345 IAC 10-2.1-1 Incorporation by reference; poultry products inspection

Sec. 1. (a) The board adopts as its rule and incorporates by reference the following federal regulations effective January 1, 2024: (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 are charged as set forth in 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, controls 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) is 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: (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, and the amendments to these references in 89 FR 19470 through 89 FR 19496 (effective May 17, 2024), 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 mean IC 15-17-17 and IC 4-21.5-3. (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) 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.