CHAPTER 10. DANGEROUS AND DISEASED ANIMALS
IC 15-17-10
Chapter 10. Dangerous and Diseased Animals
IC 15-17-10-1
Duty to report dangerous or diseased animals
Sec. 1. (a) The owner of an animal affected with a dangerous orcontagious disease shall report the disease to the state veterinariannot later than forty-eight (48) hours after discovering the existenceof the disease.
(b) A veterinarian, caretaker, or custodian of an animal who:
(1) is not the owner of the animal; and
(2) knows or has reason to suspect that a dangerous, contagious,or infectious disease exists in the animal;
shall report the existence of disease to the state veterinarian or localhealth officer not later than forty-eight (48) hours after discoveringor having reason to suspect the disease exists.
(c) A local health officer who receives a report from a personunder this section shall report the disease within twenty-four (24)hours to the state veterinarian.
As added by P.L.2-2008, SEC.8. Amended by P.L.86-2008, SEC.11.
IC 15-17-10-2
Owner and caretaker duties
Sec. 2. An owner or a caretaker of an animal and the owner's ora caretaker's agents shall provide reasonable assistance that isrequired to enable the state veterinarian, the state veterinarian'sauthorized agent, or an agent of the United States Department ofAgriculture to perform the state veterinarian's or agent's duties.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-3
Examination of suspected or diseased animals
Sec. 3. The state veterinarian or the state veterinarian's agent shallmake an examination of animals and objects suspected to bedangerous or diseased and shall enforce related laws, rules, andorders.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-4
Authority of USDA
Sec. 4. An agent of the United States Department of Agriculturemay do the following:
(1) Inspect, test, quarantine, and condemn animals and objectsin Indiana that are affected with any disease or pest of animals,are suspected to be affected, or may have been exposed to anydisease or pest of animals.
(2) Enter the grounds or premises to carry out the duties undersubdivision (1).
(3) Request that a law enforcement officer provide assistance indischarging the duties under subdivision (1). A law enforcement
officer shall assist an agent when requested. An agent has thesame power and protection as a law enforcement officer whenengaged in the discharge of the agent's duties. However, thestate is not liable for any damages or expenses caused or madeby an agent.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-5
Proclamation prohibiting movement of animals
Sec. 5. If the governor has good reason to believe that:
(1) any disease or pest of animals has been discovered; and
(2) the importation of animals or objects from another state, orthe movement of animals or objects within Indiana, would beinjurious to the health of the citizens or the animals of Indiana;
the governor may, on the recommendation of the board, issue aproclamation to prohibit the entry into or other movement withinIndiana of animals and objects or stipulate the conditions underwhich animals and objects may enter or move within Indiana.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-6
Indemnification
Sec. 6. (a) Except as provided in subsection (b), the owner of anyanimal or object condemned by the board shall be indemnified asprovided in this article and regulations governing the payment ofindemnity by the state or by the state in cooperation with the federalgovernment. The length of time that a condemned animal has beenin Indiana may not be considered when determining the payment ofindemnity. The board or the board's agent shall determine indemnityamounts based on appraisals or other determinations of value madeaccording to:
(1) rules and policies adopted by the board; or
(2) laws and policies of the federal government;
that govern indemnity payments.
(b) The board is not required to indemnify objects that areadulterated, misbranded, or condemned under IC 15-17-5,IC 15-18-1, or IC 16-42.
(c) The board may pay the cost of transporting, testing, treating,euthanizing, destroying, and disposing of infected, exposed, orsuspect animals and objects.
(d) The board may pay the cost of cleaning and disinfecting forpurposes allowed under this article.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-7
Indemnification exceptions
Sec. 7. (a) Except as provided in subsection (b), an indemnitypayment may not be made for the following:
(1) Animals or objects belonging to the United States.
(2) Animals or objects belonging to the state. (3) Animals or objects brought into the state or moved inviolation of this article, the rules of the board, or an agreementfor the control of diseases or pests.
(4) Animals that were previously affected by any other diseaseor pest, which, from its nature and development, caused anincurable condition and was necessarily fatal.
(5) Animals or objects affected with disease or pest of animalsthat the owner purchased, knowing that the animals or objectswere infected with or exposed to a disease or pest of animals,including animals or objects purchased from a place where acontagious disease or pest of animals was known to exist.
(6) Any animal or object that the owner or the owner's agentintentionally infects with or exposes to a disease or pest ofanimals.
(7) Any animal or object for which the owner receivedindemnity or reimbursement from any other source.
(b) The board may pay indemnity for animals or objects describedin subsection (a)(3) through (a)(5) if the board finds that payment ofindemnity is necessary to accomplish the purposes of this article.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-8
Condemnation
Sec. 8. (a) The board or the board's agent may condemn andcontrol the disposition of any animal or object infected with orexposed to, or suspected to be infected with or exposed to, foot andmouth disease, glanders, or other diseases or pests of animals that, inthe opinion of the board, are a health hazard to the livestock industry,other animals, or the citizens of Indiana.
(b) Objects infected with, exposed to, or suspected to be infectedwith or exposed to a disease or pests of animals described insubsection (a) may be condemned and shall be destroyed or disposedof in a manner as directed by the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-9
Board's powers; emergency rules and orders
Sec. 9. If the board determines that a disease or pest of animalspresents a health hazard to the citizens or animals of Indiana, thefollowing action may be taken:
(1) The board may adopt emergency rules under IC 4-22-2-37.1that facilitate the prevention, detection, control, and eradicationof the disease or pest of animals, including the following to:
(A) Prohibit or impose conditions on importing animals andobjects into Indiana.
(B) Require testing of animals and objects.
(C) Require vaccination or other treatment of animals andobjects.
(D) Prohibit or impose conditions on moving animals andobjects within Indiana. (E) Govern the disposition of animals and objects.
(F) Impose other measures governing animals and objects toprotect the citizens and animals of Indiana from diseases andpests of animals.
(2) The state veterinarian may issue emergency orders underIC 4-21.5-4 governing animals and objects in order to protectthe citizens and animals of the state from diseases and pests ofanimals.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-10
Disposal of dead animals
Sec. 10. If the board determines that a disease or pest of animalshas or is imminently likely to result in a large number of deadanimals, the board may facilitate the prompt disposal of the deadanimals by adopting an emergency rule under IC 4-22-2-37.1 thatamends or suspends any of the following:
(1) IC 15-17-11.
(2) A rule adopted by the board that governs the disposal ofdead animals.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-11
Declaration of animal health emergency
Sec. 11. If the board determines that a disease or pest of animalspresents a hazard to the citizens or animals of Indiana, the boardmay:
(1) use funds appropriated to the board by the general assemblyfor indemnity or any other purpose; and
(2) submit to the budget agency a request for additional fundsunder IC 4-12-1-15 or any other prescribed procedure and useany funds received;
to address the hazard.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-12
Purchasing animals for disease study
Sec. 12. The board may purchase an animal or object to prevent,detect, control, and eradicate diseases and pests of animals.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-13
Forms
Sec. 13. The board shall prescribe and furnish upon request allforms to be used in conjunction with applications and reportsrequired under this article.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-14
Receipts; report; deposit Sec. 14. All money received by the state veterinarian under thischapter shall be reported to the auditor of state at the end of eachmonth or at another time prescribed by law, and at the same time thestate veterinarian shall deposit the entire amount of the receipts withthe treasurer of state for deposit in the state general fund.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-15
State poultry association; cooperation
Sec. 15. The Indiana State Poultry Association is designated asthe official state agency to cooperate with the United StatesDepartment of Agriculture and the board in administering thenational poultry improvement plan.
As added by P.L.2-2008, SEC.8.
IC 15-17-10-16
Feeding garbage to swine prohibited
Sec. 16. A person may not feed or permit the feeding of garbageto swine, except for rendered products.
As added by P.L.2-2008, SEC.8.