CHAPTER 7. COMMERCIAL FEED
IC 15-19-7
Chapter 7. Commercial Feed
IC 15-19-7-1
"Brand"
Sec. 1. As used in this chapter, "brand name" means a word,name, symbol, or device or any combination of words, names,symbols, or devices that identifies the commercial feed of adistributor and distinguishes it from that of other distributors.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-2
"Commercial feed"
Sec. 2. As used in this chapter, "commercial feed" means allmaterials that are distributed for use as feed or for mixing in feed.The term does not include the following unless adulterated within themeaning of section 29(1) of this chapter:
(1) Unmixed whole seeds.
(2) Unmixed, physically altered whole seeds that have not beenchemically altered.
(3) Commodities, compounds, or substances excluded by rulesadopted by the state chemist under IC 4-22-2 in accordance withsection 34 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-3
"Custom mixed feed"
Sec. 3. As used in this chapter, "custom mixed feed" meanscommercial feed that consists of a mixture of commercial feeds orfeed ingredients, each batch of which is mixed to meet the request ofthe final purchaser that the mixture contain a specific content ofingredients, nutrients, or nonnutritive additives.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-4
"Distribute"
Sec. 4. As used in this chapter, "distribute" means to offer forsale, sell, exchange, barter, or otherwise supply a commercial feed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-5
"Distributor"
Sec. 5. As used in this chapter, "distributor" means a person whodistributes.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-6
"Drug"
Sec. 6. As used in this chapter, "drug" means:
(1) an article intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in animals other thanhumans; or
(2) an article other than feed intended to affect the structure orany function of the animal body.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-7
"Feed ingredient"
Sec. 7. As used in this chapter, "feed ingredient" means each ofthe constituent materials making up a commercial feed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-8
"Label"
Sec. 8. As used in this chapter, "label" means a display of written,printed, or graphic matter upon or affixed to the container in whicha commercial feed is distributed or on the invoice or delivery slipwith which a commercial feed is distributed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-9
"Labeling"
Sec. 9. As used in this chapter, "labeling" means all labels andother written, printed, or graphic matter:
(1) upon a commercial feed or its containers or wrappers; or
(2) accompanying a commercial feed.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-10
"Manufacture"
Sec. 10. As used in this chapter, "manufacture" means to grind,mix, blend, or further process a commercial feed for distribution.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-11
"Mineral feed"
Sec. 11. As used in this chapter, "mineral feed" means acommercial feed, the primary purpose of which is to supply mineralelements and inorganic nutrients.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-12
"Official sample"
Sec. 12. As used in this chapter, "official sample" means a sampleof feed taken by the state chemist or the chemist's agent inaccordance with section 35(c) or 36 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-13
"Percent" Sec. 13. As used in this chapter, "percent" or "percentage" meanspercentage by weight.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-14
"Person"
Sec. 14. As used in this chapter, "person" includes individuals,partnerships, limited liability companies, corporations, andassociations.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-15
"Pet"
Sec. 15. As used in this chapter, "pet" means a domesticatedanimal normally maintained in or near the household of its owner.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-16
"Pet food"
Sec. 16. As used in this chapter, "pet food" means a commercialfeed prepared and distributed for consumption by dogs or cats.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-17
"Product name"
Sec. 17. As used in this chapter, "product name" means the nameof the commercial feed that identifies it as to kind, class, or specificuse.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-18
"Specialty pet"
Sec. 18. As used in this chapter, "specialty pet" means adomesticated animal normally maintained in a cage or tank,including a gerbil, hamster, bird, fish, and turtle.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-19
"Specialty pet food"
Sec. 19. As used in this chapter, "specialty pet food" means acommercial feed prepared and distributed for consumption byspecialty pets.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-20
"Ton"
Sec. 20. As used in this chapter, "ton" means a net weight of twothousand (2,000) pounds avoirdupois.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-21
Administration of chapter
Sec. 21. This chapter shall be administered by the state chemist.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-22
Cooperation with state, federal, or private agencies
Sec. 22. The state chemist may cooperate with and enter intoagreements with governmental agencies of this state, other states,agencies of the federal government, and private associations in orderto carry out this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-23
Publication and distribution of information on commercial feed
Sec. 23. The state chemist shall publish at least annually, in aform that the state chemist considers proper:
(1) information concerning the distribution of commercialfeeds, together with data on their production and use that thestate chemist considers advisable; and
(2) a report of the results of the analyses of official samples ofcommercial feeds distributed within Indiana.
However, the information concerning production and use ofcommercial feed may not disclose the operations of any person.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-24
Distributors; commercial feed licenses
Sec. 24. (a) A person who manufactures a commercial feed orwhose name appears on the label of a commercial feed may notdistribute the commercial feed in Indiana without a commercial feedlicense issued by the state chemist on a form provided by the statechemist.
(b) An out-of-state distributor may not cause a commercial feedto be distributed in Indiana without a commercial feed license issuedby the state chemist on a form provided by the state chemist.
(c) A commercial feed license is issued for a calendar year andexpires December 31 of the year for which the license was issued.Commercial feed license fees are as follows:
(1) The filing fee for a new or renewal license is fifty dollars($50).
(2) A late filing fee of fifty dollars ($50) shall be added to thefiling fee for renewing a commercial feed license if theapplication for renewal is received after January 16.
(d) The form and content of commercial feed license applicationsshall be established by rules adopted by the state chemist underIC 4-22-2, in accordance with section 34 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-25 Refusal or cancellation of commercial feed license
Sec. 25. The state chemist may refuse an application for acommercial feed license that does not comply with this chapter andmay cancel a commercial feed license that is not in compliance withthis chapter. However, a commercial feed license may not be refusedor canceled unless the applicant or licensee has been given anopportunity to be heard before the state chemist and to amend theapplicant's or licensee's application in order to comply with thischapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-26
Commercial feed label information
Sec. 26. A commercial feed, except a custom mixed feed, must beaccompanied by a label bearing the following information:
(1) The net weight.
(2) The product name and the brand name, if any, under whichthe commercial feed is distributed.
(3) The guaranteed analysis stated in the terms that the statechemist, by rule, determines are required to advise the user ofthe composition of the feed or to support claims made in thelabeling. In all cases the substances or elements must bedeterminable by laboratory methods such as the methodspublished by AOAC International.
(4) The common or usual name of each ingredient used in themanufacture of the commercial feed. However, the statechemist, by rule, may:
(A) permit the use of a collective term for a group ofingredients that perform a similar function; or
(B) exempt a commercial feed or group of commercial feedsfrom the requirement for an ingredient statement if the statechemist finds that such a statement is not required in theinterest of consumers.
(5) The name and principal mailing address of the manufactureror the person responsible for distributing the commercial feed.
(6) Adequate directions for use for:
(A) commercial feeds containing drugs; and
(B) other feeds that the state chemist requires by rule asnecessary for their safe and effective use.
(7) Precautionary statements that the state chemist by ruledetermines are necessary for the safe and effective use of thecommercial feed.
As added by P.L.2-2008, SEC.10. Amended by P.L.120-2008,SEC.88.
IC 15-19-7-27
Custom mixed feed label information
Sec. 27. Custom mixed feed must be accompanied by a label,invoice, delivery slip, or other shipping document bearing thefollowing information: (1) Name and address of the manufacturer.
(2) Name and address of the purchaser.
(3) Date of delivery.
(4) The product name and brand name, if any, and the netweight of each commercial feed used in the mixture, and thecommon or usual name and net weight of each other ingredientused, and the specific content, stated in terms as required insection 26 of this chapter, of any nutrients and nonnutritiveadditives added at the request of the purchaser.
(5) Adequate directions for use for:
(A) custom mixed feeds containing drugs; and
(B) other feeds that the state chemist requires by rule asnecessary for their safe and effective use.
(6) Precautionary statements that the state chemist by ruledetermines are necessary for the safe and effective use of thecustom mixed feed.
As added by P.L.2-2008, SEC.10. Amended by P.L.120-2008,SEC.89.
IC 15-19-7-28
Misbranding of commercial feed
Sec. 28. A commercial feed is considered misbranded if any of thefollowing conditions exist:
(1) Its labeling is false or misleading in any particular.
(2) It is distributed under the name of another commercial feed.
(3) It is not labeled as required by section 26 or 27 of thischapter.
(4) It appears to be or is represented as a commercial feed, or itappears to contain or is represented as containing a commercialfeed ingredient, unless the commercial feed or feed ingredientconforms to the definition, if any, prescribed by rule by the statechemist.
(5) Any word, statement, or other information required by orunder authority of this chapter to appear on the label or labelingis not prominently placed on the label or labeling with sufficientconspicuousness (as compared with other words, statements,designs, or devices in the labeling) and in sufficient terms as torender it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-29
Adulteration of commercial feed
Sec. 29. A commercial feed is considered adulterated if it meetsany of the following conditions:
(1) It contains a poisonous or deleterious substance that mayrender it injurious to health. However, if the substance is not anadded substance, the commercial feed is not considered to beadulterated under this subdivision if the quantity of thesubstance in the commercial feed does not ordinarily render it
injurious to health.
(2) It contains an added poisonous, added deleterious, or addednonnutritive substance that is unsafe within the meaning ofSection 406 of the federal Food, Drug, and Cosmetic Act (21U.S.C. 346) other than one that is:
(A) a pesticide chemical in or on a raw agriculturalcommodity; or
(B) a food additive.
(3) It is, or it contains, a food additive that is unsafe within themeaning of Section 409 of the federal Food, Drug, andCosmetic Act (21 U.S.C. 348).
(4) It is a raw agricultural commodity and it contains a pesticidechemical that is unsafe within the meaning of Section 408(a) ofthe federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(a)).However, if a pesticide chemical has been used in or on a rawagricultural commodity in conformity with an exemptiongranted or a tolerance prescribed under Section 408 of thefederal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) and theraw agricultural commodity has been subjected to processing,such as canning, cooking, freezing, dehydrating, or milling, theresidue of the pesticide chemical remaining in or on theprocessed feed is not considered unsafe if:
(A) the residue in or on the raw agricultural commodity hasbeen removed to the extent possible in good manufacturingpractice;
(B) the concentration of the residue in the processed feed isnot greater than the tolerance prescribed for the rawagricultural commodity; and
(C) the feeding of the processed feed will not result, or is notlikely to result, in a pesticide residue in the edible product ofthe animal that is unsafe within the meaning of Section408(a) of the federal Food, Drug, and Cosmetic Act (21U.S.C. 346a(a)).
(5) It is, or it contains, a color additive that is unsafe within themeaning of Section 706 of the federal Food, Drug, andCosmetic Act (21 U.S.C. 379e).
(6) It is, or it contains, an animal drug that is unsafe within themeaning of Section 512 of the federal Food, Drug, andCosmetic Act (21 U.S.C. 360b).
(7) If any valuable constituent has been in whole or in partomitted or removed from the commercial feed or any lessvaluable substance has been substituted for a valuableconstituent.
(8) Its composition or quality falls below or differs from thatwhich it is purported or is represented to possess by its labeling.
(9) It contains a drug and the methods used in or the facilitiesor controls used for its manufacture, processing, or packagingdo not conform to current good manufacturing practice rulesadopted by the state chemist to ensure that the drug:
(A) meets the requirement of this chapter as to safety; and (B) has the identity and strength, and meets the quality andpurity characteristics that it is represented to possess.
In adopting these rules, the state chemist shall adopt the currentgood manufacturing practice regulations for medicated feedpremixes and for medicated feeds established under authorityof the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 etseq.), unless the state chemist determines that they are notappropriate to the conditions that exist in Indiana.
(10) It contains viable weed seeds in amounts exceeding thelimits the state chemist establishes by rule.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-30
Inspection fee
Sec. 30. (a) A distributor shall pay to the state chemist aninspection fee at the rate of forty cents ($0.40) per ton on allcommercial feeds shipped into or within Indiana, subject to thefollowing:
(1) No fee shall be paid on a commercial feed if the paymenthas been made by a previous distributor.
(2) No fee shall be paid on a custom mixed feed if theinspection fee has been paid on all of the commercial feeds thatare ingredients of the custom mixed feed.
(3) On commercial feeds that contain ingredients on which theinspection fee has already been paid, credit shall be given forthat payment.
(4) The minimum inspection fee is five dollars ($5) per quarterif a quarterly feed tonnage report is required under section 31of this chapter.
(b) In the case of a pet food or a specialty pet food that isdistributed in Indiana in packages of ten (10) pounds or less, anannual inspection fee of fifty dollars ($50) shall be paid instead ofthe tonnage inspection fee specified in subsection (a).
As added by P.L.2-2008, SEC.10.
IC 15-19-7-31
Quarterly tonnage reports
Sec. 31. (a) Except as provided in subsection (b), a distributorwho is liable for the payment of the tonnage inspection fee undersection 30 of this chapter shall file quarterly tonnage reports settingforth the number of net tons of commercial feeds distributed inIndiana during the preceding calendar quarter. The distributor shallfile the reports not later than January 31, April 30, July 31, andOctober 31 of each year. Upon filing a report, the distributor shallpay the inspection fee at the rate stated in section 30 of this chapter.Inspection fees that are due and owing and have not been remitted tothe state chemist within fifteen (15) days after the due date shall beincreased by a penalty fee of ten percent (10%) of the amount due orfifty dollars ($50), whichever is greater. The assessment of thispenalty fee does not prevent the state chemist from taking other
actions under this chapter.
(b) A resident of Indiana who only manufactures and distributescustom mixed commercial feeds and has met the requirements ofsection 30 of this chapter is exempt from filing quarterly feedtonnage reports.
(c) A distributor who is subject to the inspection fees for smallpackaged pet and specialty pet foods distributed in containers of ten(10) pounds or less under section 30 of this chapter shall do thefollowing:
(1) Before beginning distribution, file with the state chemist alisting of small packaged pet and specialty pet foods to bedistributed in Indiana in containers of ten (10) pounds or less,on forms provided by the state chemist. The listing under thissubdivision shall be renewed annually before January 1 of eachyear and is the basis for the payment of the annual inspectionfee of fifty dollars ($50) per product. New products addedduring the year must be submitted to the state chemist as asupplement to the annual listing before distribution.
(2) If the annual renewal of the listing is not received beforeJanuary 16 or if an unlisted product is distributed, pay a latefiling fee of ten dollars ($10) per product in addition to thenormal charge for the listing. The late filing fee under thissubdivision is in addition to any other penalty under thischapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-32
Records; cancellation of commercial feed license
Sec. 32. (a) Each person required to pay an inspection fee or toreport under this chapter shall keep records that are necessary orrequired by the state chemist to accurately indicate the tonnage ofcommercial feed or the number of small packaged pet and specialtypet products distributed in Indiana. The state chemist or the statechemist's agent may examine the records to verify statements oftonnage.
(b) Failure to:
(1) make an accurate statement of tonnage;
(2) make an accurate listing of small packaged pet or specialtypet products;
(3) pay the inspection fee; or
(4) accurately report any of the information required to besubmitted under this chapter;
is sufficient cause to cancel the commercial feed license of theperson who fails to act or falsifies information under this subsection.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-33
Disposition of fees
Sec. 33. (a) Fees collected by the state chemist under this chaptershall be paid to the treasurer of Purdue University. The board of
trustees of Purdue University shall expend the money received underthis section on proper vouchers in meeting all necessary expenses incarrying out this chapter, including:
(1) the employment of inspectors and chemists;
(2) other expenses of the work of feed inspection as providedfor by this chapter; and
(3) any other expenses of Purdue University agriculturalprograms authorized by law and in support of the purposes ofthis chapter.
(b) Excess funds from the collection of fees under this chapter aresubject to IC 15-16-2-36.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-34
Rules and regulations
Sec. 34. (a) Subject to subsection (b), and in the manner providedby IC 4-22-2, the state chemist may adopt:
(1) rules for commercial feeds and pet foods as specificallyauthorized in this chapter; and
(2) other reasonable rules necessary for the efficientenforcement of this chapter.
(b) In the interest of uniformity, the state chemist shall adopt thefollowing by rule unless the state chemist determines that thefollowing are inconsistent with this chapter or are not appropriate toconditions that exist in Indiana:
(1) The official definitions of feed ingredients and official feedterms adopted by the Association of American Feed ControlOfficials and published in the official publication of thatorganization.
(2) Any regulation promulgated under the federal Food, Drug,and Cosmetic Act (21 U.S.C. 301 et seq.) if the state chemistwould have the authority under this chapter to adopt such a rule.
(c) The state chemist may adopt rules under IC 4-22-2 to excludefrom the definition of "commercial feed" commodities, such as hay,straw, stover, silage, cobs, husks, hulls, and individual chemicalcompounds or substances when the commodities, compounds, orsubstances are not intermixed or mixed with other materials.
(d) The state chemist may adopt rules under IC 4-22-2 to requirecopies of labels and labeling.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-35
Inspection of factories, warehouses, or establishments; notice ofinspection
Sec. 35. (a) Upon presenting appropriate credentials and a writtennotice to the owner, operator, or agent in charge, officers oremployees designated by the state chemist may:
(1) during normal business hours, enter:
(A) a factory, warehouse, or establishment in Indiana inwhich commercial feeds are manufactured, processed,
packed, or held for distribution; and
(B) a vehicle being used to transport or hold commercialfeeds; and
(2) at reasonable times, within reasonable limits, and in areasonable manner, inspect such a factory, warehouse,establishment, or vehicle and all pertinent equipment, finishedand unfinished materials, containers, and labeling;
to enforce this chapter and to determine compliance with thischapter, including whether or not any operations are subject to thischapter. In determining compliance with good manufacturingpractice rules adopted under section 29(9) of this chapter, theinspection may include the verification of only the records andproduction and control procedures necessary to determinecompliance with those rules.
(b) A separate notice shall be given for each inspection, but anotice is not required for each entry made during the period coveredby the inspection. Each inspection must begin and be completed withreasonable promptness. The person in charge of the facility orvehicle shall be notified upon completion of the inspection.
(c) An officer or employee who inspects a factory, warehouse, orother establishment and obtains a sample in the course of theinspection shall, upon completion of the inspection and beforeleaving the premises, give to the owner, operator, or agent in chargea receipt describing the samples obtained.
(d) The state chemist shall forward the results of analyses ofofficial samples to the person named on the label and to the personin whose possession the sample was taken. If the inspection andanalysis of an official sample indicates a commercial feed has beenadulterated or misbranded, and upon request within thirty (30) daysfollowing receipt of the analysis, the state chemist shall furnish to theregistrant a portion of the sample concerned.
(e) The state chemist, in determining for administrative purposeswhether a commercial feed is deficient in any component, shall beguided by the official sample obtained and analyzed as provided forin subsection (c) and section 36 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-36
Sampling and analysis
Sec. 36. (a) For the purpose of the enforcement of this chapter, thestate chemist or the state chemist's agent may enter upon any publicor private premises, including any vehicle of transport, during regularbusiness hours to have access to, and to obtain samples and examinerecords relating to distribution of commercial feeds.
(b) Sampling and analysis under this chapter shall be conductedin accordance with methods published by AOAC International or inaccordance with other generally recognized methods.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-37 Warrants
Sec. 37. If the owner of a factory, warehouse, or establishmentdescribed in section 35(a) of this chapter or the owner's agent refusesto admit the state chemist or the state chemist's agent to inspect inaccordance with section 35(a) and 35(b) of this chapter, the statechemist may obtain from any state court a warrant directing theowner or the owner's agent to submit the premises described in thewarrant to inspection.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-38
"Stop sale or withdrawal from distribution" order
Sec. 38. If the state chemist or the state chemist's agent hasreasonable cause to believe that a lot of commercial feed is beingdistributed in violation of this chapter or a rule adopted under thischapter, the state chemist or agent may issue and enforce a written orprinted "stop sale or withdrawal from distribution" order, warningthe distributor not to dispose of the lot of commercial feed in anymanner until written permission is given by the state chemist or acourt. The state chemist shall release the lot of commercial feedwhen the distributor has complied with this chapter and the rulesadopted under this chapter. If compliance is not obtained withinthirty (30) days, the state chemist may begin, or upon request of thedistributor or licensee shall begin, proceedings for condemnationunder section 39 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-39
Seizure of commercial feed on complaint of director; courtprocedure
Sec. 39. A lot of commercial feed that is not in compliance withthis chapter or a rule adopted under this chapter is subject to seizureon complaint of the state chemist to a court with jurisdiction in thecounty in which the commercial feed is located. If the court finds thecommercial feed is in violation of this chapter and orders thecondemnation of the commercial feed, the commercial feed shall bedisposed of in any manner consistent with the quality of thecommercial feed and the laws of Indiana. However, the dispositionof the commercial feed may not be ordered by the court without firstgiving the claimant an opportunity to apply to the court for release ofthe commercial feed or for permission to process or relabel thecommercial feed to bring it into compliance with this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-40
Prohibited acts
Sec. 40. A person commits a Class C infraction if the personknowingly engages in any of the following:
(1) The manufacture or distribution of a commercial feed thatis adulterated or misbranded. (2) The adulteration or misbranding of a commercial feed.
(3) The distribution of agricultural commodities, such as wholeseed, hay, straw, stover, silage, cobs, husks, and hulls, that areadulterated within the meaning of section 29(1) of this chapter.
(4) The removal or disposal of a commercial feed in violationof an order under section 38 or 39 of this chapter.
(5) The failure to obtain a commercial feed license undersection 24 of this chapter.
(6) The failure to pay inspection fees or file reports as requiredby section 30 or 31 of this chapter.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-41
Hindering performance of duty
Sec. 41. A person who impedes, hinders, or otherwise prevents thestate chemist or the state chemist's agent in performance of the statechemist's duty under this chapter commits a Class C infraction.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-42
Discretion of director or representative regarding certain penalties
Sec. 42. This chapter does not require the state chemist or thestate chemist's agent to:
(1) report for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution order;
as a result of minor violations of the chapter if the state chemist orthe state chemist's agent believes the public interest will best beserved by suitable notice of warning in writing.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-43
Prosecuting attorneys; duties
Sec. 43. A prosecuting attorney to whom a violation of thischapter or a rule adopted under this chapter is reported shall considerthe institution and prosecution of appropriate proceedings in a courtwith jurisdiction without delay. However, before the state chemistreports a violation for prosecution, the state chemist shall give anopportunity to the distributor to present the distributor's view to thestate chemist.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-44
Temporary or permanent injunction
Sec. 44. The state chemist may apply for and the appropriate courtmay grant a temporary or permanent injunction restraining anyperson from violating or continuing to violate this chapter or a ruleadopted under this chapter, notwithstanding the existence of otherremedies at law. The injunction may be issued without bond.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-45
Judicial review
Sec. 45. A person adversely affected by an act, an order, or aruling made under this chapter, other than the penalty provisions ofthis chapter, may not later than forty-five (45) days after the date ofthe act, order, or ruling bring an action in a court with jurisdiction forjudicial review. The proceeding must be brought under IC 4-21.5 or,if IC 4-21.5 is inadequate, the proceeding must be brought as anapplicable legal action, including an action for declaratory judgmentor as a prohibitory or mandatory injunction.
As added by P.L.2-2008, SEC.10.
IC 15-19-7-46
Confidential information; disclosure; violation
Sec. 46. A person who recklessly uses to the person's ownadvantage or recklessly reveals to persons other than the statechemist, an agent of the state chemist, or to the courts when relevantin any judicial proceeding any information acquired under thischapter concerning any method, records, formulations, or processesentitled to protection as a trade secret commits a Class Bmisdemeanor. However, this does not prohibit the state chemist orthe state chemist's agent from exchanging information of a regulatorynature with officials of the United States government or of otherstates who are also prohibited by law from revealing protectedinformation.
As added by P.L.2-2008, SEC.10.