345 Ind. Admin. Code 10-1-1

Current through September 4, 2024
Section 345 IAC 10-1-1 - Definitions

Authority: IC 15-17

Affected: IC 15-17-2-83; IC 15-17-4; IC 15-17-5-11

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:
(A) IC 15-17-5-11(a) and IC 15-17-5-11(e) to produce poultry products for distribution only to household consumers; or
(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.
(20) "Official certificate" means a certificate prescribed by this article for issuance by an inspector or other person performing official functions under this article.
(21) "Official device" means any device prescribed or authorized by the board for use in applying an official mark.
(22) "Official establishment" means an establishment granted inspection service under the act and this article.
(23) "Official inspection legend" means the official inspection mark prescribed in 345 IAC 10-13 that indicates a product was inspected under this article.
(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) "Person" has the meaning set forth in IC 15-17-2-83.
(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.
(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.
(28) "Processed" means:
(A) slaughtered;
(B) canned;
(C) salted;
(D) stuffed;
(E) rendered;
(F) boned;
(G) cut up; or
(H) otherwise manufactured or processed.
(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.
(30) "Secretary", "state veterinarian", or "administrator" means the Indiana state veterinarian appointed under IC 15-17-4 or a legally authorized representative.
(31) "Shipping container" means any container used or intended for use in packaging the product packed in an immediate container.
(32) "State" means the state of Indiana.
(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.
(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 10-1-1

Indiana State Board of Animal Health; Reg HMP 1R,CH B,Subpt A, Sec 1.1; filed Aug 13, 1973, 9:30 a.m.: Rules and Regs. 1974, p. 268; filed Dec 10, 1997, 11:30 a.m.: 21 IR 1315; errata filed Mar 9, 1998, 9:30 a.m.: 21 IR 2393; filed Oct 30, 2000, 2:06 p.m.: 24 IR 683; errata filed Apr 9, 2001, 12:52 p.m.: 24 IR 2470; 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) NOTE: Transferred from the Indiana State Department of Health ( 410 IAC 10-1-1) to the Indiana State Board of Animal Health ( 345 IAC 10-1-1) by P.L. 138-1996, SECTION 76, effective July 1, 1996.
Filed 12/14/2016, 11:58 a.m.: 20170111-IR-345160220FRA
Readopted filed 7/12/2022, 2:33 p.m.: 20220810-IR-345220146RFA

Transferred from the Indiana State Department of Health (410 IAC 10-1-1) to the Indiana State Board of Animal Health (345 IAC 10-1-1) by P.L. 137-1996, SECTION 76, effective July 1, 1996.