reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-5. Federal Agency References; Successor Agency

Sec. 5. Whenever this chapter refers to a department or an agency of the federal government, the term includes a department or an agency of the federal government to which the duties, powers, or functions are transferred or given.
[Pre-1993 Recodification Citation: 16-1-28-3(a) part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-6. Registration of Manufacturer, Processor, Repackager, or Wholesale Distributor; Maintaining Place of Business in State

Sec. 6. (a) A manufacturer, processor, repackager, or wholesale distributor of food, drugs, or cosmetics who maintains a place of business in Indiana shall file with the state department, upon forms to be furnished by the state department, a written statement of the name and address of the owner, the character of the business, and the business address of each place of business in Indiana.
(b) A new place of business for the manufacture, processing, repacking, or wholesale distribution of food, drugs, or cosmetics may not be established in Indiana until the place of business has been registered as provided in this chapter.
(c) If ownership of a registered place of business changes, the new owner shall reregister the place of business before operating the same.
[Pre-1993 Recodification Citation: 16-1-29-15.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-7. Misleading Advertising or Labeling; Evaluation of Representations

Sec. 7. If:
(1) an article is alleged to be misbranded because the labeling is misleading; or
(2) an advertisement is alleged to be false because the advertisement is misleading;
in determining whether the labeling or advertisement is misleading, there shall be taken into account among other items not only representations made or suggested by statement, word, design, device, sound, or any combination of those methods, but also the extent to which the labeling or advertisement fails to reveal facts that are material in the light of representations or that are material with respect to consequences that may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under conditions of use that are customary or usual.
[Pre-1993 Recodification Citation: 16-1-28-3(l) part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-8. Labeling Requirements; Visibility

Sec. 8. A labeling requirement under IC 16-42-1 through IC 16-42-4 is not considered to be complied with unless:
(1) the word, statement, or other information appearing on the label also appears on the outside container or wrapper, if any, of the retail package of the article; or
(2) the word, statement, or other information appearing on the label is easily seen through the outside container or wrapper.
[Pre-1993 Recodification Citation: 16-1-28-3(i) part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-9. Advertisements; Curative or Therapeutic Effect for Certain Diseases

Sec. 9. (a) This section does not apply to an advertisement that:
(1) is disseminated only to members of the medical, dental, pharmaceutical, and other legally recognized professions dealing with the healing arts;
(2) appears only in the scientific periodicals of those professions; or
(3) is disseminated only for the purpose of public health education by persons not commercially interested in the sale of such drugs or devices.
(b) The advertisement of a drug or device that represents that the drug or device has any effect in:
albuminuria;
appendicitis;
arteriosclerosis;
blood poison;
bone disease;
Bright's disease;
carbuncles;
cancer;
cholecystitis;
diabetes;
diphtheria;
dropsy;
erysipelas;
gallstones;
heart and vascular diseases;
high blood pressure;
mastoiditis;
measles;
mumps;
nephritis;
otitis media;
paralysis;
pneumonia;
poliomyelitis (infantile paralysis);
prostate gland disorders;
pyelitis;
scarlet fever;
sexual impotence;
sexually transmitted infection;
sinus infection;
smallpox;
tuberculosis;
tumors;
typhoid;
uremia; or
meningitis;
is considered false for purposes of IC 35-43-5-4.
(c) Whenever the state department determines that an advance in medical science has made a type of self medication safe as to any of the diseases listed in this section, the state department shall adopt rules to authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to conditions and restrictions the state department considers necessary in the interests of public health.
[Pre-1993 Recodification Citation: 16-1-28-7.]
As added by P.L.2-1993, SEC.25. Amended by P.L.174-2021, SEC.17; P.L.147-2023, SEC.26.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-10. Samples or Specimen; Investigation and Examination

Sec. 10. The state department shall cause the investigation and examination of food, drugs, devices, and cosmetics subject to IC 16-42-1 through IC 16-42-4. The state health commissioner or the commissioner's authorized representative may do the following:
(1) Take a sample or specimen of any such merchandise, for examination under IC 16-42-1 through IC 16-42-4, upon tendering the market price to the person having the merchandise in custody.
(2) Enter any place, establishment, or vehicle in Indiana at reasonable times for the purpose of taking a sample or specimen of merchandise for examination.
[Pre-1993 Recodification Citation: 16-1-28-10.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-11. Inspection of Records

Sec. 11. For the purpose of enforcing IC 16-42-1 through IC 16-42-4, pertinent records of an administrative agency of the state are open to inspection by the state health commissioner or the commissioner's authorized representative.
[Pre-1993 Recodification Citation: 16-1-28-11.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-12. Access to and Copying of Records; Use of Evidence

Sec. 12. (a) For the purpose of enforcing IC 16-42-1 through IC 16-42-4, carriers engaged in commerce, and persons receiving food, drugs, devices, or cosmetics in commerce or holding such articles so received shall, upon the request of an officer or employee designated by the state department, permit the officer or employee, at reasonable times, to have access to and to copy all records showing the movement in commerce of any food, drug, device, or cosmetic, or the holding of a food, drug, device, or cosmetic during or after the movement, and the quantity, shipper, and consignee of the food, drug, device, or cosmetic.
(b) It is unlawful for a carrier or person described in subsection (a) to fail to permit access to and copying of such records upon request if the request is accompanied by a statement in writing specifying the nature or kind of food, drug, device, or cosmetic to which the request relates.
(c) Evidence obtained under this section may not be used in a criminal prosecution of the person from whom the evidence is obtained.
[Pre-1993 Recodification Citation: 16-1-28-12.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-13. Entry and Inspections

Sec. 13. For the purpose of enforcing IC 16-42-1 through IC 16-42-4, the state health commissioner or the commissioner's authorized representative may do the following:
(1) Enter, at reasonable times any produce farm, factory, warehouse, place of production, or establishment subject to IC 16-42-1 through IC 16-42-4 or enter any vehicle being used to transport or hold food, drugs, devices, or cosmetics.
(2) Inspect, at reasonable times, the produce farm, factory, warehouse, place of production, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, labeling, and advertisements.
[Pre-1993 Recodification Citation: 16-1-28-13.]
As added by P.L.2-1993, SEC.25. Amended by P.L.101-2018, SEC.4.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-14. Report of Judgments, Orders, and Decrees

Sec. 14. The state health commissioner or the commissioner's legally authorized agent may periodically publish reports summarizing all judgments, decrees, and court orders given under IC 16-42-1 through IC 16-42-4, including the nature of the charge and the disposition of the charge.
[Pre-1993 Recodification Citation: 16-1-28-14.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-15. Dissemination of Information

Sec. 15. (a) The state health commissioner or the commissioner's legally authorized agent may cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations involving, in the opinion of the state health commissioner or the commissioner's legally authorized agent, imminent danger to health or gross deception of, or fraud upon, the consumer.
(b) This section does not prohibit the state health commissioner or the commissioner's legally authorized agent from collecting, reporting, and illustrating the results of the commissioner's examinations and investigations under IC 16-42-1 through IC 16-42-4.
[Pre-1993 Recodification Citation: 16-1-28-15.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-17. Schedule of Civil Penalties; Order of Compliance; Consolidation of Proceedings

Sec. 17. (a) In addition to the other remedies provided in this article, the state department shall adopt a schedule of civil penalties that may be levied to enforce the following:
(1) This chapter, IC 16-42-2-6, IC 16-42-2-7, and IC 16-42-18.
(2) The rules adopted under this chapter, IC 16-42-2-6, IC 16-42-2-7, and IC 16-42-18 by the state department.
(b) A penalty included in the schedule of civil penalties adopted under subsection (a) may not exceed one thousand dollars ($1,000) for each violation per day.
(c) The state department may issue an order of compliance, impose a civil penalty included in the schedule of civil penalties adopted under subsection (a), or both, against a person who does any of the following:
(1) Fails to comply with this chapter, IC 16-42-2-6, IC 16-42-2-7, or IC 16-42-18 or a rule adopted under this chapter, IC 16-42-2-6, IC 16-42-2-7, or IC 16-42-18.
(2) Interferes with or obstructs the state department in the performance of duties under this chapter, IC 16-42-2-6, IC 16-42-2-7, or IC 16-42-18.
(d) An order of compliance may be issued under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be consolidated with any other proceeding commenced to enforce any of the following:
(1) This chapter, IC 16-42-2-6, IC 16-42-2-7, or IC 16-42-18.
(2) A rule adopted under this chapter, IC 16-42-2-6, IC 16-42-2-7, or IC 16-42-18.
[Pre-1993 Recodification Citation: 16-1-28-5.5.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-18. Embargo or Detention of Adulterated or Misbranded Merchandise; Tagging or Marking

Sec. 18. (a) Whenever a duly authorized agent of the state department finds or has probable cause to believe that any food, drug, device, or cosmetic is:
(1) adulterated; or
(2) so misbranded as to be dangerous or fraudulent;
within the meaning of IC 16-42-1 through IC 16-42-4, the state health commissioner or the commissioner's legally authorized agent shall affix to the merchandise a tag or other appropriate marking as described in subsection (b).
(b) The tag or marking required in subsection (a) must do the following:
(1) Give notice that the merchandise is or is suspected of being adulterated or misbranded.
(2) Give notice that the merchandise has been detained or embargoed as follows:
(A) Not more than fifteen (15) days in the case of food.
(B) Ten (10) days in the case of drugs and cosmetics.
(3) Contain a warning to all persons not to remove or dispose of the merchandise by sale or otherwise until permission for removal or disposal is given by the state department or the court.
(c) A person may not remove or dispose of detained or embargoed merchandise by sale or otherwise without permission of the state department or the court.
(d) The claimant may, under the supervision of the state department, destroy the detained merchandise.
(e) If the state department finds that merchandise that has been detained or embargoed is not adulterated or misbranded, the state department shall remove the tag or marking.
[Pre-1993 Recodification Citation: 16-1-28-22.]
As added by P.L.2-1993, SEC.25. Amended by P.L.149-2017, SEC.9.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-19. Condemnation of Detained or Embargoed Merchandise; Petition

Sec. 19. (a) When merchandise detained or embargoed under section 18 of this chapter has been found by the state department to be adulterated or misbranded, the state department shall within five (5) days cause to be filed a petition in any circuit or superior court in whose jurisdiction the merchandise is detained or embargoed for condemnation of the merchandise as provided in this chapter.
(b) The proceedings shall be brought in the name of the state by the prosecuting attorney of the county in which a violation occurs against the merchandise, and the petition shall be verified by the state department. The petition must do the following:
(1) Describe the merchandise.
(2) State the location of the merchandise.
(3) State the name of the person, firm, limited liability company, or corporation in actual possession.
(4) State the name of the owner, if known, to the state department.
(5) Allege the particular violation that is claimed to exist.
(6) Otherwise conform to the requirements of a petition for condemnation of an adulterated or misbranded food, drug, device, or cosmetic in the United States courts.
[Pre-1993 Recodification Citation: 16-1-28-23.]
As added by P.L.2-1993, SEC.25. Amended by P.L.8-1993, SEC.252.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-20. Seizure and Destruction of Embargoed or Detained Merchandise

Sec. 20. (a) Upon the filing of a petition for condemnation of an adulterated or misbranded food, drug, device, or cosmetic, the court shall promptly cause process to issue to the appropriate law enforcement agency commanding the law enforcement agency to seize the merchandise described in the court order and to hold the goods for further order of the court.
(b) The appropriate law enforcement agency shall, at the time of seizure of goods under this section, serve a copy of the process upon the owner of the merchandise.
(c) At the expiration of thirty (30) days after the seizure of merchandise under this section, if no claimant has appeared to defend against the petition, the court shall order the appropriate law enforcement agency to destroy the seized merchandise.
[Pre-1993 Recodification Citation: 16-1-28-24.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-21. Filing of Answer or Demurrer

Sec. 21. A person:
(1) having an interest in the alleged adulterated or misbranded foods, drugs, devices, or cosmetics; or
(2) against whom a civil or criminal liability would exist if the merchandise is adulterated or misbranded;
may, at any time before destruction of the merchandise, appear and file answer or demurrer to the petition. Such appearance and answer or demurrer shall be filed in open court, or if in vacation, with the clerk or judge of the court. The answer or demurrer must allege the interest or liability of the party filing it. In all other respects, the issues shall be raised as in other civil actions.
[Pre-1993 Recodification Citation: 16-1-28-25.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-22. Rights of Litigants

Sec. 22. The right of change of venue from the county, the right of change of judge, and the right of trial by jury are the same as in civil cases.
[Pre-1993 Recodification Citation: 16-1-28-26.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-23. Election to Divide Libeled Merchandise Into Lots; Dismissal as to Particular Lots; Consent to Destruction of Particular Lots

Sec. 23. (a) At any time before trial, the defense may file with the court a written election to divide into lots the merchandise that is alleged to be adulterated or misbranded. Each of the lots must be described in the written election in such a way as to enable them to be distinguished.
(b) If different parties are defending as to separate lots, the court shall proceed to docket as many separate actions as there are separate defendants.
(c) The state department may dismiss as to any lot without prejudice to the proceeding against all other lots in the same seizure. Those defending may consent to the destruction of any lot without prejudice to their right to defend against the condemnation of all other lots in the same seizure.
[Pre-1993 Recodification Citation: 16-1-28-27.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-24. Judgment

Sec. 24. The court or jury trying the cause shall determine and the judgment shall specify whether the contents of each separate lot are adulterated or misbranded. The court shall order the destruction by the appropriate law enforcement agency of all lots found to be adulterated or misbranded and the return by the appropriate law enforcement agency of all lots not found to be adulterated or misbranded.
[Pre-1993 Recodification Citation: 16-1-28-28.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-25. Judgment for Costs

Sec. 25. (a) A personal judgment may not be given against a defendant, except as provided in subsection (b).
(b) When merchandise is ordered destroyed, the court may give judgment against the defendant for that part of the costs occasioned by the defendant.
[Pre-1993 Recodification Citation: 16-1-28-29.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-26. Return of Libeled Merchandise; Liability for Damages

Sec. 26. (a) Whenever the court orders the return of merchandise, the appropriate law enforcement agency shall immediately return the merchandise to the place of seizure. The appropriate law enforcement agency and the appropriate law enforcement agency's bondsmen are liable for any damage to the merchandise while in the custody of the appropriate law enforcement agency if the damage was due to negligence, willfulness, or carelessness upon the part of the appropriate law enforcement agency or the appropriate law enforcement agency's agents.
(b) No subsequent proceeding in the cause or new trial may in any way involve any returned merchandise.
[Pre-1993 Recodification Citation: 16-1-28-30.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-27. New Trial; Appeal; Appeal Bond

Sec. 27. (a) A defendant may move for a new trial and may appeal to the supreme court or the court of appeals in the manner provided by law for appeals in civil actions.
(b) An appeal bond shall be fixed in an amount that covers the reasonable costs of preserving the condemned merchandise for the probable time of appeal and the court costs.
(c) If an appeal is not prosecuted to determination or if the judgment of the trial court is affirmed, the defendant bringing the appeal is liable for the following:
(1) The costs adjudged against the defendant or defendants in the trial court.
(2) The costs of appeal.
(3) The actual reasonable cost of preserving the condemned merchandise during the appeal period.
(d) The court of appeals and the supreme court shall dispose of appeals brought under this chapter as speedily as possible with due regard to the rights of the parties involved.
[Pre-1993 Recodification Citation: 16-1-28-31.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-28. Judgment as Evidence

Sec. 28. A judgment in a condemnation proceeding under this chapter is not admissible as evidence in any other legal proceeding.
[Pre-1993 Recodification Citation: 16-1-28-32.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-29. Costs Not Adjudicated Against Defendants

Sec. 29. All costs not adjudicated against the defendants in accordance with this chapter are to be determined and collected in the manner provided by law for the determination and collection of costs in unsuccessful criminal prosecutions.
[Pre-1993 Recodification Citation: 16-1-28-33.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-30. Libel for Condemnation; Procedure

Sec. 30. Except as otherwise provided in this chapter, the procedure for condemnation proceedings under this chapter must conform, as nearly as possible, to the procedure for civil actions.
[Pre-1993 Recodification Citation: 16-1-28-34.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-31. Destruction of Adulterated or Misbranded Products; Expenses

Sec. 31. (a) If the court finds that detained or embargoed merchandise is adulterated or misbranded, the merchandise must, after entry of the judgment or decree, be destroyed at the expense of the claimant, under the supervision of the state department.
(b) All:
(1) court costs and fees; and
(2) storage and other proper expenses;
shall be taxed against the claimant of the merchandise or the claimant's agent.
(c) If the adulteration or misbranding of merchandise can be corrected by proper labeling or processing of the merchandise, the court may order the merchandise to be delivered to the claimant for labeling or processing under the supervision of the state department under the following conditions:
(1) After entry of the decree or judgment.
(2) After costs, fees, and expenses have been paid.
(3) After sufficient bond, conditioned that the merchandise be so labeled or processed, is executed.
The expense of the supervision of labeling and processing shall be paid by the claimant. The bond shall be returned to the claimant of the merchandise on representation to the court by the state health commissioner or the commissioner's legally authorized agent that the merchandise no longer violates IC 16-42-1 through IC 16-42-4 and that the expenses of supervision by the state department have been paid.
[Pre-1993 Recodification Citation: 16-1-28-35.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-32. Notice and Opportunity for Hearing Preceding Criminal Prosecution

Sec. 32. Before any violation of IC 16-42-1 through IC 16-42-4 is reported by the state health commissioner or the commissioner's authorized agent to a prosecuting attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present the person's views to the state health commissioner or the commissioner's authorized agent, either orally or in writing, with regard to the contemplated proceeding.
[Pre-1993 Recodification Citation: 16-1-28-38.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-33. Minor Violations

Sec. 33. IC 16-42-1 through IC 16-42-4 does not require the state health commissioner or the commissioner's authorized agent to report, for the institution of proceedings under those provisions, minor violations of those provisions whenever the state health commissioner or the commissioner's legally authorized agent believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
[Pre-1993 Recodification Citation: 16-1-28-39.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-34. Chapter Violations; Offenses

Sec. 34. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions › 16-42-1-35. Confidential Complaint Information

Sec. 35. For purposes of IC 5-14-3-4, if an individual files a complaint under this article concerning an issue related to food safety or a food borne illness, including any health or sanitary condition at a food establishment, the department shall keep the following information of the individual who filed the complaint confidential:
(1) Name.
(2) Address.
(3) Telephone number.
(4) Electronic mail address.
(5) Personal health information.
(6) Any other information that could identify the complainant.
As added by P.L.149-2017, SEC.10.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 2. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Foods › 16-42-2-1. Conformity to Federal Standards and Definitions; Promotion of Honesty and Fair Dealing; Optional Ingredients

Sec. 1. (a) Whenever any definitions or standard of identity, quality, or fill of container for any food or class of food are promulgated under authority of the Federal Act or the Federal Meat Inspection Act of 1907, as amended, the state department shall adopt definitions and standards for Indiana.
(b) Whenever, with regard to any other food or class of food, the state department finds that such action will promote honesty and fair dealing in the interest of consumers, the state department shall adopt rules establishing for any food or class of food:
(1) a reasonable definition and standard of identity; and
(2) a reasonable standard of quality and fill of container.
(c) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the state department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients required to be named on the label.
[Pre-1993 Recodification Citation: 16-1-29-1.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 2. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Foods › 16-42-2-1.1. Duties of State Veterinarian and State Board of Animal Health

Sec. 1.1. (a) The state veterinarian shall act in place of the state health commissioner under this chapter when impounding or disposing of adulterated or misbranded products under IC 15-17-5 or IC 15-18-1.
(b) The Indiana state board of animal health shall act in place of the Indiana department of health under this chapter when impounding or disposing of adulterated or misbranded products under IC 15-17-5 or IC 15-18-1.
As added by P.L.137-1996, SEC.69. Amended by P.L.2-2008, SEC.42; P.L.56-2023, SEC.164.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 2. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Foods › 16-42-2-4. Food in Transit for Repackaging or Relabeling

Sec. 4. Food that, in accordance with the practice of the trade, is to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where the food was originally processed or packed, is exempt from the affirmative labeling requirements of IC 16-42-1 through IC 16-42-4 while the food is in transit in intrastate commerce from one (1) establishment to the other, if such transit is made in good faith for completion purposes only. However, the food is otherwise subject to all the applicable provisions of IC 16-42-1 through IC 16-42-4.
[Pre-1993 Recodification Citation: 16-1-29-16.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 2. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Foods › 16-42-2-6. Unfit Perishable Articles; Condemnation or Destruction

Sec. 6. (a) Any dairy product, meat, meat product, seafood, poultry, confectionery, bakery product, vegetable, fruit, or other perishable article:
(1) that is unsound;
(2) that contains any filthy, decomposed, or putrid substance; or
(3) that may be poisonous or deleterious to health or otherwise unsafe;
constitutes a nuisance.
(b) Whenever the state health commissioner or the commissioner's authorized agent finds:
(1) in any room, building, vehicle of transportation, or other structure; or
(2) on any premises;
perishable food or a food product which constitutes a nuisance under this section, the state health commissioner or the commissioner's authorized agent shall condemn or destroy the food or food product or in any other manner make the food or food product unsaleable as human food.
[Pre-1993 Recodification Citation: 16-1-28-36.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 2. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Foods › 16-42-2-7. Pcb Contaminated Livestock and Poultry; Indemnification

Sec. 7. (a) The state department shall indemnify livestock and poultry producers who, as a result of the direction of a state agency, are required after January 1, 1976, to remove livestock, livestock products, poultry, or poultry products of the producers from commercial markets because of contamination by polychlorinated biphenyls (PCB's).
(b) Indemnity may not be paid for any contamination that is the result of an intentional act of the livestock or poultry producer or that results from the continuous use of a known contaminated feed or water supply.
(c) Indemnity compensation shall be paid for losses incurred in the preceding calendar year and may not exceed eighty percent (80%) of the average commercial market value of the livestock, livestock product, poultry, or poultry product, less any indemnity received from another state or federal agency, for the period the producer is unable to sell the products. However, the aggregate indemnity compensation paid may not exceed the appropriation for any fiscal year.
(d) For purposes of this section, the commercial market value of livestock subject to indemnity compensation shall be determined as of the time of condemnation.
(e) The state department may adopt rules under IC 4-22-2 for the administration of this section.
(f) The state has the power of subrogation against any third party for indemnity amounts paid.
[Pre-1993 Recodification Citation: 16-1-28-36.5.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 2. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Foods › 16-42-2-8. Recipe or Teaching Adulteration or Imitation of Foods; Offense

Sec. 8. A person who:
(1) knowingly sells, offers for sale, trades, or gives away a recipe or formula for the adulteration or imitation of food; or
(2) knowingly teaches or offers to teach any method or means of adulterating any article of food or means of producing or manufacturing any imitation of any article of food;
commits a Class B misdemeanor.
[Pre-1993 Recodification Citation: 16-9-3-5.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 2. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Foods › 16-42-2-9. Chapter Violations; Offenses

Sec. 9. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-1. Antibiotic Drug Defined

Sec. 1. As used in this chapter, "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance that is produced by microorganisms and that has the capacity to inhibit or destroy microorganisms in dilute solution, including the chemically synthesized equivalent of the substance.
[Pre-1993 Recodification Citation: 16-1-30-12 part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-2. Established Name Defined

Sec. 2. As used in this chapter, "established name", with respect to a drug or ingredient of a drug, means:
(1) the applicable official name designated under Section 508 of the Federal Act;
(2) if there is no official name and the drug or the ingredient is an article recognized in an official compendium, the official title of the drug or ingredient in the compendium; or
(3) if neither subdivision (1) nor (2) applies, the common or usual name, if any, of the drug or the ingredient.
However, when subdivision (2) applies to an article recognized in the United States Pharmacopoeia and in the Homeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopoeia applies unless the article is labeled and offered for sale as a homeopathic drug, in which case the official title used in the Homeopathic Pharmacopoeia applies.
[Pre-1993 Recodification Citation: 16-1-30-8 part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-2.5. Duties of State Veterinarian and State Board of Animal Health

Sec. 2.5. (a) The state veterinarian shall act in place of the state health commissioner under this chapter when impounding or disposing of adulterated or misbranded products under IC 15-17-5 or IC 15-18-1.
(b) The Indiana state board of animal health shall act in place of the Indiana department of health under this chapter when impounding or disposing of adulterated or misbranded products under IC 15-17-5 or IC 15-18-1.
As added by P.L.137-1996, SEC.70. Amended by P.L.2-2008, SEC.43; P.L.56-2023, SEC.165.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-5. Exemption of Drugs or Devices in Transit for Further Processing, Labeling, or Repackaging

Sec. 5. A drug or device that, in accordance with the practice of the trade, is to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where the drug or device was originally processed or packed, is exempt from the labeling and packaging requirements of IC 16-42-1 through IC 16-42-4 while the drug or device is in transit in intrastate commerce from one (1) establishment to the other if the transit is made in good faith for completion purposes only. However, the drug or device is otherwise subject to the applicable provisions of IC 16-42-1 through IC 16-42-4.
[Pre-1993 Recodification Citation: 16-1-30-14.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-7. New Drugs; Federal Qualification; Testing; Application to Introduce Drug

Sec. 7. (a) This section does not apply under the circumstances described in section 9 of this chapter.
(b) A person may not sell, deliver, offer for sale, hold for sale, give away, or introduce into intrastate commerce any new drug unless:
(1) an application to sell, deliver, offer for sale, hold for sale, give away, or introduce into intrastate commerce a new drug has been approved and the approval has not been withdrawn under Section 505 of the Federal Act; or
(2) if not subject to the Federal Act the drug has been tested and has been found to be safe for use and effective in use under the conditions prescribed, recommended, or suggested in the labeling of the drug.
(c) Before selling or offering for sale the new drug, there must be filed with the state department an application setting forth the following:
(1) Full reports of investigations that have been made to show whether or not the drug is safe for use and whether the drug is effective in use.
(2) A full list of the articles used as components of the drug.
(3) A full statement of the composition of the drug.
(4) A full description of the methods used in and the facilities and controls used for the manufacture, processing, and packing of the drug.
(5) Such samples of the drug and of the articles used as components of the drug that the state department requires.
(6) Specimens of the labeling proposed to be used for the drug.
[Pre-1993 Recodification Citations: 16-1-30-16; 16-1-30-18 part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-8. New Drugs; Time for Application to Take Effect

Sec. 8. (a) This section does not apply under the circumstances described in section 9 of this chapter.
(b) An application provided for under section 7 of this chapter becomes effective on the one hundred eightieth day after the filing of the application. However, if the state department finds, after due notice to the applicant and giving the applicant an opportunity for a hearing that:
(1) the drug is not safe or not effective for use under the conditions prescribed, recommended, or suggested in the proposed labeling of the drug;
(2) the methods used in and the facilities and controls used for the manufacture, processing, and packing of the drugs are inadequate to preserve the drug's identity, strength, quality, and purity; or
(3) based on a fair evaluation of all material facts, that the labeling is false or misleading in any particular;
the state department shall, before the effective date of the application, issue an order refusing to permit the application to become effective.
[Pre-1993 Recodification Citations: 16-1-30-17; 16-1-30-18 part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-10. New Drugs; Revocation of Order Refusing Application to Take Effect; Revocation of Approved Application

Sec. 10. (a) An order refusing to permit an application under section 7 or 8 of this chapter to become effective may be revoked by the state department.
(b) The state department may, after affording an opportunity for public hearing and judicial appeal, revoke an application approved under section 7 or 8 of this chapter if the state department finds any of the following:
(1) That the drug, based on evidence acquired after approval, may not be safe or effective for the intended use.
(2) That the facilities or controls used in the manufacture, processing, or labeling of the drug may present a hazard to the public health.
[Pre-1993 Recodification Citation: 16-1-30-19.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-11. Representation of Antiseptic

Sec. 11. The representation of a drug in the labeling or advertisement as an antiseptic is considered to be a representation that the drug is a germicide, except if a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use involves prolonged contact with the body.
[Pre-1993 Recodification Citation: 16-1-28-3(m).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3. Uniform Food, Drug, and Cosmetic Act: Adulteration and Misbranding of Drugs or Devices › 16-42-3-12. Violation of Chapter; Offenses

Sec. 12. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3.5. Produce Farm Food Safety › 16-42-3.5-1. Produce Farm Requirements; Suspension of Requirements

Sec. 1. (a) Subject to subsection (b), a produce farm shall comply with the requirements in 21 CFR 112. However, a produce farm that has a qualified exemption under 21 CFR 112 is required only to comply with the requirements specified for the qualified exemption under 21 CFR 112.6.
(b) The state department may suspend the requirements under subsection (a) if the federal government does not provide sufficient funds for the state department to administer and enforce the requirements in 21 CFR 112. However, if the federal government does not provide any funds for the state department to administer and enforce the requirements in 21 CFR 112, the state department shall suspend the requirements under subsection (a).
As added by P.L.101-2018, SEC.5.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 3.5. Produce Farm Food Safety › 16-42-3.5-2. Implementation; Rules

Sec. 2. (a) The state department shall implement this chapter.
(b) The state department may adopt rules under IC 4-22-2 that are necessary to implement this chapter. However, the rules may not provide for requirements that are more stringent than required under 21 CFR 112.
As added by P.L.101-2018, SEC.5.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 4. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Cosmetics › 16-42-4-1. Hair Dye Defined

Sec. 1. As used in this chapter, "hair dye" does not include eyelash dyes or eyebrow dyes.
[Pre-1993 Recodification Citation: 16-1-31-1 part.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 4. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Cosmetics › 16-42-4-1.1. Duties of State Veterinarian and State Board of Animal Health

Sec. 1.1. (a) The state veterinarian shall act in place of the state health commissioner under this chapter when impounding or disposing of adulterated or misbranded products under IC 15-17-5 or IC 15-18-1.
(b) The Indiana state board of animal health shall act in place of the Indiana department of health under this chapter when impounding or disposing of adulterated or misbranded products under IC 15-17-5 or IC 15-18-1.
As added by P.L.137-1996, SEC.71. Amended by P.L.2-2008, SEC.44; P.L.56-2023, SEC.166.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 4. Uniform Food, Drug, and Cosmetic Act: Adulteration or Misbranding of Cosmetics › 16-42-4-2. Adulterated Cosmetics

Sec. 2. A cosmetic is considered to be adulterated under the following conditions:
(1) If the cosmetic bears or contains a poisonous or deleterious substance that may make the cosmetic injurious to users under the conditions of use prescribed in the labeling of the cosmetic or under the conditions of use that are customary or usual. However this subdivision does not apply to coal-tar hair dye if the following conditions are met:
(A) The label on the dye conspicuously displays the following message:
"Caution ─ This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness.".
(B) The labeling contains adequate directions for preliminary testing.
(2) If the cosmetic consists in whole or in part of a filthy, putrid, or decomposed substance.
(3) If the cosmetic has been prepared, packed, or held under unsanitary conditions as the result of which the cosmetic may have become contaminated with filth or as the result of which the cosmetic may have been made injurious to health.
(4) If the container of the cosmetic is composed in whole or in part of a poisonous or deleterious substance that may make the contents injurious to health.
(5) If the cosmetic is not a hair dye and the cosmetic is, bears, or contains a color additive that is unsafe under IC 16-42-2-5.
[Pre-1993 Recodification Citations: 16-1-31-1 part; 16-1-31-2; 16-1-31-3; 16-1-31-4; 16-1-31-5.]
As added by P.L.2-1993, SEC.25.