15-2.1-2-4 "Approved official health certificate" defined
"Approved official health certificate" means an official health certificate or certificate of veterinary inspection bearing the approval of the chief livestock sanitary official of the state of origin.
15-2.1-2-32 "Official health certificate" defined
"Official health certificate" means a certificate of veterinary inspection.
15-2.1-3-11 Duties, generally
The board shall have general supervision of the prevention, suppression, control, and eradication of infectious, contagious and communicable diseases affecting the health of animals within and in transit through the state and the production, manufacture, and processsing and distribution of products derived from animals to control health hazards that may threaten the public health and welfare of the citizens of Indiana..
15-2.1-3-12 Powers, generally
The board shall possess all powers necessary to fulfill its duties as prescribed in this article.
15-2.1-3-13 Powers and duties
In addition to the powers and duties given the board elsewhere in this article and otherwise by law, the board shall have the powers and duties as are reasonable and necessary to do the following:
(1) Provide for the quarantine of animals affected with or that have been exposed to an infectious, contagious, or communicable disease.
(2) Provide for and control the establishment and maintenance of accredited, certified, validated, or otherwise designated disease free or disease monitored herds, flocks, or areas, including but not limited to the following:
(A) The control and accreditation of herds that are free of disease syndromes.
(B) The establishment and maintenance of certified or validated brucellosis free herds and areas.
(C) The establishment and maintenance of accredited tuberculosis free herds and areas.
(D) The establishment and maintenance of validated, monitored, certified, or other disease statuses for herds and areas.
(3) Provide programs and plans for the prevention, control, and eradication of infectious, contagious, or communicable diseases in animals.
(4) Control or prohibit the movement and transportation into, out of, or within the state, of animals and the products of animals that are diseased, suspected to be diseased, or under quarantine, or that originate from a country, state, or other area that is known to harbor animals infected with a disease.
(5) Control the public and private sale of animals in order to prevent the spread of disease.
(6) Control the sanitation and disinfection of public stockyards and the sanitation and disinfection of vehicles used as public carriers for the transportation of animals into and within the state.
(7) Control the sanitation and disinfection of the premises, buildings, sheds, lots, and other places or enclosures where diseased animals have been confined.
(8) Control the movement of animals to and from premises where infectious, contagious, or communicable diseases exist or of material that may carry or spread disease.
(9) Control the disposal of carcasses of animals.
(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, control, and eradication of disease in animals.
(11) Prescribe the means, methods, and procedures for and otherwise control the vaccination and the conduct of tests for disease of animals.
(12) Provide for the identification of animals that have been condemned for slaughter under provisions of this article, and for the identification of animals that have and have not satisfactorily passed tests established for detecting the presence of an infectious, contagious, or communicable disease.
(13) Establish the terms and method of appraisal of animals condemned for slaughter under provisions of this article, the payment of any indemnities that may be provided for such animals, and the regulation of the sale of such animals.
(14) Control the sale of baby chicks.
(15) Cooperate and enter into agreements with the appropriate departments and agencies of this state, of any other state, or of the federal government for the purpose of preventing, controlling, and eradicating infectious, contagious, and communicable diseases of animals.
(16) Control or prohibit the movement and transportation into, out of, or within the state, of wild animals or birds that might carry or disseminate diseases to animals or birds in Indiana.
(17) Provide for condemning or abating conditions causative of disease in animals.
(18) Establish and designate, in addition to the disease testing service laboratory at Purdue University, other laboratories as may be necessary to make tests of any nature for disease.
(19) Cause investigations to be made as to the best methods for the prevention, control, suppression, or eradication of contagious, infectious, or communicable diseases affecting animals.
(20) Investigate, gather, and compile information concerning the organization, business conduct, practices, and management of any licensee, permittee, applicant for a license, or applicant for a permit.
(21) Institute legal action in the name of the state of Indiana as is necessary to enforce its orders and regulations and the provisions of this article.
(22) Control the collection, transportation, and cooking of garbage to be fed to swine and all matters of sanitation relating thereto affecting the health of swine or affecting public health and comfort.
(23) Adopt an appropriate seal.
(24) Issue orders as an aid to enforcement of the powers granted it by this article.
(25) Control disposal plants and byproducts collection services and all matters connected thereto.
(26) 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.
(27) Regulate 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 and the trade in animals and animal products in and from Indiana.
(28) Cooperate and coordinate with local, state, and federal emergency management agencies to plan and implement disaster emergency plans and programs as they relate to animals in Indiana.
(29) Assist law enforcement agencies investigating allegations of cruelty and neglect of animals.
(30) Assist organizations that represent livestock producers with issues and programs related to the care of livestock.
15-2.1-3-13.5 Delegation of duties to state veterinarian
The board may delegate any of its duties to the state veterinarian, except the following:
(1) The duty to supervise the state veterinarian.
(2) The duty to hold hearings in accordance with this article and IC 4- 21.5.
(3) The duty to adopt rules.
15-2.1-3-14 Inspections; powers to enter private and public property
The board or its agent may make sanitary inspections and surveys in all parts of this state, and shall have the right to enter upon any public or private property where any animals are at the time quartered, or wherever the carcass of any animal may be, for the purpose of inspecting such property, examining such animals, conducting tests in regard to the presence of an infectious, contagious, or communicable disease of animals and the possible cause and sources of such disease, and for performing any other function authorized by this article.
15-2.1-3-15 Subpoena power
The board, over the signature of the chairman 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 or persons in this state and 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 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.
15-2.1-3-16 Power to administer oaths
Power to Administer Oaths. Any authorized agent of the board may administer oaths to witnesses at any hearing which the board is authorized by law to conduct.
The board may require, by general or special order, licensees and permittees under this article to file with the board, in such form as may be prescribed, annual, periodic, or special reports or answers, in writing, to specific questions for the purpose of furnishing information concerning the business conduct of the licensee or permittee, the practices and management of the business of the licensee or permittee as it relates to other persons in the same business; further, the board may require that the reports and answers be made under oath and filed within a reasonable period of time if such requirements are deemed essential by the board.
15-2.1-3-18 Federal laws, rules and regulations; effect
The board may, in behalf of the state, accept or adopt, in whole or in part, federal laws, including rules and 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 this state in enforcing state and federal laws.
15-2.1-3-19 Adoption of rules necessary to discharge duties
In accordance with the Indiana laws concerning the establishment and adoption of rules, the board shall adopt rules that are reasonable and necessary to discharge the duties imposed on it by law and otherwise to implement the provisions of this article and IC 15-5-14.
15-2.1-3-21 Allowable adoptions of rules
(a) Notwithstanding IC 15-2.1-2-21.2, the board may adopt by rule a different definition of "herd" in order to advance a disease control program or objective.
(b) Notwithstanding IC 15-2.1-2-29.7(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 15-2.1-2-29.7(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 15-2.1-2-29.7(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 15-2.1-2-29.7(11), the board shall adopt rules to establish exemptions for products that bear or contain artificial flavoring, artificial coloring, or a chemical preservative under which the products are not considered misbranded if the products do not bear or contain a label stating that the products bear those substances if stating that fact is impracticable.
Amended in 2001.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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