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 by
the governor as follows:
(1) One (1) member from the school of veterinary medicine of
Purdue University upon the recommendation of the Purdue
University board of trustees.
(2) Two (2) members, each of whom must:
(A) be a graduate of a veterinary college accredited by the
American Veterinarian Medical Association and licensed
and accredited to practice veterinary medicine and surgery
in Indiana;
(B) have at least five (5) years experience in veterinary
medicine; and
(C) actually be engaged in the general practice of veterinary
medicine during the member's term on the board.
The members appointed under this subdivision may not belong
to 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 cattle
production.
(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 practice
veterinary medicine and surgery in Indiana who has been
licensed and accredited for at least five (5) years.
The members appointed under clauses (A) through (F) must be
producers of livestock or poultry who are engaged in livestock
or poultry production during their service on the board. Not
more than four (4) of the members appointed under this
subdivision may belong to the same political party.
(4) One (1) member who is affiliated with a licensed livestock
market. 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 indirectly
interested as director, officer, salesman, or employee of a person
engaged 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 and
transportation expense as provided by law when engaged in the
member'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) years
beginning on April 1.
(b) A member serves until the member's successor is appointed
and qualified.
(c) Except as provided in subsection (d), a person is not eligible
to serve as a member of the board for more than two (2) consecutive
full terms.
(d) Subsection (c) does not apply to the member appointed from
the school of veterinary medicine at Purdue University under section
2(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) of
this chapter;
expire March 31, 2009, and every four (4) years thereafter.
(c) The terms of:
(1) the member engaged in horse production appointed under
section 2(3) of this chapter; and
(2) the member affiliated with a licensed livestock market
appointed 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) of
this 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 term
of office of a member of the board, the governor shall appoint a
successor. 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 immediately
appoint 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 chairperson
from 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 in
Indianapolis, during January, April, July, and October of each
year; and
(2) may hold special meetings upon the call of the chairperson
or a majority of the members of the board.
(b) Six (6) members of the board constitute a quorum to transact
business. 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 of
diseases and pests affecting the health of animals within and in
transit through Indiana; and
(2) the production, manufacture, processing, and distribution of
products derived from animals;
to control health hazards that may threaten the public health and
welfare 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's
duties 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 also
following version of this section, effective 1-1-2011.
Sec. 13. In addition to the powers and duties given the board in
this article and by law, the board has the powers and duties
reasonable 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 for
establishing and maintaining accredited, certified, validated, or
designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are
monitored for disease or pest syndromes.
(B) The establishment and maintenance of certified or
validated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accredited
tuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for the
prevention, detection, control, and eradication of diseases and
pests of animals.
(4) Control or prohibit, by permit or other means, the movement
and transportation into, out of, or within Indiana of animals and
objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or
prohibitions the board may consider whether animals or objects
are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a
state, an area, or a premises that is known or suspected to
harbor animals or objects infected with or exposed to a disease
or pest of animals.
(5) Control or prohibit the public and private sale of animals
and objects in order to prevent the spread of disease and pests
of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into and
within 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 this
article.
(8) Control the movement of animals and objects to, from, and
within premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals
and objects.
(10) Control the manufacture, sale, storage, distribution,
handling, and use of serums, vaccines, and other biologics and
veterinary drugs, except those drugs for human consumption
regulated under IC 16-42-19, to be used for the prevention,
detection, control, and eradication of disease and pests of
animals.
(11) Control and prescribe the means, methods, and procedures
for the vaccination or other treatment of animals and objects
and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the
identification of animals, objects, premises, and means of
conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under
this article; and
(B) related to classification as to disease, testing,
vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other
determination of value of animals and objects condemned under
this article, the payment of any indemnities that may be
provided for the animals and objects, and the regulation of the
sale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate
departments and agencies of this state, any other state, or the
federal government to prevent, detect, control, and eradicate
diseases and pests of animals.
(16) Control or prohibit the movement and transportation into,
out of, or within Indiana of wild animals, including birds, that
might 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 disease
diagnostic laboratory under IC 21-46-3-1, other laboratories
necessary to make tests of any nature for diseases and pests of
animals.
(19) Investigate, develop, and implement the best methods for
the prevention, detection, control, suppression, or eradication of
diseases and pests of animals.
(20) Investigate, gather, and compile information concerning
the organization, business conduct, practices, and management
of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and
unpermitted activities.
(22) Institute legal action in the name of the state of Indiana
necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of
garbage to be fed to swine or other animals and all matters of
sanitation relating to the collection, transportation, and cooking
of garbage affecting the health of swine or other animals and
affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted
by this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection services
and all matters connected to disposal plants and byproducts
collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of
slaughter as a result of treatment or exposure; and
(B) are found by the board to be or have the potential of
being injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, and
distribution of products derived from animals to control health
hazards 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 from
Indiana.
(29) Cooperate and coordinate with local, state, and federal
emergency management agencies to plan and implement
disaster emergency plans and programs as the plans and
programs relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegations
of cruelty and neglect of animals.
(31) Assist organizations that represent livestock producers with
issues and programs related to the care of livestock.
(32) Establish a registry of commercial dog brokers and
commercial 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 also
preceding version of this section, effective until 1-1-2011.
Sec. 13. In addition to the powers and duties given the board in
this article and by law, the board has the powers and duties
reasonable 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 for
establishing and maintaining accredited, certified, validated, or
designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are
monitored for disease or pest syndromes.
(B) The establishment and maintenance of certified or
validated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accredited
tuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for the
prevention, detection, control, and eradication of diseases and
pests of animals.
(4) Control or prohibit, by permit or other means, the movement
and transportation into, out of, or within Indiana of animals and
objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or
prohibitions, the board may consider whether animals or objects
are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a
state, an area, or a premises that is known or suspected to
harbor animals or objects infected with or exposed to a disease
or pest of animals.
(5) Control or prohibit the public and private sale of animals
and objects in order to prevent the spread of disease and pests
of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into and
within 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 this
article.
(8) Control the movement of animals and objects to, from, and
within premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals
and objects.
(10) Control the manufacture, sale, storage, distribution,
handling, and use of serums, vaccines, and other biologics and
veterinary drugs, except those drugs for human consumption
regulated under IC 16-42-19, to be used for the prevention,
detection, control, and eradication of disease and pests of
animals.
(11) Control and prescribe the means, methods, and procedures
for the vaccination or other treatment of animals and objects
and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the
identification of animals, objects, premises, and means of
conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under
this article; and
(B) related to classification as to disease, testing,
vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other
determination of value of animals and objects condemned under
this article, the payment of any indemnities that may be
provided for the animals and objects, and the regulation of the
sale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate
departments and agencies of this state, any other state, or the
federal government to prevent, detect, control, and eradicate
diseases and pests of animals.
(16) Control or prohibit the movement and transportation into,
out of, or within Indiana of wild animals, including birds, that
might 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 disease
diagnostic laboratory under IC 21-46-3-1, other laboratories
necessary to make tests of any nature for diseases and pests of
animals.
(19) Investigate, develop, and implement the best methods for
the prevention, detection, control, suppression, or eradication of
diseases and pests of animals.
(20) Investigate, gather, and compile information concerning
the organization, business conduct, practices, and management
of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and
unpermitted activities.
(22) Institute legal action in the name of the state of Indiana
necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of
garbage to be fed to swine or other animals and all matters of
sanitation relating to the collection, transportation, and cooking
of garbage affecting the health of swine or other animals and
affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted
by this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection services
and all matters connected to disposal plants and byproducts
collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of
slaughter as a result of treatment or exposure; and
(B) are found by the board to be or have the potential of
being injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, and
distribution of products derived from animals to control health
hazards 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 from
Indiana.
(29) Cooperate and coordinate with local, state, and federal
emergency management agencies to plan and implement
disaster emergency plans and programs as the plans and
programs relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegations
of cruelty and neglect of animals.
(31) Assist organizations that represent livestock and poultry
producers with issues and programs related to the care of
livestock and poultry.
(32) Establish a registry of commercial dog brokers and
commercial 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 the
state 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 any
animals or objects are at the time quartered, including the
location of the carcass of any animal;
to inspect the property, examine the animals or objects, conduct tests
in regard to the presence of diseases or pests of animals and the
possible cause and sources of the disease or pest, and perform any
other 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 respect
to any animal or progeny of any animal, object, or means of
conveyance 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 in
accordance with a quarantine or condition imposed under this
article, a rule adopted under this article, or an order issued
under this article; or
(3) determines must be acted upon to prevent the dissemination
of 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 or
another board member authorized by the board, may do the following
to accomplish the board's objectives:
(1) Subpoena and bring before the board any person in this state
to take testimony either orally or by deposition or by exhibit,
with the same fees and mileage, and in the same manner as
prescribed by law in judicial procedure in civil cases in the
circuit courts of Indiana.
(2) Subpoena and order any person to provide to board
personnel for inspection and copying records, photographs, and
any other type of document or data compilation, or to allow
access for inspection, copying, testing, sampling, analysis, or
treatment to any tangible thing, including animals, carcasses of
animals, animal feed, and meat, dairy, and other human food
products. 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 witnesses
at 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 a
prescribed form:
(1) annual, periodic, or special reports; or
(2) answers, in writing, to specific questions;
to provide information concerning the business conduct of the
licensee or permittee and the practices and management of the
business of the licensee or permittee as the practices and
management relate to other persons in the same business.
(b) The board may require that the reports and answers under this
section be made under oath and filed within a reasonable time if the
requirements 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, in
whole or in part, federal laws, including regulations adopted by
agencies of the United States that are necessary or helpful in
fulfilling the board's duties under this article. The board may
cooperate with the authorities of the United States government
within 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 other
resources from sources other than the state if:
(1) the resources are awarded for the pursuit of a specific
objective that the board is authorized to accomplish under this
article or that the board is qualified to accomplish by reason of
the board's jurisdiction or professional expertise;
(2) the resources are expended for the pursuit of the objective
for which the resources are awarded;
(3) activities connected with or occasioned by the expenditure
of the resources do not interfere with or impair the performance
of the board's duties and responsibilities and do not conflict
with the exercise of the board's powers and duties under this
article;
(4) monetary resources are kept in separate accounts in the state
treasury; and
(5) reports of the board's receipt and use of the resources are
prepared 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 are
reasonable and necessary to discharge the duties imposed on the
board by law and to implement this article, IC 15-18-1, and
IC 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 adopt
by rule a different definition of "herd" to advance a disease control
program or objective.
(b) Notwithstanding IC 15-17-2-64(5), the board may adopt rules
concerning livestock products that are not in containers to establish
the circumstances under which those products are not considered
misbranded.
(c) Notwithstanding IC 15-17-2-64(5)(B), the board may adopt
rules concerning small containers to establish variations or
exemptions from label quantity statements under which the
containers are not considered misbranded.
(d) Notwithstanding IC 15-17-2-64(9)(B), the board shall adopt
rules to establish exemptions for product labels that do not bear the
common or usual name of each ingredient in a product fabricated
from at least two (2) ingredients under which the products are not
considered misbranded if listing the common or usual name of each
ingredient is impracticable or results in deception or unfair
competition.
(e) Notwithstanding IC 15-17-2-64(11), the board shall adopt
rules to establish exemptions for products that contain artificial
flavoring, artificial coloring, or a chemical preservative under which
the products are not considered misbranded if the products do not
bear a label stating that the products contain those substances if
stating 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 standards
governing the care of livestock and poultry. The board shall consider
the 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.
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 by
the governor as follows:
(1) One (1) member from the school of veterinary medicine of
Purdue University upon the recommendation of the Purdue
University board of trustees.
(2) Two (2) members, each of whom must:
(A) be a graduate of a veterinary college accredited by the
American Veterinarian Medical Association and licensed
and accredited to practice veterinary medicine and surgery
in Indiana;
(B) have at least five (5) years experience in veterinary
medicine; and
(C) actually be engaged in the general practice of veterinary
medicine during the member's term on the board.
The members appointed under this subdivision may not belong
to 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 cattle
production.
(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 practice
veterinary medicine and surgery in Indiana who has been
licensed and accredited for at least five (5) years.
The members appointed under clauses (A) through (F) must be
producers of livestock or poultry who are engaged in livestock
or poultry production during their service on the board. Not
more than four (4) of the members appointed under this
subdivision may belong to the same political party.
(4) One (1) member who is affiliated with a licensed livestock
market. 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 indirectly
interested as director, officer, salesman, or employee of a person
engaged 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 and
transportation expense as provided by law when engaged in the
member'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) years
beginning on April 1.
(b) A member serves until the member's successor is appointed
and qualified.
(c) Except as provided in subsection (d), a person is not eligible
to serve as a member of the board for more than two (2) consecutive
full terms.
(d) Subsection (c) does not apply to the member appointed from
the school of veterinary medicine at Purdue University under section
2(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) of
this chapter;
expire March 31, 2009, and every four (4) years thereafter.
(c) The terms of:
(1) the member engaged in horse production appointed under
section 2(3) of this chapter; and
(2) the member affiliated with a licensed livestock market
appointed 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) of
this 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 term
of office of a member of the board, the governor shall appoint a
successor. 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 immediately
appoint 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 chairperson
from 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 in
Indianapolis, during January, April, July, and October of each
year; and
(2) may hold special meetings upon the call of the chairperson
or a majority of the members of the board.
(b) Six (6) members of the board constitute a quorum to transact
business. 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 of
diseases and pests affecting the health of animals within and in
transit through Indiana; and
(2) the production, manufacture, processing, and distribution of
products derived from animals;
to control health hazards that may threaten the public health and
welfare 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's
duties 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 also
following version of this section, effective 1-1-2011.
Sec. 13. In addition to the powers and duties given the board in
this article and by law, the board has the powers and duties
reasonable 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 for
establishing and maintaining accredited, certified, validated, or
designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are
monitored for disease or pest syndromes.
(B) The establishment and maintenance of certified or
validated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accredited
tuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for the
prevention, detection, control, and eradication of diseases and
pests of animals.
(4) Control or prohibit, by permit or other means, the movement
and transportation into, out of, or within Indiana of animals and
objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or
prohibitions the board may consider whether animals or objects
are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a
state, an area, or a premises that is known or suspected to
harbor animals or objects infected with or exposed to a disease
or pest of animals.
(5) Control or prohibit the public and private sale of animals
and objects in order to prevent the spread of disease and pests
of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into and
within 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 this
article.
(8) Control the movement of animals and objects to, from, and
within premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals
and objects.
(10) Control the manufacture, sale, storage, distribution,
handling, and use of serums, vaccines, and other biologics and
veterinary drugs, except those drugs for human consumption
regulated under IC 16-42-19, to be used for the prevention,
detection, control, and eradication of disease and pests of
animals.
(11) Control and prescribe the means, methods, and procedures
for the vaccination or other treatment of animals and objects
and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the
identification of animals, objects, premises, and means of
conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under
this article; and
(B) related to classification as to disease, testing,
vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other
determination of value of animals and objects condemned under
this article, the payment of any indemnities that may be
provided for the animals and objects, and the regulation of the
sale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate
departments and agencies of this state, any other state, or the
federal government to prevent, detect, control, and eradicate
diseases and pests of animals.
(16) Control or prohibit the movement and transportation into,
out of, or within Indiana of wild animals, including birds, that
might 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 disease
diagnostic laboratory under IC 21-46-3-1, other laboratories
necessary to make tests of any nature for diseases and pests of
animals.
(19) Investigate, develop, and implement the best methods for
the prevention, detection, control, suppression, or eradication of
diseases and pests of animals.
(20) Investigate, gather, and compile information concerning
the organization, business conduct, practices, and management
of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and
unpermitted activities.
(22) Institute legal action in the name of the state of Indiana
necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of
garbage to be fed to swine or other animals and all matters of
sanitation relating to the collection, transportation, and cooking
of garbage affecting the health of swine or other animals and
affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted
by this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection services
and all matters connected to disposal plants and byproducts
collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of
slaughter as a result of treatment or exposure; and
(B) are found by the board to be or have the potential of
being injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, and
distribution of products derived from animals to control health
hazards 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 from
Indiana.
(29) Cooperate and coordinate with local, state, and federal
emergency management agencies to plan and implement
disaster emergency plans and programs as the plans and
programs relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegations
of cruelty and neglect of animals.
(31) Assist organizations that represent livestock producers with
issues and programs related to the care of livestock.
(32) Establish a registry of commercial dog brokers and
commercial 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 also
preceding version of this section, effective until 1-1-2011.
Sec. 13. In addition to the powers and duties given the board in
this article and by law, the board has the powers and duties
reasonable 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 for
establishing and maintaining accredited, certified, validated, or
designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are
monitored for disease or pest syndromes.
(B) The establishment and maintenance of certified or
validated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accredited
tuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for the
prevention, detection, control, and eradication of diseases and
pests of animals.
(4) Control or prohibit, by permit or other means, the movement
and transportation into, out of, or within Indiana of animals and
objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or
prohibitions, the board may consider whether animals or objects
are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a
state, an area, or a premises that is known or suspected to
harbor animals or objects infected with or exposed to a disease
or pest of animals.
(5) Control or prohibit the public and private sale of animals
and objects in order to prevent the spread of disease and pests
of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into and
within 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 this
article.
(8) Control the movement of animals and objects to, from, and
within premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals
and objects.
(10) Control the manufacture, sale, storage, distribution,
handling, and use of serums, vaccines, and other biologics and
veterinary drugs, except those drugs for human consumption
regulated under IC 16-42-19, to be used for the prevention,
detection, control, and eradication of disease and pests of
animals.
(11) Control and prescribe the means, methods, and procedures
for the vaccination or other treatment of animals and objects
and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the
identification of animals, objects, premises, and means of
conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under
this article; and
(B) related to classification as to disease, testing,
vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other
determination of value of animals and objects condemned under
this article, the payment of any indemnities that may be
provided for the animals and objects, and the regulation of the
sale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate
departments and agencies of this state, any other state, or the
federal government to prevent, detect, control, and eradicate
diseases and pests of animals.
(16) Control or prohibit the movement and transportation into,
out of, or within Indiana of wild animals, including birds, that
might 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 disease
diagnostic laboratory under IC 21-46-3-1, other laboratories
necessary to make tests of any nature for diseases and pests of
animals.
(19) Investigate, develop, and implement the best methods for
the prevention, detection, control, suppression, or eradication of
diseases and pests of animals.
(20) Investigate, gather, and compile information concerning
the organization, business conduct, practices, and management
of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and
unpermitted activities.
(22) Institute legal action in the name of the state of Indiana
necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of
garbage to be fed to swine or other animals and all matters of
sanitation relating to the collection, transportation, and cooking
of garbage affecting the health of swine or other animals and
affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted
by this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection services
and all matters connected to disposal plants and byproducts
collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of
slaughter as a result of treatment or exposure; and
(B) are found by the board to be or have the potential of
being injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, and
distribution of products derived from animals to control health
hazards 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 from
Indiana.
(29) Cooperate and coordinate with local, state, and federal
emergency management agencies to plan and implement
disaster emergency plans and programs as the plans and
programs relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegations
of cruelty and neglect of animals.
(31) Assist organizations that represent livestock and poultry
producers with issues and programs related to the care of
livestock and poultry.
(32) Establish a registry of commercial dog brokers and
commercial 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 the
state 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 any
animals or objects are at the time quartered, including the
location of the carcass of any animal;
to inspect the property, examine the animals or objects, conduct tests
in regard to the presence of diseases or pests of animals and the
possible cause and sources of the disease or pest, and perform any
other 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 respect
to any animal or progeny of any animal, object, or means of
conveyance 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 in
accordance with a quarantine or condition imposed under this
article, a rule adopted under this article, or an order issued
under this article; or
(3) determines must be acted upon to prevent the dissemination
of 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 or
another board member authorized by the board, may do the following
to accomplish the board's objectives:
(1) Subpoena and bring before the board any person in this state
to take testimony either orally or by deposition or by exhibit,
with the same fees and mileage, and in the same manner as
prescribed by law in judicial procedure in civil cases in the
circuit courts of Indiana.
(2) Subpoena and order any person to provide to board
personnel for inspection and copying records, photographs, and
any other type of document or data compilation, or to allow
access for inspection, copying, testing, sampling, analysis, or
treatment to any tangible thing, including animals, carcasses of
animals, animal feed, and meat, dairy, and other human food
products. 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 witnesses
at 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 a
prescribed form:
(1) annual, periodic, or special reports; or
(2) answers, in writing, to specific questions;
to provide information concerning the business conduct of the
licensee or permittee and the practices and management of the
business of the licensee or permittee as the practices and
management relate to other persons in the same business.
(b) The board may require that the reports and answers under this
section be made under oath and filed within a reasonable time if the
requirements 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, in
whole or in part, federal laws, including regulations adopted by
agencies of the United States that are necessary or helpful in
fulfilling the board's duties under this article. The board may
cooperate with the authorities of the United States government
within 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 other
resources from sources other than the state if:
(1) the resources are awarded for the pursuit of a specific
objective that the board is authorized to accomplish under this
article or that the board is qualified to accomplish by reason of
the board's jurisdiction or professional expertise;
(2) the resources are expended for the pursuit of the objective
for which the resources are awarded;
(3) activities connected with or occasioned by the expenditure
of the resources do not interfere with or impair the performance
of the board's duties and responsibilities and do not conflict
with the exercise of the board's powers and duties under this
article;
(4) monetary resources are kept in separate accounts in the state
treasury; and
(5) reports of the board's receipt and use of the resources are
prepared 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 are
reasonable and necessary to discharge the duties imposed on the
board by law and to implement this article, IC 15-18-1, and
IC 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 adopt
by rule a different definition of "herd" to advance a disease control
program or objective.
(b) Notwithstanding IC 15-17-2-64(5), the board may adopt rules
concerning livestock products that are not in containers to establish
the circumstances under which those products are not considered
misbranded.
(c) Notwithstanding IC 15-17-2-64(5)(B), the board may adopt
rules concerning small containers to establish variations or
exemptions from label quantity statements under which the
containers are not considered misbranded.
(d) Notwithstanding IC 15-17-2-64(9)(B), the board shall adopt
rules to establish exemptions for product labels that do not bear the
common or usual name of each ingredient in a product fabricated
from at least two (2) ingredients under which the products are not
considered misbranded if listing the common or usual name of each
ingredient is impracticable or results in deception or unfair
competition.
(e) Notwithstanding IC 15-17-2-64(11), the board shall adopt
rules to establish exemptions for products that contain artificial
flavoring, artificial coloring, or a chemical preservative under which
the products are not considered misbranded if the products do not
bear a label stating that the products contain those substances if
stating 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 standards
governing the care of livestock and poultry. The board shall consider
the 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.
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 by
the governor as follows:
(1) One (1) member from the school of veterinary medicine of
Purdue University upon the recommendation of the Purdue
University board of trustees.
(2) Two (2) members, each of whom must:
(A) be a graduate of a veterinary college accredited by the
American Veterinarian Medical Association and licensed
and accredited to practice veterinary medicine and surgery
in Indiana;
(B) have at least five (5) years experience in veterinary
medicine; and
(C) actually be engaged in the general practice of veterinary
medicine during the member's term on the board.
The members appointed under this subdivision may not belong
to 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 cattle
production.
(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 practice
veterinary medicine and surgery in Indiana who has been
licensed and accredited for at least five (5) years.
The members appointed under clauses (A) through (F) must be
producers of livestock or poultry who are engaged in livestock
or poultry production during their service on the board. Not
more than four (4) of the members appointed under this
subdivision may belong to the same political party.
(4) One (1) member who is affiliated with a licensed livestock
market. 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 indirectly
interested as director, officer, salesman, or employee of a person
engaged 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 and
transportation expense as provided by law when engaged in the
member'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) years
beginning on April 1.
(b) A member serves until the member's successor is appointed
and qualified.
(c) Except as provided in subsection (d), a person is not eligible
to serve as a member of the board for more than two (2) consecutive
full terms.
(d) Subsection (c) does not apply to the member appointed from
the school of veterinary medicine at Purdue University under section
2(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) of
this chapter;
expire March 31, 2009, and every four (4) years thereafter.
(c) The terms of:
(1) the member engaged in horse production appointed under
section 2(3) of this chapter; and
(2) the member affiliated with a licensed livestock market
appointed 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) of
this 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 term
of office of a member of the board, the governor shall appoint a
successor. 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 immediately
appoint 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 chairperson
from 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 in
Indianapolis, during January, April, July, and October of each
year; and
(2) may hold special meetings upon the call of the chairperson
or a majority of the members of the board.
(b) Six (6) members of the board constitute a quorum to transact
business. 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 of
diseases and pests affecting the health of animals within and in
transit through Indiana; and
(2) the production, manufacture, processing, and distribution of
products derived from animals;
to control health hazards that may threaten the public health and
welfare 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's
duties 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 also
following version of this section, effective 1-1-2011.
Sec. 13. In addition to the powers and duties given the board in
this article and by law, the board has the powers and duties
reasonable 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 for
establishing and maintaining accredited, certified, validated, or
designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are
monitored for disease or pest syndromes.
(B) The establishment and maintenance of certified or
validated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accredited
tuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for the
prevention, detection, control, and eradication of diseases and
pests of animals.
(4) Control or prohibit, by permit or other means, the movement
and transportation into, out of, or within Indiana of animals and
objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or
prohibitions the board may consider whether animals or objects
are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a
state, an area, or a premises that is known or suspected to
harbor animals or objects infected with or exposed to a disease
or pest of animals.
(5) Control or prohibit the public and private sale of animals
and objects in order to prevent the spread of disease and pests
of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into and
within 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 this
article.
(8) Control the movement of animals and objects to, from, and
within premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals
and objects.
(10) Control the manufacture, sale, storage, distribution,
handling, and use of serums, vaccines, and other biologics and
veterinary drugs, except those drugs for human consumption
regulated under IC 16-42-19, to be used for the prevention,
detection, control, and eradication of disease and pests of
animals.
(11) Control and prescribe the means, methods, and procedures
for the vaccination or other treatment of animals and objects
and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the
identification of animals, objects, premises, and means of
conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under
this article; and
(B) related to classification as to disease, testing,
vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other
determination of value of animals and objects condemned under
this article, the payment of any indemnities that may be
provided for the animals and objects, and the regulation of the
sale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate
departments and agencies of this state, any other state, or the
federal government to prevent, detect, control, and eradicate
diseases and pests of animals.
(16) Control or prohibit the movement and transportation into,
out of, or within Indiana of wild animals, including birds, that
might 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 disease
diagnostic laboratory under IC 21-46-3-1, other laboratories
necessary to make tests of any nature for diseases and pests of
animals.
(19) Investigate, develop, and implement the best methods for
the prevention, detection, control, suppression, or eradication of
diseases and pests of animals.
(20) Investigate, gather, and compile information concerning
the organization, business conduct, practices, and management
of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and
unpermitted activities.
(22) Institute legal action in the name of the state of Indiana
necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of
garbage to be fed to swine or other animals and all matters of
sanitation relating to the collection, transportation, and cooking
of garbage affecting the health of swine or other animals and
affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted
by this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection services
and all matters connected to disposal plants and byproducts
collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of
slaughter as a result of treatment or exposure; and
(B) are found by the board to be or have the potential of
being injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, and
distribution of products derived from animals to control health
hazards 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 from
Indiana.
(29) Cooperate and coordinate with local, state, and federal
emergency management agencies to plan and implement
disaster emergency plans and programs as the plans and
programs relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegations
of cruelty and neglect of animals.
(31) Assist organizations that represent livestock producers with
issues and programs related to the care of livestock.
(32) Establish a registry of commercial dog brokers and
commercial 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 also
preceding version of this section, effective until 1-1-2011.
Sec. 13. In addition to the powers and duties given the board in
this article and by law, the board has the powers and duties
reasonable 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 for
establishing and maintaining accredited, certified, validated, or
designated disease or pest free or disease or pest monitored
animals, herds, flocks, or areas, including the following:
(A) The establishment and maintenance of herds that are
monitored for disease or pest syndromes.
(B) The establishment and maintenance of certified or
validated brucellosis free herds, animals, and areas.
(C) The establishment and maintenance of accredited
tuberculosis free herds, animals, and areas.
(3) Develop, adopt, and implement programs and plans for the
prevention, detection, control, and eradication of diseases and
pests of animals.
(4) Control or prohibit, by permit or other means, the movement
and transportation into, out of, or within Indiana of animals and
objects in order to prevent, detect, control, or eradicate diseases
and pests of animals. When implementing controls or
prohibitions, the board may consider whether animals or objects
are diseased, suspected to be diseased, or under quarantine, or
whether the animals or objects originated from a country, a
state, an area, or a premises that is known or suspected to
harbor animals or objects infected with or exposed to a disease
or pest of animals.
(5) Control or prohibit the public and private sale of animals
and objects in order to prevent the spread of disease and pests
of animals.
(6) Control the use, sanitation, and disinfection of:
(A) public stockyards; and
(B) vehicles used to transport animals and objects into and
within 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 this
article.
(8) Control the movement of animals and objects to, from, and
within premises where diseases or pests of animals may exist.
(9) Control the movement and disposal of carcasses of animals
and objects.
(10) Control the manufacture, sale, storage, distribution,
handling, and use of serums, vaccines, and other biologics and
veterinary drugs, except those drugs for human consumption
regulated under IC 16-42-19, to be used for the prevention,
detection, control, and eradication of disease and pests of
animals.
(11) Control and prescribe the means, methods, and procedures
for the vaccination or other treatment of animals and objects
and the conduct of tests for diseases and pests of animals.
(12) Develop, adopt, and implement plans and programs for the
identification of animals, objects, premises, and means of
conveyances. Plans and programs may include identification:
(A) of animals or objects that have been condemned under
this article; and
(B) related to classification as to disease, testing,
vaccination, or treatment status.
(13) Establish the terms and method of appraisal or other
determination of value of animals and objects condemned under
this article, the payment of any indemnities that may be
provided for the animals and objects, and the regulation of the
sale or other disposition of the animals or objects.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate
departments and agencies of this state, any other state, or the
federal government to prevent, detect, control, and eradicate
diseases and pests of animals.
(16) Control or prohibit the movement and transportation into,
out of, or within Indiana of wild animals, including birds, that
might 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 disease
diagnostic laboratory under IC 21-46-3-1, other laboratories
necessary to make tests of any nature for diseases and pests of
animals.
(19) Investigate, develop, and implement the best methods for
the prevention, detection, control, suppression, or eradication of
diseases and pests of animals.
(20) Investigate, gather, and compile information concerning
the organization, business conduct, practices, and management
of any registrant, licensee, permittee, applicant for a license, or
applicant for a permit.
(21) Investigate allegations of unregistered, unlicensed, and
unpermitted activities.
(22) Institute legal action in the name of the state of Indiana
necessary to enforce:
(A) the board's orders and rules; and
(B) this article.
(23) Control the collection, transportation, and cooking of
garbage to be fed to swine or other animals and all matters of
sanitation relating to the collection, transportation, and cooking
of garbage affecting the health of swine or other animals and
affecting public health and comfort.
(24) Adopt an appropriate seal.
(25) Issue orders as an aid to enforcement of the powers granted
by this article, IC 15-18-1, and IC 15-19-6.
(26) Control disposal plants and byproducts collection services
and all matters connected to disposal plants and byproducts
collection services.
(27) Abate biological or chemical substances that:
(A) remain in or on any animal before or at the time of
slaughter as a result of treatment or exposure; and
(B) are found by the board to be or have the potential of
being injurious to the health of animals or humans.
(28) Regulate the production, manufacture, processing, and
distribution of products derived from animals to control health
hazards 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 from
Indiana.
(29) Cooperate and coordinate with local, state, and federal
emergency management agencies to plan and implement
disaster emergency plans and programs as the plans and
programs relate to animals in Indiana.
(30) Assist law enforcement agencies investigating allegations
of cruelty and neglect of animals.
(31) Assist organizations that represent livestock and poultry
producers with issues and programs related to the care of
livestock and poultry.
(32) Establish a registry of commercial dog brokers and
commercial 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 the
state 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 any
animals or objects are at the time quartered, including the
location of the carcass of any animal;
to inspect the property, examine the animals or objects, conduct tests
in regard to the presence of diseases or pests of animals and the
possible cause and sources of the disease or pest, and perform any
other 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 respect
to any animal or progeny of any animal, object, or means of
conveyance 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 in
accordance with a quarantine or condition imposed under this
article, a rule adopted under this article, or an order issued
under this article; or
(3) determines must be acted upon to prevent the dissemination
of 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 or
another board member authorized by the board, may do the following
to accomplish the board's objectives:
(1) Subpoena and bring before the board any person in this state
to take testimony either orally or by deposition or by exhibit,
with the same fees and mileage, and in the same manner as
prescribed by law in judicial procedure in civil cases in the
circuit courts of Indiana.
(2) Subpoena and order any person to provide to board
personnel for inspection and copying records, photographs, and
any other type of document or data compilation, or to allow
access for inspection, copying, testing, sampling, analysis, or
treatment to any tangible thing, including animals, carcasses of
animals, animal feed, and meat, dairy, and other human food
products. 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 witnesses
at 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 a
prescribed form:
(1) annual, periodic, or special reports; or
(2) answers, in writing, to specific questions;
to provide information concerning the business conduct of the
licensee or permittee and the practices and management of the
business of the licensee or permittee as the practices and
management relate to other persons in the same business.
(b) The board may require that the reports and answers under this
section be made under oath and filed within a reasonable time if the
requirements 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, in
whole or in part, federal laws, including regulations adopted by
agencies of the United States that are necessary or helpful in
fulfilling the board's duties under this article. The board may
cooperate with the authorities of the United States government
within 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 other
resources from sources other than the state if:
(1) the resources are awarded for the pursuit of a specific
objective that the board is authorized to accomplish under this
article or that the board is qualified to accomplish by reason of
the board's jurisdiction or professional expertise;
(2) the resources are expended for the pursuit of the objective
for which the resources are awarded;
(3) activities connected with or occasioned by the expenditure
of the resources do not interfere with or impair the performance
of the board's duties and responsibilities and do not conflict
with the exercise of the board's powers and duties under this
article;
(4) monetary resources are kept in separate accounts in the state
treasury; and
(5) reports of the board's receipt and use of the resources are
prepared 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 are
reasonable and necessary to discharge the duties imposed on the
board by law and to implement this article, IC 15-18-1, and
IC 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 adopt
by rule a different definition of "herd" to advance a disease control
program or objective.
(b) Notwithstanding IC 15-17-2-64(5), the board may adopt rules
concerning livestock products that are not in containers to establish
the circumstances under which those products are not considered
misbranded.
(c) Notwithstanding IC 15-17-2-64(5)(B), the board may adopt
rules concerning small containers to establish variations or
exemptions from label quantity statements under which the
containers are not considered misbranded.
(d) Notwithstanding IC 15-17-2-64(9)(B), the board shall adopt
rules to establish exemptions for product labels that do not bear the
common or usual name of each ingredient in a product fabricated
from at least two (2) ingredients under which the products are not
considered misbranded if listing the common or usual name of each
ingredient is impracticable or results in deception or unfair
competition.
(e) Notwithstanding IC 15-17-2-64(11), the board shall adopt
rules to establish exemptions for products that contain artificial
flavoring, artificial coloring, or a chemical preservative under which
the products are not considered misbranded if the products do not
bear a label stating that the products contain those substances if
stating 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 standards
governing the care of livestock and poultry. The board shall consider
the 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.
