Citations Affected: IC 14-8; IC 15-2.1.
Synopsis: Domesticated deer farms. Establishes a permit process to
operate a cervidae livestock facility. Provides procedures for the
Indiana state board of animal health to issue permits to persons who
meet certain requirements. Requires the cervidae livestock facility to
be inspected and wild and free ranging cervidae to be removed from
the facility before a permit is approved. Provides for penalties.
Effective: July 1, 2001.
January 17, 2001, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
February 8, 2001, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
methods of fencing and animal identification.
(F) The proposed method to remove wild or free ranging cervidae from the proposed facility, and the proposed method to verify that the wild or free ranging cervidae have been removed, if applicable.
(G) The record keeping system that will be used.
(H) The current zoning ordinances that apply to the proposed facility.
(I) Any ordinances concerning fences that apply to the facility.
(J) Any other information required by the board.
(2) Pays the application fee determined by the board.
(b) The board shall forward a copy of the initial application to the county commissioners and any area plan commission or board of zoning appeals where the proposed cervidae livestock facility will be located. Within thirty (30) days of receipt of the application the local unit of government may respond to the board indicating if the applicant's cervidae livestock facility would violate a local zoning or fence ordinance.
Sec. 6. The board shall inspect a proposed cervidae livestock facility not more than thirty (30) days after the applicant has informed the board that the facility is completed and ready to be inspected.
Sec. 7. (a) The board shall issue a cervidae livestock facility permit to a person when the following requirements have been met:
(1) A completed application has been submitted.
(2) The application fee has been paid.
(3) The cervidae livestock facility has been inspected and meets the board's:
(A) operational standards; and
(B) fencing and construction requirements.
(4) The facility complies with the business plan submitted to the board.
(5) The applicant has taken actions to remove the wild or free ranging cervidae species from the cervidae livestock facility proposed under section 5(a)(1)(F) of this chapter and has verified that those animals have been removed.
(6) The applicant can appropriately identify the facility's individual cervidae.
(7) The cervidae livestock facility complies with local zoning and fence ordinances. If the board does not receive a response
from a local unit of government under section 5(b) of this
chapter indicating that the proposed facility would violate a
local zoning or fence ordinance, the board may presume that
the facility complies with the local zoning and fence
(b) If the board denies an applicant a cervidae livestock operation permit, the board shall give the applicant a written denial that specifies the deficiencies that need to be corrected in order for a permit to be issued. Without filing a second application, an applicant may submit a revised application and request a second inspection after the deficiencies have been corrected.
(c) A cervidae livestock operation permit expires three (3) years from the date the permit is issued.
Sec. 8. A cervidae livestock facility permit must contain the following information:
(1) The complete name, business name, and business address of the cervidae livestock facility permit holder.
(2) The permit registration number and expiration date.
(3) The complete address of the cervidae livestock facility location.
(4) The cervidae species and the maximum number of cervidae allowed at the cervidae livestock facility location.
(5) The complete name, address, and telephone number of the board contact person concerning cervidae livestock facilities.
Sec. 9. The board shall adopt rules under IC 4-22-2 to regulate the following:
(1) The operational standards for cervidae livestock facilities.
(2) Application and renewal fees. The fees must be determined by the size of the facility and the number of cervidae located at the facility. However, the fees may not exceed:
(A) five hundred dollars ($500) per facility; or
(B) fifty dollars ($50) for small facilities that do not operate commercially.
All fees collected under this section shall be deposited in the board's general operating account.
(3) Fence height and construction requirements for different species of cervidae.
(4) Standards to appropriately identify individual animals.
(5) Standards and procedures to renew or amend cervidae livestock facility permits.
(6) Any other matters that are necessary to implement this chapter.
(7) The board shall establish different classes of cervidae livestock facility permits for distinct types of cervidae livestock facilities and establish different standards under this section for each class of facility.
Sec. 10. (a) The board shall send a cervidae livestock facility permit holder a renewal application sixty (60) days before the expiration of the holder's permit.
(b) If the holder of a cervidae livestock facility permit submits a complete renewal application and renewal fee to the board before the expiration of the permit, the expiration of the current permit is extended until the renewal application is approved or denied.
Sec. 11. The board may inspect any cervidae livestock facility and collect samples or specimens at the facility during normal business hours.
Sec. 12. If a cervidae livestock facility is sold or transferred, the new owner shall inform the board in writing not more than ten (10) business days after the sale or transfer. The new owner of the cervidae livestock facility may operate under the existing cervidae livestock facility permit for:
(1) one hundred eighty (180) days; or
(2) until the existing permit expires;
whichever comes first.
Sec. 13. (a) A person may not release cervidae from a cervidae livestock facility into the wild.
(b) A holder of a cervidae livestock facility permit shall inform the board within one (1) business day if a cervidae escapes from a cervidae livestock facility.
(c) A person shall not intentionally or knowingly cause the ingress of wild cervidae into a cervidae livestock facility.
Sec. 14. (a) The board may deny, suspend, revoke, or limit a cervidae livestock facility permit if, after a hearing, the board determines that the applicant or holder of the permit has failed to comply with this chapter or standards adopted by the board.
(b) The board shall issue written notice to the applicant or licensee stating the board's action, the opportunity for a hearing under IC 4-21.5, and the procedure and time limit for requesting a hearing. If the applicant or licensee does not request a hearing before the board within fifteen (15) days of receiving the notice, the right to a hearing before the board is waived and the notice becomes the final order under IC 4-21.5. If a hearing is requested, the hearing shall be held in compliance with IC 4-21.5.
Sec. 15. A person who recklessly, knowingly, or intentionally
violates section 4 or 13 of this chapter commits a Class B