Bill Text: IN HB1129 | 2012 | Regular Session | Enrolled
Bill Title: State chemist issues.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1129 Detail]
Download: Indiana-2012-HB1129-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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AN ACT to amend the Indiana Code concerning agriculture and animals.
(1) warn, issue a citation to, or impose a civil penalty on the person; or
(2) deny, suspend, revoke, or amend the person's license, certificate, registration, permit, or application under this chapter.
(b) The state chemist may adopt by rule, under IC 4-22-2, a schedule of civil penalties that may be imposed under subsection (a). The state chemist may impose a civil penalty only according to a schedule of civil penalties recommended by the board.
violation shall institute the appropriate proceedings and prosecute the
proceedings in a court.
(c) Before the state chemist reports a violation for prosecution as
described in subsection (b), the state chemist shall give the person
charged with a violation an opportunity to respond to the charges. The
state chemist need not report for prosecution minor violations of this
chapter if the state chemist believes that the public interest is best
served by another action.
(1) the attendance of witnesses; or
(2) the production of books, documents, and records;
as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege granted by a license, certificate, application, registration, or permit issued under this chapter.
(1) sample, inspect, make analysis of, and test commercial fertilizers distributed within Indiana; and
(2) inspect the storage of bulk fertilizers in Indiana at a time and place and to such an extent as necessary to determine whether the bulk fertilizers and their storage are in compliance with this chapter.
(b) The state chemist may enter upon any public or private premises during regular business hours in order to have access to:
(1) fertilizer materials; and
(2) plans and records relating to the transportation, storage, sale, and use of fertilizer materials;
subject to this chapter and the rules adopted under this chapter.
(c) The state chemist shall adopt methods of sampling and analysis for commercial fertilizers from sources that may include AOAC International. In cases of dispute, AOAC International's methods prevail if AOAC International's methods are available.
(d) The state chemist shall determine for administrative purposes whether a commercial fertilizer is deficient in plant foods using only the official sample obtained and analyzed as provided in subsection (c).
(e) The state chemist may request a court to issue subpoenas to compel:
(1) the attendance of witnesses; or
(2) the production of books, documents, and records;
as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege granted by a license, certificate, application, registration, or permit issued under this chapter.
(1) to:
(E) formulate; or
(2) to:
(A) package;
(B) repackage;
(C) label;
(D) relabel; or
(E) otherwise change;
the container of a pesticide product.
The term does not include the dilution of formulated pesticides by an individual for the individual's use done according to the directions on the pesticide label.
(1) One (1) representative of the state department of health.
(2) One (1) representative of the department of natural resources.
(3) One (1) representative of the department of environmental management.
(4) One (1) representative of the Purdue University office of agricultural research programs.
(5) One (1) representative of the Purdue University cooperative extension service.
(6) Two (2) ecologists:
(A) one (1) a terrestrial ecologist; and
(B) one (1) an aquatic ecologist.
Not more than one (1) ecologist may be a plant ecologist.
(7) One (1) public representative.
(8) One (1) representative of the pesticide producing or manufacturing industry.
(9) Two (2) representatives of producers of agricultural crops or products on which pesticides are applied or that may be affected by the application of pesticides:
(A) one (1) of whom represents producers of agronomic crops; and
(B) one (1) of whom represents producers of
(10) One (1) public representative from a conservation
(11) Three (3) qualified scientists, one (1) each in the fields of entomology, plant pathology, and weed science. One (1) scientist must be the representative of either the Purdue University office of agricultural research programs or the Purdue University cooperative extension service.
(12) Three (3) certified and licensed commercial applicators of pesticides who must represent three (3) different certificate or license categories established under IC 15-16-5-45.
(13) The state chemist, who is an ex officio member and shall serve as a nonvoting member.
(14) The pesticide administrator for the office of the state chemist, who shall serve as a nonvoting member.
(15) The pesticide training coordinator, who shall serve as a nonvoting member.
(b) The voting members shall be appointed by the governor for terms of four (4) years and, subject to subsection (d), continue until the member's successor is approved and qualified. Appointments shall be made so that not more than five (5) terms expire annually.
(c) Voting members may be appointed for successive terms at the discretion of the governor.
(d) The governor may remove a voting member of the board prior to the expiration of the member's term for cause.
(1) collect;
(2) analyze; and
(3) interpret;
information on matters relating to the registration and use of pesticides.
(1) Establish a list of restricted use pesticides and pesticides for use by prescription only for all of Indiana or designated areas within Indiana, if the board finds that the characteristics of a pesticide require that rules restricting the:
(A) sale;
(B) distribution; or
(C) use;
of the pesticide by any person are necessary to prevent undue hazards to persons, animals, wildlife, lands, or waters, other than the pests that they are intended to prevent, destroy, control, or mitigate.
(2) Provide for the safe:
(A)
(B) transportation;
(C) storage;
(D) display;
(E) distribution;
(F) disposal; and
(G) production;
of
(3) Restrict or prohibit the use of certain types of containers or packages for specific pesticides. The restrictions may apply to the:
(A) type of construction;
(B) strength; or
(C) size;
to alleviate danger of spillage, breakage, or misuse.
(b) The board may adopt by reference the restricted use classification of a pesticide that is maintained by the United States Environmental Protection Agency.
(c) The board may adopt rules to do the following:
(1)
(A) sale;
(B) distribution; or
(C) use;
of
for use by prescription only. pesticide products.
(2) Require in a rule under subsection (a)(1) that any or all
materials pesticide products be purchased, possessed, or used
only under:
(A) permit;
(B) certificate;
(C) license; or
(D) registration;
of the state chemist or under certain conditions or in certain
quantities or concentrations.
(d) The state chemist may (3) Require all persons issued:
(1) (A) permits;
(2) (B) certificates;
(3) (C) licenses; or
(4) (D) registrations;
under subsection (c) this subsection to maintain records as to the
use of the restricted use pesticides and pesticides for use by
prescription only. pesticide products.
(1) Enter any public or private premises, including any vehicle of transport during regular business hours:
(A) to:
(i) have access to; and
(ii) obtain samples of;
pesticide products; and
(B) to:
(i) examine; and
(ii) copy;
records relating to the production, use, transportation, and sale of pesticide products, subject to this chapter,
(2) Enter at a reasonable time in or upon any:
(A) private; or
(B) public;
property for the purpose of inspection and investigating conditions possibly resulting from the use or misuse of a pesticide product.
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 57. Except as provided in section 58 of this
chapter, a person may not produce, distribute, display, sell, or offer for
sale within Indiana or deliver for transportation or transport in
intrastate commerce or between points within Indiana through any
point outside Indiana any of the following:
(1) Any pesticide product that has not been registered under
section 61 of this chapter.
(2) Any pesticide product if any of the claims made for it or any
of the directions for its use differ in substance from the
representations made in connection with its registration.
(3) A pesticide product if the composition of the product differs
from the composition as represented in connection with its
registration. However, at the discretion of the state chemist, a
change in the labeling or formula of a pesticide may be made
within a registration period without requiring reregistration of the
product.
(4) Any pesticide product (except a bulk pesticide or a pesticide
in a container designed and constructed to accommodate the
return and refill of the container) unless it is in the registrant's or
the manufacturer's unbroken immediate container, and there is
affixed to that container, and to any outside container or wrapper
of the retail package through which the required information on
the immediate container cannot be clearly read, a label bearing:
(A) the name and address of the manufacturer, registrant, or
person for whom manufactured;
(B) the name, brand, or trademark under which the pesticide
product is sold; and
(C) the net weight or measure of the content, subject, however,
to reasonable variations as the state chemist may permit.
(5) Any pesticide product that is adulterated or misbranded.
(6) Any pesticide product in containers violating rules adopted
under section 50(a)(3) of this chapter. Pesticides found in
containers that are unsafe due to damage may be seized and
impounded.
(7) A highly volatile herbicide except on written permission by
the state chemist.
(8) Any bulk pesticide unless it is accompanied in all transfers of
custody or ownership by or held in storage vessels to which is
affixed a label bearing the information specified in subdivision
(4).
(9) Any pesticide that violates the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or
regulations adopted under the Act.
(1) detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter;
(2) add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;
(3) use for the person's own advantage or reveal, other than to:
(A) the state chemist;
(B) proper officials;
(C) employees of the state;
(D) the courts of this state in response to a subpoena;
(E) physicians; or
(F) pharmacists and other qualified persons for use in emergencies in the preparation of antidotes;
any information relative to formulas of products acquired by authority of section 61 or 64 of this chapter;
(4) use or cause to be used any pesticide contrary to section 50 of this chapter;
(5) use a highly volatile herbicide except on written permission by the state chemist; or
(6) neglect, or after notice, refuse to comply with this chapter, the rules adopted under this chapter, or a lawful order of the state chemist or board.
(b) Each registration expires January 1 of each year.
(c) All fees collected by the state chemist under this chapter shall be paid to the treasurer of Purdue University, who shall deposit the fees in a special restricted account designated by the treasurer of the board of trustees of Purdue University.
(d) From the account described in subsection (c), the treasurer shall pay all expenses incurred in administering this chapter, including expenses for the following:
(1) The employment of:
(A) inspectors;
(B) investigators;
(C) researchers;
(D) analysts;
(E) administrators; and
(F) clerical and service staff.
(2) Expenses in procuring samples and printing results of inspections.
(3) Purchasing:
(A) supplies;
(B) equipment; and
(C) services.
(4) Necessary remodeling.
(5) Other expenses of the office of the state chemist.
(6) The transfer of ten dollars ($10) from each fee paid under subsection (a) on an annual basis to the office of Purdue pesticide programs to provide education about the safe and effective use of pesticides.
The treasurer is not required to use any other funds, except those collected as registration fees, to pay any expenses incurred in the administration of this chapter. The dean of agriculture shall make an annual financial report to the governor showing total receipts and expenditures of all fees received under this chapter.
(e) A registrant who registers or pays an annual fee after December 31 of any year shall pay a late fee of one hundred seventy dollars ($170) as well as the annual fee.
(f) Excess funds from the collection of fees under this chapter are subject to IC 15-16-2-36.
(1) humans;
(2) the environment;
(3) food;
(4) feed; or
(5) any other products that may be:
(A) transported;
(B) stored;
(C) displayed; or
(D) distributed;
with pesticide products.
(1) submit an application to the state chemist on a form provided by the state chemist;
(2) pass the appropriate examination provided under section 45 of this chapter;
(3) except for a person who is:
(A) applying for a licensed public applicator's license; or
(B) an employee of a nonprofit organization;
submit a fee of forty-five dollars ($45) to the state chemist; and
(4) if the person will engage in the aerial application of pesticides, submit proof to the state chemist that the person has satisfied aerial application requirements under applicable state and federal laws.
(b) Subject to section 65 of this chapter, if a person meets the requirements under subsection (a), the state chemist shall issue the appropriate license to the person.
(c) If the state chemist does not issue a license to a person who applied for a license described under subsection (a), the state chemist shall inform the person in writing of the reason the license was not issued.
(d) A person who has been issued a license under subsection (b):
(1) shall notify the state chemist in writing within ten (10) days after a change in or termination of the person's employment as a licensed applicator for hire, a licensed applicator not for hire, or a licensed public applicator; and
(2) may apply to the state chemist to transfer or amend the person's license by submitting an updated application form described under subsection (a)(1).
(e) A license issued under subsection (b):
(1) expires January 1 of each year; and
(2) subject to section 65 of this chapter, may be renewed by the person holding the license if the person:
(A) submits a renewal application on a form provided by the state chemist; and
(B) except for a person renewing a licensed public applicator's license or an employee of a nonprofit organization, pays a forty-five dollar ($45) renewal fee;
before January 1.
(1) cause injury to:
(A) humans;
(B) beneficial vegetation;
(C) crops;
(D) livestock;
(E) wildlife; or
(F) beneficial insects; or
(2) pollute any waterway in a way harmful to any wildlife in a waterway.
(b) The board may adopt rules governing the production, transportation, storage, handling, and disposal of
registration, or certification has committed any of the following acts,
each of which is a violation of this chapter:
(1) Made false or fraudulent claims either verbally or through any
media misrepresenting the effect of pesticides pesticide products
or methods to be used.
(2) Recommended, used, or supervised the use of any registered
pesticide product in a manner inconsistent with its labeling
approved by the United States Environmental Protection Agency
or Indiana state registration for that pesticide, or in violation of
the United States Environmental Protection Agency or Indiana
state restrictions on the use of that pesticide product.
(3) Used known ineffective or improper pesticides pesticide
products or known ineffective amounts of pesticides.
(4) Operated faulty or unsafe equipment.
(5) Operated in a careless or negligent manner.
(6) Neglected or, after notice, refused to comply with this chapter,
the rules adopted under this chapter, or of any lawful order of the
state chemist or the board.
(7) Refused or neglected to:
(A) keep and maintain the records required by this chapter; or
(B) make reports and supply information when required or
requested by the state chemist in the course of an investigation
or inspection.
(8) Made false or fraudulent records, invoices, or reports.
(9) Engaged in or professed to be engaged in the business of:
(A) using a pesticide or any other product regulated under
this chapter or by rules adopted under this chapter; or
(B) making a diagnostic inspection to determine infestations
of a wood destroying pest;
for hire on the property of another without having a pesticide
business license issued by the state chemist.
(10) Used a restricted use pesticide without having an applicator,
who is licensed or permitted under this chapter, in direct
supervision.
(11) Used fraud or misrepresentation in making an application
for, or renewal of, a license, permit, registration, or certification.
(12) Refused or neglected to comply with any limitations or
restrictions on or in a duly issued license, permit, registration, or
certification.
(13) Aided or abetted a person to evade this chapter, conspired
with a person to evade this chapter, or allowed a license, permit,
registration, or certification to be used by another person.
(14) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests.
(15) Impersonated any federal, state, county, or city inspector, investigator, or official.
(16) Knowingly purchased or used a pesticide product that was not registered under IC 15-16-4.
(17) Failed to continuously maintain financial responsibility required under section 58 of this chapter or to provide proof of financial responsibility to the state chemist when requested.
(18) Intentionally altered a duly issued license, permit, registration, or certification.
(19) Recklessly, knowingly, or intentionally impeded or prevented the state chemist or the state chemist's agent from performing a duty of the state chemist.
(1) Observe the use and application of a pesticide product.
(2) Inspect equipment subject to this chapter.
(3) Inspect and sample property actually or reported to be exposed to
(4) Inspect storage or disposal areas.
(5) Inspect or investigate complaints of injury to humans or property.
(6) Sample
(7) Inspect and obtain copies of pesticide product production, sale, distribution, purchase, use, storage, and disposal records, including confidential business information. Confidential business information obtained under this subdivision is confidential for purposes of IC 5-14-3-4(a).
(b) The state chemist may, upon showing a need, apply to any court with jurisdiction for a search warrant authorizing access to the property. The court may, after receiving the application and finding a need, issue the search warrant for the purposes requested.
(c) A prosecuting attorney to whom a violation of this chapter is reported may institute and prosecute the violation in a court with jurisdiction of that county without delay. The state chemist may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this
chapter or any rule adopted under this chapter notwithstanding the
existence of other remedies at law. The injunction may be issued
without bond.
(1) Unmixed whole seeds.
(2) Unmixed, physically altered whole seeds that have not been chemically altered.
(3) Commodities, compounds, or substances excluded by rules adopted by the state chemist under IC 4-22-2 in accordance with section 34 of this chapter.
(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 that is determined wholly or in part by feed consumption, mortality, profits, or amount or quality of product.
(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.
(1) identifies it as to kind, class, or specific use; and
(2) distinguishes it from all other products bearing the same brand name.
states, agencies of the federal government, and private associations in
order to carry out the purpose and provisions of this chapter.
(b) An out-of-state distributor may not cause a commercial feed to be distributed in Indiana without a commercial feed license issued by the state chemist on a form provided by the state chemist.
(c) A commercial feed license is issued for a calendar year and expires December 31 of the year for which the license was issued. Commercial feed license fees are as follows:
(1) The filing fee for a new or renewal license is fifty dollars ($50).
(2) A late filing fee of fifty dollars ($50) shall be added to the license fee if the applicant has distributed feed before filing the license application.
(d) The form and content of commercial feed license applications shall be established by rules adopted by the state chemist under IC 4-22-2, in accordance with section 34 of this chapter.
(b) The state chemist may revoke or suspend a commercial feed license that is not in compliance with this chapter.
(c) The state chemist may place conditions that limit production or distribution of a particular commercial feed on any person who is not in compliance with this chapter.
(d) A license may not be conditionalized, suspended, refused, or
chapter.
(1) The
(2) The product name and the brand name, if any, under which the commercial feed is distributed.
(3) The guaranteed analysis, expressed on an "as-is" basis, and stated in the terms that the state chemist, by rule, determines are required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by AOAC International.
(4) The common or usual name of each ingredient used in the manufacture of the commercial feed. However, the state chemist, by rule, may:
(A) permit the use of a collective term for a group of ingredients that perform a similar function; or
(B) exempt a commercial feed or group of commercial feeds from the requirement for an ingredient statement if the state chemist finds that such a statement is not required in the interest of consumers.
(5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
(6) Adequate directions for use for:
(A) commercial feeds containing drugs; and
(B) other feeds that the state chemist requires by rule as necessary for their safe and effective use.
(7) Precautionary statements that the state chemist by rule determines are necessary for the safe and effective use of the commercial feed.
(1) Name and address of the manufacturer.
(2) Name and address of the purchaser.
(3) Date of delivery.
(4) The product name and brand name, if any, and the
quality statement of each commercial feed used in the mixture,
and the common or usual name and net weight of each other
ingredient used, and the specific content, stated in terms as
required in section 26 of this chapter, of any nutrients and
nonnutritive additives added at the request of the purchaser.
(5) Adequate directions for use for:
(A) custom mixed customer formula feeds containing drugs;
and
(B) other feeds that the state chemist requires by rule as
necessary for their safe and effective use.
(6) Precautionary statements that the state chemist by rule
determines are necessary for the safe and effective use of the
custom mixed customer formula feed.
(7) If a drug containing product is used:
(A) a claim statement that includes the purpose of the
medication; and
(B) the established name of each active drug ingredient and
the amount of each drug used in the final mixture,
expressed according to the requirements under subdivision
(4).
(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 chapter.
(4) It
(5) Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with sufficient conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in sufficient terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
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 considered to be
adulterated under this subdivision if the quantity of the substance
in the commercial feed does not ordinarily render it injurious to
health.
(2) It contains an added poisonous, added deleterious, or added
nonnutritive substance that is unsafe within the meaning of
Section 406 of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 346) other than one that is:
(A) a pesticide chemical in or on a raw agricultural
commodity; or
(B) a food additive.
(3) It is, or it contains, a food additive that is unsafe within the
meaning of Section 409 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348).
(4) It is a raw agricultural commodity and it contains a pesticide
chemical that is unsafe within the meaning of Section 408(a) of
the federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(a)).
However, if a pesticide chemical has been used in or on a raw
agricultural commodity in conformity with an exemption granted
or a tolerance prescribed under Section 408 of the federal Food,
Drug, and Cosmetic Act (21 U.S.C. 346a) and the raw agricultural
commodity has been subjected to processing, such as canning,
cooking, freezing, dehydrating, or milling, the residue of the
pesticide chemical remaining in or on the processed feed is not
considered unsafe if:
(A) the residue in or on the raw agricultural commodity has
been removed to the extent possible in good manufacturing
practice;
(B) the concentration of the residue in the processed feed is
not greater than the tolerance prescribed for the raw
agricultural commodity; and
(C) the feeding of the processed feed will not result, or is not
likely to result, in a pesticide residue in the edible product of
the animal that is unsafe within the meaning of Section 408(a)
of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(a)).
(5) It is, or it contains, a color additive that is unsafe within the
meaning of Section 706 721 of the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379e).
(6) It is, or it contains, an animal drug that is unsafe within the meaning of Section 512 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b).
(7) If any valuable constituent has been in whole or in part omitted or
(8) Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
(9) It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules adopted by the state chemist to ensure that the drug:
(A) meets the requirement of this chapter as to safety; and
(B) has the identity and strength, and meets the quality and purity characteristics that it is represented to possess.
In adopting these rules, the state chemist shall adopt the current good manufacturing practice regulations for Type A medicated
(10) It contains viable weed seeds in amounts exceeding the limits the state chemist establishes by rule.
(11) It consists in whole or in part of any filthy, putrid, or decomposed substance, or it is otherwise unfit for feed.
(12) It has been prepared, packed, or held under unsanitary conditions where it may become contaminated with filth, or where it may have been become injurious to health.
(13) It is, in whole or in part, the product of a diseased animal or of an animal that has died by means other than slaughter.
(14) It is unsafe within the meaning of Section 402(a)(1) or 402(a)(2) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(1) and 21 U.S.C. 342(a)(2)).
(15) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.
(16) It has been intentionally subjected to radiation, unless the use of radiation was in conformity with a regulation or exemption in effect under Section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348).
(1) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor.
(2) No fee shall be paid on a
(3) On commercial feeds that contain ingredients on which the inspection fee has already been paid, credit shall be given for that payment.
(4) The minimum inspection fee is five dollars ($5) per quarter if a quarterly feed tonnage report is required under section 31 of this chapter.
(b) In the case of a pet food or a specialty pet food that is distributed in Indiana in packages of ten (10) pounds or less, an annual inspection fee of fifty dollars ($50) shall be paid instead of the tonnage inspection fee specified in subsection (a).
(b) A resident of Indiana who only manufactures and distributes
(c) A distributor who is subject to the inspection fees for small
packaged pet and specialty pet foods distributed in containers of ten
(10) pounds or less under section 30 of this chapter shall do the
following:
(1) Before beginning distribution, file with the state chemist a
listing of small packaged pet and specialty pet foods to be
distributed in Indiana in containers of ten (10) pounds or less, on
forms provided by the state chemist. The listing under this
subdivision shall be renewed annually before January 1 of each
year and is the basis for the payment of the annual inspection fee
of fifty dollars ($50) per product. New products added during the
year must be submitted to the state chemist as a supplement to the
annual listing before distribution.
(2) If the annual renewal of the listing is not received before
January 16 or if an unlisted product is distributed, pay a late filing
fee of ten dollars ($10) per product in addition to the normal
charge for the listing. The late filing fee under this subdivision is
in addition to any other penalty under this chapter.
(1) rules for commercial feeds,
(2) other reasonable rules necessary for the efficient enforcement of this chapter.
(b) In the interest of uniformity, the state chemist shall adopt the following by rule unless the state chemist determines that the following are inconsistent with this chapter or are not appropriate to conditions that exist in Indiana:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization.
(2) Any regulation promulgated under the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) if the state chemist would have the authority under this chapter to adopt such a rule.
(c) The state chemist may adopt rules under IC 4-22-2 to exclude from the definition of "commercial feed" commodities, such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when the commodities, compounds, or substances are not intermixed or mixed with other materials.
(d) The state chemist may adopt rules under IC 4-22-2 to require
copies of labels and labeling.
(1) during normal business hours, enter:
(A) a factory, warehouse, or establishment in Indiana in which commercial feeds are manufactured, processed, packed, or held for distribution; and
(B) a vehicle being used to transport or hold commercial feeds; and
(2) at reasonable times, within reasonable limits, and in a reasonable manner, inspect such a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling;
to enforce this chapter and to determine compliance with this chapter, including whether or not any operations are subject to this chapter. In determining compliance with good manufacturing practice rules adopted under section 29(9) of this chapter, the inspection may include the verification of only the records and production and control procedures necessary to determine compliance with those rules.
(b) A separate notice shall be given for each inspection, but a notice is not required for each entry made during the period covered by the inspection. Each inspection must begin and be completed with reasonable promptness. The person in charge of the facility or vehicle shall be notified upon completion of the inspection.
(c) An officer or employee who inspects a factory, warehouse, or other establishment and obtains a sample in the course of the inspection shall, upon completion of the inspection and before leaving the premises, give to the owner, operator, or agent in charge a receipt describing the samples obtained.
(d) The state chemist shall forward the results of analyses of official samples to the person named on the label and to the person in whose possession the sample was taken. If the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, and upon request within thirty (30) days following receipt of the analysis, the state chemist shall furnish to the
(e) The state chemist, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample obtained and analyzed as provided for in
subsection (c) (d) and section 36 of this chapter.
(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 agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of section 29(1) of this chapter.
(4) The removal or disposal of a commercial feed in violation of an order under section 38 or 39 of this chapter.
(5) The failure to obtain a commercial feed license under section 24 of this chapter.
(6) The failure to pay inspection fees or file reports as required by section 30, 31, or 34.5 of this chapter.
(7) The distribution of raw milk for use as a commercial feed for any species if the raw milk is not prominently labeled "Not for Human Consumption".
(8) Distribution of any animal feed that is stated, promoted, or advertised by the person to be suitable for human food unless the feed meets all federal, state, and local health laws and labeling requirements for human consumption.
(b) The board shall conduct a study of the issue of farmers
selling unpasteurized milk to consumers.
(c) The study required by subsection (b) must be concluded
before November 1, 2012.
(d) At the conclusion of the study, the board shall prepare a
report setting forth the results of the study not later than
December 1, 2012. The board shall:
(1) present the report to:
(A) the governor; and
(B) the legislative council in an electronic format under
IC 5-14-6; and
(2) make copies of the report available to the public.
(e) This SECTION expires June 30, 2013.
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