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 thisarticle.
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 thefollowing descriptions:
(1) The product bears or contains a poisonous or deleterioussubstance that may make the product injurious to health.However, if the substance is not an added substance, theproduct is not considered adulterated under this subdivision ifthe quantity of the substance in or on the product does notordinarily make the product injurious to health.
(2) The product bears or contains any of the following:
(A) Any added poisonous or added deleterious substancethat is unsafe within the meaning of Section 406 of thefederal Food, Drug, and Cosmetic Act and the regulationsadopted under that act.
(B) A pesticide chemical that is unsafe within the meaningof Section 408 of the federal Food, Drug, and Cosmetic Actor the regulations adopted under that act.
(C) A food additive that is unsafe under Section 409 of thefederal Food, Drug, and Cosmetic Act or the regulationsadopted under that act.
(D) A color additive that is unsafe under Section 721 of thefederal Food, Drug, and Cosmetic Act or the regulationsadopted under that act.
(E) A new animal drug (or conversion product of a newanimal drug) that is unsafe within the meaning of Section512 of the federal Food, Drug, and Cosmetic Act or theregulations adopted under that act.
However, a product that is not considered adulterated underclause (A), (B), (C), (D), or (E) is considered adulterated if useof the pesticide chemical, food additive, or color additive in oron the product is prohibited by rules of the board in foodprocessing 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 underunsanitary 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 thanslaughter.
(6) The product's container consists in whole or in part of apoisonous or deleterious substance that may make the contentsinjurious to health.
(7) The product has been intentionally subjected to radiation,unless the use of the radiation was in conformity with aregulation 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 partomitted or removed from the product;
(B) a substance has been substituted wholly or in part for theproduct;
(C) damage or inferiority has been concealed in any manner;or
(D) a substance has been added to the product or mixed orpacked with the product to increase the product's bulk orweight, reduce the product's quality or strength, or make theproduct appear better or of greater value than the product is.
(9) The product is oleomargarine or margarine containinganimal fat and any of the raw material used in the productconsisted in whole or in part of a filthy, putrid, or decomposedsubstance 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, excepthumans.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-4
"Antemortem inspection"
Sec. 4. "Antemortem inspection" means the inspection of alllivestock or poultry before slaughter on the day of slaughter at anofficial 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 anofficial certificate of veterinary inspection that contains the approvalof 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 anestablishment 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. 451et 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 ofsix (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 healthestablished 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 orBang's disease) means a dangerous, communicable, and infectiousdisease 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 thefollowing:
(1) Collects official samples.
(2) May transport raw milk in bulk form.
(3) Transports milk to or from a milk plant, receiving station, ortransfer 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 thetruck, tank, and associated equipment necessary for its use, used bya bulk milk hauler/sampler to transport bulk raw milk forpasteurization from a dairy farm to a milk plant, receiving station, ortransfer 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 fromwhich milk is collected in a bulk milk pickup tanker and transportedto 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 whotransports raw fluid milk in cans to a milk plant, receiving station, ortransfer 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 fromwhich 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 orpoultry 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 byrules 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 representativeor an accredited veterinarian that records a veterinary inspection ofan animal, statements about the health of an animal, tests conductedon an animal, vaccinations given an animal, and other informationabout an animal and the animal's movement that is required by a stateor 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 iscertified as free from brucellosis as defined by rules of the board andregulations of the United States Department of Agriculture madeunder 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 federalFood, 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 businessunder IC 15-17-14 where only feeder pigs, to which the licensee hastaken 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 betransported or who delivers animals to a livestock auction market forthe 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, waterbuffalo, or other hoofed mammal is kept; and
(2) from which a part or all of the milk or milk products that areproduced 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 thisarticle, "dealer" means any person who is engaged in the business ofbuying, selling, or negotiating the transfer of livestock:
(1) for processing into meat products in conjunction with theoperation 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 engagedin the business of buying or selling livestock products or poultryproducts on commission or negotiating purchases or sales oflivestock products or poultry products other than for the person's ownaccount 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 associatedequipment that is constructed or intended to be operated for thedisposal of the following:
(1) The bodies of dead animals not slaughtered and intended forhuman food.
(2) The nonedible byproducts from the slaughtering of animalsfor human food, including the disposal of the body of anyanimal slaughtered for human food that has become unsuitablefor use as human food.
(3) The disposal of the bodies of dead poultry not suitable forhuman 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 inconnection with a disposal business for the temporary deposit ofanimal bodies and nonedible byproducts pending final delivery toany disposal plant, including all vehicles and equipment used for thetransportation 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 (asdefined 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 abuilding, part of a building, or other location used for:
(1) slaughtering livestock or poultry; or
(2) preparing meat, poultry, meat food products, and meatbyproducts 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 thefollowing:
(1) The federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(2) The federal Poultry Products Inspection Act (21 U.S.C. 451et 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 thefederal 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 notmore 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, orcondiment whether simple, mixed, or compound.
(2) All substances or ingredients used in the preparation of theitems 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 federalFood, 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 anyanimal, including fish and poultry; or
(2) refuse from the handling, preparation, cooking, orconsumption of food that has been associated with waste
material derived in whole or in part from any animal, includingfish 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 feddirectly to swine on the same premises where the household islocated.
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 milkproducts that have been:
(1) produced for use in Grade A pasteurized or asepticallyprocessed milk products; and
(2) manufactured under the federal Food and DrugAdministration "Grade A Condensed and Dry Milk Products .Condensed and Dry Whey Supplement I to the Grade APasteurized 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 milkproducts that meet the requirements for Grade A in IC 15-18-1 andin 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 agroup 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 whichlivestock is made insensible to pain by mechanical, electrical,chemical, or other means that is rapid and effective, before beingshackled, hoisted, thrown, cast, or cut.
(b) The term does not include the use of a manually operatedhammer, 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, orother covering in which milk products, livestock products, or poultryproducts 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 purchasedor sold for:
(1) immediate slaughter; or
(2) slaughter and will be slaughtered by the purchaser not laterthan seven (7) days after purchase or will be consigned to anestablishment or to a properly licensed market facility forreconsignment to a slaughtering establishment not later thanseven (7) days after acquiring the animal.
(b) The term does not include an animal that is diverted for anyother 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 theboard to perform any inspection functions under this article and whomeets any of the following criteria:
(1) The person is authorized by the state veterinarian to do anywork or perform any duty in connection with the inspection ofanimals and food products under this article.
(2) The person is an employee or official of the government ofthe county or other governmental subdivision of this state actingunder an agreement between the state veterinarian and agovernmental 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 graphicmatter upon an article or the immediate container, excluding packageliners, 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 orwrappers; 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 byIC 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 aveterinarian:
(1) licensed by any state; and
(2) accredited by the United States Department of Agricultureunder 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 ratitesthat 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 placeof business and contiguous surroundings where animals areconsigned to be sold at public auction by the operator of the business
as an agent for the consignor in exchange for a commission paid bythe 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, thedollar value of livestock sold on commission.
(2) For market agencies buying on commission and dealersbuying livestock, the dollar value of livestock purchased.
(3) For market agencies acting as a clearing agency, the dollarvalue of livestock purchased by all persons for whom themarket 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 dairyproducts that are not considered Grade A under IC 15-18-1 or underthe 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 ona dairy farm that does not have a valid permit issued by the board tosell 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 sellslivestock 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 partfrom 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 arelatively small proportion; or
(2) historically have not been considered by consumers asproducts of the meat food industry and that are exempted fromdefinition as a meat food product by the state veterinarian underconditions the state veterinarian prescribes to ensure that themeat or other parts of the carcass contained in the product arenot adulterated and that the products are not represented as meatfood 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 fromcolostrum that:
(1) is obtained by the complete milking of healthy dairyanimals; and
(2) meets a definition and standard of identity for milk adoptedby 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 saleor 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 packagedmilk and milk products in the original container or package toconsumers.
(2) A restaurant, soda fountain, or similar establishment servingmilk 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 anestablishment 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 inrestaurants 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 therules of the board as:
(1) being within IC 15-18-1; and
(2) conforming to the definitions and standards of identityspecified 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 amilk 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 iscleaned 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 truckand tank, used by a bulk milk hauler/sampler to transport bulkshipments of milk from a milk plant, receiving station, or transferstation 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 isresponsible 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 thefollowing descriptions:
(1) The product's labeling is false or misleading in any way.
(2) The product is offered for sale under the name of anotherfood.
(3) The product is an imitation of another food, unless theproduct's label bears, in type of uniform size and prominence,the word "imitation" and immediately afterward, the name ofthe food imitated.
(4) The product's container is made, formed, or filled in amanner that is misleading.
(5) Except as provided in IC 15-17-3-22(b), the product, if inpackaged 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 accuratestatement of the quantity of the product in terms of weight,measure, or numerical count.
(6) A word, statement, or other information required under thischapter or the rules adopted under this chapter to appear on aproduct's label or other labeling is not prominently placed onthe label with sufficient conspicuousness (as compared withother words, statements, designs, or devices in the labeling) andin terms making it likely to be read and understood by theordinary individual under customary conditions of purchase anduse.
(7) The product purports to be or is represented as a food forwhich a definition and standard of identity or composition hasbeen 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 specifiedin the definition and standard and, as required by rules of theboard, the common names of optional ingredients other thanspices, flavoring, and coloring present in the food.
(8) The product purports to be or is represented as a food forwhich a standard or standards of fill of container have beenprescribed by rules of the board and the product falls below theapplicable standard of fill of container unless the label bears, ina manner and form that the rules specify, a statement that theproduct 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 isfabricated from at least two (2) ingredients, the common orusual name of each ingredient. However, spices, flavorings,and colorings may, when authorized by the stateveterinarian, be designated as spices, flavorings, andcolorings without naming each ingredient.
(10) The product purports to be or is represented for special
dietary uses, unless the product's label bears informationconcerning the product's vitamin, mineral, and other dietaryproperties that the board determines to be necessary to fullyinform purchasers of the product's value for the special dietaryuses as set forth in rules adopted by the board.
(11) Except as provided in IC 15-17-3-22(e), the productcontains artificial flavoring, artificial coloring, or a chemicalpreservative, unless the product bears labeling stating that fact.
(12) The product fails to bear directly on the product and on theproduct's containers information the board prescribes by rule,including an official mark, to ensure that the product will nothave false or misleading labeling and that the public will bereasonably 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 anarea that meets the requirements established by the board and theUnited States department of agriculture under a cooperativeagreement 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, ortransport.
(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 throughIC 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, meansa certificate prescribed by rules of the board for issuance by aninspector or other person performing official functions underIC 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 authorizedby 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 underIC 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 ofveterinary inspection" means an official document issued by a stateor federal representative or an accredited veterinarian who recordsa veterinary inspection of an animal, statements about the health ofan animal, tests conducted on an animal, vaccinations given ananimal, and other information about an animal and the animal'smovement that is required by a state or by the United States to berecorded.
As added by P.L.2-2008, SEC.8.
IC 15-17-2-74
"Official identification"
Sec. 74. "Official identification" means the method ofidentification recognized or required by the board for an animal orclass 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 prescribedby rules of the board showing that an article was inspected andpassed 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, orphysical laboratory that meets the following conditions:
(1) The laboratory is under the direct supervision of the boardor a state or local governmental agency designated by the board.
(2) The laboratory is authorized and certified by the board to doofficial 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 orother symbol prescribed by rules of the board to identify the statusof 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 theboard to do official work; or
(2) an industry laboratory authorized and certified by the boardto 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 werevaccinated in accordance with the state rules and federal regulationsexisting 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 forsale or shipment in commerce; or
(3) marketing meat and meat food products acting as awholesaler, 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 Congressdesignated as the Packers and Stock Yards Act of 1921 (42 U.S.Statutes at Large, page 159), all statutes amending the act, and allregulations 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 meanthe following:
(1) The process of heating every particle of milk or milkproducts (except ice cream, ice milk, and sherbet mixture) to:
(A) at least one hundred forty-five (145) degrees Fahrenheitand holding the particle continuously at or above thistemperature for at least thirty (30) minutes; or
(B) at least one hundred sixty-one (161) degrees Fahrenheitand holding the particle continuously at or above thistemperature for at least fifteen (15) seconds;
in equipment that is properly operated and approved by theboard.
(2) The process of heating milk products that have higher milkfat content than milk or that contain added sweeteners to:
(A) at least one hundred fifty (150) degrees Fahrenheit andheld continuously at or above this temperature for at leastthirty (30) minutes; or
(B) at least one hundred sixty-six (166) degrees Fahrenheitand held continuously at or above this temperature for atleast fifteen (15) seconds.
(3) The process of heating every particle of ice cream, ice milk,or sherbet mixture (except fruits, fruit juices, nuts, cocoa orchocolate, maple syrup, cakes, confections, or other flavoringor color) to:
(A) one hundred fifty-five degrees (155) Fahrenheit andholding the particle continuously at or above thistemperature for at least thirty (30) minutes;
(B) at least one hundred seventy-five (175) degreesFahrenheit and holding the particle continuously at or abovethis temperature for at least twenty-five (25) seconds; or
(C) at least one hundred ninety-four (194) degreesFahrenheit for at least one-half (1/2) second.
(4) Any other pasteurization process that is found to be equallyefficient 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 otherfirm, organization, association, cooperative, or group of individualsor 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 orindirectly 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 organismsdescribed 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 thefederal 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 oflivestock or poultry at the time of slaughter at an officialestablishment.
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 alsofollowing version of this section, effective 1-1-2011.
Sec. 87. "Poultry", for purposes of IC 15-17-5, means adomesticated 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 alsopreceding 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, meansa poultry carcass, part of a poultry carcass, or a product that is madewholly 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 byconsumers 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 setforth 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, orotherwise 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 isinvited to participate whether held at an established place of businessor 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 acertain disease and shows a positive reaction to an official test for thedisease according to existing state rules or federal regulations at thetime 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 anestablishment 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 inrestaurants 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, andrefuse from the handling, preparation, cooking, or consumption offood that has been ground and heated to a minimum temperature oftwo hundred thirty (230) degrees Fahrenheit to make products suchas 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 businessof operating a disposal plant for the rendering of livestock or poultrycarcasses or parts or products of such carcasses.
(b) The term does not include rendering conducted underinspection 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, orputting 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 afacility conducted, operated, or managed for profit or not for profitas a public market in which livestock is assembled for purchase orsale at competitive bidding, or purchase by the persons operating thestockyards.
(b) The term includes concentration points where livestock isassembled for redistribution or resale by means other thancompetitive 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 anestablishment where milk or milk products are transferred directlyfrom 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 fortransporting:
(1) dead animal bodies;
(2) nonedible byproducts from the slaughtering of animals andpoultry; 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 topractice veterinary medicine.
As added by P.L.2-2008, SEC.8.