§ 35-46-3-5 — Exceptions from chapter; electrocution

(a) Except as provided in subsections (b)
through (c), this chapter does not apply to the following:
(1) Fishing, hunting, trapping, or other conduct authorized under
IC 14-22.
(2) Conduct authorized under IC 15-20-2.
(3) Generally accepted veterinary standards and practices.
(4) Conduct authorized by a local ordinance.
(5) Acceptable farm management practices.
(6) Conduct authorized by IC 15-17, and rules adopted under IC 15-17 for:
(A) state or federally inspected livestock slaughtering facilities;
(B) emergency events; or
(C) state or federal animal disease control programs.
(7) A research facility registered with the United States
Department of Agriculture under the federal Animal Welfare Act
(7 U.S.C. 2131 et seq.).
(8) Destruction of a vertebrate defined as a pest under IC 15-16-5-24.
(9) Destruction of or injury to a fish.
(10) Destruction of a vertebrate animal that is:
(A) endangering, harassing, or threatening livestock or a
domestic animal; or
(B) destroying or damaging a person's property.
(11) Humane euthanasia of an animal by:
(A) a humane society;
(B) an animal control agency; or
(C) a governmental entity operating an animal shelter or other
animal impounding facility.
(12) Destruction of an injured or ill animal by an individual to
prevent the animal from prolonged suffering.
(13) Conduct not resulting in serious injury or illness to the
animal that is incidental to exhibiting an animal for show,
competition, or display, or that is incidental to transporting the
animal for show, competition, or display.
(14) Parking an animal.
(15) Humane destruction of an animal that the person owns.
(b) Section 1 of this chapter applies to conduct described in
subsection (a).
(c) Destruction of an animal by electrocution is authorized under
this section only if it is conducted by a person who:
(1) uses generally accepted veterinary standards and practices for
euthanasia, depopulation, or slaughter of animals;
(2) is engaged in an acceptable farm management practice; or
(3) is engaged in activities by a research facility registered with
the United States Department of Agriculture under the Animal
Welfare Act, or for the animal disease diagnostic laboratory
established under IC 21-46-3-1 or a research facility licensed by
the United States Department of Agriculture, a college, or a
university.

Legislative History

As added by P.L.193-1987, SEC.8. Amended by P.L.2-1993, SEC.188; P.L.1-1995, SEC.76; P.L.137-1996, SEC.74; P.L.41-1998, SEC.1; P.L.2-2007, SEC.378; P.L.171-2007, SEC.6; P.L.2-2008, SEC.79; P.L.111-2009, SEC.11; P.L.141-2019, SEC.9; P.L.41-2021, SEC.9.