reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 14 - Labeling and Containers › Section 14-20 - Modifications of approved label; permission of officer in charge

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 20.
An area supervisor may permit modification of approved labels
				  or markings in the following circumstances if the board's central office is
				  notified of the changes and the labeling or marking as modified and used is not
				  false or misleading:
(1) When all
				features of the label or marking are proportionately enlarged and the color
				scheme remains the same.
(2) When:
(A) there is substitution of such
				abbreviations as:
(i) "lb." for "pound";
				or
(ii) "oz." for "ounce";
				or
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 14 - Labeling and Containers › Section 14-27 - Incorporation by reference; quantity of contents labeling and procedures and requirements for accurate weights

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17
Sec. 27.
The provisions of
				  345
				  IAC 9-17-20 apply to poultry
				  establishments.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 18 - Cooperation with Federal Programs › Section 18-1 - State-federal program

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 1.
(a) The
				division is authorized to cooperate with the Secretary of Agriculture of the
				United States to effectuate the purposes of the Act.
(b) Such cooperation may include receiving
				the advisory assistance, technical and laboratory assistance and training, and
				financial aid from the Secretary of Agriculture of the United States. The state
				veterinarian may receive any funds available from the United States government
				toward the cost of the program. The cooperative program under this section is
				called a state-federal program.
NOTE: Transferred from the Indiana State Department of
					 Health ( 410 IAC 10-18-1 ) to the Indiana State Board of Animal Health ( 345
					 IAC 10-18-1 ) by P.L.
					 138-1996,
					 SECTION
					 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 18 - Cooperation with Federal Programs › Section 18-2 - Federal-state program

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 2.
(a) At the
				discretion of the state veterinarian, state employees may be assigned to plants
				granted federal inspection under the "Talmadge-Aiken Act" (
				7
				U.S.C. 450 ) and receive any funds available
				from the United States government for the carrying out such required functions
				at plants granted federal meat inspection. The cooperative program under this
				section is called a federal-state program.
(b) The state veterinarian may enter into an
				agreement with the United States Department of Agriculture to participate in a
				cooperative program for interstate shipment of carcasses, poultry, and poultry
				products under 9 CFR Part 381, Subpart Z. Notwithstanding any provision of this
				article, an establishment that is a selected establishment for the purposes of
				interstate shipment under 9 CFR Part 381, Subpart Z shall follow the federal
				regulations governing participation in the selected establishment interstate
				shipment program.
NOTE: Sec. 1.187 reserved by agency. NOTE: Transferred from
					 the Indiana State Department of Health ( 410 IAC 10-18-2 ) to the Indiana State
					 Board of Animal Health ( 345 IAC 10-18-2 ) by
					 P.L.
					 138-1996,
					 SECTION
					 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-1 - Applicability

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 1.
An authorized representative of the board may detain any
				  poultry carcass or part thereof, any product made wholly or in part from any
				  poultry carcass or part thereof, and any dead, dying, disabled, or diseased
				  poultry that is subject to this article and the Act for a period not to exceed
				  twenty (20) days if there is reason to believe that any such poultry or other
				  article is adulterated or misbranded and is capable of use as human food, or
				  has not been inspected in violation of the provisions of this article or the
				  Act.
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-1 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-1
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-2 - Tagging poultry

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 2.
An authorized representative of the board shall detain any
				  poultry or other article to be detained under this article, by affixing to such
				  article an official "Indiana Retained Tag" and issuing the "Notice of
				  Detention".
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-2 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-2
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-3 - Notification of detention to owner

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 3.
When any poultry or other article is detained under this
				  article, an authorized representative of the board shall give oral notification
				  of the detention to the owner of the article or poultry detained. The
				  notification shall be made to the owner only if the owner can be ascertained
				  and notified after a reasonable inquiry. If the owner cannot be ascertained or
				  notified, the board representative may notify the owner's agent or the
				  immediate custodian of the article or poultry. The board representative shall
				  promptly furnish the person notified a completed "Notice of
				  Detention".
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-3 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-3
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-4 - Notification of detention to federal authorities

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 4.
Within forty-eight (48) hours after the detention of any
				  poultry or article pursuant to this article, an authorized representative of
				  the board shall give oral or written notification of such detention to any
				  federal authorities not connected with the inspection service having
				  jurisdiction over such poultry or article.
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-4 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-4
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-5 - Movement of article or poultry; termination of detention

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 5.
No article or poultry detained in accordance with this
				  article shall be moved by any person from the place at which it is located when
				  so detained, until released by an authorized representative of the board,
				  provided that any such article or poultry may be moved from the place at which
				  it is located when so detained for refrigeration, freezing, or storage purposes
				  if such movement has been approved by an authorized representative of the
				  board. Provided further, that the article or poultry so moved will be detained
				  by an authorized representative of the board after such movement until such
				  time as the detention is terminated. When the detention of such article or
				  poultry is terminated, an authorized representative of the board will remove
				  the "Retained Tags" and the "Notice of Detention". The owner or his agent or
				  the carrier or other person in possession of the article or poultry who was
				  notified when the article or poultry was detained will receive notification of
				  the termination. All official marks may be required by such representative to
				  be removed from such article or poultry before it is released unless it appears
				  to the satisfaction of the representative that the article or poultry is
				  eligible to retain such marks.
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-5 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-5
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-6 - Applicability of judicial seizure and condemnation provisions

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5-21
Sec. 6.
Any poultry carcass or part thereof, any product made wholly
				  or in part from any poultry carcass or part thereof, or any dead, dying,
				  disabled, or diseased poultry that is subject to the Act is subject to seizure
				  and condemnation in a judicial proceeding pursuant to IC 15-17-5-21 if such
				  article or poultry:
(1) is or has been
				prepared, sold, transported, or otherwise distributed, or offered or received
				for distribution in violation of the Act;
(2) is capable of use as human food and is
				adulterated or misbranded; or
(3)
				is in violation of the Act in any other way.
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-6 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-6
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-7 - Procedure for condemnation and disposition; jurisdiction

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5-21
Sec. 7.
Any article or poultry subject to seizure and condemnation
				  under this article shall be liable to be proceeded against, seized, condemned
				  and disposed of at any time on an appropriate pleading in any county or
				  judicial court, or as specified in IC 15-17-5-21, within the jurisdiction in
				  which the article or poultry is found.
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-7 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-7
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-8 - Authority for condemnation or seizure

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 8.
The provisions of this article relating to seizure,
				  condemnation, and disposition of articles or poultry do not derogate from
				  authority for condemnation or seizure conferred by other provisions of the Act
				  or other laws.
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-8 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-8
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION › Rule 20 - Detention; Seizure and Condemnation; Criminal Offenses › Section 20-9 - Criminal offenses

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5
Sec. 9.
Criminal offenses. The act contains criminal provisions with
				  respect to numerous offenses specified in the Act, including but not limited to
				  bribery of division employees, receipt of gifts by division employees, and
				  forcible assaults on, or other interference with, division employees while
				  engaged in, or on account of, the performance of their official duties under
				  the Act.
Transferred from the Indiana State Department of Health (
					 410 IAC 10-20-9 ) to the Indiana State Board of Animal Health ( 345 IAC 10-20-9
					 ) by P.L. 137-1996, SECTION 76, effective July 1, 1996.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 12 - GRADING AND CERTIFICATION PROGRAMS › Rule 1 - Grading and Certification of Meat and Meat Products › Section 1-1 - Definitions and general provisions

Current through July 10, 2024
Authority: IC
				  15-17-3-19; IC
				  15-17-3-21
Affected: IC 15-17
Sec. 1.
(a) The
				definitions in IC 15-17-2 and the following definitions apply throughout this
				rule:
(1) "Board" means the Indiana state
				board of animal health appointed under IC 15-17-3.
(2) "State veterinarian" means the state
				veterinarian appointed by the board under IC 15-17-4 and any authorized
				agents.
(3) "USDA" means the United
				States Department of Agriculture.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 12 - GRADING AND CERTIFICATION PROGRAMS › Rule 1 - Grading and Certification of Meat and Meat Products › Section 1-2 - Grading and certification programs

Current through July 10, 2024
Authority: IC
				  15-17-3-19; IC
				  15-17-3-21
Affected: IC 15-17-5.5
Sec. 2.
(a) The
				state veterinarian may do the following:
(1)
				Create and implement voluntary grading and certification programs for meat and
				meat products providing the services described in section 3 of this
				rule.
(2) Enter into agreements
				with the USDA or other federal agencies to implement federal grading and
				certification programs for meat and meat products in the state.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 12 - GRADING AND CERTIFICATION PROGRAMS › Rule 1 - Grading and Certification of Meat and Meat Products › Section 1-3 - Kind of service

Current through July 10, 2024
Authority: IC
				  15-17-3-19; IC
				  15-17-3-21
Affected: IC 15-17-5.5
Sec. 3.
(a) Grading
				service under this rule consists of the determination and certification and
				other identification of the class, grade, or other quality of products under
				applicable standards. Class, grade, and other quality may be determined under
				the standards for meat of cattle, sheep, or swine in carcass form only, but the
				state veterinarian may approve other procedures upon his or her determination
				of good cause and provided that the meat can be identified in conformance with
				the standards.
(b) Certification
				service under this rule consists of determining the conformity of products to
				specifications approved by the state veterinarian and the certification and
				other identification of such livestock or products in accordance with
				specifications. Determination as to product compliance with specifications for
				ingredient content or method of preparation may be based upon information
				received from the inspection system having jurisdiction over the products
				involved.
(c) Carcass data service
				under this rule consists of the evaluation of carcass characteristics, in
				accordance with applicable official United States standards of carcasses, of
				animals identified with official identification under this rule, the recording
				of such data, and transmittal of the data to, or as directed by, the applicant
				for the service.
(d) Contract
				verification service under this rule provides wholesale buyers of noncertified
				commodity products a method of determining whether procurement or procurements
				met contractually specified requirements.
(e) Other services requested by applicants
				that are consistent with the purposes of this rule.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 12 - GRADING AND CERTIFICATION PROGRAMS › Rule 1 - Grading and Certification of Meat and Meat Products › Section 1-4 - Obtaining service

Current through July 10, 2024
Authority: IC
				  15-17-3-19; IC
				  15-17-3-21
Affected: IC 15-17-5.5
Sec. 4.
(a) Service
				under this rule may be made available for products produced, shipped, or
				received in commerce in the state to facilitate the:
(1) marketing;
(2) distribution;
(3) processing; or
(4) utilization; of agricultural products
				through commercial channels.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 12 - GRADING AND CERTIFICATION PROGRAMS › Rule 1 - Grading and Certification of Meat and Meat Products › Section 1-5 - Fees

Current through July 10, 2024
Authority: IC 15-17
Affected: IC 15-17-5.5
Sec. 5.
(a) The
				state veterinarian will charge and collect from applicants a fee to cover the
				cost of the services rendered under this rule.
(b) The following fees and procedures apply
				to services provided under this rule:
(1) For
				services conducted under a cooperative agreement with the USDA pursuant to 7
				CFR Part 54, the terms of the cooperative agreement and the applicable
				provisions in
				7 CFR
				54.27, which is incorporated by reference as
				a rule of the board.
(2) For
				services conducted under a cooperative agreement with a federal agency other
				than those described in subdivision (1), the cooperative agreement and
				applicable federal regulations.
(3)
				Fees and procedures that are agreed to by an applicant in an agreement to
				provide a particular service that covers the cost of the service rendered by
				the board.
(4) For services and
				circumstances other than those described in subdivisions (1) through (3), an
				hourly rate of twenty-four dollars ($24) per hour plus travel expenses related
				to providing the service. However, if services are provided:
(A) for more than eight (8) hours in one (1)
				day;
(B) for more than forty (40)
				hours in one (1) calendar week; or
(C) on a Saturday, Sunday, or legal holiday;
				the hourly rate is thirty-six dollars ($36) per hour.
(5) For all services, applicable state laws
				and fiscal policies apply.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 12 - GRADING AND CERTIFICATION PROGRAMS › Rule 1 - Grading and Certification of Meat and Meat Products › Section 1-6 - Denial and withdrawal of service

Current through July 10, 2024
Authority: IC 15-17-3-19; IC 15-17-3-21
Affected: IC 15-17-5.5
Sec. 6.
The state veterinarian may deny an application or request
				  for services under this rule or withdraw service under this rule for any of the
				  following reasons:
(1) Limitations on
				the availability of qualified personnel to conduct the services.
(2) Limitations on available funds to conduct
				the services.
(3) Nonpayment of
				fees or other charges imposed under this rule.
(4) Any reason listed in
				7 CFR
				54.11, which is incorporated by reference
				into this rule.
(5) Refusal to
				allow access to facilities, products, or records needed to conduct
				services.
(6) A violation of this
				rule or IC 15-17-5.5.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 12 - GRADING AND CERTIFICATION PROGRAMS › Rule 1 - Grading and Certification of Meat and Meat Products › Section 1-7 - USDA cooperative agreement program; official documents and devices; appeal service

Current through July 10, 2024
Authority: IC 15-17-3-19; IC 15-17-3-21
Affected: IC 15-17-5.5
Sec. 7.
If the state veterinarian enters into an agreement with the
				  USDA to implement federal grading and certification programs for meat and meat
				  products, the following apply:
(1) The
				state veterinarian and participants in the program will use the applicable
				official:
(A) certificates and procedures
				described in
				7 CFR
				54.14 through 7 CFR 54.15; and
(B) identification and procedures in
				7 CFR
				54.17; which are incorporated by reference
				into this rule.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 13 - COMMERCIAL DOG BREEDERS AND BROKERS › Rule 1 - Commercial Dog Breeder and Broker Registration › Section 1-1 - Definitions and general provisions

Current through July 10, 2024
Authority: IC
				  15-17-3-21; IC
				  15-21-3-3
Affected: IC 15-17-3; IC 15-17-4; IC 15-21
Sec. 1.
The definitions in IC 15-21 and the following definitions
				  apply throughout this rule:
(1)
				"Board" means the Indiana state board of animal health established by IC
				15-17-3.
(2) "State veterinarian"
				means the state veterinarian appointed under IC 15-17-4.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 13 - COMMERCIAL DOG BREEDERS AND BROKERS › Rule 1 - Commercial Dog Breeder and Broker Registration › Section 1-2 - Commercial dog brokers

Current through July 10, 2024
Authority: IC 15-17-3-21; IC 15-21-3-3
Affected: IC 15-21
Sec. 2.
(a) A person
				who:
(1) is a Class B licensee under
				9 CFR
				1.1; and
(2) sells five hundred (500) or more dogs in
				a calendar year; must register with the board as a commercial dog broker and
				pay the annual registration fee.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 13 - COMMERCIAL DOG BREEDERS AND BROKERS › Rule 1 - Commercial Dog Breeder and Broker Registration › Section 1-3 - Commercial dog breeders

Current through July 10, 2024
Authority: IC
				  15-17-3-21; IC
				  15-21-3-3
Affected: IC 15-21
Sec. 3.
(a) A person
				who maintains more than twenty (20) unaltered female dogs that are at least
				twelve (12) months of age must:
(1) register
				with the board as a commercial dog breeder; and
(2) pay the annual registration
				fee.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 13 - COMMERCIAL DOG BREEDERS AND BROKERS › Rule 1 - Commercial Dog Breeder and Broker Registration › Section 1-4 - Registration renewal

Current through July 10, 2024
Authority: IC
				  15-17-3-21; IC
				  15-21-3-3
Affected: IC 15-21-2; IC 15-21-3
Sec. 4.
The following apply to a registration required under
				  sections 2 and 3 of this rule:
(1) A
				person may register by submitting a completed registration application and the
				required fee to the state veterinarian.
(2) A registration is valid for one (1) year.
				The month the state veterinarian receives a completed application and the fee
				is paid is the month of registration. The month of registration will remain
				fixed. A registration expires on the last day of the month of registration in
				the following year.
(3) A person
				may renew their registration up to sixty (60) days prior to its
				expiration.
(4) A person who
				continues to operate as a commercial dog breeder or commercial dog broker after
				their registration expires may reestablish their registration under this rule
				by:
(A) submitting a completed registration
				application to the state veterinarian; and
(B) paying the fee required under subdivision
				(5).
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 14 - LIVESTOCK AND POULTRY CARE › Rule 1 - Definitions and General Provisions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  15-17-3
Affected: IC
				  15-17-2-47; IC
				  15-17-4
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Board" means the Indiana
				state board of animal health appointed under IC
				15-17-3.
(2) "Custody" means a person has immediate
				charge and control of the animal, not necessarily ownership, with implicit
				responsibility for the protection and care of the animal.
(3) "Livestock" shall have the meaning set
				forth in IC
				15-17-2-47(a).
(4) "Person responsible for caring for
				livestock or poultry" means any person with custody of the livestock or
				poultry.
(5) "Poultry" means
				farm-raised birds, such as the following:
(A)
				Chickens.
(B) Turkeys.
(C) Ducks.
(D) Geese.
(E) Guinea fowl.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 14 - LIVESTOCK AND POULTRY CARE › Rule 1 - Definitions and General Provisions › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC
				  15-17-3
Affected: IC 15-17
Sec. 2.
(a) The
				provisions of this article do not apply to the care of livestock and poultry
				used by a research facility that is regulated by the United States Department
				of Agriculture under the Animal Welfare Act (7 U.S.C. 2131 et seq.
				and 9 CFR Part 2, Subpart C).
(b)
				There is no violation of this article if:
(1)
				a person is unable to provide the required care due to an act of nature, such
				as a natural disaster; or
(2) care
				is provided or withheld in a manner prescribed by a
				veterinarian.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 14 - LIVESTOCK AND POULTRY CARE › Rule 2 - Standards of Care for All Livestock and Poultry › Section 2-1 - Food and water

Current through July 10, 2024
Authority: IC
				  15-17-3
Affected: IC 15-17
Sec. 1.
A person responsible for caring for livestock or poultry
				  must provide the animals access to food and water that can reasonably be
				  expected to maintain the health of animals of that species, breed, sex, and
				  age, raised using the applicable production method.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 14 - LIVESTOCK AND POULTRY CARE › Rule 2 - Standards of Care for All Livestock and Poultry › Section 2-2 - Shelter

Current through July 10, 2024
Authority: IC
				  15-17-3
Affected: IC 15-17
Sec. 2.
A person responsible for caring for livestock or poultry
				  must provide the animals access to sufficient shelter from the weather when it
				  can reasonably be expected to be necessary to maintain the health of animals of
				  that species, breed, sex, and age, raised using the applicable production
				  method.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 14 - LIVESTOCK AND POULTRY CARE › Rule 2 - Standards of Care for All Livestock and Poultry › Section 2-3 - Animal disease, injury, and treatment

Current through July 10, 2024
Authority: IC
				  15-17-3
Affected: IC 15-17
Sec. 3.
(a) A person
				responsible for caring for livestock or poultry must take reasonable measures
				to protect the animals from an injury or disease that can reasonably be
				expected to seriously endanger the life or health of animals of that species,
				breed, sex, and age, raised using the applicable production method.
(b) A person responsible for caring for
				livestock or poultry with an injury or disease that seriously endangers the
				life or health of the animal must either:
(1)
				provide treatment that can reasonably be expected to be sufficient for animals
				of that species, breed, sex, and age, raised using the applicable production
				method; or
(2) euthanize the
				animal.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 14 - LIVESTOCK AND POULTRY CARE › Rule 2 - Standards of Care for All Livestock and Poultry › Section 2-4 - Animal stewardship

Current through July 10, 2024
Authority: IC
				  15-17-3
Affected: IC 15-17
Sec. 4.
A person responsible for caring for livestock or poultry
				  must provide the animals with an environment that can reasonably be expected to
				  maintain the health of animals of that species, breed, sex, and age, raised
				  using the applicable production method.
Indiana Administrative Code › Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH › Article 14 - LIVESTOCK AND POULTRY CARE › Rule 2 - Standards of Care for All Livestock and Poultry › Section 2-5 - Handling and transportation

Current through July 10, 2024
Authority: IC
				  15-17-3
Affected: IC 15-17
Sec. 5.
A person handling, restraining, or transporting livestock or
				  poultry must use methods and equipment that can reasonably be expected to
				  prevent an injury that would endanger the life or health of animals of that
				  species, breed, sex, and age, raised using the applicable production
				  method.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 1 - General Provisions › Section 1-1 - Degree of fineness of unacidulated phosphate materials; registration and labeling

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-31;
				  IC
				  15-16-2-32
Sec. 1.
Degree of Fineness of Unacidulated Phosphatic Materials.
				  Rock phosphate, soft phosphate with colloidal clay, basic slag and other
				  materials, the availability of which is related to particle size, shall be
				  registered and labeled as to the percentage that will pass U. S. Standard Sieve
				  Series Number 100 (100 mesh, dry sieve method). Sec. 4a.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 1 - General Provisions › Section 1-2 - Official methods of sampling and analysis

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 2.
The methods of sampling and analysis shall be those adopted
				  by AOAC International in all cases where methods have been adopted by AOAC
				  International. In cases not covered by such methods, or in cases where methods
				  are available in which improved applicability has been demonstrated, the state
				  chemist may adopt such appropriate methods from other
				  sources.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 1 - General Provisions › Section 1-3 - Printed matter conflicting with required labeling; prohibition

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-32
Sec. 3.
No printed or written matter or design of any kind shall be
				  attached to, or appear on, or be associated with commercial fertilizer which
				  conflicts with the information described in IC 15-3-3-5
[IC 15-3 was
				  repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC
				  15-16-2-32.]
.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 1 - General Provisions › Section 1-5 - Additional plant nutrients; registration and guarantee; warning on label

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-31;
				  IC
				  15-16-2-32
Sec. 5.
(a)
				Additional plant nutrients besides nitrogen (N), phosphate
				(P2O5), and soluble potash
				(K2O), when mentioned or claimed on the:
(1) tag or label;
(2) container; or
(3) written or printed statement that
				accompanies delivery; shall be registered and guaranteed. Guarantees shall be
				made on the elemental basis. Sources of the elements guaranteed shall be shown
				on the application for registration.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 1 - General Provisions › Section 1-6 - Boron-containing fertilizers; warning requirements

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-31;
				  IC
				  15-16-2-32
Sec. 6.
When any compound of boron is incorporated in a commercial
				  fertilizer, a special warning tag or statement must be furnished to the
				  purchaser and shall contain the following:
(1) The word "WARNING" in letters at least
				three-fourths (¾) inch in height.
(2) A statement describing the crops for
				which the fertilizer is to be used.
(3) A statement declaring use of the
				fertilizer on any other crops or under conditions other than those recommended
				may result in serious injury to the crops.
The tag or statement must be attached to or printed on the
				  bag or other container in which the fertilizer is sold. For bulk fertilizers,
				  the statement must be placed on the invoice or other document that shall
				  accompany delivery and be supplied to the purchaser at the time of delivery as
				  provided in IC 15-3-3-5(b).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 1 - General Provisions › Section 1-7 - Pesticides in fertilizers; registration and guarantee

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-31;
				  IC
				  15-16-2-32
Sec. 7.
Pesticides in Fertilizers. When an insecticide, herbicide,
				  or any other additive for pest control is added to fertilizer the product must
				  be registered and guaranteed with respect to the kind and percentage of each of
				  these additives as well as with respect to plant food elements. In a prominent
				  manner the label on the package shall state the crops for which the fertilizer
				  is to be used and shall state that the use of the fertilizer on any other crops
				  or under conditions other than those recommended may result in serious injury
				  to crops.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 1 - General Provisions › Section 1-8 - Request for hearing by political subdivision for waiver for fertilizer material use

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC
				  15-16-2-50
Sec. 8.
(a) For a
				hearing requested under IC
				15-16-2-50,
				the petitioner must present evidence that supports the request for a waiver to
				adopt an ordinance. All evidence shall be received fourteen (14) days prior to
				the hearing date. The applicant has the burden of showing the need for the
				requested waiver. The evidence must include, but is not limited to, the
				following:
(1) A clear, detailed statement of
				the problem being addressed.
(2)
				The special circumstances that exist that warrant a waiver.
(3) The political entity that will be covered
				by the request (township, city, county, etc.).
(4) The resource or resources of the state
				that would be protected by the request (specific stream, river, lake, or
				pond).
(5) Current site specific
				scientific data, including applicable soil and water tests, that support the
				request.
(6) Previous mitigation
				methods or steps implemented.
(7)
				Educational efforts undertaken to address the concern.
(8) A copy of the proposed
				ordinance.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-1 - "Approved" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 1.
As used in this article, "approved" means approval by the
				  state chemist except where otherwise stated.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-1.5 - "Appurtenance" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 1.5.
As used in this article, "appurtenance" means any:
(1) valve;
(2) pump;
(3) fitting;
(4) pipe;
(5) hose;
(6) metering device; or
(7) mechanical device;
that is connected to a storage container or is used to
				  transfer a material into or out of such container.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-2 - "Aqua ammonia" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 2.
As used in this article, "aqua ammonia" means an aqueous
				  solution of anhydrous ammonia generally containing from eighteen (18) to thirty
				  (30) percent of ammonia (NH3) by weight and having a vapor pressure usually
				  varying from zero (0) to ten (10) pounds per square inch gauge (psig) at one
				  hundred four degrees Fahrenheit (104°F).
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-3 - "Discharge" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 3.
As used in this article, "discharge" means a release of
				  fluid or dry bulk fertilizer into either a secondary containment or operational
				  containment area at a storage facility.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-4 - "Dry bulk fertilizer" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 4.
As used in this article, "dry bulk fertilizer" means
				  nonfluid commercial fertilizer in an undivided quantity exceeding two hundred
				  (200) pounds.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-5 - "Elephant ring" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 5.
As used in this article, "elephant ring" means a storage
				  container with open top serving as a secondary containment vessel into which a
				  smaller primary storage container is placed.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-5.5 - "Facility" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 5.5.
As used in this article, "facility" means all land,
				  buildings, equipment, structures, and other stationary items that are located
				  on a single site or on contiguous sites and that are owned or operated by the
				  same person or by any person who controls, is controlled by, or is under common
				  control with such person.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-6 - "Field operations" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 6.
As used in this article, "field operations" means the
				  application of bulk (dry or fluid) fertilizer to soil or plants in the course
				  of normal agricultural or horticultural practice.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-7 - "Fluid bulk fertilizer" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 7.
As used in this article, "fluid bulk fertilizer" means fluid
				  fertilizer in an undivided quantity exceeding fifty-five (55) U.S. gallons.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-8 - "Fluid fertilizer" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 8.
As used in this article, "fluid fertilizer" means commercial
				  fertilizer in liquid form and includes solutions, emulsions, suspensions, and
				  slurries. "Fluid fertilizer" does not include anhydrous ammonia.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-9 - "Low pressure nitrogen solutions" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 9.
As used in this article, "low pressure nitrogen solutions"
				  means an aqueous solution of ammonium nitrate, urea, or other nitrogen carriers
				  containing various quantities of free ammonia exceeding two percent (2%) by
				  weight. Aqua ammonia and nonpressure nitrogen solutions, commonly referred to
				  as twenty-eight percent (28%), thirty percent (30%), or thirty-two percent
				  (32%) nitrogen solutions are excluded from this definition.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-10 - "Operational area" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 10.
As used in this article, "operational area" means an area or
				  areas at a storage facility where fertilizers are:
(1) transferred, loaded, unloaded, or mixed;
				or
(2) cleaned or washed from
				containers, or application, storage, or transportation equipment.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-11 - "Operational area containment" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 11.
As used in this article, "operational area containment"
				  means any structure or system designed and constructed to effectively intercept
				  and contain discharges, including container or equipment wash water and
				  rainwater, and to prevent run-off or leaching from a storage
				  facility.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-12 - "Primary containment" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 12.
As used in this article, "primary containment" means the
				  storage of fluid bulk fertilizer in storage containers at a storage
				  facility.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-13 - "Secondary containment" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 13.
As used in this article, "secondary containment" means any
				  structure, such as a dike, used to contain fertilizer discharges from bulk
				  storage containers and prevent run-off or leaching.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-13.5 - "Spill" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 13.5.
As used in this article, "spill" means any unexpected,
				  unintended, abnormal, or unapproved liquid or dry dumping, leakage, drainage,
				  seepage, or other loss of fertilizer. The term does not include releases to
				  impermeable surfaces when the fertilizer does not migrate off the surface or
				  penetrate the surface and enter the soil.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-14 - "State chemist" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 14.
As used in this article, "state chemist" means the Indiana
				  state chemist or an appointed agent.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-15 - "Storage container" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 15.
(a) As used
				in this article, "storage container" means the following:
(1) A container used for the storage of fluid
				bulk fertilizer.
(2) A rail car,
				nurse tank, or other mobile container used for the storage of fluid bulk
				fertilizer.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-16 - "Storage facility" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 16.
As used in this article, "storage facility" means a location
				  at which:
(1) fluid bulk fertilizer in
				undivided quantities in excess of:
(A) two
				thousand five hundred (2,500) gallons; or
(B) seven thousand five hundred (7,500)
				gallons total (3 × 2,500 gallon vessels); or
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 2 - Definitions › Section 2-17 - "Storage facility location registry" defined

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 17.
As used in this article, "storage facility location
				  registry" means the annual listing of all storage facilities at any location in
				  Indiana by the state chemist as derived from written notification from the
				  storage facility.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 3 - Primary Containment of Fluid Bulk Fertilizer at Storage Facilities › Section 3-1 - Storage containers and appurtenances; general

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 1.
(a) Storage
				containers and appurtenances shall be constructed, installed, and maintained so
				as to prevent the discharge or spill of fluid fertilizer.
(b) Storage containers and appurtenances
				shall be constructed of materials which are resistant to corrosion, puncture,
				or cracking.
(c) Materials used in
				the construction or repair of storage containers and appurtenances may not be
				of a type that react chemically or electrolytically with stored fluid
				fertilizer in a way that may weaken the storage container or appurtenances or
				create a risk of discharge or spill.
(d) Metals used for valves, fittings, and
				repairs on metal containers shall be compatible with the metals used in the
				construction of the storage container so that the combination of metals does
				not cause or increase corrosion that may weaken the storage container or its
				appurtenances or create a risk of discharge or spill.
(e) Storage containers and appurtenances
				shall be designed to handle all operating stresses, taking into account static
				head, pressure build-up from pumps and compressors, and any other mechanical
				stresses to which the storage containers and appurtenances may be subject in
				the foreseeable course of operations.
Indiana Administrative Code › Title 355 - STATE CHEMIST OF THE STATE OF INDIANA › Article 2 - COMMERCIAL FERTILIZERS › Rule 3 - Primary Containment of Fluid Bulk Fertilizer at Storage Facilities › Section 3-2 - Prohibition against underground storage; exemptions

Current through July 10, 2024
Authority: IC
				  15-16-2-44
Affected: IC 15-16-2
Sec. 2.
No person shall store fluid fertilizer in an underground or
				  lined pit storage container. This prohibition does not apply to the
				  following:
(1) A watertight catch
				basin used for the temporary collection of run-off or rinsate from transfer and
				loading areas.
(2) Storage in a
				"316" or "317" stainless steel storage container, or in another approved
				container, if the storage container is enclosed within an approved liner and an
				approved program of ground water monitoring to detect leakage is
				established.