CHAPTER 2. DEFINITIONS
IC 15-17-2
Chapter 2. Definitions
IC 15-17-2-1
Applicability of definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-2
"Adulterated"
Sec. 2. "Adulterated" means a food product that meets any of the
following descriptions:
(1) The product bears or contains a poisonous or deleterious
substance that may make the product injurious to health.
However, if the substance is not an added substance, the
product is not considered adulterated under this subdivision if
the quantity of the substance in or on the product does not
ordinarily make the product injurious to health.
(2) The product bears or contains any of the following:
(A) Any added poisonous or added deleterious substance
that is unsafe within the meaning of Section 406 of the
federal Food, Drug, and Cosmetic Act and the regulations
adopted under that act.
(B) A pesticide chemical that is unsafe within the meaning
of Section 408 of the federal Food, Drug, and Cosmetic Act
or the regulations adopted under that act.
(C) A food additive that is unsafe under Section 409 of the
federal Food, Drug, and Cosmetic Act or the regulations
adopted under that act.
(D) A color additive that is unsafe under Section 721 of the
federal Food, Drug, and Cosmetic Act or the regulations
adopted under that act.
(E) A new animal drug (or conversion product of a new
animal drug) that is unsafe within the meaning of Section
512 of the federal Food, Drug, and Cosmetic Act or the
regulations adopted under that act.
However, a product that is not considered adulterated under
clause (A), (B), (C), (D), or (E) is considered adulterated if use
of the pesticide chemical, food additive, or color additive in or
on the product is prohibited by rules of the board in food
processing establishments.
(3) The product consists in whole or in part of a filthy, putrid,
or decomposed substance or is for any other reason unsound,
unhealthful, unwholesome, or unfit for human food.
(4) The product has been prepared, packed, or held under
unsanitary conditions under which the product may have:
(A) become contaminated with filth; or
(B) been made injurious to health.
(5) The product is in whole or in part the product of an animal,
including poultry, that has died from a cause other than
slaughter.
(6) The product's container consists in whole or in part of a
poisonous or deleterious substance that may make the contents
injurious to health.
(7) The product has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a
regulation or an exemption in effect under the federal Food,
Drug, and Cosmetic Act.
(8) The product is altered because:
(A) a valuable constituent has been in whole or in part
omitted or removed from the product;
(B) a substance has been substituted wholly or in part for the
product;
(C) damage or inferiority has been concealed in any manner;
or
(D) a substance has been added to the product or mixed or
packed with the product to increase the product's bulk or
weight, reduce the product's quality or strength, or make the
product appear better or of greater value than the product is.
(9) The product is oleomargarine or margarine containing
animal fat and any of the raw material used in the product
consisted in whole or in part of a filthy, putrid, or decomposed
substance or is unfit for human food.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-3
"Animal"
Sec. 3. "Animal" means a member of the animal kingdom, except
humans.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-4
"Antemortem inspection"
Sec. 4. "Antemortem inspection" means the inspection of all
livestock or poultry before slaughter on the day of slaughter at an
official establishment.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-5
"Approved certificate of veterinary inspection"
Sec. 5. "Approved certificate of veterinary inspection" means an
official certificate of veterinary inspection that contains the approval
of the chief livestock sanitary official of the state of origin.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-6
"Approved slaughtering establishment"
Sec. 6. "Approved slaughtering establishment" means an
establishment operating under:
(1) the federal Meat Inspection Act (21 U.S.C. 601 et seq.);
(2) the federal Poultry Products Inspection Act (21 U.S.C. 451
et seq.); or
(3) IC 15-17-5.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-7
"Baby chick"
Sec. 7. "Baby chick" means any domestic fowl under the age of
six (6) weeks.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-8
"Board"
Sec. 8. "Board" means the Indiana state board of animal health
established by IC 15-17-3-1.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-9
"Brucellosis"
Sec. 9. "Brucellosis" (commonly known as abortion disease or
Bang's disease) means a dangerous, communicable, and infectious
disease in animals caused by brucella organisms.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-10
"Bulk milk hauler/sampler"
Sec. 10. "Bulk milk hauler/sampler" means a person who does the
following:
(1) Collects official samples.
(2) May transport raw milk in bulk form.
(3) Transports milk to or from a milk plant, receiving station, or
transfer station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-11
"Bulk milk pickup tanker"
Sec. 11. "Bulk milk pickup tanker" means a vehicle, including the
truck, tank, and associated equipment necessary for its use, used by
a bulk milk hauler/sampler to transport bulk raw milk for
pasteurization from a dairy farm to a milk plant, receiving station, or
transfer station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-12
"Bulk milk route"
Sec. 12. "Bulk milk route" means a group of dairy farms from
which milk is collected in a bulk milk pickup tanker and transported
to a milk plant, receiving station, or transfer station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-13
"Can milk hauler" or "cream hauler"
Sec. 13. "Can milk hauler" or "cream hauler" means a person who
transports raw fluid milk in cans to a milk plant, receiving station, or
transfer station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-14
"Can milk route"
Sec. 14. "Can milk route" means a group of dairy farms from
which milk is collected in milk cans and transported to a milk plant,
receiving station, or transfer station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-15
"Capable of use as human food"
Sec. 15. "Capable of use as human food" means any livestock or
poultry carcass or part or product of a livestock or poultry carcass,
unless the carcass or part or product of the carcass is:
(1) denatured or identified as not for human food as required by
rules adopted by the board to deter its use as human food; or
(2) naturally inedible by humans.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-16
"Certificate" and "certificate of veterinary inspection"
Sec. 16. "Certificate" and "certificate of veterinary inspection"
means an official document issued by a state or federal representative
or an accredited veterinarian that records a veterinary inspection of
an animal, statements about the health of an animal, tests conducted
on an animal, vaccinations given an animal, and other information
about an animal and the animal's movement that is required by a state
or the United States to be recorded.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-17
"Certified brucellosis free herd"
Sec. 17. "Certified brucellosis free herd" means a herd that is
certified as free from brucellosis as defined by rules of the board and
regulations of the United States Department of Agriculture made
under any cooperative agreement authorized by this article.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-18
"Color additive"
Sec. 18. "Color additive" has the meaning set forth in the federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
As added by P.L.2-2008, SEC.8.
IC 15-17-2-19
"Commerce"
Sec. 19. "Commerce" means commerce within Indiana.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-20
"Concentration point"
Sec. 20. "Concentration point" means a licensed place of business
under IC 15-17-14 where only feeder pigs, to which the licensee has
taken title, are assembled for resale.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-21
"Consignor"
Sec. 21. (a) "Consignor" means any person consigning, shipping,
or delivering animals for sale, resale, or exchange.
(b) The term includes any person who causes animals to be
transported or who delivers animals to a livestock auction market for
the purpose of sale.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-22
"Container"
Sec. 22. "Container" means any box, can, tin, cloth, package,
plastic, or other receptacle, wrapper, or cover.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-23
"Dairy farm"
Sec. 23. "Dairy farm" means a place:
(1) where at least one (1) lactating cow, sheep, goat, water
buffalo, or other hoofed mammal is kept; and
(2) from which a part or all of the milk or milk products that are
produced are provided, sold, or offered for sale to a milk plant,
transfer station, or receiving station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-24
"Dealer"
Sec. 24. (a) Except as specifically exempted or excluded by this
article, "dealer" means any person who is engaged in the business of
buying, selling, or negotiating the transfer of livestock:
(1) for processing into meat products in conjunction with the
operation of a business enterprise; or
(2) for resale, transfer, or final disposition in any other manner.
(b) The term includes the following:
(1) Market agencies.
(2) Stockyards.
(3) Livestock auction markets.
(4) Auction markets.
(5) Buying stations.
(6) Concentration points.
(c) For purposes of IC 15-17-5, the term means a person engaged
in the business of buying or selling livestock products or poultry
products on commission or negotiating purchases or sales of
livestock products or poultry products other than for the person's own
account or as an employee of another person.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-25
"Disposal plant"
Sec. 25. (a) "Disposal plant" means any plant and all associated
equipment that is constructed or intended to be operated for the
disposal of the following:
(1) The bodies of dead animals not slaughtered and intended for
human food.
(2) The nonedible byproducts from the slaughtering of animals
for human food, including the disposal of the body of any
animal slaughtered for human food that has become unsuitable
for use as human food.
(3) The disposal of the bodies of dead poultry not suitable for
human food and of poultry byproducts, including the viscera,
heads, feet, and poultry feathers.
(b) The term includes all substations of any plant that are used in
connection with a disposal business for the temporary deposit of
animal bodies and nonedible byproducts pending final delivery to
any disposal plant, including all vehicles and equipment used for the
transportation of the bodies and nonedible byproducts.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-26
"Domestic animal"
Sec. 26. (a) "Domestic animal" means an animal that is not wild.
(b) The term is limited to:
(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats,
poultry, ostriches, rhea, emus, or other birds;
(2) an animal of the bovine, equine, ovine, caprine, porcine,
canine, feline, avian, camelid, cervidae, or bison species; or
(3) an aquatic animal that may be the subject of aquaculture (as
defined in IC 15-11-7-1).
As added by P.L.2-2008, SEC.8.
IC 15-17-2-27
"Employee"
Sec. 27. "Employee" means a person employed by the board,
including the state veterinarian, assistant state veterinarian, deputies,
and assistants.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-28
"Establishment"
Sec. 28. "Establishment", for purposes of IC 15-17-5, means a
building, part of a building, or other location used for:
(1) slaughtering livestock or poultry; or
(2) preparing meat, poultry, meat food products, and meat
byproducts capable of use as human food.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-29
"Federal acts"
Sec. 29. "Federal acts", for purposes of IC 15-17-5, means the
following:
(1) The federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(2) The federal Poultry Products Inspection Act (21 U.S.C. 451
et seq.).
As added by P.L.2-2008, SEC.8.
IC 15-17-2-30
"Federal Food, Drug, and Cosmetic Act"
Sec. 30. "Federal Food, Drug, and Cosmetic Act" means the
federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
As added by P.L.2-2008, SEC.8.
IC 15-17-2-31
"Feeder pig"
Sec. 31. "Feeder pig" means swine of any breed weighing not
more than one hundred eighty (180) pounds.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-32
"Food"
Sec. 32. "Food" means the following:
(1) All articles used for food, drink, confectionary, or
condiment whether simple, mixed, or compound.
(2) All substances or ingredients used in the preparation of the
items described in subdivision (1).
As added by P.L.2-2008, SEC.8.
IC 15-17-2-33
"Food additive"
Sec. 33. "Food additive" has the meaning set forth in the federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
As added by P.L.2-2008, SEC.8.
IC 15-17-2-34
"Garbage"
Sec. 34. (a) "Garbage" means:
(1) any waste material derived in whole or in part from any
animal, including fish and poultry; or
(2) refuse from the handling, preparation, cooking, or
consumption of food that has been associated with waste
material derived in whole or in part from any animal, including
fish and poultry.
(b) The term does not include:
(1) bakery waste;
(2) candy waste;
(3) eggs;
(4) domestic dairy products; or
(5) waste from ordinary household operations that is fed
directly to swine on the same premises where the household is
located.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-35
"Grade A dry milk and whey products"
Sec. 35. "Grade A dry milk and whey products" means milk
products that have been:
(1) produced for use in Grade A pasteurized or aseptically
processed milk products; and
(2) manufactured under the federal Food and Drug
Administration "Grade A Condensed and Dry Milk Products .
Condensed and Dry Whey Supplement I to the Grade A
Pasteurized Milk Ordinance".
As added by P.L.2-2008, SEC.8.
IC 15-17-2-36
"Grade A milk and milk products"
Sec. 36. "Grade A milk and milk products" means milk and milk
products that meet the requirements for Grade A in IC 15-18-1 and
in the rules adopted under IC 15-18-1.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-37
"Herd"
Sec. 37. "Herd", except as provided in IC 15-17-3-22(a), means a
group or groups of animals that are:
(1) maintained on common ground; or
(2) geographically separated but under common ownership,
supervision, or control.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-38
"Humane method"
Sec. 38. (a) "Humane method" means a method by which
livestock is made insensible to pain by mechanical, electrical,
chemical, or other means that is rapid and effective, before being
shackled, hoisted, thrown, cast, or cut.
(b) The term does not include the use of a manually operated
hammer, sledge, or poleax.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-39
"Immediate container"
Sec. 39. "Immediate container" means a container, receptacle, or
other covering in which milk products, livestock products, or poultry
products are directly contained or wholly or partially enclosed.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-40
"Immediate slaughter"
Sec. 40. (a) "Immediate slaughter" means any animal purchased
or sold for:
(1) immediate slaughter; or
(2) slaughter and will be slaughtered by the purchaser not later
than seven (7) days after purchase or will be consigned to an
establishment or to a properly licensed market facility for
reconsignment to a slaughtering establishment not later than
seven (7) days after acquiring the animal.
(b) The term does not include an animal that is diverted for any
other purpose or use besides immediate slaughter.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-41
"Inedible"
Sec. 41. "Inedible" means not suitable for human consumption.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-42
"Inspector"
Sec. 42. "Inspector" means an individual who is authorized by the
board to perform any inspection functions under this article and who
meets any of the following criteria:
(1) The person is authorized by the state veterinarian to do any
work or perform any duty in connection with the inspection of
animals and food products under this article.
(2) The person is an employee or official of the government of
the county or other governmental subdivision of this state acting
under an agreement between the state veterinarian and a
governmental subdivision.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-43
"Label"
Sec. 43. "Label" means a display of written, printed, or graphic
matter upon an article or the immediate container, excluding package
liners, of an article.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-44
"Labeling"
Sec. 44. "Labeling" means all labels and other written, printed, or
graphic matter:
(1) placed upon an article or any of the article's containers or
wrappers; or
(2) accompanying an article.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-45
"Laboratory"
Sec. 45. "Laboratory" means:
(1) the animal disease diagnostic laboratory established by
IC 21-46-3-1; or
(2) any other laboratory approved by the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-46
"Licensed and accredited veterinarian"
Sec. 46. "Licensed and accredited veterinarian" means a
veterinarian:
(1) licensed by any state; and
(2) accredited by the United States Department of Agriculture
under 9 CFR Subchapter J to perform official functions.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-47
"Livestock"
Sec. 47. (a) "Livestock", except as provided in subsection (b),
means domestic animals, except the following:
(1) Aquatic animals.
(2) Fish.
(3) Dogs.
(4) Cats.
(5) Poultry and other birds; however, the term includes ratites
that are domestic animals under section 26 of this chapter.
(b) "Livestock", for purposes of IC 15-17-5, means the following,
whether live or dead:
(1) Cattle.
(2) Sheep.
(3) Swine.
(4) Goats.
(5) Bison.
(6) Farm raised cervidae.
(7) Ratitae.
(8) Horses, mules, or other equines.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-48
"Livestock auction market"
Sec. 48. "Livestock auction market" means an established place
of business and contiguous surroundings where animals are
consigned to be sold at public auction by the operator of the business
as an agent for the consignor in exchange for a commission paid by
the consignor.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-49
"Livestock product"
Sec. 49. "Livestock product" means:
(1) a carcass;
(2) part of a carcass;
(3) meat; or
(4) a meat food product;
of livestock.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-50
"Livestock transaction"
Sec. 50. "Livestock transaction", for purposes of IC 15-17-15,
means the following:
(1) For market agencies selling livestock on commission, the
dollar value of livestock sold on commission.
(2) For market agencies buying on commission and dealers
buying livestock, the dollar value of livestock purchased.
(3) For market agencies acting as a clearing agency, the dollar
value of livestock purchased by all persons for whom the
market agency served as a clearer.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-51
"Manufacturing grade milk products"
Sec. 51. "Manufacturing grade milk products" means dairy
products that are not considered Grade A under IC 15-18-1 or under
the rules adopted under IC 15-18-1.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-52
"Manufacturing grade raw milk"
Sec. 52. "Manufacturing grade raw milk" means milk produced on
a dairy farm that does not have a valid permit issued by the board to
sell Grade A raw milk for pasteurization.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-53
"Market agency"
Sec. 53. "Market agency" means a person who buys or sells
livestock on a commission basis.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-54
"Meat food product" and "meat product"
Sec. 54. (a) "Meat food product" and "meat product" means a
product capable of use as human food that is made wholly or in part
from meat or other part of the carcass of:
(1) cattle;
(2) sheep;
(3) swine;
(4) equines;
(5) bison;
(6) farm raised cervidae;
(7) ratitae; or
(8) goats.
(b) The term does not include products that:
(1) contain meat or other parts of such carcasses only in a
relatively small proportion; or
(2) historically have not been considered by consumers as
products of the meat food industry and that are exempted from
definition as a meat food product by the state veterinarian under
conditions the state veterinarian prescribes to ensure that the
meat or other parts of the carcass contained in the product are
not adulterated and that the products are not represented as meat
food products.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-55
"Milk"
Sec. 55. "Milk" means the lacteal secretion practically free from
colostrum that:
(1) is obtained by the complete milking of healthy dairy
animals; and
(2) meets a definition and standard of identity for milk adopted
by the board under IC 4-22-2.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-56
"Milk distributor"
Sec. 56. (a) "Milk distributor" means a person that offers for sale
or sells milk or milk products to another person.
(b) The term does not include the following:
(1) A store or market that receives and sells bottled or packaged
milk and milk products in the original container or package to
consumers.
(2) A restaurant, soda fountain, or similar establishment serving
milk or milk products.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-57
"Milk plant"
Sec. 57. (a) "Milk plant" means a place, a premises, or an
establishment where milk or milk products are collected, handled,
processed, stored, ultrapasteurized, bottled, aseptically processed,
condensed, dried, packaged, or prepared for distribution.
(b) The term does not include soft ice cream dispensers in
restaurants as defined by the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-58
"Milk producer"
Sec. 58. "Milk producer" means a person that does the following:
(1) Operates a dairy farm.
(2) Provides, sells, or offers raw milk for sale to a milk plant,
receiving station, or transfer station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-59
"Milk products"
Sec. 59. "Milk products" means those products designated by the
rules of the board as:
(1) being within IC 15-18-1; and
(2) conforming to the definitions and standards of identity
specified in those rules.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-60
"Milk tank truck"
Sec. 60. "Milk tank truck" means a bulk milk pickup tanker or a
milk transport tank.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-61
"Milk tank truck cleaning facility"
Sec. 61. "Milk tank truck cleaning facility" means any place,
premises, or establishment that is separate from a milk plant,
receiving station, or transfer station where a milk tank truck is
cleaned and sanitized.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-62
"Milk transport tank"
Sec. 62. "Milk transport tank" means a vehicle, including the truck
and tank, used by a bulk milk hauler/sampler to transport bulk
shipments of milk from a milk plant, receiving station, or transfer
station to another milk plant, receiving station, or transfer station.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-63
"Milk transportation company"
Sec. 63. "Milk transportation company" means a person that is
responsible for a milk tank truck.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-64
"Misbranded"
Sec. 64. "Misbranded" means a food product that meets any of the
following descriptions:
(1) The product's labeling is false or misleading in any way.
(2) The product is offered for sale under the name of another
food.
(3) The product is an imitation of another food, unless the
product's label bears, in type of uniform size and prominence,
the word "imitation" and immediately afterward, the name of
the food imitated.
(4) The product's container is made, formed, or filled in a
manner that is misleading.
(5) Except as provided in IC 15-17-3-22(b), the product, if in
packaged form, does not bear a label containing the following:
(A) The name and place of business of the manufacturer,
packer, or distributor.
(B) Except as provided in IC 15-17-3-22(c), an accurate
statement of the quantity of the product in terms of weight,
measure, or numerical count.
(6) A word, statement, or other information required under this
chapter or the rules adopted under this chapter to appear on a
product's label or other labeling is not prominently placed on
the label with sufficient conspicuousness (as compared with
other words, statements, designs, or devices in the labeling) and
in terms making it likely to be read and understood by the
ordinary individual under customary conditions of purchase and
use.
(7) The product purports to be or is represented as a food for
which a definition and standard of identity or composition has
been prescribed by the rules of the board unless:
(A) the product conforms to the definition and standard; and
(B) the product's label bears the name of the food specified
in the definition and standard and, as required by rules of the
board, the common names of optional ingredients other than
spices, flavoring, and coloring present in the food.
(8) The product purports to be or is represented as a food for
which a standard or standards of fill of container have been
prescribed by rules of the board and the product falls below the
applicable standard of fill of container unless the label bears, in
a manner and form that the rules specify, a statement that the
product falls below that standard.
(9) The product's label does not bear the following:
(A) The common or usual name of the food, if any.
(B) Except as provided in IC 15-17-3-22(d), if the product is
fabricated from at least two (2) ingredients, the common or
usual name of each ingredient. However, spices, flavorings,
and colorings may, when authorized by the state
veterinarian, be designated as spices, flavorings, and
colorings without naming each ingredient.
(10) The product purports to be or is represented for special
dietary uses, unless the product's label bears information
concerning the product's vitamin, mineral, and other dietary
properties that the board determines to be necessary to fully
inform purchasers of the product's value for the special dietary
uses as set forth in rules adopted by the board.
(11) Except as provided in IC 15-17-3-22(e), the product
contains artificial flavoring, artificial coloring, or a chemical
preservative, unless the product bears labeling stating that fact.
(12) The product fails to bear directly on the product and on the
product's containers information the board prescribes by rule,
including an official mark, to ensure that the product will not
have false or misleading labeling and that the public will be
reasonably informed about the product.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-65
"Modified accredited or tuberculosis free area"
Sec. 65. "Modified accredited or tuberculosis free area" means an
area that meets the requirements established by the board and the
United States department of agriculture under a cooperative
agreement as provided for by this article.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-66
"Move"
Sec. 66. "Move" means the following:
(1) To carry, enter, import, mail, ship, or transport.
(2) To aid, abet, cause, or induce carrying, entering, importing,
mailing, shipping, or transporting.
(3) To offer to carry, enter, import, mail, ship, or transport.
(4) To receive in order to carry, enter, import, mail, ship, or
transport.
(5) To release into the environment.
(6) To allow any of the activities described in this section.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-67
"Nonedible"
Sec. 67. "Nonedible" means not suitable for human consumption.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-68
"Oath"
Sec. 68. "Oath" includes affirmation.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-69
"Object"
Sec. 69. "Object", for purposes of IC 15-17-1 through
IC 15-17-17, means a pest or disease or a material or tangible thing
that could harbor a pest or disease.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-70
"Official certificate"
Sec. 70. "Official certificate", for purposes of IC 15-17-5, means
a certificate prescribed by rules of the board for issuance by an
inspector or other person performing official functions under
IC 15-17-5.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-71
"Official device"
Sec. 71. "Official device" means a device prescribed or authorized
by the state veterinarian for use in applying an official mark.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-72
"Official establishment"
Sec. 72. "Official establishment", for purposes of IC 15-17-5,
means an establishment that has been granted inspection under
IC 15-17-5.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-73
"Official health certificate"
Sec. 73. "Official health certificate" or "official certificate of
veterinary inspection" means an official document issued by a state
or federal representative or an accredited veterinarian who records
a veterinary inspection of an animal, statements about the health of
an animal, tests conducted on an animal, vaccinations given an
animal, and other information about an animal and the animal's
movement that is required by a state or by the United States to be
recorded.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-74
"Official identification"
Sec. 74. "Official identification" means the method of
identification recognized or required by the board for an animal or
class of animals under a rule adopted by the board under IC 4-22-2.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-75
"Official inspection legend"
Sec. 75. "Official inspection legend" means a symbol prescribed
by rules of the board showing that an article was inspected and
passed in accordance with IC 15-17-5.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-76
"Official laboratory"
Sec. 76. "Official laboratory" means a biological, chemical, or
physical laboratory that meets the following conditions:
(1) The laboratory is under the direct supervision of the board
or a state or local governmental agency designated by the board.
(2) The laboratory is authorized and certified by the board to do
official work.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-77
"Official mark"
Sec. 77. "Official mark" means the official inspection legend or
other symbol prescribed by rules of the board to identify the status
of an article, livestock, or poultry under IC 15-17-5.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-78
"Officially designated laboratory"
Sec. 78. "Officially designated laboratory" means:
(1) a commercial laboratory authorized and certified by the
board to do official work; or
(2) an industry laboratory authorized and certified by the board
to do official work.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-79
"Officially vaccinated calves"
Sec. 79. "Officially vaccinated calves" means calves that were
vaccinated in accordance with the state rules and federal regulations
existing at the time of vaccination.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-80
"Packer"
Sec. 80. "Packer" means any person engaged in the business of:
(1) buying livestock to be slaughtered for food;
(2) manufacturing or preparing meat or meat food products for
sale or shipment in commerce; or
(3) marketing meat and meat food products acting as a
wholesaler, broker, dealer, or distributor.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-81
"Packers and Stock Yards Act"
Sec. 81. "Packers and Stock Yards Act" means the act of Congress
designated as the Packers and Stock Yards Act of 1921 (42 U.S.
Statutes at Large, page 159), all statutes amending the act, and all
regulations adopted under the act.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-82
"Pasteurization", "pasteurized", and similar terms
Sec. 82. "Pasteurization", "pasteurized", and similar terms mean
the following:
(1) The process of heating every particle of milk or milk
products (except ice cream, ice milk, and sherbet mixture) to:
(A) at least one hundred forty-five (145) degrees Fahrenheit
and holding the particle continuously at or above this
temperature for at least thirty (30) minutes; or
(B) at least one hundred sixty-one (161) degrees Fahrenheit
and holding the particle continuously at or above this
temperature for at least fifteen (15) seconds;
in equipment that is properly operated and approved by the
board.
(2) The process of heating milk products that have higher milk
fat content than milk or that contain added sweeteners to:
(A) at least one hundred fifty (150) degrees Fahrenheit and
held continuously at or above this temperature for at least
thirty (30) minutes; or
(B) at least one hundred sixty-six (166) degrees Fahrenheit
and held continuously at or above this temperature for at
least fifteen (15) seconds.
(3) The process of heating every particle of ice cream, ice milk,
or sherbet mixture (except fruits, fruit juices, nuts, cocoa or
chocolate, maple syrup, cakes, confections, or other flavoring
or color) to:
(A) one hundred fifty-five degrees (155) Fahrenheit and
holding the particle continuously at or above this
temperature for at least thirty (30) minutes;
(B) at least one hundred seventy-five (175) degrees
Fahrenheit and holding the particle continuously at or above
this temperature for at least twenty-five (25) seconds; or
(C) at least one hundred ninety-four (194) degrees
Fahrenheit for at least one-half (1/2) second.
(4) Any other pasteurization process that is found to be equally
efficient and that is approved by rule of the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-83
"Person"
Sec. 83. "Person" means any individual, trustee, receiver,
corporation, limited liability company, partnership, and any other
firm, organization, association, cooperative, or group of individuals
or persons.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-84
"Pest"
Sec. 84. "Pest" means any of the following that can directly or
indirectly injure, cause damage to, or cause disease in animals:
(1) A protozoan.
(2) A plant.
(3) A bacterium.
(4) A fungus.
(5) A virus or viroid.
(6) An infectious agent or other pathogen.
(7) An arthropod.
(8) A parasite.
(9) A prion.
(10) A vector.
(11) An organism similar to or allied with any of the organisms
described in this section.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-85
"Pesticide chemical"
Sec. 85. "Pesticide chemical" has the meaning set forth in the
federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
As added by P.L.2-2008, SEC.8.
IC 15-17-2-86
"Postmortem inspection"
Sec. 86. "Postmortem inspection" means the inspection of
livestock or poultry at the time of slaughter at an official
establishment.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-87 Version a
"Poultry"
Note: This version of section effective until 1-1-2011. See also
following version of this section, effective 1-1-2011.
Sec. 87. "Poultry", for purposes of IC 15-17-5, means a
domesticated bird, whether live or dead.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-87 Version b
"Poultry"
Note: This version of section effective 1-1-2011. See also
preceding version of this section, effective until 1-1-2011.
Sec. 87. "Poultry", for purposes of IC 15-17-3 and IC 15-17-5,
means a domesticated bird, whether live or dead.
As added by P.L.2-2008, SEC.8. Amended by P.L.50-2010, SEC.1.
IC 15-17-2-88
"Poultry product"
Sec. 88. (a) "Poultry product", for purposes of IC 15-17-5, means
a poultry carcass, part of a poultry carcass, or a product that is made
wholly or in part from a poultry carcass or part of a poultry carcass.
(b) The term does not include products that:
(1) contain poultry ingredients only in a relatively small
proportion or historically have not been considered by
consumers as products of the poultry food industry; and
(2) are exempted by the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-89
"Practice of veterinary medicine"
Sec. 89. "Practice of veterinary medicine" has the meaning set
forth in IC 25-38.1-1-12.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-90
"Prepared"
Sec. 90. "Prepared" means slaughtered, canned, cured, salted,
smoked, stuffed, rendered, boned, cut up, frozen, dried, stored, or
otherwise manufactured or processed.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-91
"Private sale"
Sec. 91. "Private sale" means any sale other than a public sale.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-92
"Public sale"
Sec. 92. "Public sale" means a sale where the general public is
invited to participate whether held at an established place of business
or at a place where sales are infrequently held.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-93
"Reactor"
Sec. 93. "Reactor" means an animal that has been tested for a
certain disease and shows a positive reaction to an official test for the
disease according to existing state rules or federal regulations at the
time of the test.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-94
"Receiving station"
Sec. 94. (a) "Receiving station" means a place, a premises, or an
establishment where milk or milk products are collected, handled,
stored, or cooled and prepared for distribution.
(b) The term does not include soft ice cream dispensers in
restaurants as defined by the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-95
"Rendered product"
Sec. 95. "Rendered product" means waste material derived in
whole or in part from any animal, including fish and poultry, and
refuse from the handling, preparation, cooking, or consumption of
food that has been ground and heated to a minimum temperature of
two hundred thirty (230) degrees Fahrenheit to make products such
as animal, poultry, or fish protein meal, grease, or tallow.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-96
"Renderer"
Sec. 96. (a) "Renderer" means a person engaged in the business
of operating a disposal plant for the rendering of livestock or poultry
carcasses or parts or products of such carcasses.
(b) The term does not include rendering conducted under
inspection or exemption under IC 15-17-5.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-97
"Sale", "sell", or "selling"
Sec. 97. (a) "Sale", "sell", or "selling" means sale, lease, donation,
trade, barter, or exchange in any manner.
(b) The term includes the following:
(1) Manufacture, processing, transporting, handling, packing,
canning, bottling, or any other productions, preparation, or
putting up.
(2) Exposure, offer, or any other proffer.
(3) Holding, storing, or any other possession.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-98
"Stockyards"
Sec. 98. (a) "Stockyards" means a place, an establishment, or a
facility conducted, operated, or managed for profit or not for profit
as a public market in which livestock is assembled for purchase or
sale at competitive bidding, or purchase by the persons operating the
stockyards.
(b) The term includes concentration points where livestock is
assembled for redistribution or resale by means other than
competitive bidding.
(c) The term does not include livestock auction markets.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-99
"Transfer station"
Sec. 99. "Transfer station" means a place, a premises, or an
establishment where milk or milk products are transferred directly
from one (1) milk tank truck to another.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-100
"Transport vehicle"
Sec. 100. "Transport vehicle" means a vehicle used for
transporting:
(1) dead animal bodies;
(2) nonedible byproducts from the slaughtering of animals and
poultry; or
(3) restaurant grease.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-101
"Tuberculosis"
Sec. 101. "Tuberculosis" means tuberculosis in an animal.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-102
"Veterinarian"
Sec. 102. "Veterinarian" means a person authorized by law to
practice veterinary medicine.
As added by P.L.2-2008, SEC.8.