§ 15-17-5-11 — Exempt operation antemortem and postmortem inspection requirements; limited permits; inspections; requirements; rules

Indiana § 15-17-5-11

• Jurisdiction: Indiana
• Art. 17: ANIMAL HEALTH AND ANIMAL PRODUCTS
• Ch. 5: Meat and Poultry Inspection; Humane Slaughter Act

Text

(a) As provided in this section, the board
shall issue limited permits for the operations of an establishment that
are exempt from antemortem inspection and postmortem inspection
and other requirements of this chapter if any of the following
conditions exist:
(1) To the extent the operations would be exempt from the
corresponding requirements under the federal Meat Inspection
Act, Section 23 (21 U.S.C. 623), or the Poultry Products
Inspection Act, Section 14 (21 U.S.C. 464), if the operations were
conducted in or for interstate commerce.
(2) The state is designated under the federal acts as one in which
the federal requirements apply to commerce in Indiana.
A person operating an establishment under subsection (f) shall obtain
a limited permit from the board.
(b) The board may enter and inspect the operation of an
establishment described in subsection (a) to determine compliance with
this chapter. When the operation of an establishment appears to be a
detriment to health and public welfare, the establishment may be
brought under this chapter by executive order of the state veterinarian
issued in compliance with IC 4-21.5.
(c) Livestock and poultry slaughtered according to the ritual
requirements of a religious faith that prescribes a method of slaughter
by which the livestock or poultry suffers loss of consciousness by
anemia of the brain caused by the simultaneous and instantaneous
severance of the carotid arteries with a sharp instrument is a humane
method under this chapter. However, livestock must be slaughtered
immediately following total suspension from the floor.
(d) Except as required in an agreement between the United States
Department of Agriculture and the board, a person operating under the
inspection program of the federal acts, as amended, is exempt from this
chapter.
(e) Except as provided in subsection (f), poultry products produced
in an establishment operating under an exemption or limited permit
described in subsection (a) must be labeled in accordance with rules
adopted by the board and may only be distributed directly to a
household consumer who:
(1) is the last person to purchase the poultry product; and
(2) does not resell the poultry.
Distribution directly to a household consumer includes sales at the
farm, at a farmers' market, at a roadside stand, and through delivery to
the consumer.
(f) The board shall issue a limited permit to an establishment
operating under subsection (a) and 9 CFR 381.10(a)(5) and 9 CFR
381.10(a)(6) to produce poultry products for distribution to retail
stores, hotels, restaurants, and institutions that resell or serve the
products to consumers, if the establishment meets the following
additional requirements:
(1) The establishment notifies the board of its operating schedule.
(2) The establishment meets the standards in 9 CFR Part 416.
(3) The establishment creates a food safety plan for the operation
that includes an analysis of food safety hazards that are
reasonably likely to occur in the production process and
identification of control measures the establishment can apply to
control those hazards.
(4) There is at least one (1) person who is responsible for all
periods of the establishment's operations who has successfully
completed a course of instruction in the application of food safety
principles to meat and poultry product production.
(5) The poultry products are labeled in accordance with rules
adopted by the board.
The board may conduct microbial testing for food safety at
establishments operating under this subsection. The board's microbial
testing may not be more stringent than the board's microbial testing at
inspected establishments. The board may create and publish
recommended standards for microbial testing by establishments
operating under this subsection.
(g) The board may adopt rules under IC 4-22-2 to implement this
section.
[Pre-2008 Recodification Citation: 15-2.1-24-13.]

Legislative History

As added by P.L.2-2008, SEC.8. Amended by P.L.80-2016, SEC.1; P.L.11-2023, SEC.55.