Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 2 - Administration; Application of Inspection and Other Requirements › Section 2-3 - Applicability of inspection provisions

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5-11; IC 15-17-11; IC 15-17-17
Sec. 3.
(a) Except as
				provided in IC 15-17-5-11 and this article, inspection under the act and this
				article is required at every establishment in which any poultry is slaughtered
				or any poultry products are processed for transportation or sale in commerce as
				articles intended for use as human food. The division may implement inspection
				procedures for processing operations that are different than the inspection
				procedures for slaughter operations. Processing procedures may include
				procedures that allow for varied frequency of inspection depending on the
				processing operations conducted.
(b) The division shall inspect the
				construction, sanitation, and operation of an applicant's establishment
				according to this article prior to and after granting inspection services or an
				exemption from inspection services. The division may temporarily or permanently
				withdraw inspection services or a grant of exemption from an establishment for
				violations of the act and this article.
(c) A person submitting an application for
				inspection under this section must include a description of the means by which
				the establishment will dispose of inedible products. The division shall approve
				the inedible disposal method if the proposed method complies with the act, this
				article, and IC 15-17-11.
(d) The
				state veterinarian may refuse to provide, or withdraw, inspection service under
				this rule with respect to any establishment if he or she determines that the
				applicant or recipient is unfit to engage in any business requiring inspection
				under the act or rules adopted under the act because the applicant or
				recipient, or anyone responsibly connected with the applicant or recipient, has
				been convicted in a federal or state court of:
(1) any felony; or
(2) more than one (1) violation of any law,
				other than a felony; based upon the acquiring, handling, or distributing of
				unwholesome, mislabeled, or deceptively packaged food or upon fraud in
				connection with transactions in food. This subsection shall not affect in any
				way other provisions of the act or rules adopted under the act for withdrawal
				of inspection services from establishments for any other reason. The state
				veterinarian's refusal or withdrawal action may be for a period of time or
				indefinitely as he or she deems necessary to effectuate the purposes of the
				act. The state veterinarian shall notify the applicant or recipient of the
				service of his or her opportunity for a hearing to review the action under IC
				15-17-17. For the purpose of this section, a person shall be deemed to be
				responsibly connected with the business if he or she was a partner, an officer,
				a director, a holder or an owner of ten percent (10%) or more of its voting
				stock, or an employee in a managerial or an executive
				capacity.