345 IAC 9-2.1-1 Incorporation by reference

Sec. 1. (a) The board adopts as its rule and incorporates by reference the following federal regulations effective January 1, 2024: (1) 9 CFR 301, except the definitions in IC 15-17-2 and 345 IAC 9-1-3, controls over conflicting definitions in 9 CFR. (2) 9 CFR 303 through 9 CFR 311, except the following are not incorporated: (A) 9 CFR 303.1(c), 9 CFR 303.1(g), and 9 CFR 303.2. (B) 9 CFR 306.1. (C) 9 CFR 307.4, 9 CFR 307.5, and 9 CFR 307.6. (D) 9 CFR 308. (3) 9 CFR 313 through 9 CFR 320, and the amendments to these references in 89 FR 19470 through 89 FR 19496 (effective May 17, 2024), except 9 CFR 317.4 and 9 CFR 317.5. (4) 9 CFR 325. (5) 9 CFR 416 through 9 CFR 441. (6) 9 CFR 500, except the following: (A) References to the 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) A reference to any subpart of 9 CFR 302 refers to the corresponding section of 345 IAC 9-2. (2) A reference to: (A) 9 CFR 307.4 refers to 345 IAC 9-7-4; (B) 9 CFR 307.5 refers to 345 IAC 9-7-6; and (C) 9 CFR 307.6 refers to 345 IAC 9-7-6. (3) A reference to any subpart of 9 CFR 312 refers to the corresponding section of 345 IAC 9-12. (4) A reference to: (A) 9 CFR 316.16 refers to 345 IAC 9-16-16; and (B) 9 CFR 317.16 refers to 345 IAC 9-17-16. (5) A reference to: (A) 9 CFR 321.1 refers to 345 IAC 9-20; and (B) 9 CFR 321.2 refers to 345 IAC 9-20. (6) A reference to any subpart of 9 CFR 329 refers to the corresponding section in 345 IAC 9-22. (c) Where the provisions of this article conflict with matters incorporated by reference, the express provisions of this article shall control. (d) The board shall use the latest edition of the following documents issued by the United States Department of Agriculture (USDA) when interpreting and implementing the provisions of this article and IC 15-17: (1) Food Safety and Inspection Service Regulatory Directives. (2) Food Safety and Inspection Service Notices. (e) Copies of incorporated documents, and interpreting and implementing documents, may be obtained from the USDA Food Safety and Inspection Service website, the U.S. Government Publishing Office website, or by sending a written request to the board.