TITLE 345 INDIANA STATE BOARD OF ANIMAL HEALTH
Proposed Rule
LSA Document #16-220
DIGEST
Amends 345 IAC 9-2.1-1 to change the incorporation by reference from January 1, 2013, to January 1, 2016. Amends 345 IAC 9-21.5-2 to change the incorporation by reference from January 1, 2012, to January 1, 2016. Amends 345 IAC 10-1-1 to include the definition of a limited permit. Amends 345 IAC 10-2-3 and 345 IAC 10-2-4 to clarify when poultry products slaughtered and processed for human food are not required to be produced in an official establishment. Adds 345 IAC 10-2-6 to set forth the requirements for poultry slaughter and processing under a limited permit. Adds 345 IAC 10-2-7 to establish labeling requirements for all poultry products produced in an establishment operating under an exemption or limited permit described in IC 15-17-5-11(a). Amends 345 IAC 10-2.1-1 to change the incorporation by reference from January 1, 2013, to January 1, 2016. Effective 30 days after filing with the Publisher.
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, 2013: 2016:
(1) 9 CFR 301, except the definitions in IC 15-17-2 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 15-17-17 and IC 4-21.5-3. (B) References to adulterated or misbranded product shall refer to products adulterated or misbranded as defined in IC 15-17-2. (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. (3) A reference to any subpart of 9 CFR 312 refers to the corresponding section of 345 IAC 9-12. (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.
(d) The board will utilize the latest edition of the following documents issued by the United States Department of Agriculture when interpreting and implementing the provisions of this article and IC 15-17:
(1) Food Safety and Inspection Service Regulatory Directives.
(2) Food Safety and Inspection Service Notices.
(e) Copies of incorporated documents and interpreting and implementing documents may be obtained from the United States Department of Agriculture, Food Safety Inspection Service website, the U.S. Government Printing Office website, or by sending a written request to the board.
(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; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; filed Nov 24, 2010, 3:20 p.m.: 20101222-IR-345100122FRA; filed Sep 18, 2012, 2:21 p.m.: 20121017-IR-345120108FRA; filed Mar 25, 2014, 10:18 a.m.: 20140423-IR-345130230FRA)
345 IAC 9-21.5-2 General provisions and incorporation by reference
Authority: IC 15-17
Sec. 2. (a) The board adopts as its rule and incorporates by reference the regulations in 9 CFR Part 354 for the voluntary inspection of rabbits in effect on January 1, 2012. 2016.
(b) The following revisions, exclusions, and limitations apply to the regulations adopted by reference in subsection (a):
(1) The term "department" shall mean and refer to the board.
(2) 9 CFR 354.45(b) is not incorporated by reference. The state veterinarian shall follow the notice provisions in IC 15-17-17 when suspending or denying services under this rule. (3) 9 CFR 354.100 through 9 CFR 354.110 are not incorporated. The state veterinarian shall follow the procedures in IC 15-17-5 and other state laws when assessing and collecting fees and charges. (4) The marks, devices, and certificates in 345 IAC 9-12 shall be the official marks, devices, and certificates for the purposes of the inspection program authorized in section 1 of this rule. The state veterinarian may authorize, after consultation with the United States Department of Agriculture, use of the marks described in 9 CFR 354.63 and 9 CFR 354.65. (5) 9 CFR Part 416 and 9 CFR Part 417 apply to establishments participating in the inspection program established under section 1 of this rule.
Authority: IC 15-17
Sec. 1. The definitions in IC 15-17-2, IC 15-17-5, and this section apply throughout this article:
(1) "Act" means the Indiana Meat and Poultry Inspection and Humane Slaughter Act under IC 15-17-5. (2) "Administrator" means the state veterinarian, division director, or other board employee to whom authority has been delegated under the act.
(3) "Animal food manufacturer" means a person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or parts or products of the carcasses of poultry.
(4) "Area supervisor", "circuit supervisor", or "poultry inspector supervisor" means a designated division employee who is in charge of the division's inspection and operational duties in a geographical region of the state.
(5) "Board", "state board", or "department" means the Indiana state board of animal health.
(6) "Capable of use as human food" means any carcass or part or product of a carcass of poultry that is not:
(A) denatured or otherwise identified as required by rules of the board to deter its use as human food; or
(B) naturally inedible by humans.
(7) "Commerce" means commerce within the state. The term includes, without limitation, a transfer of ownership or an offer to transfer ownership by sale or otherwise and the transportation of products on public roads of the state pursuant to a business transaction.
(8) "Container" or "package" means any box, can, tin, cloth, plastic or other receptacle, wrapper, or cover.
(9) "Division" or "program" means the meat and poultry division of the board.
(10) "Division director" means the veterinarian employed by the board to whom authority has heretofore been delegated or may be delegated to act in his or her stead.
(11) "Division employee" or "program employee" means the inspectors and all other individuals employed by the board and authorized to do any work or perform any duty in connection with the enforcement of the act.
(12) "Establishment" or "recognized establishment" means any building or part thereof, or other location, used for:
(A) slaughtering animals or poultry; or
(B) preparing:
(i) meat or poultry;
(ii) meat or poultry food products; and
(iii) meat or poultry byproducts;
for human consumption.
(13) "Food safety and inspection service", as referenced in 9 CFR, means the board.
(14) "Immediate container" means any consumer package or any other container in which poultry products are packed.
(15) "Inspection" or "inspection service" means inspection under IC 15-17-5 and this rule by agents of the board or the United States Department of Agriculture. (16) "Inspector" means an employee or official of the state authorized by the board to inspect poultry and poultry products under the authority of the act, or an employee of the United States government authorized to inspect poultry or poultry products under the authority of the act under an agreement between the board and the United States government.
(17) "Label" means a display of written, printed, or graphic matter on any article or the immediate container of any article. The term does not include packaged liners.
(18) "Labeling" means all labels and other written, printed, or graphic matter on any article or any of its containers or wrappers or that accompanies the article.
(19) "Limited permit" means a permit issued by the state veterinarian to an establishment upon a determination that the establishment meets the requirements set forth at:
(B) IC 15-17-5-11(a) and IC 15-17-5-11(f) to produce poultry products for distribution to:
(i) household consumers;
(ii) retail stores;
(iii) hotels;
(iv) restaurants; and
(v) institutions.
(19) (20) "Official certificate" means a certificate prescribed by this article for issuance by an inspector or other person performing official functions under this article.
(20) (21) "Official device" means any device prescribed or authorized by the board for use in applying an official mark.
(21) (22) "Official establishment" means an establishment granted inspection service under the act and this article.
(22) (23) "Official inspection legend" means the official inspection mark prescribed in 345 IAC 10-13 that indicates a product was inspected under this article.
(23) (24) "Official mark" means the official inspection legend or any other symbol prescribed in this rule to identify the status of any article or poultry under the act.
(25) (26) "Poultry" means any domesticated bird, including:
(A) chickens;
(B) turkeys;
(C) ducks;
(D) geese;
(E) guineas;
(F) ratitae; or
(G) squabs;
whether live or dead.
(26) (27) "Poultry products broker" means any person engaged in the business of buying or selling poultry products on commission or otherwise negotiating purchases or sales of such articles other than for his or her own account or as an employee of another person.
(27) (28) "Processed" means:
(A) slaughtered;
(B) canned;
(C) salted;
(D) stuffed;
(E) rendered;
(F) boned;
(G) cut up; or
(H) otherwise manufactured or processed.
(28) (29) "Renderer" means any person engaged in the business of rendering carcasses or parts or products of the carcasses of livestock or poultry. The term does not include rendering conducted under inspection or exemption under this rule.
(29) (30) "Secretary", "state veterinarian", or "administrator" means the Indiana state veterinarian appointed under IC 15-17-4 or a legally authorized representative.
(30) (31) "Shipping container" means any container used or intended for use in packaging the product packed in an immediate container.
(31) (32) "State" means the state of Indiana.
(32) (33) "Supervision" means controls implemented by board officials under the act and this article to ensure compliance with the act and this article. Supervision may include periodic observation or review as allowed under board policies.
(33) (34) "United States" or "U.S.", as referenced in 9 CFR, followed by:
(A) detained;
(B) retained;
(C) rejected; or
(D) suspect;
means "Indiana" or "state of Indiana" followed by the appropriate term.
345 IAC 10-2-3 Applicability of inspection provisions
Authority: IC 15-17
Sec. 3. (a) Except as provided in IC 15-17-5-11 and this article, inspection under the act and this article is required at every establishment in which any poultry is slaughtered or any poultry products are processed for transportation or sale in commerce as articles intended for use as human food. The division may implement inspection procedures for processing operations that are different than the inspection procedures for slaughter operations. Processing procedures may include procedures that allow for varied frequency of inspection depending on the processing operations conducted. (b) The division shall inspect the construction, sanitation, and operation of an applicant's establishment according to this article prior to and after granting inspection services or an exemption from inspection services. The division may temporarily or permanently withdraw inspection services or a grant of exemption from an establishment for violations of the act and this article.
(c) A person submitting an application for inspection under this section must include a description of the means by which the establishment will dispose of inedible products. The division shall approve the inedible disposal method if the proposed method complies with the act, this article, and IC 15-17-11.
(d) A person conducting activities that are exempted by IC 15-17-5-11 or Subpart C of 9 CFR 381 is not required to apply for and maintain inspection.
(e) (d) The state veterinarian may refuse to provide, or withdraw, inspection service under this rule with respect to any establishment if he or she determines that the applicant or recipient is unfit to engage in any business requiring inspection under the act or rules adopted under the act because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted in a federal or state court of:
(1) any felony; or
(2) more than one (1) violation of any law, other than a felony;
based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This subsection shall not affect in any way other provisions of the act or rules adopted under the act for withdrawal of inspection services from establishments for any other reason. The state veterinarian's refusal or withdrawal action may be for a period of time or indefinitely as he or she deems necessary to effectuate the purposes of the act. The state veterinarian shall notify the applicant or recipient of the service of their his or her opportunity for a hearing to review the action under IC 15-17-17. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he or she was a partner, an officer, a director, a holder or an owner of ten percent (10%) or more of its voting stock, or an employee in a managerial or an executive capacity.
(Indiana State Board of Animal Health; Reg HMP 1R,CH B,Subpt B, Sec 1.6; filed Aug 13, 1973, 9:30 a.m.: Rules and Regs. 1974, p. 275; filed Dec 10, 1997, 11:30 a.m.: 21 IR 1319; filed Oct 30, 2000, 2:06 p.m.: 24 IR 684; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA;
filed Sep 18, 2012, 2:21 p.m.: 20121017-IR-345120108FRA; readopted filed Aug 7, 2013, 8:32 a.m.: 20130904-IR-345130236RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 10-2-3) to the Indiana State Board of Animal Health (345 IAC 10-2-3) by P.L.138-1996, SECTION 76, effective July 1, 1996.
Authority: IC 15-17
Sec. 4. (a) Except as provided in IC 15-17-5-11 and this article, a person slaughtering poultry or preparing poultry products for human food must slaughter the poultry and prepare poultry products in an official establishment in compliance with this article. Slaughtered poultry and poultry products must be:
(1) inspected;
(2) handled;
(3) processed;
(4) marked; and
(5) labeled;
(b) An official establishment that believes or has reason to believe that adulterated or misbranded poultry or poultry product received by or originating from the establishment has entered into commerce shall promptly notify the division of the:
(1) type;
(2) amount;
(3) origin; and
(4) destination;
of the poultry or poultry product.
(c) Each establishment shall prepare and maintain current procedures for the recall of poultry and poultry products produced and shipped by the establishment. The establishment must make the plans available to the division upon request.
(Indiana State Board of Animal Health; Reg HMP 1R,CH B,Subpt B,Sec 1.7; filed Aug 13, 1973, 9:30 a.m.: Rules and Regs. 1974, p. 275; filed Dec 10, 1997, 11:30 a.m.: 21 IR 1319; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; filed Sep 18, 2012, 2:21 p.m.: 20121017-IR-345120108FRA; readopted filed Aug 7, 2013, 8:32 a.m.: 20130904-IR-345130236RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 10-2-4) to the Indiana State Board of Animal Health (345 IAC 10-2-4) by P.L.138-1996, SECTION 76, effective July 1, 1996.
345 IAC 10-2-6 Limited permit for sales of exempt poultry products
Authority: IC 15-17-5-11
Sec. 6. (a) An establishment producing poultry products under IC 15-17-5-11(a) and 9 CFR 381.10(a)(5), 9 CFR 381.10(a)(6), or 9 CFR 381.10(a)(7) must obtain a limited permit from the state veterinarian.
(b) In addition to meeting the requirements for an establishment operating under 9 CFR 381.10, the establishment must submit a completed permit application on a form furnished by the state veterinarian.
(c) Prior to the issuance of a limited permit, the board will make a determination whether the applicant meets the requirements for obtaining a permit.
(d) An establishment selling poultry products under a limited permit must make the facility, equipment, poultry products, and records available at any reasonable time to an employee of the board to verify continued compliance with IC 15-17-5-11 and this article.
(e) An establishment selling poultry products under a limited permit must notify the board if there is a change to its operating schedule prior to the change.
(f) An establishment selling poultry products under a limited permit must label the products in accordance with section 7 of this rule.
(Indiana State Board of Animal Health; 345 IAC 10-2-6)
345 IAC 10-2-7 Labeling of exempt poultry products
Authority: IC 15-17-5-11
Sec. 7. (a) Poultry products produced in an establishment operating under an exemption or limited permit described at IC 15-17-5-11(a) must be labeled with the following information:
(1) Establishment name.
(2) Establishment address.
(3) The common name or usual name of the food product.
(4) The net weight or volume of the food product by standard measure or numerical count.
(5) The ingredients of the food product, in descending order by predominance by weight.
(6) The date on which the food product was produced.
(7) The statement "Exempt P.L. 90-492" or a similar statement notifying the consumer that the product was produced and processed at a facility that is exempt from inspection under IC 15-17-5-11.
(b) Poultry products produced in an establishment operated under a limited permit described at IC 15-17-5-11(f) must also include the statement "Limited Permit – Retail HRI".
(Indiana State Board of Animal Health; 345 IAC 10-2-7)
345 IAC 10-2.1-1 Incorporation by reference; poultry products inspection
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, 2013: 2016:
(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 15-17-5-12. (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 15-17 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 15-17-17 and IC 4-21.5-3. (B) References to adulterated or misbranded product shall refer to products adulterated or misbranded as defined in IC 15-17-2. (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. (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; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; filed Nov 24, 2010, 3:20 p.m.: 20101222-IR-345100122FRA; filed Sep 18, 2012, 2:21 p.m.: 20121017-IR-345120108FRA; filed Mar 25, 2014, 10:18 a.m.: 20140423-IR-345130230FRA)
Posted: 09/07/2016 by Legislative Services Agency
DIN: 20160907-IR-345160220PRA
Composed: Apr 26,2024 3:57:14AM EDT
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