Authority: IC 15-17-3; IC 15-17-5
Affected: IC 4-21.5-3; IC 15-17-2; IC 15-17-17
Sec. 8. (a) An establishment may manufacture pet food or similar uninspected, inedible products in areas where edible products also are produced. Manufacturing uninspected, inedible products may not:
- (1) cause edible products to be adulterated as defined in IC 15-17-2;
- (2) create insanitary conditions in the official establishment that constitute a noncompliance with 9 CFR 381.65 or 9 CFR 416; or
- (3) prevent or interfere with inspection or other program tasks performed by board personnel.
(b) Pet food and similar uninspected, inedible products must be distinguished from edible products to avoid being distributed as human food as follows:
- (1) The products must be labeled or otherwise identified under the requirements of 9 CFR 381.193.
(2) The products must be:
- (A) properly identified as animal food, with the name of the product conspicuously stated on the label as "Animal Food", "Pet Food", or "(name of species) Food", or the product's name may be stated on the label to indicate that it is, or contains, poultry carcass-source material and is for animals (e.g., "Chicken for Pets" or "Turkey Dinner for Cats"), under the conditions set forth in 9 CFR 381.193(b)(3);
- (B) not represented as human food; and
- (C) denatured as set forth in 9 CFR 381.95 to be readily distinguishable from a human food product. The denaturant must be a food coloring that is approved by the United States Department of Agriculture and Food [sic, and] Drug and [sic] Administration for use in pet food.
(c) An establishment must have a standard operating procedure (SOP) approved by the division with procedures in place to define how the establishment will handle, store, and process products intended for pet food or treats. The SOP must ensure that:
- (1) inedible product must remain separate and distinct from edible product as required by 9 CFR 416.2(b)(4);
(2) if custom exempt product is used to produce pet food or treats, all offal or other materials must either be:
- (A) returned to the owner; or
- (B) denatured as set forth in this section, with a denaturant approved for use in pet food.
(d) If an establishment is selling inedible product to be used for pet food, the outside container must be marked conspicuously with the words "Not fit for human food" as required by 9 CFR 381.193(a).
(Indiana State Board of Animal Health; 345 IAC 10-2-8; filed Aug 14, 2025, 10:14 a.m.: 20250910-IR-345250165FRA; readopted filed Oct 15, 2025, 3:08 p.m.: 20251105-IR-345240625RFA)