Detention of Livestock or Poultry Products or Animals Pending Investigation

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Sec. 20. (a) For purposes of this section, references in IC 16-42-1 through IC 16-42-4 to:

(1) "state health commissioner" refer to the state veterinarian; and

(2) "department" refer to the board.

(b) Whenever:

(1) a:

(A) livestock product;

(B) poultry product;

(C) product exempted from the definition of a livestock product and from the definition of a poultry product; or

(D) dead, dying, disabled, or diseased livestock or poultry;

is found by an authorized representative of the board upon any premises where the product or animal is held for purposes of or during or after distribution in commerce or is subject to this chapter; and

(2) there is reason to believe that:

(A) the product or animal is adulterated or misbranded and is capable of use as human food;

(B) the product or animal has not been inspected in violation of this chapter, IC 16-42-1 through IC 16-42-4, the federal Meat Inspection Act (21 U.S.C. 601 et seq.), or the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or

(C) the product or animal has been or is intended to be distributed in violation of a law listed under clause (B);

the product or animal may be detained by the representative for not more than twenty (20) days, pending action under section 21 of this chapter or notification of federal authorities having jurisdiction over the product or animal, and may not be moved by a person from the place at which the product or animal is located when the product or animal is detained until released by the representative.

(c) All official marks may be required by the representative to be removed from the product or animal before the product or animal is released unless it appears to the satisfaction of the state veterinarian that the product or animal is eligible to retain the official marks.

[Pre-2008 Recodification Citation: 15-2.1-24-22.]

As added by P.L.2-2008, SEC.8.


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