Indiana Administrative Code
Title 345 - INDIANA STATE BOARD OF ANIMAL HEALTH
Article 10 - POULTRY AND POULTRY PRODUCTS INSPECTION
Rule 2.1 - Incorporation by Reference
Section 2.1-1 - Incorporation by reference; poultry products inspection
Universal Citation: 345 IN Admin Code 2.1-1
Current through September 18, 2024
Authority: 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:
(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.
(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.
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