§ 16-42-2-7 — PCB contaminated livestock and poultry; indemnification

Indiana § 16-42-2-7

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 42: REGULATION OF FOOD, DRUGS, AND
• Ch. 2: Uniform Food, Drug, and Cosmetic Act: Adulteration or

Text

(a) The state department shall indemnify
livestock and poultry producers who, as a result of the direction of a
state agency, are required after January 1, 1976, to remove livestock,
livestock products, poultry, or poultry products of the producers from
commercial markets because of contamination by polychlorinated
biphenyls (PCB's).
(b) Indemnity may not be paid for any contamination that is the
result of an intentional act of the livestock or poultry producer or that
results from the continuous use of a known contaminated feed or water
supply.
(c) Indemnity compensation shall be paid for losses incurred in the
preceding calendar year and may not exceed eighty percent (80%) of
the average commercial market value of the livestock, livestock
product, poultry, or poultry product, less any indemnity received from
another state or federal agency, for the period the producer is unable to
sell the products. However, the aggregate indemnity compensation paid
may not exceed the appropriation for any fiscal year.
(d) For purposes of this section, the commercial market value of
livestock subject to indemnity compensation shall be determined as of
the time of condemnation.
(e) The state department may adopt rules under IC 4-22-2 for the
administration of this section.
(f) The state has the power of subrogation against any third party for
indemnity amounts paid.
[Pre-1993 Recodification Citation: 16-1-28-36.5.]

Legislative History

As added by P.L.2-1993, SEC.25.