization, business, conduct, practices, and management of a person engaged in commerce and the relation of the person to other persons. (2) Require, by ge…

Sec. 23. (a) A person may not be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements, or other documentary evidence: (1) before the state veterinarian or board, or in obedience to a subpoena of the state veterinarian …

Sec. 24. A person who recklessly, knowingly, or intentionally fails to: (1) attend and testify; (2) answer a lawful inquiry; or (3) produce documentary evidence if in the person's power to do so; in obedience to a subpoena or lawful requirement of the state veterinarian or board …

inspection Sec. 25. A person who knowingly: (1) makes a false entry or statement of fact in a report required to be made under this chapter or in any account, record, or memorandum kept by a person subject to this chapter; (2) fails to make full, true, and correct entries in the …

Sec. 26. (a) A person who fails to file an annual or a special report as required by this chapter within the time fixed by the state veterinarian for filing the report and for thirty (30) days after notice of default shall forfeit to the state one hundred dollars ($100) for each …

Sec. 27. (a) If a condition exists in an official establishment that may adversely affect the wholesomeness of meat, poultry, meat food products, or meat byproducts prepared or processed in the official establishment, the state veterinarian may suspend state meat or poultry inspe…

conditions Sec. 28. (a) This section applies if, upon inspection of an establishment, the state veterinarian or board finds a condition that meets any of the following conditions: (1) May affect adversely the wholesomeness of meat, poultry, meat food products, meat byproducts, or…

Sec. 29. (a) Before a violation of this chapter is reported by the state veterinarian or board to a prosecuting attorney for institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given an opportunity to be heard and may be represente…

Sec. 3. The board is designated as the appropriate state agency to cooperate with the Secretary of Agriculture of the United States in the administration of this chapter. [Pre-2008 Recodification Citation: 15-2.1-24-5.] As added by P.L.2-2008, SEC.8.

Sec. 31. (a) Except as otherwise provided, a person who recklessly violates this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-2008 Recodification Citation: 15-2.1-24-33.] As added by P.L.2-2008, SEC.8.

Sec. 4. To accomplish the objectives of this chapter, the board or an agent of the board may do the following: (1) Require by rules the following: (A) Antemortem inspection and postmortem inspection of livestock and poultry slaughtered for distribution as human food. (B) Except f…

Sec. 5. To accomplish the purposes in section 1 of this chapter, the board or state veterinarian may do the following: (1) Remove inspectors from an establishment that: (A) fails to destroy condemned products as required under this chapter; or (B) repeatedly violates this chapter…

Sec. 6. (a) A person may not do the following: (1) Slaughter livestock or poultry or prepare any meat products or poultry products that are capable of use as human food for commerce, except in compliance with this chapter. (2) Sell, transport, offer for sale or transportation, or…

Sec. 8. The board shall adopt rules governing humane methods to make livestock or poultry insensible to pain before incision of an instrument for severance of the carotid arteries. The rules must conform to the extent applicable to the regulations promulgated under the federal Hu…

Sec. 9. (a) Before a person may engage in slaughtering livestock or poultry or processing meat or poultry, meat food products, or poultry products for commerce, the person must apply for, and upon compliance with this chapter and the rules adopted under this chapter, shall receiv…

Sec. 1. As used in this chapter, "board" refers to the Indiana dairy industry development board established by section 9 of this chapter. [Pre-2008 Recodification Citation: 15-6-4-1.] As added by P.L.2-2008, SEC.9.

Sec. 10. (a) Before March 31 of each year, the board shall: (1) determine: (A) the percentage of the state's milk marketings produced by each producer registered with the state board of animal health or the United States Department of Agriculture; and (B) the number of representa…

Sec. 11. (a) Not later than thirty (30) days after receiving a notice from the board under section 10 of this chapter, a producer or group of producers entitled to representation on the board may submit nominations to the board for board members. (b) A producer or group of produc…

Sec. 12. (a) The board shall appoint from among the nominations made under section 11 of this chapter one (1) board member to represent each: (1) producer who represents at least three percent (3%) of the state's participating milk marketings; and (2) group of producers that: (A)…

Sec. 13. (a) The term of office of a board member is three (3) years. (b) A member continues in office until a successor who meets the qualifications set forth in section 9(c) of this chapter is elected. (c) A member may not serve for more than a total of three (3) terms. (d) If,…

Sec. 14. (a) As used in this section, "maximum daily amount" refers to the maximum daily amount allowable to employees of the executive branch of the federal government for subsistence expenses while away from home in travel status. (b) Each member of the board who is not a state…

Sec. 15. (a) A member's term of office terminates and the member's office becomes vacant if the member: (1) dies; (2) becomes disabled; (3) resigns; or (4) ceases to meet at least one (1) of the qualifications set forth in section 9(c) of this chapter. (b) If a board member's off…

Sec. 16. The board shall do the following: (1) Elect from among the board's members a chairperson, vice chairperson, secretary, treasurer, and other officers the board considers necessary. (2) Employ personnel and contract for services that are necessary for the proper implementa…

Sec. 17. (a) The board shall meet at least once every six (6) months. (b) The board shall meet at a date, time, and place fixed by the board. (c) The chairperson: (1) may call a special meeting; and (2) shall call a special meeting upon the request of at least twenty-five percent…

Sec. 18. (a) A majority of voting members appointed to the board constitutes a quorum for the transaction of business. (b) The affirmative vote of a majority of all members appointed to the board is necessary for the action of the board. [Pre-2008 Recodification Citation: 15-6-4-…

Sec. 19. At each regular meeting, the board shall review all expenditures made since the board's last regular meeting. [Pre-2008 Recodification Citation: 15-6-4-19.] As added by P.L.2-2008, SEC.9.

Sec. 2. As used in this chapter, "commercial use" means sale for: (1) retail consumption; (2) resale; or (3) processing for resale. [Pre-2008 Recodification Citation: 15-6-4-2.] As added by P.L.2-2008, SEC.9.

Sec. 20. (a) The board shall keep: (1) minutes of the board's meetings; and (2) other books and records that clearly reflect all the acts and transactions of the board. (b) The records of the board required to be kept under subsection (a) shall be open to examination during norma…

Sec. 21. (a) The board may contract for the necessary office space, furniture, stationery, printing, and personnel services useful or necessary for the administration of this chapter. (b) The total administrative costs and expenses of the board may not exceed five percent (5%) of…

employees Sec. 22. (a) Obligations incurred by the board and other liabilities and claims against the board may be enforced only against the assets of the board in the same manner as if it were a corporation. Liabilities for the debts or actions of the board may not arise against…

Sec. 23. (a) The board shall file a report with the director before October 1 of each year. (b) The report required under subsection (a) must contain the following information: (1) The income received from the assessments and penalties collected under this chapter for the precedi…

Sec. 24. An assessment of ten cents ($0.10) per hundredweight is imposed on all milk produced in Indiana for commercial use. [Pre-2008 Recodification Citation: 15-6-4-24.] As added by P.L.2-2008, SEC.9.

Sec. 25. A producer shall remit the assessment required under section 24 of this chapter to the board: (1) not later than the last day of the month following the month in which the milk is commercially used; and (2) together with a report in a form approved by the board detailing…

Sec. 26. The board shall deposit all assessments received under this chapter in the fund established by the board under section 28 of this chapter. [Pre-2008 Recodification Citation: 15-6-4-26.] As added by P.L.2-2008, SEC.9.

Sec. 27. The board shall establish procedures for allowing a producer to direct the distribution of the producer's assessment to: (1) the national dairy board; or (2) a qualified program other than the program chosen by the board. [Pre-2008 Recodification Citation: 15-6-4-27.] As…

Sec. 28. (a) The board shall establish and administer a fund for assessments received under this chapter. The fund is not a part of the state treasury. (b) The board shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as …

Sec. 29. (a) The board shall add a penalty of one and one-half percent (1.5%) per month on an unpaid assessment, beginning with the day following the date the assessment was due. Any remaining amount due, including an unpaid penalty assessed under this section, shall be increased…

Sec. 3. As used in this chapter, "director" refers to the director of the Indiana state department of agriculture or the director's designee. [Pre-2008 Recodification Citation: 15-6-4-3.] As added by P.L.2-2008, SEC.9. Amended by P.L.120-2008, SEC.86.

Sec. 30. The board may maintain a court action to collect assessments and late payment fees due under this chapter. [Pre-2008 Recodification Citation: 15-6-4-31.] As added by P.L.2-2008, SEC.9.

Sec. 31. The remedies provided in this chapter are in addition to other remedies provided by law or in equity. [Pre-2008 Recodification Citation: 15-6-4-32.] As added by P.L.2-2008, SEC.9.

Sec. 32. A person who knowingly or intentionally violates this chapter commits a Class C misdemeanor. [Pre-2008 Recodification Citation: 15-6-4-29.] As added by P.L.2-2008, SEC.9.

Sec. 4. As used in this chapter, "milk" means any class of milk produced by dairy cows in Indiana. [Pre-2008 Recodification Citation: 15-6-4-4.] As added by P.L.2-2008, SEC.9.

Sec. 5. As used in this chapter, "person" means an individual, a partnership, a limited liability company, a public or private corporation, a political subdivision (as defined in IC 36-1-2-13), a cooperative, a society, an association, or a fiduciary. [Pre-2008 Recodification Cit…