Indiana § 15-17-5-11 - Exempt operation antemortem and postmortem inspection requirements; limited permits; inspections; requirements; rules

§ 15-17-5-11. Exempt operation antemortem and postmortem inspection requirements; limited permits; inspections; requirements; rules

Sec. 11. (a) As provided in this section, the board shall issue limited permits for the operations of an establishment that are exempt from antemortem inspection and postmortem inspection and other requirements of this chapter if any of the following conditions exist:

(1) To the extent the operations would be exempt from the corresponding requirements under the federal Meat Inspection Act, Section 23 (21 U.S.C. 623), or the Poultry Products Inspection Act, Section 14 (21 U.S.C. 464), if the operations were conducted in or for interstate commerce.

(2) The state is designated under the federal acts as one in which the federal requirements apply to commerce in Indiana.

A person operating an establishment under subsection (f) shall obtain a limited permit from the board.

(b) The board may enter and inspect the operation of an establishment described in subsection (a) to determine compliance with this chapter. When the operation of an establishment appears to be a detriment to health and public welfare, the establishment may be brought under this chapter by executive order of the state veterinarian issued in compliance with IC 4-21.5.

(c) Livestock and poultry slaughtered according to the ritual requirements of a religious faith that prescribes a method of slaughter by which the livestock or poultry suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument is a humane method under this chapter. However, livestock must be slaughtered immediately following total suspension from the floor.

(d) Except as required in an agreement between the United States Department of Agriculture and the board, a person operating under the inspection program of the federal acts, as amended, is exempt from this chapter.

(e) Except as provided in subsection (f), poultry products produced in an establishment operating under an exemption or limited permit described in subsection (a) must be labeled in accordance with rules adopted by the board and may only be distributed directly to a household consumer who:

(1) is the last person to purchase the poultry product; and

(2) does not resell the poultry.

Distribution directly to a household consumer includes sales at the farm, at a farmers' market, at a roadside stand, and through delivery to the consumer.

(f) The board shall issue a limited permit to an establishment operating under subsection (a) and 9 CFR 381.10(a)(5) and 9 CFR 381.10(a)(6) to produce poultry products for distribution to retail stores, hotels, restaurants, and institutions that resell or serve the products to consumers, if the establishment meets the following additional requirements:

(1) The establishment notifies the board of its operating schedule.

(2) The establishment meets the standards in 9 CFR Part 416.

(3) The establishment creates a food safety plan for the operation that includes an analysis of food safety hazards that are reasonably likely to occur in the production process and identification of control measures the establishment can apply to control those hazards.

(4) There is at least one (1) person who is responsible for all periods of the establishment's operations who has successfully completed a course of instruction in the application of food safety principles to meat and poultry product production.

(5) The poultry products are labeled in accordance with rules adopted by the board.

The board may conduct microbial testing for food safety at establishments operating under this subsection. The board's microbial testing may not be more stringent than the board's microbial testing at inspected establishments. The board may create and publish recommended standards for microbial testing by establishments operating under this subsection.

(g) The board may adopt rules under IC 4-22-2 to implement this section.

[Pre-2008 Recodification Citation: 15-2.1-24-13.]

As added by P.L.2-2008, SEC.8. Amended by P.L.80-2016, SEC.1; P.L.11-2023, SEC.55.