Second Regular Session 117th General Assembly (2012)
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HOUSE ENROLLED ACT No. 1129
AN ACT to amend the Indiana Code concerning agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 15-16-1-3.5; (12)HE1129.1.1. -->
SECTION 1. IC 15-16-1-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 3.5. As used in this chapter, "board" refers to the
Indiana fertilizer advisory board established by IC 15-16-2-25.
SOURCE: IC 15-16-1-14; (12)HE1129.1.2. -->
SECTION 2. IC 15-16-1-14, AS AMENDED BY P.L.81-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 14.
(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; 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.
(a) (c) A person who knowingly or intentionally violates this chapter
commits a Class C misdemeanor.
(b) The prosecuting attorney of any judicial circuit in which a
violation has occurred and to whom the state chemist has reported a
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.
SOURCE: IC 15-16-1-16; (12)HE1129.1.3. -->
SECTION 3. IC 15-16-1-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 16. 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.
SOURCE: IC 15-16-2-38; (12)HE1129.1.4. -->
SECTION 4. IC 15-16-2-38, AS AMENDED BY P.L.81-2009,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 38. (a) The state chemist shall:
(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.
SOURCE: IC 15-16-4-35; (12)HE1129.1.5. -->
SECTION 5. IC 15-16-4-35, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 35. As used in this chapter, "produce" means:
(1) to:
(1) (A) manufacture;
(2) (B) prepare;
(3) (C) compound;
(4) (D) process; or
(E) formulate; or
(5) (F) change;
the container of a pesticide product or an active ingredient that is
used in producing a pesticide product; 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.
SOURCE: IC 15-16-4-42; (12)HE1129.1.6. -->
SECTION 6. IC 15-16-4-42, AS ADDED BY P.L.120-2008,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 42. (a) The Indiana pesticide review board is
established. The board consists of the following members:
(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: with earned doctorate degrees:
(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 nonagronomic
specialty crops.
(10) One (1) public representative from a conservation
organizations. organization.
(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.
SOURCE: IC 15-16-4-48; (12)HE1129.1.7. -->
SECTION 7. IC 15-16-4-48, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 48. The board shall: may:
(1) collect;
(2) analyze; and
(3) interpret;
information on matters relating to the registration and use of
pesticides.
SOURCE: IC 15-16-4-50; (12)HE1129.1.8. -->
SECTION 8. IC 15-16-4-50, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 50. (a) The board may adopt rules under IC 4-22-2
to do the following:
(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)
safe handling;
(B) transportation;
(C) storage;
(D) display;
(E) distribution;
and
(F) disposal;
and
(G) production;
of
pesticides pesticide products and pesticide containers.
(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)
Include in a rule adopted under subsection (a)(1) Determine
the time and conditions of the:
(A) sale;
(B) distribution; or
(C) use;
of
pesticides designated as restricted use pesticides and pesticides
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.
SOURCE: IC 15-16-4-55; (12)HE1129.1.9. -->
SECTION 9. IC 15-16-4-55, AS ADDED BY P.L.120-2008,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 55. The state chemist or the state chemist's agent
may do the following:
(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, and the rules
adopted under this chapter, and the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(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.
SOURCE: IC 15-16-4-57; (12)HE1129.1.10. -->
SECTION 10. IC 15-16-4-57, AS ADDED BY P.L.120-2008,
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.
SOURCE: IC 15-16-4-59; (12)HE1129.1.11. -->
SECTION 11. IC 15-16-4-59, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 59. A person may not:
(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; or
(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.
SOURCE: IC 15-16-4-62; (12)HE1129.1.12. -->
SECTION 12. IC 15-16-4-62, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 62. (a) Each registrant shall pay an annual,
nonrefundable fee of one hundred seventy dollars ($170) for each
application for each pesticide product registered. submitted for
registration.
(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.
SOURCE: IC 15-16-4-67; (12)HE1129.1.13. -->
SECTION 13. IC 15-16-4-67, AS ADDED BY P.L.2-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 67. A person may not produce, handle, transport,
store, display, or distribute pesticide products in a manner as to
endanger:
(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.
SOURCE: IC 15-16-5-42; (12)HE1129.1.14. -->
SECTION 14. IC 15-16-5-42, AS ADDED BY P.L.120-2008,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 42. The state chemist may waive all or part of the
requirements provided for in sections 45, 46, 48, 49, 50, 51, 52, 53, 54,
56, and 57 of this chapter on a reciprocal basis with any other state
agency or federal agency that has substantially the same standards.
SOURCE: IC 15-16-5-52; (12)HE1129.1.15. -->
SECTION 15. IC 15-16-5-52, AS ADDED BY P.L.120-2008,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 52. (a) A person applying for a license described
under section 49, 50, or 51 of this chapter must:
(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.
SOURCE: IC 15-16-5-53; (12)HE1129.1.16. -->
SECTION 16. IC 15-16-5-53 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 53. (a) A person may not act as a pesticide consultant
unless the person has registered with the state chemist.
(b) To register with the state chemist as a pesticide consultant, a
person must:
(1) submit an application on a form approved by the state chemist;
and
(2) pay an annual fee of forty-five dollars ($45) to the state
chemist.
SOURCE: IC 15-16-5-64; (12)HE1129.1.17. -->
SECTION 17. IC 15-16-5-64, AS ADDED BY P.L.120-2008,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 64. (a) A person may not produce, transport,
store, handle, or dispose of any pesticide product or pesticide product
containers in a manner that may:
(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 pesticides pesticide
products or pesticide containers. In determining these standards, the
board shall take into consideration any regulations issued by the United
States Environmental Protection Agency.
SOURCE: IC 15-16-5-65; (12)HE1129.1.18. -->
SECTION 18. IC 15-16-5-65, AS ADDED BY P.L.120-2008,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 65. Subject to section 66 of this chapter, the state
chemist under IC 4-21.5-3-6 may warn, cite, or impose a civil penalty
on a person for a violation under this chapter. The state chemist may
also deny, suspend, revoke, or modify any provision of any license,
permit, registration, or certification issued under this chapter if the state
chemist finds that the applicant or the holder of a license, permit,
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.
SOURCE: IC 15-16-5-69; (12)HE1129.1.19. -->
SECTION 19. IC 15-16-5-69, AS ADDED BY P.L.120-2008,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 69. (a) The state chemist may enter upon any
public or private property at reasonable times to do the following:
(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
pesticides. pesticide products.
(4) Inspect storage or disposal areas.
(5) Inspect or investigate complaints of injury to humans or
property.
(6) Sample
pesticides pesticide products being
produced,
distributed, transported, stored, disposed, or used or to be
used.
(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.
SOURCE: IC 15-19-7-1; (12)HE1129.1.20. -->
SECTION 20. IC 15-19-7-1, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. As used in this chapter, "brand name" means a
word, name, symbol, or device or any combination of words, names,
symbols, graphics, or devices that identifies the commercial feed of a
distributor and distinguishes it from that of other distributors.
SOURCE: IC 15-19-7-2; (12)HE1129.1.21. -->
SECTION 21. IC 15-19-7-2, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. As used in this chapter, "commercial feed"
means all materials, or combinations of materials, that are distributed
or intended for distribution for use as feed or for mixing in feed,
except as exempted in this section. The term does not include the
following unless labeled with nutritional claims or adulterated within
the meaning of section 29(1) of this chapter:
(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.
SOURCE: IC 15-19-7-2.5; (12)HE1129.1.22. -->
SECTION 22. IC 15-19-7-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 2.5. As used in this chapter,
"contract feeder" means a person who:
(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.
SOURCE: IC 15-19-7-3; (12)HE1129.1.23. -->
SECTION 23. IC 15-19-7-3, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. As used in this chapter, "custom mixed
"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, nutrients, or nonnutritive
additives.
SOURCE: IC 15-19-7-4; (12)HE1129.1.24. -->
SECTION 24. IC 15-19-7-4, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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.
SOURCE: IC 15-19-7-11; (12)HE1129.1.25. -->
SECTION 25. IC 15-19-7-11, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. As used in this chapter, "mineral feed" means
a commercial feed, the primary purpose of which is to supply mineral
elements and or inorganic nutrients.
SOURCE: IC 15-19-7-15; (12)HE1129.1.26. -->
SECTION 26. IC 15-19-7-15, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 15. As used in this chapter, except as provided
in section 18 of this chapter, "pet" means a domesticated animal
normally maintained in or near the household of its owner. dog or cat.
SOURCE: IC 15-19-7-17; (12)HE1129.1.27. -->
SECTION 27. IC 15-19-7-17, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 17. As used in this chapter, "product name" means
the name of the commercial feed that:
(1) identifies it as to kind, class, or specific use; and
(2) distinguishes it from all other products bearing the same
brand name.
SOURCE: IC 15-19-7-17.5; (12)HE1129.1.28. -->
SECTION 28. IC 15-19-7-17.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 17.5. As used in this chapter "raw
milk" means any milk or milk product, including butter, yogurt,
cottage cheese, and cheese, from any species other than humans,
that has not been pasteurized according to processes recognized by
the United States Food and Drug Administration. The term does
not include United States Department of Agriculture approved
veterinary biologics.
SOURCE: IC 15-19-7-18; (12)HE1129.1.29. -->
SECTION 29. IC 15-19-7-18, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 18. As used in this chapter, "specialty pet" means
a domesticated animal normally maintained in a cage or tank, including
a gerbil, hamster, bird, fish, snake, and turtle.
SOURCE: IC 15-19-7-22; (12)HE1129.1.30. -->
SECTION 30. IC 15-19-7-22, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 22. The state chemist may cooperate with and
enter into agreements with governmental agencies of this state, other
states, agencies of the federal government, and private associations in
order to carry out the purpose and provisions of this chapter.
SOURCE: IC 15-19-7-24; (12)HE1129.1.31. -->
SECTION 31. IC 15-19-7-24, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 24. (a) A person who manufactures a commercial
feed or whose name appears on the label of a commercial feed may not
distribute the commercial feed in Indiana without a commercial feed
license issued by the state chemist on a form provided by the state
chemist.
(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.
(2) (3) A late filing fee of fifty dollars ($50) shall be added to the
filing fee for renewing a commercial feed license if the
application for renewal is received after January 16.
(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.
SOURCE: IC 15-19-7-25; (12)HE1129.1.32. -->
SECTION 32. IC 15-19-7-25, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 25.
(a) The state chemist may refuse
an
application for a commercial feed license that does not comply with
this chapter and may cancel to issue a license to any manufacturer
or distributor who is not in compliance with this chapter.
(b) The state chemist may revoke or suspend a commercial feed
license that is not in compliance with this chapter.
However, a
commercial feed
(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
canceled revoked unless the applicant or licensee has been given an
opportunity to be heard before the state chemist.
and to amend the
applicant's or licensee's application in order to comply with this
chapter.
SOURCE: IC 15-19-7-26; (12)HE1129.1.33. -->
SECTION 33. IC 15-19-7-26, AS ADDED BY P.L.120-2008,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 26. A commercial feed, except a custom mixed
customer formula feed, must be accompanied by a label bearing the
following information:
(1) The net weight. quantity statement.
(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.
SOURCE: IC 15-19-7-27; (12)HE1129.1.34. -->
SECTION 34. IC 15-19-7-27, AS ADDED BY P.L.120-2008,
SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 27.
Custom mixed 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 brand name, if any, and the
net weight
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).
SOURCE: IC 15-19-7-28; (12)HE1129.1.35. -->
SECTION 35. IC 15-19-7-28, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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 chapter.
(4) It appears purports to be or is represented as a commercial
feed, or it appears purports to contain or is represented as
containing a commercial feed ingredient, unless the commercial
feed or feed ingredient conforms to the definition, if any,
prescribed by rule by the state chemist.
(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.
SOURCE: IC 15-19-7-29; (12)HE1129.1.36. -->
SECTION 36. IC 15-19-7-29, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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 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
removed abstracted from the commercial feed or any
less valuable substance has been substituted for a valuable
constituent.
(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
feed premixes articles and
for Type B and Type C medicated
feeds established under authority of the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), unless the state chemist
determines that they are not appropriate to the conditions that
exist in Indiana.
(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).
SOURCE: IC 15-19-7-30; (12)HE1129.1.37. -->
SECTION 37. IC 15-19-7-30, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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 shipped 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 by a previous distributor.
(2) No fee shall be paid on a custom mixed customer formula
feed if the inspection fee has been paid on all of the commercial
feeds that are ingredients of the custom mixed customer formula
feed.
(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).
SOURCE: IC 15-19-7-31; (12)HE1129.1.38. -->
SECTION 38. IC 15-19-7-31, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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 during the preceding calendar quarter. The distributor shall file
the reports not later than January 31, April 30, July 31, and October 31
of each year. Upon filing a report, the distributor shall pay the
inspection fee at the rate stated in section 30 of this chapter. Inspection
fees that are due and owing and have not been remitted to the state
chemist within fifteen (15) days after the due date shall be increased by
a penalty fee of ten percent (10%) of the amount due or fifty dollars
($50), whichever is greater. The assessment of this penalty fee does not
prevent the state chemist from taking other actions under this chapter.
(b) A resident of Indiana who only manufactures and distributes
custom mixed commercial customer formula feeds and has met the
requirements of section 30 of this chapter is exempt from filing
quarterly feed tonnage reports.
(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.
SOURCE: IC 15-19-7-34; (12)HE1129.1.39. -->
SECTION 39. IC 15-19-7-34, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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,
and pet foods,
and specialty pet
foods as specifically authorized in this chapter; and
(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.
SOURCE: IC 15-19-7-35; (12)HE1129.1.40. -->
SECTION 40. IC 15-19-7-35, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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 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
registrant licensee
or labeler a portion of the sample concerned.
(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.
SOURCE: IC 15-19-7-39; (12)HE1129.1.41. -->
SECTION 41. IC 15-19-7-39, AS ADDED BY P.L.2-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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 county area in which the commercial feed is located.
If the court finds the commercial feed is in violation of this chapter and
orders the condemnation of the commercial feed, the commercial feed
shall be disposed of in any manner consistent with the quality of the
commercial feed and the laws of Indiana. However, the disposition of
the commercial feed may not be ordered by the court without first
giving the claimant an opportunity to apply to the court for release of
the commercial feed or for permission to process or relabel the
commercial feed to bring it into compliance with this chapter.
SOURCE: IC 15-19-7-40; (12)HE1129.1.42. -->
SECTION 42. IC 15-19-7-40, AS AMENDED BY P.L.8-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 40. A person commits a Class C 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 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.
SOURCE: ; (12)HE1129.1.43. -->
SECTION 43. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "board" refers to the Indiana state board of animal
health established by IC 15-17-3-1.
(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.
SOURCE: ; (12)HE1129.1.44. -->
SECTION 44.
An emergency is declared for this act.
HEA 1129 _ Concur
Figure
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned