§ 15-17-5-20 — Detention of livestock or poultry products or animals pending investigation

(a) For purposes of this section, references
in IC 16-42-1 through IC 16-42-4 to:
(1) "state health commissioner" refer to the state veterinarian; and
(2) "department" refer to the board.
(b) Whenever:
(1) a:
(A) livestock product;
(B) poultry product;
(C) product exempted from the definition of a livestock product
and from the definition of a poultry product; or
(D) dead, dying, disabled, or diseased livestock or poultry;
is found by an authorized representative of the board upon any
premises where the product or animal is held for purposes of or
during or after distribution in commerce or is subject to this
chapter; and
(2) there is reason to believe that:
(A) the product or animal is adulterated or misbranded and is
capable of use as human food;
(B) the product or animal has not been inspected in violation of
this chapter, IC 16-42-1 through IC 16-42-4, the federal Meat
Inspection Act (21 U.S.C. 601 et seq.), or the federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
(C) the product or animal has been or is intended to be
distributed in violation of a law listed under clause (B);
the product or animal may be detained by the representative for not
more than twenty (20) days, pending action under section 21 of this
chapter or notification of federal authorities having jurisdiction over
the product or animal, and may not be moved by a person from the
place at which the product or animal is located when the product or
animal is detained until released by the representative.
(c) All official marks may be required by the representative to be
removed from the product or animal before the product or animal is
released unless it appears to the satisfaction of the state veterinarian
that the product or animal is eligible to retain the official marks.
[Pre-2008 Recodification Citation: 15-2.1-24-22.]

Legislative History

As added by P.L.2-2008, SEC.8.