CHAPTER 3. BOARD OF ANIMAL HEALTH
IC 15-17-3
Chapter 3. Board of Animal Health
IC 15-17-3-1
Creation
Sec. 1. The Indiana state board of animal health is established.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-2
Membership
Sec. 2. The board consists of eleven (11) members appointed bythe governor as follows:
(1) One (1) member from the school of veterinary medicine ofPurdue University upon the recommendation of the PurdueUniversity board of trustees.
(2) Two (2) members, each of whom must:
(A) be a graduate of a veterinary college accredited by theAmerican Veterinarian Medical Association and licensedand accredited to practice veterinary medicine and surgeryin Indiana;
(B) have at least five (5) years experience in veterinarymedicine; and
(C) actually be engaged in the general practice of veterinarymedicine during the member's term on the board.
The members appointed under this subdivision may not belongto the same political party.
(3) Seven (7) members with the following qualifications:
(A) One (1) member must be engaged in poultry production.
(B) One (1) member must be engaged in dairying.
(C) One (1) member must be engaged in swine production.
(D) One (1) member must be engaged in beef-type cattleproduction.
(E) One (1) member must be engaged in horse production.
(F) One (1) member must be engaged in sheep production.
(G) One (1) member must be:
(i) engaged in small animal veterinary medical practice;and
(ii) a veterinarian licensed and accredited to practiceveterinary medicine and surgery in Indiana who has beenlicensed and accredited for at least five (5) years.
The members appointed under clauses (A) through (F) must beproducers of livestock or poultry who are engaged in livestockor poultry production during their service on the board. Notmore than four (4) of the members appointed under thissubdivision may belong to the same political party.
(4) One (1) member who is affiliated with a licensed livestockmarket.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-3 Conflict of interest
Sec. 3. A member of the board may not be directly or indirectlyinterested as director, officer, salesman, or employee of a personengaged in the manufacture or sale of any commercial product,byproduct, or biological product affecting the livestock industry.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-4
Compensation
Sec. 4. A member of the board is entitled to a per diem andtransportation expense as provided by law when engaged in themember's official duties.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-5
Term
Sec. 5. (a) The term of a member of the board is four (4) yearsbeginning on April 1.
(b) A member serves until the member's successor is appointedand qualified.
(c) Except as provided in subsection (d), a person is not eligibleto serve as a member of the board for more than two (2) consecutivefull terms.
(d) Subsection (c) does not apply to the member appointed fromthe school of veterinary medicine at Purdue University under section2(1) of this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-6
Expiration of terms
Sec. 6. (a) The terms of:
(1) the member engaged in dairying; and
(2) the member engaged in swine production;
appointed under section 2(3) of this chapter expire March 31, 2008,and every four (4) years thereafter.
(b) The terms of:
(1) the members engaged in:
(A) poultry production; and
(B) sheep production;
appointed under section 2(3) of this chapter; and
(2) one (1) veterinarian member appointed under section 2(2) ofthis chapter;
expire March 31, 2009, and every four (4) years thereafter.
(c) The terms of:
(1) the member engaged in horse production appointed undersection 2(3) of this chapter; and
(2) the member affiliated with a licensed livestock marketappointed under section 2(4) of this chapter;
expire March 31, 2010, and every four (4) years thereafter.
(d) The terms of: (1) the members engaged in:
(A) beef-type cattle production; and
(B) small animal veterinary medical practice;
appointed under section 2(3) of this chapter; and
(2) one (1) veterinarian member appointed under section 2(2) ofthis chapter;
expire March 31, 2011, and every four (4) years thereafter.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-7
Appointment of successor
Sec. 7. At least thirty (30) days before the expiration of the termof office of a member of the board, the governor shall appoint asuccessor.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-8
Vacancies
Sec. 8. In the event of a vacancy, the governor shall immediatelyappoint a successor to complete the unexpired term.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-9
Officers
Sec. 9. The board shall elect a chairperson and vice chairpersonfrom the board's membership each year at the board's April meeting.The chairperson and vice chairperson each serve a term of one (1)year. The state veterinarian serves as secretary of the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-10
Meetings; quorum
Sec. 10. (a) The board:
(1) shall hold quarterly meetings at the board's office inIndianapolis, during January, April, July, and October of eachyear; and
(2) may hold special meetings upon the call of the chairpersonor a majority of the members of the board.
(b) Six (6) members of the board constitute a quorum to transactbusiness.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-11
Duties
Sec. 11. The board has general supervision of:
(1) the prevention, detection, control, and eradication ofdiseases and pests affecting the health of animals within and intransit through Indiana; and
(2) the production, manufacture, processing, and distribution ofproducts derived from animals;to control health hazards that may threaten the public health andwelfare of the citizens of Indiana.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-12
Powers
Sec. 12. The board has all powers necessary to fulfill the board'sduties under this article.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-13 Version a
Additional powers and duties
Note: This version of section effective until 1-1-2011. See alsofollowing version of this section, effective 1-1-2011.
Sec. 13. In addition to the powers and duties given the board inthis article and by law, the board has the powers and dutiesreasonable and necessary to do the following:
(1) Provide for the quarantine of animals and objects to prevent,control, and eradicate diseases and pests of animals.
(2) Develop, adopt, and implement programs and procedures forestablishing and maintaining accredited, certified, validated, ordesignated disease or pest free or disease or pest monitoredanimals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that aremonitored for disease or pest syndromes.
(B) The establishment and maintenance of certified orvalidated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accreditedtuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for theprevention, detection, control, and eradication of diseases andpests of animals.
(4) Control or prohibit, by permit or other means, the movementand transportation into, out of, or within Indiana of animals andobjects in order to prevent, detect, control, or eradicate diseasesand pests of animals. When implementing controls orprohibitions the board may consider whether animals or objectsare diseased, suspected to be diseased, or under quarantine, orwhether the animals or objects originated from a country, astate, an area, or a premises that is known or suspected toharbor animals or objects infected with or exposed to a diseaseor pest of animals.
(5) Control or prohibit the public and private sale of animalsand objects in order to prevent the spread of disease and pestsof animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into andwithin Indiana;
to accomplish the objectives of this article. (7) Control the use, sanitation, and disinfection of premises,facilities, and equipment to accomplish the objectives of thisarticle.
(8) Control the movement of animals and objects to, from, andwithin premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animalsand objects.
(10) Control the manufacture, sale, storage, distribution,handling, and use of serums, vaccines, and other biologics andveterinary drugs, except those drugs for human consumptionregulated under IC 16-42-19, to be used for the prevention,detection, control, and eradication of disease and pests ofanimals.
(11) Control and prescribe the means, methods, and proceduresfor the vaccination or other treatment of animals and objectsand the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for theidentification of animals, objects, premises, and means ofconveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned underthis article; and
(B) related to classification as to disease, testing,vaccination, or treatment status.
(13) Establish the terms and method of appraisal or otherdetermination of value of animals and objects condemned underthis article, the payment of any indemnities that may beprovided for the animals and objects, and the regulation of thesale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriatedepartments and agencies of this state, any other state, or thefederal government to prevent, detect, control, and eradicatediseases and pests of animals.
(16) Control or prohibit the movement and transportation into,out of, or within Indiana of wild animals, including birds, thatmight carry or disseminate diseases or pests of animals.
(17) Provide for condemning or abating conditions that cause,aggravate, spread, or harbor diseases or pests of animals.
(18) Establish and designate, in addition to the animal diseasediagnostic laboratory under IC 21-46-3-1, other laboratoriesnecessary to make tests of any nature for diseases and pests ofanimals.
(19) Investigate, develop, and implement the best methods forthe prevention, detection, control, suppression, or eradication ofdiseases and pests of animals.
(20) Investigate, gather, and compile information concerningthe organization, business conduct, practices, and managementof any registrant, licensee, permittee, applicant for a license, orapplicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and
unpermitted activities.
(22) Institute legal action in the name of the state of Indiananecessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking ofgarbage to be fed to swine or other animals and all matters ofsanitation relating to the collection, transportation, and cookingof garbage affecting the health of swine or other animals andaffecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers grantedby this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection servicesand all matters connected to disposal plants and byproductscollection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time ofslaughter as a result of treatment or exposure; and
(B) are found by the board to be or have the potential ofbeing injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, anddistribution of products derived from animals to control healthhazards that may threaten:
(A) animal health;
(B) the public health and welfare of the citizens of Indiana;and
(C) the trade in animals and animal products in and fromIndiana.
(29) Cooperate and coordinate with local, state, and federalemergency management agencies to plan and implementdisaster emergency plans and programs as the plans andprograms relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegationsof cruelty and neglect of animals.
(31) Assist organizations that represent livestock producers withissues and programs related to the care of livestock.
(32) Establish a registry of commercial dog brokers andcommercial dog breeders in Indiana.
As added by P.L.2-2008, SEC.8. Amended by P.L.111-2009, SEC.3.
IC 15-17-3-13 Version b
Additional powers and duties
Note: This version of section effective 1-1-2011. See alsopreceding version of this section, effective until 1-1-2011.
Sec. 13. In addition to the powers and duties given the board inthis article and by law, the board has the powers and dutiesreasonable and necessary to do the following:
(1) Provide for the quarantine of animals and objects to prevent,control, and eradicate diseases and pests of animals. (2) Develop, adopt, and implement programs and procedures forestablishing and maintaining accredited, certified, validated, ordesignated disease or pest free or disease or pest monitoredanimals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that aremonitored for disease or pest syndromes.
(B) The establishment and maintenance of certified orvalidated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accreditedtuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for theprevention, detection, control, and eradication of diseases andpests of animals.
(4) Control or prohibit, by permit or other means, the movementand transportation into, out of, or within Indiana of animals andobjects in order to prevent, detect, control, or eradicate diseasesand pests of animals. When implementing controls orprohibitions, the board may consider whether animals or objectsare diseased, suspected to be diseased, or under quarantine, orwhether the animals or objects originated from a country, astate, an area, or a premises that is known or suspected toharbor animals or objects infected with or exposed to a diseaseor pest of animals.
(5) Control or prohibit the public and private sale of animalsand objects in order to prevent the spread of disease and pestsof animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into andwithin Indiana;
to accomplish the objectives of this article.
(7) Control the use, sanitation, and disinfection of premises,facilities, and equipment to accomplish the objectives of thisarticle.
(8) Control the movement of animals and objects to, from, andwithin premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animalsand objects.
(10) Control the manufacture, sale, storage, distribution,handling, and use of serums, vaccines, and other biologics andveterinary drugs, except those drugs for human consumptionregulated under IC 16-42-19, to be used for the prevention,detection, control, and eradication of disease and pests ofanimals.
(11) Control and prescribe the means, methods, and proceduresfor the vaccination or other treatment of animals and objectsand the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for theidentification of animals, objects, premises, and means ofconveyances. Plans and programs may include identification: (A) of animals or objects that have been condemned underthis article; and
(B) related to classification as to disease, testing,vaccination, or treatment status.
(13) Establish the terms and method of appraisal or otherdetermination of value of animals and objects condemned underthis article, the payment of any indemnities that may beprovided for the animals and objects, and the regulation of thesale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriatedepartments and agencies of this state, any other state, or thefederal government to prevent, detect, control, and eradicatediseases and pests of animals.
(16) Control or prohibit the movement and transportation into,out of, or within Indiana of wild animals, including birds, thatmight carry or disseminate diseases or pests of animals.
(17) Provide for condemning or abating conditions that cause,aggravate, spread, or harbor diseases or pests of animals.
(18) Establish and designate, in addition to the animal diseasediagnostic laboratory under IC 21-46-3-1, other laboratoriesnecessary to make tests of any nature for diseases and pests ofanimals.
(19) Investigate, develop, and implement the best methods forthe prevention, detection, control, suppression, or eradication ofdiseases and pests of animals.
(20) Investigate, gather, and compile information concerningthe organization, business conduct, practices, and managementof any registrant, licensee, permittee, applicant for a license, orapplicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, andunpermitted activities.
(22) Institute legal action in the name of the state of Indiananecessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking ofgarbage to be fed to swine or other animals and all matters ofsanitation relating to the collection, transportation, and cookingof garbage affecting the health of swine or other animals andaffecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers grantedby this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection servicesand all matters connected to disposal plants and byproductscollection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time ofslaughter as a result of treatment or exposure; and (B) are found by the board to be or have the potential ofbeing injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, anddistribution of products derived from animals to control healthhazards that may threaten:
(A) animal health;
(B) the public health and welfare of the citizens of Indiana;and
(C) the trade in animals and animal products in and fromIndiana.
(29) Cooperate and coordinate with local, state, and federalemergency management agencies to plan and implementdisaster emergency plans and programs as the plans andprograms relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegationsof cruelty and neglect of animals.
(31) Assist organizations that represent livestock and poultryproducers with issues and programs related to the care oflivestock and poultry.
(32) Establish a registry of commercial dog brokers andcommercial dog breeders in Indiana.
As added by P.L.2-2008, SEC.8. Amended by P.L.111-2009, SEC.3;P.L.50-2010, SEC.2.
IC 15-17-3-14
Delegation of duties to state veterinarian
Sec. 14. The board may delegate any of the board's duties to thestate veterinarian, except the following:
(1) The duty to supervise the state veterinarian.
(2) The duty to hold hearings under this article and IC 4-21.5.
(3) The duty to adopt rules.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-15
Inspections; entry onto property; remediation
Sec. 15. (a) The board or the board's agent:
(1) may make sanitary inspections and surveys; and
(2) may enter upon any public or private property where anyanimals or objects are at the time quartered, including thelocation of the carcass of any animal;
to inspect the property, examine the animals or objects, conduct testsin regard to the presence of diseases or pests of animals and thepossible cause and sources of the disease or pest, and perform anyother function authorized by this article.
(b) The board or the board's agent may hold, seize, quarantine,treat, destroy, dispose of, or take other remedial action with respectto any animal or progeny of any animal, object, or means ofconveyance that the board or the board's agent:
(1) has reason to believe:
(A) may carry, may have carried, or may have been affected
by or exposed to any disease or pest of animals; or
(B) violates this article or a rule adopted under this article;
(2) finds is not being maintained or has not been maintained inaccordance with a quarantine or condition imposed under thisarticle, a rule adopted under this article, or an order issuedunder this article; or
(3) determines must be acted upon to prevent the disseminationof a disease or pest of animals.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-16
Subpoenas
Sec. 16. The board, over the signature of the chairperson oranother board member authorized by the board, may do the followingto accomplish the board's objectives:
(1) Subpoena and bring before the board any person in this stateto take testimony either orally or by deposition or by exhibit,with the same fees and mileage, and in the same manner asprescribed by law in judicial procedure in civil cases in thecircuit courts of Indiana.
(2) Subpoena and order any person to provide to boardpersonnel for inspection and copying records, photographs, andany other type of document or data compilation, or to allowaccess for inspection, copying, testing, sampling, analysis, ortreatment to any tangible thing, including animals, carcasses ofanimals, animal feed, and meat, dairy, and other human foodproducts.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-17
Oaths
Sec. 17. An agent of the board may administer oaths to witnessesat any hearing that the board is authorized by law to conduct.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-18
Reports
Sec. 18. (a) The board may require, by general or special order,licensees and permittees under this article to file with the board in aprescribed form:
(1) annual, periodic, or special reports; or
(2) answers, in writing, to specific questions;
to provide information concerning the business conduct of thelicensee or permittee and the practices and management of thebusiness of the licensee or permittee as the practices andmanagement relate to other persons in the same business.
(b) The board may require that the reports and answers under thissection be made under oath and filed within a reasonable time if therequirements are determined to be essential by the board.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-19
Federal laws
Sec. 19. The board may, on behalf of the state, accept or adopt, inwhole or in part, federal laws, including regulations adopted byagencies of the United States that are necessary or helpful infulfilling the board's duties under this article. The board maycooperate with the authorities of the United States governmentwithin Indiana in enforcing state and federal laws.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-20
Funds from sources other than the state
Sec. 20. The board may accept, use, and expend funds or otherresources from sources other than the state if:
(1) the resources are awarded for the pursuit of a specificobjective that the board is authorized to accomplish under thisarticle or that the board is qualified to accomplish by reason ofthe board's jurisdiction or professional expertise;
(2) the resources are expended for the pursuit of the objectivefor which the resources are awarded;
(3) activities connected with or occasioned by the expenditureof the resources do not interfere with or impair the performanceof the board's duties and responsibilities and do not conflictwith the exercise of the board's powers and duties under thisarticle;
(4) monetary resources are kept in separate accounts in the statetreasury; and
(5) reports of the board's receipt and use of the resources areprepared periodically.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-21
Rules
Sec. 21. The board shall adopt rules under IC 4-22-2 that arereasonable and necessary to discharge the duties imposed on theboard by law and to implement this article, IC 15-18-1, andIC 15-19-6.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-22
Allowable adoptions of rules
Sec. 22. (a) Notwithstanding IC 15-17-2-37, the board may adoptby rule a different definition of "herd" to advance a disease controlprogram or objective.
(b) Notwithstanding IC 15-17-2-64(5), the board may adopt rulesconcerning livestock products that are not in containers to establishthe circumstances under which those products are not consideredmisbranded.
(c) Notwithstanding IC 15-17-2-64(5)(B), the board may adoptrules concerning small containers to establish variations or
exemptions from label quantity statements under which thecontainers are not considered misbranded.
(d) Notwithstanding IC 15-17-2-64(9)(B), the board shall adoptrules to establish exemptions for product labels that do not bear thecommon or usual name of each ingredient in a product fabricatedfrom at least two (2) ingredients under which the products are notconsidered misbranded if listing the common or usual name of eachingredient is impracticable or results in deception or unfaircompetition.
(e) Notwithstanding IC 15-17-2-64(11), the board shall adoptrules to establish exemptions for products that contain artificialflavoring, artificial coloring, or a chemical preservative under whichthe products are not considered misbranded if the products do notbear a label stating that the products contain those substances ifstating that fact is impracticable.
As added by P.L.2-2008, SEC.8.
IC 15-17-3-23
Livestock and poultry standards of care
Effective 1-1-2011.
Sec. 23. The board may adopt rules to establish standardsgoverning the care of livestock and poultry. The board shall considerthe following when adopting the standards:
(1) The health and husbandry of the livestock and poultry.
(2) Generally accepted farm management practices.
(3) Generally accepted veterinary standards and practices.
(4) The economic impact the standards may have on:
(A) livestock and poultry farmers;
(B) the affected livestock and poultry sector; and
(C) consumers.
As added by P.L.50-2010, SEC.3.