§ 15-17-5-5 — Powers of board or state veterinarian

Indiana § 15-17-5-5

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

Text

To accomplish the purposes in section 1 of this
chapter, the board or state veterinarian may do the following:
(1) Remove inspectors from an establishment that:
(A) fails to destroy condemned products as required under this
chapter; or
(B) repeatedly violates this chapter.
(2) Refuse to provide inspection service under this chapter with
respect to an establishment for violations of this chapter and
causes specified in Section 401 of the Federal Meat Inspection
Act or Section 18 of the Federal Poultry Products Inspection Act.
(3) Order labeling and containers to be withheld from use if the
state veterinarian determines that the:
(A) labeling is false or misleading; or
(B) containers are unsafe or of a misleading size or form.
(4) Adopt rules, after consultation with the Secretary of
Agriculture of the United States, to prescribe the sizes and style
of type to be used for labeling information required under this
chapter and definitions and standards of identity or composition
or standards of fill of container identical with federal standards
when the board considers this action appropriate for the
protection of the public.
(5) Adopt rules to prescribe conditions of storage and handling of
livestock products and poultry products by persons engaged in the
business of buying, selling, freezing, storing, or transporting the
products in commerce to ensure that the products will not be
adulterated or misbranded when delivered to the consumer.
(6) Require that equines be slaughtered and prepared in separate
establishments from where other livestock are slaughtered or the
products of other livestock are prepared.
(7) Adopt rules to require that every person who is engaged in
business in commerce as a dealer, a renderer, a manufacturer of
food for animals derived from livestock or poultry carcasses, or
a wholesaler or public warehouseman of livestock products or
poultry products, or who is engaged in the business of buying,
selling, or transporting in commerce dead, dying, disabled, or
diseased livestock or poultry or parts of the carcasses of such
animals, including poultry, that died other than by slaughter shall
register with the board the person's name and the address of each
place of business and all trade names under which the person
conducts the person's business.
(8) Adopt rules adopting provisions of federal regulations with
changes the board considers appropriate to make the regulations
applicable to operations and transactions subject to this chapter.
(9) Adopt other rules the board considers necessary for the
efficient execution of this chapter, including rules of practice
providing an opportunity for a hearing in connection with
issuance of rules or orders under this chapter and prescribing
procedure for proceedings as provided in IC 4-21.5 and this
article. This subdivision and subdivision (8) do not preclude a
requirement that a label or container be withheld from use or a
requirement for a refusal of inspection under this chapter pending
issuance of a final order in a proceeding.
(10) Appoint and prescribe the duties of inspectors and other
personnel as the state veterinarian considers necessary for the
efficient execution of this chapter.
(11) Cooperate with the Secretary of Agriculture of the United
States in the administration of this chapter to effectuate the
purposes of this chapter, accept federal assistance for that
purpose, and spend state public funds appropriated for the
administration of this chapter to pay not more than fifty percent
(50%) of the estimated total cost of the cooperative program.
(12) Recommend to the Secretary of Agriculture of the United
States for appointment to the advisory committees provided for in
the federal acts the officials or employees of the board that the
board designates.
(13) Serve at the pleasure of the governor as the representative for
consultation with the Secretary of Agriculture of the United States
under Section 301(c) of the federal Meat Inspection Act and
Section 5(c) of the federal Poultry Products Inspection Act.
(14) Negotiate agreements with the state or local governmental
agencies providing meat inspections as necessary in the opinion
of the board to further the provisions provided in this section for
the proper administration of this chapter.
[Pre-2008 Recodification Citation: 15-2.1-24-7.]

Legislative History

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