Authority: IC 15-17-3-19; IC 15-17-3-21

Affected: IC 15-17-5.5

Sec. 4. (a) Service under this rule may be made available for products produced, shipped, or received in commerce in the state to facilitate the:

1. (1) marketing;
2. (2) distribution;
3. (3) processing; or
4. (4) utilization;

of agricultural products through commercial channels.

(b) Any person may apply to the board for service under this rule with respect to products in which the applicant is financially interested. The application must:

1. (1) be made on a form approved by the state veterinarian; and

2. (2) include all of the information requested on the application form, such as the:

   1. (A) name and address of the establishment at which service is desired;
   2. (B) name and post office address of the applicant;
   3. (C) financial interest of the applicant in the products, except where the application is made by an official of a government agency in his or her official capacity; and
   4. (D) signature of the applicant or the signature and title of the applicant's agent.

The application must state the legal status of the applicant as an individual, partnership, corporation, or other form of legal entity. Any change in such status, at any time while service is being received, shall be promptly reported to the state veterinarian by the person receiving the service. The state veterinarian may request any person submit proof of their authority to act for an organization.

(c) If the service is intended to be furnished at an establishment not operated by the applicant, the application must be approved by the operator of the establishment, and such approval shall constitute an authorization for any employees of the board to enter the establishment for the purpose of performing their functions under this rule.

(d) Applicants for services under this rule may, upon approval of their application, request service as follows:

1. (1) Service on a noncommitment basis. The applicant from time to time makes oral or written requests to the state veterinarian for service with respect to specific products.
2. (2) Service on a commitment basis. The applicant requests to enter into an agreement with the board for the furnishing of service on a set commitment basis, whereby the applicant agrees to pay for a certain number of hours of service per day for certain regular days during the week.

(Indiana State Board of Animal Health; 345 IAC 12-1-4; filed Nov 24, 2008, 12:32 p.m.: 20081217-IR- 345080424FRA; readopted filed Oct 16, 2014, 9:43 a.m.: 20141112-IR-345140300RFA; readopted filed Jul 14, 2020, 1:42 p.m.: 20200812-IR-345200230RFA)