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TITLE 345 INDIANA STATE BOARD OF ANIMAL HEALTH

Final Rule
LSA Document #08-126(F)

DIGEST

Amends 345 IAC 9-2.1-1 and 345 IAC 10-2.1-1 to update federal regulations incorporated by reference. Makes other changes in the law of meat and poultry inspection. Effective 30 days after filing with the Publisher.



SECTION 1. 345 IAC 9-2.1-1 IS AMENDED TO READ AS FOLLOWS:

345 IAC 9-2.1-1 Incorporation by reference

Authority: IC 15-17


Sec. 1. (a) The board adopts as its rule and incorporates by reference the following federal regulations in effect on January 1, 2005: 2008:
(1) 9 CFR 301, except the definitions in IC 15-2.1 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008.] and 345 IAC 9-1-3 shall control over conflicting definitions in 9 CFR.
(2) 9 CFR 303 through 9 CFR 311, except the following are not incorporated:
(A) 9 CFR 303.1(c), 9 CFR 303.1(g), and 9 CFR 303.2.
(B) 9 CFR 306.1.
(C) 9 CFR 307.4, 9 CFR 307.5, and 9 CFR 307.6.
(D) 9 CFR 308.
(3) 9 CFR 313 through 9 CFR 320, except 9 CFR 317.4 and 9 CFR 317.5.
(4) 9 CFR 325.
(5) 9 CFR 416 through 9 CFR 441.
(6) 9 CFR 500, except the following:
(A) References to the Uniform Rules of Practice, 7 CFR Subtitle A, Part 1, Subpart H, shall mean IC 15-2.1-19 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-17-17.] and IC 4-21.5-3.
(B) References to adulterated or misbranded product shall refer to products adulterated or misbranded as defined in IC 15-2.1-2 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-17-2.].

(b) When interpreting this article, including all matters incorporated by reference, the following shall apply:
(1) A reference to any subpart of 9 CFR 302 refers to the corresponding section of 345 IAC 9-2.
(2) A reference to:
(A) 9 CFR 307.4 shall refer to 345 IAC 9-7-4;
(B) 9 CFR 307.5 shall refer to 345 IAC 9-7-6; and
(C) 9 CFR 307.6 shall refer to 345 IAC 9-7-6.
(3) A reference to any subpart of 9 CFR 312 refers to the corresponding section of 345 IAC 9-12.
(4) A reference to:
(A) 9 CFR 316.16 shall refer to 345 IAC 9-16-16;
(B) 9 CFR 317.4 shall refer to 345 IAC 9-17-4;
(C) 9 CFR 317.5 shall refer to 345 IAC 9-17-5; and
(D) 9 CFR 317.16 shall refer to 345 IAC 9-17-16.
(5) A reference to:
(A) 9 CFR 321.1 shall refer to 345 IAC 9-20; and
(B) 9 CFR 321.2 shall refer to 345 IAC 9-20.
(6) A reference to any subpart of 9 CFR 329 shall refer to the corresponding section in 345 IAC 9-22.

(c) Where the provisions of this article conflict with matters incorporated by reference, the express provisions of this article shall control.
(Indiana State Board of Animal Health; 345 IAC 9-2.1-1; filed Dec 10, 1997, 11:30 a.m.: 21 IR 1301; filed Sep 10, 1999, 9:14 a.m.: 23 IR 14; filed Oct 30, 2000, 2:06 p.m.: 24 IR 678; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; filed Dec 19, 2002, 12:43 p.m.: 26 IR 1540; filed Jul 14, 2004, 9:25 a.m.: 27 IR 3982; filed Jan 5, 2006, 8:00 a.m.: 29 IR 1552; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; filed Aug 11, 2008, 3:39 p.m.: 20080910-IR-345080126FRA)


SECTION 2. 345 IAC 10-2.1-1 IS AMENDED TO READ AS FOLLOWS:

345 IAC 10-2.1-1 Incorporation by reference; poultry products inspection

Authority: IC 15-17
Affected: IC 4-21.5-3; IC 15-17


Sec. 1. (a) The board adopts as its rule and incorporates by reference the following federal regulations in effect on January 1, 2005, relating to poultry products inspection: 2008:
(1) 9 CFR Part 362 with the following amendments and additions:
(A) 9 CFR 362.4(a)(2), 9 CFR 362.4(b)(2), 9 CFR 362.4(c), 9 CFR 362.4(d), and 9 CFR 362.5 are not incorporated.
(B) Fees for voluntary inspection service shall be charged in accordance with IC 15-2.1-24-14(c) [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-17-5-12.].
(C) The state veterinarian may refuse to provide or withdraw voluntary inspection service for administrative reasons, including nonavailability of personnel and failure to pay for service.
(2) 9 CFR 381.1, except the definitions in IC 15-2.1 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008.] and 345 IAC 10-1-1 shall control over conflicting definitions in 9 CFR.
(3) 9 CFR 381.10 with the following amendments and additions:
(A) 9 CFR 381.10(d)(2)(i) shall be amended by deleting the word "unless" and the remaining part of the sentence that follows that word.
(B) A person operating a facility engaged in exempt operations described in 9 CFR 381.10(a)(4) through 9 CFR 381.10(a)(7) and 9 CFR 381.10(b) through 9 CFR 381.10(c) shall comply with the registration and record keeping requirements in 9 CFR 381.175 through 9 CFR 381.182.
(4) 9 CFR 381.11 through 9 CFR 381.95, except the following are not incorporated:
(A) 9 CFR 381.36.
(B) 9 CFR 381.37.
(C) 9 CFR 381.38.
(D) 9 CFR 381.39.
(5) 9 CFR 381.115 through 9 CFR 381.182, except the following are not incorporated:
(A) 9 CFR 381.132.
(B) 9 CFR 381.133.
(6) 9 CFR 381.189 through 9 CFR 381.194.
(7) 9 CFR 381.300 through 9 CFR 381.500.
(8) 9 CFR 416 through 9 CFR 441.
(9) 9 CFR 500, except the following:
(A) References to Uniform Rules of Practice, 7 CFR Subtitle A, Part 1, Subpart H shall mean IC 15-2.1-19 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-17-17.] and IC 4-21.5-3.
(B) References to adulterated or misbranded product shall refer to products adulterated or misbranded as defined in IC 15-2.1-2 [IC 15-2.1 was repealed by P.L.2-2008, SECTION 83, effective July 1, 2008. See IC 15-17-2.].

(b) When interpreting this article, including all matters incorporated by reference, the following shall apply:
(1) References to 9 CFR 381.3 through 9 CFR 381.7 refer to the corresponding section in 345 IAC 10-2.
(2) References to:
(A) 9 CFR 381.36 refer to 345 IAC 10-7-1;
(B) 9 CFR 381.37 refer to 345 IAC 10-7-2 and 345 IAC 10-7-3; and
(C) 9 CFR 381.38 and 9 CFR 381.39 refer to 345 IAC 10-7-4.
(3) References to:
(A) 9 CFR 381.96 refer to 345 IAC 10-13-1;
(B) 9 CFR 381.98 refer to 345 IAC 10-13-2;
(C) 9 CFR 381.99 refer to 345 IAC 10-13-3;
(D) 9 CFR 381.100 refer to 345 IAC 10-13-4;
(E) 9 CFR 381.101 refer to 345 IAC 10-13-5;
(F) 9 CFR 381.103 refer to 345 IAC 10-13-6;
(G) 9 CFR 381.110 refer to 345 IAC 10-13-7; and
(H) 9 CFR 381.111 refer to 345 IAC 10-13-8.
(4) References to 9 CFR 381.131, 9 CFR 381.132, and 9 CFR 381.133 refer to 345 IAC 10-14-18 and 345 IAC 10-14-20.
(5) References to:
(A) 9 CFR 381.185 refer to 345 IAC 10-18-1; and
(B) 9 CFR 381.186 refer to 345 IAC 10-18-2.
(6) References to 9 CFR 381.210 through 9 CFR 381.218 refer to the corresponding section of 345 IAC 10-20.

(c) Where the provisions of this article conflict with matters incorporated by reference, the express provisions of this article shall control.
(Indiana State Board of Animal Health; 345 IAC 10-2.1-1; filed Dec 10, 1997, 11:30 a.m.: 21 IR 1319; errata filed Mar 9, 1998, 9:30 a.m.: 21 IR 2393; filed Sep 10, 1999, 9:14 a.m.: 23 IR 16; filed Oct 30, 2000, 2:06 p.m.: 24 IR 685; errata filed Apr 9, 2001, 12:52 p.m.: 24 IR 2470; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; filed Dec 19, 2002, 12:43 p.m.: 26 IR 1541; filed Dec 16, 2004, 1:30 p.m.: 28 IR 1474; filed Jan 5, 2006, 8:00 a.m.: 29 IR 1554; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; filed Aug 11, 2008, 3:39 p.m.: 20080910-IR-345080126FRA)


LSA Document #08-126(F)
Notice of Intent: 20080312-IR-345080126NIA
Proposed Rule: 20080423-IR-345080126PRA
Hearing Held: July 10, 2008
Approved by Attorney General: August 5, 2008
Approved by Governor: August 11, 2008
Filed with Publisher: August 11, 2008, 3:39 p.m.
Documents Incorporated by Reference: 9 CFR, January 1, 2008
Small Business Regulatory Coordinator: Gary L. Haynes, Director of Legal Affairs, Indiana State Board of Animal Health, 805 Beachway Drive, Suite 50, Indianapolis, IN 46224, (317) 227-0300, ghaynes@boah.state.in.us

Posted: 09/10/2008 by Legislative Services Agency

DIN: 20080910-IR-345080126FRA
Composed: May 01,2024 12:08:33AM EDT
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