CHAPTER 7. COMMERCIAL FEED
IC 15-19-7
Chapter 7. Commercial Feed
IC 15-19-7-1
"Brand"
Sec. 1. As used in this chapter, "brand name" means a word,
name, symbol, or device or any combination of words, names,
symbols, or devices that identifies the commercial feed of a
distributor and distinguishes it from that of other distributors.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-2
"Commercial feed"
Sec. 2. As used in this chapter, "commercial feed" means all
materials that are distributed for use as feed or for mixing in feed.
The term does not include the following unless adulterated within the
meaning of section 29(1) of this chapter:
(1) Unmixed whole seeds.
(2) Unmixed, physically altered whole seeds that have not been
chemically altered.
(3) Commodities, compounds, or substances excluded by rules
adopted by the state chemist under IC 4-22-2 in accordance with
section 34 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-3
"Custom mixed feed"
Sec. 3. As used in this chapter, "custom mixed feed" means
commercial feed that consists of a mixture of commercial feeds or
feed ingredients, each batch of which is mixed to meet the request of
the final purchaser that the mixture contain a specific content of
ingredients, nutrients, or nonnutritive additives.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-4
"Distribute"
Sec. 4. As used in this chapter, "distribute" means to offer for
sale, sell, exchange, barter, or otherwise supply a commercial feed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-5
"Distributor"
Sec. 5. As used in this chapter, "distributor" means a person who
distributes.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-6
"Drug"
Sec. 6. As used in this chapter, "drug" means:
(1) an article intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in animals other than
humans; or
(2) an article other than feed intended to affect the structure or
any function of the animal body.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-7
"Feed ingredient"
Sec. 7. As used in this chapter, "feed ingredient" means each of
the constituent materials making up a commercial feed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-8
"Label"
Sec. 8. As used in this chapter, "label" means a display of written,
printed, or graphic matter upon or affixed to the container in which
a commercial feed is distributed or on the invoice or delivery slip
with which a commercial feed is distributed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-9
"Labeling"
Sec. 9. As used in this chapter, "labeling" means all labels and
other written, printed, or graphic matter:
(1) upon a commercial feed or its containers or wrappers; or
(2) accompanying a commercial feed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-10
"Manufacture"
Sec. 10. As used in this chapter, "manufacture" means to grind,
mix, blend, or further process a commercial feed for distribution.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-11
"Mineral feed"
Sec. 11. As used in this chapter, "mineral feed" means a
commercial feed, the primary purpose of which is to supply mineral
elements and inorganic nutrients.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-12
"Official sample"
Sec. 12. As used in this chapter, "official sample" means a sample
of feed taken by the state chemist or the chemist's agent in
accordance with section 35(c) or 36 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-13
"Percent"
Sec. 13. As used in this chapter, "percent" or "percentage" means
percentage by weight.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-14
"Person"
Sec. 14. As used in this chapter, "person" includes individuals,
partnerships, limited liability companies, corporations, and
associations.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-15
"Pet"
Sec. 15. As used in this chapter, "pet" means a domesticated
animal normally maintained in or near the household of its owner.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-16
"Pet food"
Sec. 16. As used in this chapter, "pet food" means a commercial
feed prepared and distributed for consumption by dogs or cats.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-17
"Product name"
Sec. 17. As used in this chapter, "product name" means the name
of the commercial feed that identifies it as to kind, class, or specific
use.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-18
"Specialty pet"
Sec. 18. As used in this chapter, "specialty pet" means a
domesticated animal normally maintained in a cage or tank,
including a gerbil, hamster, bird, fish, and turtle.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-19
"Specialty pet food"
Sec. 19. As used in this chapter, "specialty pet food" means a
commercial feed prepared and distributed for consumption by
specialty pets.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-20
"Ton"
Sec. 20. As used in this chapter, "ton" means a net weight of two
thousand (2,000) pounds avoirdupois.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-21
Administration of chapter
Sec. 21. This chapter shall be administered by the state chemist.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-22
Cooperation with state, federal, or private agencies
Sec. 22. The state chemist may cooperate with and enter into
agreements with governmental agencies of this state, other states,
agencies of the federal government, and private associations in order
to carry out this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-23
Publication and distribution of information on commercial feed
Sec. 23. The state chemist shall publish at least annually, in a
form that the state chemist considers proper:
(1) information concerning the distribution of commercial
feeds, together with data on their production and use that the
state chemist considers advisable; and
(2) a report of the results of the analyses of official samples of
commercial feeds distributed within Indiana.
However, the information concerning production and use of
commercial feed may not disclose the operations of any person.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-24
Distributors; commercial feed licenses
Sec. 24. (a) A person who manufactures a commercial feed or
whose name appears on the label of a commercial feed may not
distribute the commercial feed in Indiana without a commercial feed
license issued by the state chemist on a form provided by the state
chemist.
(b) An out-of-state distributor may not cause a commercial feed
to be distributed in Indiana without a commercial feed license issued
by the state chemist on a form provided by the state chemist.
(c) A commercial feed license is issued for a calendar year and
expires December 31 of the year for which the license was issued.
Commercial feed license fees are as follows:
(1) The filing fee for a new or renewal license is fifty dollars
($50).
(2) A late filing fee of fifty dollars ($50) shall be added to the
filing fee for renewing a commercial feed license if the
application for renewal is received after January 16.
(d) The form and content of commercial feed license applications
shall be established by rules adopted by the state chemist under
IC 4-22-2, in accordance with section 34 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-25
Refusal or cancellation of commercial feed license
Sec. 25. The state chemist may refuse an application for a
commercial feed license that does not comply with this chapter and
may cancel a commercial feed license that is not in compliance with
this chapter. However, a commercial feed license may not be refused
or canceled unless the applicant or licensee has been given an
opportunity to be heard before the state chemist and to amend the
applicant's or licensee's application in order to comply with this
chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-26
Commercial feed label information
Sec. 26. A commercial feed, except a custom mixed feed, must be
accompanied by a label bearing the following information:
(1) The net weight.
(2) The product name and the brand name, if any, under which
the commercial feed is distributed.
(3) The guaranteed analysis stated in the terms that the state
chemist, by rule, determines are required to advise the user of
the composition of the feed or to support claims made in the
labeling. In all cases the substances or elements must be
determinable by laboratory methods such as the methods
published by AOAC International.
(4) The common or usual name of each ingredient used in the
manufacture of the commercial feed. However, the state
chemist, by rule, may:
(A) permit the use of a collective term for a group of
ingredients that perform a similar function; or
(B) exempt a commercial feed or group of commercial feeds
from the requirement for an ingredient statement if the state
chemist finds that such a statement is not required in the
interest of consumers.
(5) The name and principal mailing address of the manufacturer
or the person responsible for distributing the commercial feed.
(6) Adequate directions for use for:
(A) commercial feeds containing drugs; and
(B) other feeds that the state chemist requires by rule as
necessary for their safe and effective use.
(7) Precautionary statements that the state chemist by rule
determines are necessary for the safe and effective use of the
commercial feed.
As added by P.L.2-2008, SEC.10. Amended by P.L.120-2008,
SEC.88.
IC 15-19-7-27
Custom mixed feed label information
Sec. 27. Custom mixed feed must be accompanied by a label,
invoice, delivery slip, or other shipping document bearing the
following information:
(1) Name and address of the manufacturer.
(2) Name and address of the purchaser.
(3) Date of delivery.
(4) The product name and brand name, if any, and the net
weight of each commercial feed used in the mixture, and the
common or usual name and net weight of each other ingredient
used, and the specific content, stated in terms as required in
section 26 of this chapter, of any nutrients and nonnutritive
additives added at the request of the purchaser.
(5) Adequate directions for use for:
(A) custom mixed feeds containing drugs; and
(B) other feeds that the state chemist requires by rule as
necessary for their safe and effective use.
(6) Precautionary statements that the state chemist by rule
determines are necessary for the safe and effective use of the
custom mixed feed.
As added by P.L.2-2008, SEC.10. Amended by P.L.120-2008,
SEC.89.
IC 15-19-7-28
Misbranding of commercial feed
Sec. 28. A commercial feed is considered misbranded if any of the
following conditions exist:
(1) Its labeling is false or misleading in any particular.
(2) It is distributed under the name of another commercial feed.
(3) It is not labeled as required by section 26 or 27 of this
chapter.
(4) It appears to be or is represented as a commercial feed, or it
appears to contain or is represented as containing a commercial
feed ingredient, unless the commercial feed or feed ingredient
conforms to the definition, if any, prescribed by rule by the state
chemist.
(5) Any word, statement, or other information required by or
under authority of this chapter to appear on the label or labeling
is not prominently placed on the label or labeling with sufficient
conspicuousness (as compared with other words, statements,
designs, or devices in the labeling) and in sufficient terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-29
Adulteration of commercial feed
Sec. 29. A commercial feed is considered adulterated if it meets
any of the following conditions:
(1) It contains a poisonous or deleterious substance that may
render it injurious to health. However, if the substance is not an
added substance, the commercial feed is not considered to be
adulterated under this subdivision if the quantity of the
substance in the commercial feed does not ordinarily render it
injurious to health.
(2) It contains an added poisonous, added deleterious, or added
nonnutritive substance that is unsafe within the meaning of
Section 406 of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 346) other than one that is:
(A) a pesticide chemical in or on a raw agricultural
commodity; or
(B) a food additive.
(3) It is, or it contains, a food additive that is unsafe within the
meaning of Section 409 of the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348).
(4) It is a raw agricultural commodity and it contains a pesticide
chemical that is unsafe within the meaning of Section 408(a) of
the federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(a)).
However, if a pesticide chemical has been used in or on a raw
agricultural commodity in conformity with an exemption
granted or a tolerance prescribed under Section 408 of the
federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) and the
raw agricultural commodity has been subjected to processing,
such as canning, cooking, freezing, dehydrating, or milling, the
residue of the pesticide chemical remaining in or on the
processed feed is not considered unsafe if:
(A) the residue in or on the raw agricultural commodity has
been removed to the extent possible in good manufacturing
practice;
(B) the concentration of the residue in the processed feed is
not greater than the tolerance prescribed for the raw
agricultural commodity; and
(C) the feeding of the processed feed will not result, or is not
likely to result, in a pesticide residue in the edible product of
the animal that is unsafe within the meaning of Section
408(a) of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 346a(a)).
(5) It is, or it contains, a color additive that is unsafe within the
meaning of Section 706 of the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379e).
(6) It is, or it contains, an animal drug that is unsafe within the
meaning of Section 512 of the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b).
(7) If any valuable constituent has been in whole or in part
omitted or removed from the commercial feed or any less
valuable substance has been substituted for a valuable
constituent.
(8) Its composition or quality falls below or differs from that
which it is purported or is represented to possess by its labeling.
(9) It contains a drug and the methods used in or the facilities
or controls used for its manufacture, processing, or packaging
do not conform to current good manufacturing practice rules
adopted by the state chemist to ensure that the drug:
(A) meets the requirement of this chapter as to safety; and
(B) has the identity and strength, and meets the quality and
purity characteristics that it is represented to possess.
In adopting these rules, the state chemist shall adopt the current
good manufacturing practice regulations for medicated feed
premixes and for medicated feeds established under authority
of the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.), unless the state chemist determines that they are not
appropriate to the conditions that exist in Indiana.
(10) It contains viable weed seeds in amounts exceeding the
limits the state chemist establishes by rule.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-30
Inspection fee
Sec. 30. (a) A distributor shall pay to the state chemist an
inspection fee at the rate of forty cents ($0.40) per ton on all
commercial feeds shipped into or within Indiana, subject to the
following:
(1) No fee shall be paid on a commercial feed if the payment
has been made by a previous distributor.
(2) No fee shall be paid on a custom mixed feed if the
inspection fee has been paid on all of the commercial feeds that
are ingredients of the custom mixed feed.
(3) On commercial feeds that contain ingredients on which the
inspection fee has already been paid, credit shall be given for
that payment.
(4) The minimum inspection fee is five dollars ($5) per quarter
if a quarterly feed tonnage report is required under section 31
of this chapter.
(b) In the case of a pet food or a specialty pet food that is
distributed in Indiana in packages of ten (10) pounds or less, an
annual inspection fee of fifty dollars ($50) shall be paid instead of
the tonnage inspection fee specified in subsection (a).
As added by P.L.2-2008, SEC.10.
IC 15-19-7-31
Quarterly tonnage reports
Sec. 31. (a) Except as provided in subsection (b), a distributor
who is liable for the payment of the tonnage inspection fee under
section 30 of this chapter shall file quarterly tonnage reports setting
forth the number of net tons of commercial feeds distributed in
Indiana during the preceding calendar quarter. The distributor shall
file the reports not later than January 31, April 30, July 31, and
October 31 of each year. Upon filing a report, the distributor shall
pay the inspection fee at the rate stated in section 30 of this chapter.
Inspection fees that are due and owing and have not been remitted to
the state chemist within fifteen (15) days after the due date shall be
increased by a penalty fee of ten percent (10%) of the amount due or
fifty dollars ($50), whichever is greater. The assessment of this
penalty fee does not prevent the state chemist from taking other
actions under this chapter.
(b) A resident of Indiana who only manufactures and distributes
custom mixed commercial feeds and has met the requirements of
section 30 of this chapter is exempt from filing quarterly feed
tonnage reports.
(c) A distributor who is subject to the inspection fees for small
packaged pet and specialty pet foods distributed in containers of ten
(10) pounds or less under section 30 of this chapter shall do the
following:
(1) Before beginning distribution, file with the state chemist a
listing of small packaged pet and specialty pet foods to be
distributed in Indiana in containers of ten (10) pounds or less,
on forms provided by the state chemist. The listing under this
subdivision shall be renewed annually before January 1 of each
year and is the basis for the payment of the annual inspection
fee of fifty dollars ($50) per product. New products added
during the year must be submitted to the state chemist as a
supplement to the annual listing before distribution.
(2) If the annual renewal of the listing is not received before
January 16 or if an unlisted product is distributed, pay a late
filing fee of ten dollars ($10) per product in addition to the
normal charge for the listing. The late filing fee under this
subdivision is in addition to any other penalty under this
chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-32
Records; cancellation of commercial feed license
Sec. 32. (a) Each person required to pay an inspection fee or to
report under this chapter shall keep records that are necessary or
required by the state chemist to accurately indicate the tonnage of
commercial feed or the number of small packaged pet and specialty
pet products distributed in Indiana. The state chemist or the state
chemist's agent may examine the records to verify statements of
tonnage.
(b) Failure to:
(1) make an accurate statement of tonnage;
(2) make an accurate listing of small packaged pet or specialty
pet products;
(3) pay the inspection fee; or
(4) accurately report any of the information required to be
submitted under this chapter;
is sufficient cause to cancel the commercial feed license of the
person who fails to act or falsifies information under this subsection.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-33
Disposition of fees
Sec. 33. (a) Fees collected by the state chemist under this chapter
shall be paid to the treasurer of Purdue University. The board of
trustees of Purdue University shall expend the money received under
this section on proper vouchers in meeting all necessary expenses in
carrying out this chapter, including:
(1) the employment of inspectors and chemists;
(2) other expenses of the work of feed inspection as provided
for by this chapter; and
(3) any other expenses of Purdue University agricultural
programs authorized by law and in support of the purposes of
this chapter.
(b) Excess funds from the collection of fees under this chapter are
subject to IC 15-16-2-36.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-34
Rules and regulations
Sec. 34. (a) Subject to subsection (b), and in the manner provided
by IC 4-22-2, the state chemist may adopt:
(1) rules for commercial feeds and pet foods as specifically
authorized in this chapter; and
(2) other reasonable rules necessary for the efficient
enforcement of this chapter.
(b) In the interest of uniformity, the state chemist shall adopt the
following by rule unless the state chemist determines that the
following are inconsistent with this chapter or are not appropriate to
conditions that exist in Indiana:
(1) The official definitions of feed ingredients and official feed
terms adopted by the Association of American Feed Control
Officials and published in the official publication of that
organization.
(2) Any regulation promulgated under the federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.) if the state chemist
would have the authority under this chapter to adopt such a rule.
(c) The state chemist may adopt rules under IC 4-22-2 to exclude
from the definition of "commercial feed" commodities, such as hay,
straw, stover, silage, cobs, husks, hulls, and individual chemical
compounds or substances when the commodities, compounds, or
substances are not intermixed or mixed with other materials.
(d) The state chemist may adopt rules under IC 4-22-2 to require
copies of labels and labeling.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-35
Inspection of factories, warehouses, or establishments; notice of
inspection
Sec. 35. (a) Upon presenting appropriate credentials and a written
notice to the owner, operator, or agent in charge, officers or
employees designated by the state chemist may:
(1) during normal business hours, enter:
(A) a factory, warehouse, or establishment in Indiana in
which commercial feeds are manufactured, processed,
packed, or held for distribution; and
(B) a vehicle being used to transport or hold commercial
feeds; and
(2) at reasonable times, within reasonable limits, and in a
reasonable manner, inspect such a factory, warehouse,
establishment, or vehicle and all pertinent equipment, finished
and unfinished materials, containers, and labeling;
to enforce this chapter and to determine compliance with this
chapter, including whether or not any operations are subject to this
chapter. In determining compliance with good manufacturing
practice rules adopted under section 29(9) of this chapter, the
inspection may include the verification of only the records and
production and control procedures necessary to determine
compliance with those rules.
(b) A separate notice shall be given for each inspection, but a
notice is not required for each entry made during the period covered
by the inspection. Each inspection must begin and be completed with
reasonable promptness. The person in charge of the facility or
vehicle shall be notified upon completion of the inspection.
(c) An officer or employee who inspects a factory, warehouse, or
other establishment and obtains a sample in the course of the
inspection shall, upon completion of the inspection and before
leaving the premises, give to the owner, operator, or agent in charge
a receipt describing the samples obtained.
(d) The state chemist shall forward the results of analyses of
official samples to the person named on the label and to the person
in whose possession the sample was taken. If the inspection and
analysis of an official sample indicates a commercial feed has been
adulterated or misbranded, and upon request within thirty (30) days
following receipt of the analysis, the state chemist shall furnish to the
registrant a portion of the sample concerned.
(e) The state chemist, in determining for administrative purposes
whether a commercial feed is deficient in any component, shall be
guided by the official sample obtained and analyzed as provided for
in subsection (c) and section 36 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-36
Sampling and analysis
Sec. 36. (a) For the purpose of the enforcement of this chapter, the
state chemist or the state chemist's agent may enter upon any public
or private premises, including any vehicle of transport, during regular
business hours to have access to, and to obtain samples and examine
records relating to distribution of commercial feeds.
(b) Sampling and analysis under this chapter shall be conducted
in accordance with methods published by AOAC International or in
accordance with other generally recognized methods.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-37
Warrants
Sec. 37. If the owner of a factory, warehouse, or establishment
described in section 35(a) of this chapter or the owner's agent refuses
to admit the state chemist or the state chemist's agent to inspect in
accordance with section 35(a) and 35(b) of this chapter, the state
chemist may obtain from any state court a warrant directing the
owner or the owner's agent to submit the premises described in the
warrant to inspection.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-38
"Stop sale or withdrawal from distribution" order
Sec. 38. If the state chemist or the state chemist's agent has
reasonable cause to believe that a lot of commercial feed is being
distributed in violation of this chapter or a rule adopted under this
chapter, the state chemist or agent may issue and enforce a written or
printed "stop sale or withdrawal from distribution" order, warning
the distributor not to dispose of the lot of commercial feed in any
manner until written permission is given by the state chemist or a
court. The state chemist shall release the lot of commercial feed
when the distributor has complied with this chapter and the rules
adopted under this chapter. If compliance is not obtained within
thirty (30) days, the state chemist may begin, or upon request of the
distributor or licensee shall begin, proceedings for condemnation
under section 39 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-39
Seizure of commercial feed on complaint of director; court
procedure
Sec. 39. A lot of commercial feed that is not in compliance with
this chapter or a rule adopted under this chapter is subject to seizure
on complaint of the state chemist to a court with jurisdiction in the
county in which the commercial feed is located. If the court finds the
commercial feed is in violation of this chapter and orders the
condemnation of the commercial feed, the commercial feed shall be
disposed of in any manner consistent with the quality of the
commercial feed and the laws of Indiana. However, the disposition
of the commercial feed may not be ordered by the court without first
giving the claimant an opportunity to apply to the court for release of
the commercial feed or for permission to process or relabel the
commercial feed to bring it into compliance with this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-40
Prohibited acts
Sec. 40. A person commits a Class C infraction if the person
knowingly engages in any of the following:
(1) The manufacture or distribution of a commercial feed that
is adulterated or misbranded.
(2) The adulteration or misbranding of a commercial feed.
(3) The distribution of agricultural commodities, such as whole
seed, hay, straw, stover, silage, cobs, husks, and hulls, that are
adulterated within the meaning of section 29(1) of this chapter.
(4) The removal or disposal of a commercial feed in violation
of an order under section 38 or 39 of this chapter.
(5) The failure to obtain a commercial feed license under
section 24 of this chapter.
(6) The failure to pay inspection fees or file reports as required
by section 30 or 31 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-41
Hindering performance of duty
Sec. 41. A person who impedes, hinders, or otherwise prevents the
state chemist or the state chemist's agent in performance of the state
chemist's duty under this chapter commits a Class C infraction.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-42
Discretion of director or representative regarding certain penalties
Sec. 42. This chapter does not require the state chemist or the
state chemist's agent to:
(1) report for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution order;
as a result of minor violations of the chapter if the state chemist or
the state chemist's agent believes the public interest will best be
served by suitable notice of warning in writing.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-43
Prosecuting attorneys; duties
Sec. 43. A prosecuting attorney to whom a violation of this
chapter or a rule adopted under this chapter is reported shall consider
the institution and prosecution of appropriate proceedings in a court
with jurisdiction without delay. However, before the state chemist
reports a violation for prosecution, the state chemist shall give an
opportunity to the distributor to present the distributor's view to the
state chemist.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-44
Temporary or permanent injunction
Sec. 44. The state chemist may apply for and the appropriate court
may grant a temporary or permanent injunction restraining any
person from violating or continuing to violate this chapter or a rule
adopted under this chapter, notwithstanding the existence of other
remedies at law. The injunction may be issued without bond.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-45
Judicial review
Sec. 45. A person adversely affected by an act, an order, or a
ruling made under this chapter, other than the penalty provisions of
this chapter, may not later than forty-five (45) days after the date of
the act, order, or ruling bring an action in a court with jurisdiction for
judicial review. The proceeding must be brought under IC 4-21.5 or,
if IC 4-21.5 is inadequate, the proceeding must be brought as an
applicable legal action, including an action for declaratory judgment
or as a prohibitory or mandatory injunction.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-46
Confidential information; disclosure; violation
Sec. 46. A person who recklessly uses to the person's own
advantage or recklessly reveals to persons other than the state
chemist, an agent of the state chemist, or to the courts when relevant
in any judicial proceeding any information acquired under this
chapter concerning any method, records, formulations, or processes
entitled to protection as a trade secret commits a Class B
misdemeanor. However, this does not prohibit the state chemist or
the state chemist's agent from exchanging information of a regulatory
nature with officials of the United States government or of other
states who are also prohibited by law from revealing protected
information.
As added by P.L.2-2008, SEC.10.