CHAPTER 5. MEAT AND POULTRY INSPECTION; HUMANE SLAUGHTER ACT
IC 15-17-5
Chapter 5. Meat and Poultry Inspection; Humane Slaughter Act
IC 15-17-5-1
Purpose
Sec. 1. The purpose of this chapter is to do the following:
(1) Safeguard the public health and promote public welfare by:
(A) preventing the slaughter of dead, dying, disabled, ordiseased livestock or poultry for human food purposes; and
(B) preventing the manufacture, processing, storage,transportation, and sale of adulterated meat and poultryproducts for human food purposes.
(2) Eliminate the manufacture, processing, distribution, and saleof fraudulent, misbranded, or deceptive products of livestockand poultry origin.
(3) Prohibit the use of nonhumane methods in the slaughter oflivestock and poultry.
(4) Provide for humane slaughter of livestock and poultry andfor meat and poultry products inspection programs that willimpose and enforce requirements with respect to intrastateoperations and commerce that are at least equal to thoseimposed and enforced under the federal Humane Slaughter Act(7 U.S.C. 1901 et seq.), the federal Meat Inspection Act (21U.S.C. 601 et seq.), and the federal Poultry Products InspectionAct (21 U.S.C. 451 et seq.) with respect to operations andtransactions in interstate commerce.
(5) Aid in the control of livestock and poultry diseases bydiscovering the origins of diseased livestock and poultry foundin antemortem inspections and obtaining samples of blood andtissue specimens as considered necessary for the control oflivestock and poultry diseases.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-2
Administration
Sec. 2. The state veterinarian shall administer this chapter toaccomplish the purposes set forth in section 1 of this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-3
Designation of board
Sec. 3. The board is designated as the appropriate state agency tocooperate with the Secretary of Agriculture of the United States inthe administration of this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-4
Duties of board
Sec. 4. To accomplish the objectives of this chapter, the board oran agent of the board may do the following: (1) Require by rules the following:
(A) Antemortem inspection and postmortem inspection oflivestock and poultry slaughtered for distribution as humanfood.
(B) Except for the operations of establishments exemptunder section 11 of this chapter, the quarantine, segregation,and inspection of livestock and poultry slaughtered, and oflivestock products and poultry products processed orprepared for distribution at all establishments in Indiana.
(2) Require by rules the following:
(A) The identification of livestock and poultry for inspectionpurposes.
(B) The marking and labeling of livestock products, poultryproducts, livestock and poultry product containers, or boththe product and containers as:
(i) "Indiana Inspected and Passed" if the products arefound upon inspection to be not adulterated;
(ii) "Indiana Inspected and Condemned" if the products arefound upon inspection to be adulterated; or
(iii) "Not for Sale" if the products are produced under anexemption from inspection.
(C) The destruction for food purposes of all condemnedproducts under the supervision of an inspector.
(3) Prohibit the entry into official establishments of livestockproducts and poultry products not prepared under federalinspection or inspection under this chapter and further limit theentry of the products and other materials into officialestablishments under conditions that the board considersnecessary to effectuate the purposes of this chapter.
(4) Require by rules that when livestock products and poultryproducts leave official establishments, the products beardirectly on the products or on the containers, or both, as theboard requires, all information necessary to prevent a productfrom being misbranded, and that all labeling and containers tobe used for the products when sold or transported in commercebe approved by the board to ensure that the products complywith this chapter.
(5) Investigate the sanitary conditions of each establishment andwithdraw or refuse to provide inspection service at anestablishment where the sanitary conditions are such as to makeadulterated any livestock products or poultry products preparedor handled at the establishment.
(6) Adopt rules concerning sanitation for all establishments,including custom slaughterers or processors, engaged in theslaughtering of livestock or poultry or preparing meat foodproducts or poultry products capable of use as human food.
(7) Require by rules that the following persons keep recordsthat fully and correctly disclose all transactions involving meatfood products and poultry products:
(A) Persons in the business of slaughtering livestock or
poultry or preparing, freezing, packaging, labeling, buying,selling (as dealers, wholesalers, or other similar persons),transporting, or storing any livestock products or poultryproducts for human or animal food.
(B) Persons in business as renderers or in the business ofbuying, selling, or transporting dead, dying, disabled, ordiseased livestock or poultry, or parts of the carcasses ofanimals, including poultry, that died other than by slaughter.
The board shall adopt rules that require persons described underclauses (A) and (B) to give the state veterinarian access to theplaces of business, an opportunity at all reasonable times toexamine the facilities, inventory, and records, an opportunity tocopy the records, and an opportunity to take reasonable samplesof the inventory.
(8) If necessary to permit interstate shipment, enter intoreciprocal agreements with states adjoining Indiana and theUnited States Department of Agriculture concerning theinspection of livestock, poultry, and other animals.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-5
Powers of board or state veterinarian
Sec. 5. To accomplish the purposes in section 1 of this chapter,the board or state veterinarian may do the following:
(1) Remove inspectors from an establishment that:
(A) fails to destroy condemned products as required underthis chapter; or
(B) repeatedly violates this chapter.
(2) Refuse to provide inspection service under this chapter withrespect to an establishment for violations of this chapter andcauses specified in Section 401 of the Federal Meat InspectionAct or Section 18 of the Federal Poultry Products InspectionAct.
(3) Order labeling and containers to be withheld from use if thestate veterinarian determines that the:
(A) labeling is false or misleading; or
(B) containers are unsafe or of a misleading size or form.
(4) Adopt rules, after consultation with the Secretary ofAgriculture of the United States, to prescribe the sizes and styleof type to be used for labeling information required under thischapter and definitions and standards of identity or compositionor standards of fill of container identical with federal standardswhen the board considers this action appropriate for theprotection of the public.
(5) Adopt rules to prescribe conditions of storage and handlingof livestock products and poultry products by persons engagedin the business of buying, selling, freezing, storing, ortransporting the products in commerce to ensure that theproducts will not be adulterated or misbranded when deliveredto the consumer. (6) Require that equines be slaughtered and prepared in separateestablishments from where other livestock are slaughtered orthe products of other livestock are prepared.
(7) Adopt rules to require that every person who is engaged inbusiness in commerce as a dealer, a renderer, a manufacturer offood for animals derived from livestock or poultry carcasses, ora wholesaler or public warehouseman of livestock products orpoultry products, or who is engaged in the business of buying,selling, or transporting in commerce dead, dying, disabled, ordiseased livestock or poultry or parts of the carcasses of suchanimals, including poultry, that died other than by slaughtershall register with the board the person's name and the addressof each place of business and all trade names under which theperson conducts the person's business.
(8) Adopt rules adopting provisions of federal regulations withchanges the board considers appropriate to make the regulationsapplicable to operations and transactions subject to this chapter.
(9) Adopt other rules the board considers necessary for theefficient execution of this chapter, including rules of practiceproviding an opportunity for a hearing in connection withissuance of rules or orders under this chapter and prescribingprocedure for proceedings as provided in IC 4-21.5 and thisarticle. This subdivision and subdivision (8) do not preclude arequirement that a label or container be withheld from use or arequirement for a refusal of inspection under this chapterpending issuance of a final order in a proceeding.
(10) Appoint and prescribe the duties of inspectors and otherpersonnel as the state veterinarian considers necessary for theefficient execution of this chapter.
(11) Cooperate with the Secretary of Agriculture of the UnitedStates in the administration of this chapter to effectuate thepurposes of this chapter, accept federal assistance for thatpurpose, and spend state public funds appropriated for theadministration of this chapter to pay not more than fifty percent(50%) of the estimated total cost of the cooperative program.
(12) Recommend to the Secretary of Agriculture of the UnitedStates for appointment to the advisory committees provided forin the federal acts the officials or employees of the board thatthe board designates.
(13) Serve at the pleasure of the governor as the representativefor consultation with the Secretary of Agriculture of the UnitedStates under Section 301(c) of the federal Meat Inspection Actand Section 5(c) of the federal Poultry Products Inspection Act.
(14) Negotiate agreements with the state or local governmentalagencies providing meat inspections as necessary in the opinionof the board to further the provisions provided in this sectionfor the proper administration of this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-6 Prohibitions regarding livestock and poultry products
Sec. 6. (a) A person may not do the following:
(1) Slaughter livestock or poultry or prepare any meat productsor poultry products that are capable of use as human food forcommerce, except in compliance with this chapter.
(2) Sell, transport, offer for sale or transportation, or receive fortransportation in commerce any meat products or poultryproducts that are:
(A) capable of use as human food and are adulterated ormisbranded; or
(B) required to be inspected under this chapter unless theproducts have been inspected and passed.
(3) With respect to articles that are capable of use as humanfood, perform an act:
(A) while the articles are being transported in commerce orheld for sale after transportation in commerce; and
(B) that is intended to cause or has the effect of causing thearticles to be adulterated or misbranded.
(b) A person may not sell, transport, offer for sale ortransportation, or receive for transportation, in commerce, or from anofficial establishment, slaughtered poultry from which the blood,feathers, feet, head, or viscera have not been removed in accordancewith rules adopted by the board except as authorized by rule.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-7
Transportation of equine carcasses, livestock, poultry not intendedfor human consumption, and carcasses of animals that died otherthan by slaughter.
Sec. 7. (a) A person may not sell, transport, offer for sale ortransportation, or receive for transportation, in commerce, carcassesor parts of carcasses of horses, mules, or other equines or the meat ormeat food products of equines, unless the carcasses are plainly andconspicuously marked or labeled or identified as required by rulesadopted by the board to show the kinds of animals from which thecarcasses were derived.
(b) A person may not buy, sell, transport, offer for sale ortransportation, or receive for transportation, in commerce, livestockproducts or poultry products that are not intended for use as humanfood unless the products are denatured or identified as required bythe rules of the board or are naturally inedible by humans.
(c) A person engaged in the business of buying, selling, ortransporting in commerce, dead, dying, disabled, or diseased animals,or any parts of the carcasses of any animals that died other than byslaughter, may not buy, sell, transport, offer for sale ortransportation, or receive for transportation, in commerce, dead,dying, disabled, or diseased livestock or poultry or the products ofsuch animals that died other than by slaughter unless the transactionor transportation is made in accordance with rules adopted by theboard to ensure that the animals, or the unwholesome parts or
products of the animals, will be prevented from being used forhuman food purposes.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-8
Anesthetic measures before severance of carotid arteries
Sec. 8. The board shall adopt rules governing humane methods tomake livestock or poultry insensible to pain before incision of aninstrument for severance of the carotid arteries. The rules mustconform to the extent applicable to the regulations promulgatedunder the federal Humane Slaughter Act, as amended.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-9
Granting of inspection service
Sec. 9. (a) Before a person may engage in slaughtering livestockor poultry or processing meat or poultry, meat food products, orpoultry products for commerce, the person must apply for, and uponcompliance with this chapter and the rules adopted under thischapter, shall receive from the state veterinarian, inauguration ofinspection service in the establishment where the:
(1) livestock or poultry are to be slaughtered for humanconsumption; or
(2) meat or poultry, meat food products, or poultry products areprocessed or manufactured.
(b) The board shall adopt rules governing the granting ofinspection to the establishments that trade in commerce.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-10
Completion of inspection; reasonable access
Sec. 10. (a) An inspection of products placed in a container at anofficial establishment is not complete until the products are sealed orenclosed in the container under the supervision of an inspector.
(b) For purposes of an inspection of products required by thischapter, inspectors authorized by the state veterinarian shall haveaccess at reasonable times, by day or night, to every part of everyestablishment required to have inspection under this chapter, whetheror not the establishment is operating.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-11
Exemptions from antemortem and postmortem inspectionrequirements
Sec. 11. (a) The board shall exempt the operations of a personfrom antemortem inspection and postmortem inspection and otherrequirements of this chapter if any of the following conditions exist:
(1) To the extent the operations would be exempt from thecorresponding requirements under the federal Meat InspectionAct, Section 23 (21 U.S.C. 623), or the Poultry Products
Inspection Act, Section 14 (21 U.S.C. 464), if the operationswere conducted in or for interstate commerce.
(2) The state is designated under the federal acts as one inwhich the federal requirements apply to commerce in Indiana.
(b) When the operation of an establishment that is exempt undersubsection (a) appears to be a detriment to health and public welfare,the establishment may be brought under this chapter by executiveorder of the state veterinarian issued in compliance with IC 4-21.5.
(c) Livestock and poultry slaughtered according to the ritualrequirements of a religious faith that prescribes a method of slaughterby which the livestock or poultry suffers loss of consciousness byanemia of the brain caused by the simultaneous and instantaneousseverance of the carotid arteries with a sharp instrument is a humanemethod under this chapter. However, livestock must be slaughteredimmediately following total suspension from the floor.
(d) Except as required in an agreement between the United StatesDepartment of Agriculture and the board, a person operating underthe inspection program of the federal acts, as amended, is exemptfrom this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-12
Duty of board to provide inspection service; fee
Sec. 12. (a) Except as provided in subsection (b), the board is notrequired to furnish meat or poultry inspection under this chapter:
(1) for more than eight (8) hours in one (1) day;
(2) for more than forty (40) hours in one (1) calendar week; or
(3) on Saturdays, Sundays, or the following legal holidays:
(A) New Year's Day.
(B) Washington's Birthday.
(C) Memorial Day.
(D) Martin Luther King, Jr. Day.
(E) Columbus Day.
(F) Independence Day.
(G) Labor Day.
(H) Veterans Day.
(I) Thanksgiving Day.
(J) Christmas.
(b) If the operator of an establishment under inspection pays to theboard an hourly fee for each hour of state meat or poultry inspectionfurnished:
(1) more than eight (8) hours in one (1) day;
(2) more than forty (40) hours in one (1) calendar week; or
(3) on Saturdays, Sundays, and legal holidays;
the board shall furnish the inspection service.
(c) Subject to the approval of the budget agency, the board shallestablish an hourly rate for overtime at an amount sufficient to defraythe cost of the inspection service. The establishment shall reimbursethe board not later than thirty (30) days after assessment for overtimeor legal overtime fees collected under this chapter. The fees must be
deposited with the treasurer of state. All overtime fees deposited withthe treasurer of state under this subsection are appropriated to thebudget agency for allotment to the board for the administration andenforcement of this chapter.
(d) The board may assign inspection personnel to more than one(1) establishment in order to efficiently use board personnel andresources.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-13
No inspection for products not intended for use as human food
Sec. 13. Inspection may not be provided under this chapter at anestablishment for the slaughter of livestock or poultry or thepreparation of livestock products or poultry products that are notintended for use as human food. However, the articles must, beforebeing offered for sale or transportation in commerce, unless naturallyinedible by humans, be denatured or identified as prescribed by rulesof the board to deter use for human food.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-14
Inspection of bison, farm raised cervidae, or ratitae
Sec. 14. (a) After passing the postmortem inspection and uponrequest by the owner of a bison, farm raised cervidae, or ratitae, anestablishment shall immediately upon slaughter return to the ownerthe head, hide, horns, and hooves.
(b) The board shall conduct field antemortem inspections ofbison, farm raised cervidae, and ratitae only if a means of expeditiousdelivery of the exsanguinated carcass to an establishment isavailable.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-15
Fee schedule
Sec. 15. The board may establish a schedule of fees for inspectionservices provided under this chapter. The fees must be reasonable butare not required to be equal to the costs of the inspection services.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-16
Prohibition against use of official device, mark, or certificate
Sec. 16. (a) A brand manufacturer, printer, or other person maynot cast, print, lithograph, or otherwise make:
(1) a device containing an official mark or a simulation of anofficial mark or a label bearing the mark or simulation; or
(2) any form of official certificate or simulation of an officialcertificate;
except as authorized by the board.
(b) A person may not do any of the following:
(1) Forge an official device, mark, or certificate. (2) Use an official device, mark, certificate, or a simulation ofan official device, mark, or certificate or alter, detach, deface,or destroy an official device, mark, or certificate withoutauthorization from the board.
(3) Contrary to the rules adopted by the board, fail to use ordetach, deface, or destroy an official device, mark, orcertificate.
(4) Knowingly possess, without promptly notifying the stateveterinarian or the state veterinarian's representative, any of thefollowing:
(A) An official device.
(B) A counterfeit, simulated, forged, or improperly alteredofficial certificate.
(C) A device or label on a carcass of an animal, includingpoultry, or part or product of a carcass, bearing a counterfeit,simulated, forged, or improperly altered official mark.
(5) Knowingly make a false statement in a shipper's certificateor other nonofficial or official certificate provided for in therules adopted by the board.
(6) Knowingly represent that an article has been inspected andpassed or exempted under this chapter when the article has notbeen inspected and passed or exempted.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-17
Violations; penalties
Sec. 17. (a) A person subject to this chapter that has not beenapproved for inspection may not offer for sale meat or poultry, ameat food product, or a poultry product in commerce in Indiana.
(b) The board may take the following actions for a violation ofthis section:
(1) Issue an order of compliance under IC 4-21.5-3-6,IC 4-21.5-3-8, or IC 4-21.5-4.
(2) Levy a civil penalty under IC 4-21.5-3-6.
(3) Both of the actions listed in subdivisions (1) and (2).
(c) The board may, by rules adopted under IC 4-22-2, adopt aschedule of civil penalties that may be levied for violations of thissection. A penalty included in the schedule of civil penalties may notexceed one thousand dollars ($1,000) per violation for each day ofthe violation.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-18
Schedule of slaughter
Sec. 18. If an establishment conducts operations that require aninspection for less than eight (8) hours a day, fewer than five (5) daysa week, or for a period that is different from a normal Mondaythrough Friday, eight (8) hours per day, five (5) days per week workweek, the state veterinarian shall arrange a schedule of slaughter foreach establishment so that proper and efficient antemortem
inspection and postmortem inspection of livestock or poultry isprovided in each establishment while efficiently using inspectionresources among the establishments. The schedule must be arrangedin conference with the recognized establishments involved.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-19
Duties of establishments
Sec. 19. (a) For purposes of this section, references in IC 16-42-1through IC 16-42-4 to:
(1) "state health commissioner" refer to the state veterinarian;and
(2) "department" refer to the board.
(b) An establishment operating under this chapter shall do thefollowing:
(1) Provide information considered necessary by the stateveterinarian to enforce this chapter.
(2) Supply samples of ingredients used in the formulation ofproducts.
(3) Supply samples of products manufactured, processed, orprepared in the establishment for laboratory examination orother examination required by the board to ensure that theproducts comply with this chapter and IC 16-42-1 throughIC 16-42-4.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-20
Detention of livestock or poultry products or animals pendinginvestigation
Sec. 20. (a) For purposes of this section, references in IC 16-42-1through IC 16-42-4 to:
(1) "state health commissioner" refer to the state veterinarian;and
(2) "department" refer to the board.
(b) Whenever:
(1) a:
(A) livestock product;
(B) poultry product;
(C) product exempted from the definition of a livestockproduct and from the definition of a poultry product; or
(D) dead, dying, disabled, or diseased livestock or poultry;
is found by an authorized representative of the board upon anypremises where the product or animal is held for purposes of orduring or after distribution in commerce or is subject to thischapter; and
(2) there is reason to believe that:
(A) the product or animal is adulterated or misbranded andis capable of use as human food;
(B) the product or animal has not been inspected in violationof this chapter, IC 16-42-1 through IC 16-42-4, the federal
Meat Inspection Act (21 U.S.C. 601 et seq.), or the federalFood, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
(C) the product or animal has been or is intended to bedistributed in violation of a law listed under clause (B);
the product or animal may be detained by the representative for notmore than twenty (20) days, pending action under section 21 of thischapter or notification of federal authorities having jurisdiction overthe product or animal, and may not be moved by a person from theplace at which the product or animal is located when the product oranimal is detained until released by the representative.
(c) All official marks may be required by the representative to beremoved from the product or animal before the product or animal isreleased unless it appears to the satisfaction of the state veterinarianthat the product or animal is eligible to retain the official marks.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-21
Procedures for seizure and condemnation of article or animal
Sec. 21. (a) A livestock product, a poultry product, or dead, dying,disabled, or diseased livestock or poultry:
(1) that is:
(A) being transported in commerce;
(B) subject to this chapter; or
(C) held for sale in Indiana after transportation in commerce;and
(2) that:
(A) is or has been prepared, sold, transported, or distributedor offered or received for distribution in violation of thischapter;
(B) is capable of use as human food and is adulterated ormisbranded; or
(C) in any other way is in violation of this chapter;
may be seized and condemned, at any time, on furnishing evidenceof a violation of this chapter in any proper court as provided insection 28 of this chapter within whose jurisdiction the article oranimal is found.
(b) After entry of a decree condemning an article or animal, thearticle or animal must be disposed of by destruction or sale, as thecourt directs.
(c) If the article or animal is sold, the proceeds from the sale, less:
(1) court costs and fees; and
(2) storage and other proper expenses;
must be paid into the state treasury.
(d) The article or animal may not be sold contrary to any of thefollowing:
(1) This chapter.
(2) The federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(3) The federal Poultry Products Inspection Act (21 U.S.C. 451et seq.).
(4) The federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.).
However, upon the execution and delivery of a sufficient agreementconditioned that the article or animal will not be sold or disposed ofcontrary to this chapter, the article or animal may be delivered to theowner of the article or animal subject to supervision by authorizedrepresentatives of the board necessary to ensure compliance with theapplicable laws.
(e) When a decree of condemnation is entered against the articleor animal and the article or animal is released under the agreementor destroyed, court costs, fees, storage, and other proper expensesmust be awarded against the person, if any, intervening as claimantof the article or animal.
(f) The proceedings in cases for condemnation of an article oranimal must conform, as much as possible, to the proceedings inadmiralty, except that either party may demand trial by jury of anyissue of fact joined in any case and all of the proceedings must be atthe suit of and in the name of the state of Indiana.
(g) This section does not derogate from authority forcondemnation or seizure conferred by this chapter or other laws.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-22
Investigatory powers of state veterinarian
Sec. 22. (a) The state veterinarian may do the following:
(1) Investigate, gather, and compile information concerning theorganization, business, conduct, practices, and management ofa person engaged in commerce and the relation of the person toother persons.
(2) Require, by general or special orders, that a person engagedin commerce file with the state veterinarian, in a formprescribed by the state veterinarian, annual or special, or both,reports or answers in writing to specific questions. The personshall furnish to the state veterinarian the information requiredby the state veterinarian concerning the organization, business,conduct, practices, management, and relation to other persons.The reports and answers must be made under oath oraffirmation as the state veterinarian prescribes. The reports andanswers must be filed with the state veterinarian within areasonable period prescribed by the state veterinarian, unlessthe state veterinarian grants additional time.
(b) For purposes of this chapter, the state veterinarian has, at allreasonable times, for the purpose of examination:
(1) access to; and
(2) the right to copy;
any documentary evidence of a person being investigated orproceeded against. The state veterinarian may require by subpoenathe attendance and testimony of witnesses and the production of alldocumentary evidence of a person relating to a matter underinvestigation. The state veterinarian may sign subpoenas. The boardmay sign subpoenas, administer oaths and affirmations, examine
witnesses, and receive evidence.
(c) The attendance of witnesses and the production ofdocumentary evidence may be required at a designated place ofhearing. In case of disobedience to a subpoena, the state veterinarianor board may invoke the aid of any court in requiring the attendanceand testimony of witnesses and the production of documentaryevidence.
(d) A court may, in case of contumacy or refusal to obey asubpoena issued to a person, issue an order requiring the person to:
(1) appear before the state veterinarian or board;
(2) produce documentary evidence; or
(3) give evidence concerning the matter in question.
A failure to obey an order of the court issued under this subsectionmay be punished by the court for contempt.
(e) Upon the application of the attorney general at the request ofthe state veterinarian or board, a court has jurisdiction to issue writsof mandamus commanding a person to comply with this chapter orany order of the state veterinarian or board under this chapter.
(f) The state veterinarian may order testimony to be taken bydeposition in a proceeding or investigation pending under thischapter at any stage of the proceeding or investigation. Thedeposition may be taken before a person who:
(1) is designated by the state veterinarian; and
(2) has power to administer oaths.
The testimony must be reduced to writing by the person taking thedeposition or under the person's direction and must be subscribed bythe deponent. Any person may be compelled to appear and deposeand to produce documentary evidence in the same manner as awitness may be compelled to appear and testify and producedocumentary evidence before the state veterinarian or board.
(g) Witnesses summoned before the state veterinarian or boardshall be paid the same fees and mileage that are paid witnesses inIndiana courts. Witnesses whose depositions are taken and thepersons taking the depositions are entitled to the same fees paid forsimilar services in the courts.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-23
No right against self-incrimination
Sec. 23. (a) A person may not be excused from attending andtestifying or from producing books, papers, schedules of charges,contracts, agreements, or other documentary evidence:
(1) before the state veterinarian or board, or in obedience to asubpoena of the state veterinarian or board, regardless ofwhether the subpoena was signed or issued by the stateveterinarian, the state veterinarian delegate, or board; or
(2) in a cause or proceeding, criminal or civil, based upon orgrowing out of an alleged violation of this chapter;
on the ground that the testimony, evidence, documents, or otherevidence required of the person may tend to incriminate the person
or subject the person to a penalty or forfeiture.
(b) A person may not be prosecuted or subjected to a penalty orforfeiture for or on account of a transaction, matter, or thingconcerning which the person is compelled to testify or producetestimony, evidence, documents, or other evidence after havingclaimed the person's privilege against self-incrimination. However,a person testifying is not exempt from prosecution and punishmentfor perjury.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-24
Failure to obey subpoena or other requirement
Sec. 24. A person who recklessly, knowingly, or intentionally failsto:
(1) attend and testify;
(2) answer a lawful inquiry; or
(3) produce documentary evidence if in the person's power to doso;
in obedience to a subpoena or lawful requirement of the stateveterinarian or board commits a Class A misdemeanor.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-25
Falsifying or interfering with documentary evidence or inspection
Sec. 25. A person who knowingly:
(1) makes a false entry or statement of fact in a report requiredto be made under this chapter or in any account, record, ormemorandum kept by a person subject to this chapter;
(2) fails to make full, true, and correct entries in the accounts,records, or memoranda of all facts and transactions pertainingto the person's business;
(3) removes out of Indiana or damages, alters, or falsifiesdocumentary evidence of a person subject to this chapter; or
(4) refuses to submit to the state veterinarian or board or to thestate veterinarian's or board's authorized agent for the purposeof inspection and taking copies of documentary evidence of aperson subject to this chapter in the person's possession orwithin the person's control;
commits a Class D felony.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-26
Failure to file report; forfeiture after notice of default
Sec. 26. (a) A person who fails to file an annual or a special reportas required by this chapter within the time fixed by the stateveterinarian for filing the report and for thirty (30) days after noticeof default shall forfeit to the state one hundred dollars ($100) foreach day of the continuance of the failure beginning thirty-one (31)days after the notice of default. The forfeiture is payable into thestate treasury and is recoverable in a civil suit in the name of the state
of Indiana brought in the circuit court where the person has theperson's principal office or in any county in which the person doesbusiness.
(b) The prosecuting attorneys, under the direction of the attorneygeneral, shall prosecute for the recovery of forfeitures. The costs andexpenses of prosecution must be paid out of the appropriation for theexpenses of the courts.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-27
Adverse conditions in official establishment
Sec. 27. (a) If a condition exists in an official establishment thatmay adversely affect the wholesomeness of meat, poultry, meat foodproducts, or meat byproducts prepared or processed in the officialestablishment, the state veterinarian may suspend state meat orpoultry inspection until the condition is remedied.
(b) After notice and hearing in compliance with IC 4-21.5, theboard may revoke state meat and poultry inspection from an officialestablishment if the person in authority at the establishmentrepeatedly and persistently fails to comply with this chapter and therules adopted under this chapter.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-28
Powers of state veterinarian or board upon finding of adverseconditions
Sec. 28. (a) This section applies if, upon inspection of anestablishment, the state veterinarian or board finds a condition thatmeets any of the following conditions:
(1) May affect adversely the wholesomeness of meat, poultry,meat food products, meat byproducts, or poultry products.
(2) Is in violation of this chapter or rules adopted under thischapter.
(b) The state veterinarian or board may do either of the following:
(1) Furnish evidence of the violation to the prosecuting attorneyof the judicial circuit in which the violation occurs.
(2) Issue an order to the person in authority at the offendingestablishment to abate the condition or violation within five (5)days or other reasonable time required to abate the condition orviolation. The proceedings to abate must be in accordance withIC 4-21.5.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-29
Notice of violation; right to counsel; hearing
Sec. 29. (a) Before a violation of this chapter is reported by thestate veterinarian or board to a prosecuting attorney for institution ofa criminal proceeding, the person against whom the proceeding iscontemplated must be given an opportunity to be heard and may berepresented by legal counsel. (b) The state veterinarian or board shall give the person ten (10)days notice in writing. The notice must do the following:
(1) Specify the charges for the action.
(2) Set the date, time, and place where the hearing is to be held.
(c) The board or the board's designee shall hold the hearing inIndianapolis.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-30
Interference with official duties
Sec. 30. A person who knowingly and forcibly resists, obstructs,or interferes with another person while the other person is engagedin or on account of the performance of the person's official dutiesunder this chapter commits a Class D felony. However, the offenseis a Class C felony if, while committing the offense, the persondraws or uses a deadly weapon or inflicts bodily injury on any otherperson.
As added by P.L.2-2008, SEC.8.
IC 15-17-5-31
Violations
Sec. 31. (a) Except as otherwise provided, a person whorecklessly violates this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-2008, SEC.8.