Section 345 IAC 10-2.1-1 - Incorporation by reference; poultry products inspectionAuthority: IC 15-17-3
Affected: IC 4-21.5-3; IC 15-17-2; IC 15-17-5-12; IC 15-17-17
Sec. 1.
(a) The board adopts as its rule and incorporates by reference the following federal regulations in effect on January 1, 2020 2022: (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: (5)9 CFR 381.115 through 9 CFR 381.182, except the following are not incorporated: (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.(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 10-7-3.(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 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; 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-345130230FRAFiled 12/14/2016, 11:58 a.m.: 20170111-IR-345160220FRAFiled 8/24/2018, 11:17 a.m.: 20180919-IR-345180123FRAFiled 6/8/2021, 11:01 a.m.: 20210707-IR-345200557FRAFiled 3/3/2023, 9:44 a.m.: 20230329-IR-345220259FRA