Sec. 26. A commercial feed, except a customer formula feed, must be accompanied by a label bearing the following information: (1) The quantity statement. (2) The product name and the brand name, if any, under which the commercial feed is distributed. (3) The guaranteed analysis, expressed on an “as-is” basis, and stated in the terms […]
Sec. 27. Customer formula feed must be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information: (1) Name and address of the manufacturer. (2) Name and address of the purchaser. (3) Date of delivery. (4) The product name and brand name, if any, and the quality statement of each […]
Sec. 28. A commercial feed is considered misbranded if any of the following conditions exist: (1) Its labeling is false or misleading in any particular. (2) It is distributed under the name of another commercial feed. (3) It is not labeled as required by section 26 or 27 of this chapter. (4) It purports to […]
Sec. 29. A commercial feed is considered adulterated if it meets any of the following conditions: (1) It bears or contains a poisonous or deleterious substance that may render it injurious to health. However, if the substance is not an added substance, the commercial feed is not considered to be adulterated under this subdivision if […]
Sec. 3. As used in this chapter, “customer formula feed” means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is mixed to meet the request of the final purchaser that the mixture contain a specific content of ingredients, nutrients, or nonnutritive additives. [Pre-2008 Recodification Citation: 15-5-13-1(3).] […]
Sec. 30. (a) A distributor shall pay to the state chemist an inspection fee at the rate of forty cents ($0.40) per ton on all commercial feeds distributed into or within Indiana, subject to the following: (1) No fee shall be paid on a commercial feed if the payment has been made by a previous […]
Sec. 31. (a) Except as provided in subsection (b), a distributor who is liable for the payment of the tonnage inspection fee under section 30 of this chapter shall file quarterly tonnage reports setting forth the number of net tons of commercial feeds distributed in Indiana during the preceding calendar quarter. The distributor shall file […]
Sec. 32. (a) Each person required to pay an inspection fee or to report under this chapter shall keep records that are necessary or required by the state chemist to accurately indicate the tonnage of commercial feed or the number of small packaged pet and specialty pet products distributed in Indiana. The state chemist or […]
Sec. 33. (a) Fees collected by the state chemist under this chapter shall be paid to the treasurer of Purdue University. The board of trustees of Purdue University shall expend the money received under this section on proper vouchers in meeting all necessary expenses in carrying out this chapter, including: (1) the employment of inspectors […]
Sec. 34. (a) Subject to subsection (b), and in the manner provided by IC 4-22-2, the state chemist may adopt: (1) rules for commercial feeds, pet foods, and specialty pet foods as specifically authorized in this chapter; and (2) other reasonable rules necessary for the efficient enforcement of this chapter. (b) In the interest of […]
Sec. 34.5. (a) The state chemist may: (1) inspect; and (2) on the request of a commercial feed manufacturer or distributor, audit and certify; commercial feed manufacturers and distributors that export commercial feed. (b) The state chemist may adopt rules under IC 4-22-2 to inspect, audit, and certify commercial feed manufacturers and distributors that export […]
Sec. 35. (a) Upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, officers or employees designated by the state chemist may: (1) during normal business hours, enter: (A) a factory, warehouse, or establishment in Indiana in which commercial feeds are manufactured, processed, packed, or held for distribution; and […]
Sec. 36. (a) For the purpose of the enforcement of this chapter, the state chemist or the state chemist’s agent may enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, and to obtain samples and examine records relating to distribution of commercial feeds. (b) […]
Sec. 37. If the owner of a factory, warehouse, or establishment described in section 35(a) of this chapter or the owner’s agent refuses to admit the state chemist or the state chemist’s agent to inspect in accordance with section 35(a) and 35(b) of this chapter, the state chemist may obtain from any state court a […]
Sec. 38. If the state chemist or the state chemist’s agent has reasonable cause to believe that a lot of commercial feed is being distributed in violation of this chapter or a rule adopted under this chapter, the state chemist or agent may issue and enforce a written or printed “stop sale or withdrawal from […]
Sec. 39. A lot of commercial feed that is not in compliance with this chapter or a rule adopted under this chapter is subject to seizure on complaint of the state chemist to a court with jurisdiction in the area in which the commercial feed is located. If the court finds the commercial feed is […]
Sec. 4. As used in this chapter, “distribute” means to: (1) offer for sale, sell, exchange, or barter a commercial feed, or otherwise supply a commercial feed; or (2) supply, furnish, or otherwise provide commercial feed to a contract feeder. [Pre-2008 Recodification Citation: 15-5-13-1(5).] As added by P.L.2-2008, SEC.10. Amended by P.L.99-2012, SEC.24.
Sec. 40. A person commits a Class A infraction if the person knowingly engages in any of the following: (1) The manufacture or distribution of a commercial feed that is adulterated or misbranded. (2) The adulteration or misbranding of a commercial feed. (3) The distribution of agricultural commodities, such as whole seed, hay, straw, stover, […]
Sec. 41. A person who impedes, hinders, or otherwise prevents the state chemist or the state chemist’s agent in performance of the state chemist’s duty under this chapter commits a Class C infraction. [Pre-2008 Recodification Citation: 15-5-13-18.] As added by P.L.2-2008, SEC.10.
Sec. 42. This chapter does not require the state chemist or the state chemist’s agent to: (1) report for prosecution; (2) institute seizure proceedings; or (3) issue a withdrawal from distribution order; as a result of minor violations of the chapter if the state chemist or the state chemist’s agent believes the public interest will […]
