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 effective January 1, 2024:

1. (1) 9 CFR Part 362, with the following amendments and additions:

   1. (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.
   2. (B) Fees for voluntary inspection service are charged as set forth in IC 15-17-5-12.
   3. (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. (2) 9 CFR 381.1, except the definitions in IC 15-17 and 345 IAC 10-1-1, controls over conflicting definitions in 9 CFR.

3. (3) 9 CFR 381.10, with the following amendments and additions:

   1. (A) 9 CFR 381.10(d)(2)(i) is amended by deleting the word "unless" and the remaining part of the sentence that follows that word.
   2. (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. (4) 9 CFR 381.11 through 9 CFR 381.95, except the following:

   1. (A) 9 CFR 381.36.
   2. (B) 9 CFR 381.37.
   3. (C) 9 CFR 381.38.
   4. (D) 9 CFR 381.39.

5. (5) 9 CFR 381.115 through 9 CFR 381.182, and the amendments to these references in 89 FR 19470 through 89 FR 19496 (effective May 17, 2024), except the following are not incorporated:

   1. (A) 9 CFR 381.132.
   2. (B) 9 CFR 381.133.
6. (6) 9 CFR 381.189 through 9 CFR 381.194.
7. (7) 9 CFR 381.300 through 9 CFR 381.500.
8. (8) 9 CFR 416 through 9 CFR 441.

9. (9) 9 CFR 500, except the following:

   1. (A) References to Uniform Rules of Practice, 7 CFR Subtitle A, Part 1, Subpart H mean IC 15-17-17 and IC 4-21.5-3.
   2. (B) References to adulterated or misbranded product 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 apply:

1. (1) References to 9 CFR 381.3 through 9 CFR 381.7 refer to the corresponding section in 345 IAC 10-2.

2. (2) References to:

   1. (A) 9 CFR 381.36 refer to 345 IAC 10-7-1;
   2. (B) 9 CFR 381.37 refer to 345 IAC 10-7-2 and 345 IAC 10-7-3; and
   3. (C) 9 CFR 381.38 and 9 CFR 381.39 refer to 345 IAC 10-7-3.

3. (3) References to:

   1. (A) 9 CFR 381.96 refer to 345 IAC 10-13-1;
   2. (B) 9 CFR 381.98 refer to 345 IAC 10-13-2;
   3. (C) 9 CFR 381.99 refer to 345 IAC 10-13-3;
   4. (D) 9 CFR 381.100 refer to 345 IAC 10-13-4;
   5. (E) 9 CFR 381.101 refer to 345 IAC 10-13-5;
   6. (F) 9 CFR 381.103 refer to 345 IAC 10-13-6;
   7. (G) 9 CFR 381.110 refer to 345 IAC 10-13-7; and
   8. (H) 9 CFR 381.111 refer to 345 IAC 10-13-8.
4. (4) References to 9 CFR 381.131 refer to 345 IAC 10-14-18 and 345 IAC 10-14-20.

5. (5) References to:

   1. (A) 9 CFR 381.185 refer to 345 IAC 10-18-1; and
   2. (B) 9 CFR 381.186 refer to 345 IAC 10-18-2.
6. (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-345130230FRA; filed Dec 14, 2016, 11:58 a.m.: 20170111-IR-345160220FRA; filed Aug 24, 2018, 11:17 a.m.: 20180919-IR-345180123FRA; filed Jun 8, 2021, 11:01 a.m.: 20210707-IR-345200557FRA; filed Mar 3, 2023, 9:44 a.m.: 20230329-IR-345220259FRA; filed Aug 14, 2025, 10:14 a.m.: 20250910-IR-345250165FRA)