January 25, 2011





HOUSE BILL No. 1386

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DIGEST OF HB 1386 (Updated January 25, 2011 1:57 pm - DI 77)



Citations Affected: IC 15-19.

Synopsis: Commercial feed certification. Allows the state chemist to inspect, audit, and certify certain commercial feed manufacturers and distributors that export commercial feed. Provides that the rules must include a schedule of fees to cover the cost of the state chemist's inspection activities. Provides that the failure to pay the fees is a Class C infraction.

Effective: July 1, 2011.





Lehe, Baird , Bacon




    January 18, 2011, read first time and referred to Committee on Agriculture and Rural Development.
    January 25, 2011, amended, reported _ Do Pass.






January 25, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1386



    A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 15-19-7-34.5; (11)HB1386.1.1. -->     SECTION 1. IC 15-19-7-34.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 34.5. (a) The state chemist may:
        (1) inspect; and
        (2) on the request of a commercial feed manufacturer or distributor, audit and certify;
commercial feed manufacturers and distributors that export commercial feed.
    (b) The state chemist may adopt rules under IC 4-22-2 to inspect, audit, and certify commercial feed manufactures and distributors that export commercial feed
under subsection (a).
    (c) The rules adopted under this section may incorporate existing standards that are applicable to a particular manufacturer or distributor.
    (d) The rules adopted under this section must include a schedule of fees for all activities required under this section to inspect, audit, and certify a commercial feed manufacturer or distributor.

SOURCE: IC 15-19-7-40; (11)HB1386.1.2. -->     SECTION 2. IC 15-19-7-40, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 40. A person commits a Class C infraction if the person knowingly engages in any of the following:
        (1) The manufacture or distribution of a commercial feed that is adulterated or misbranded.
        (2) The adulteration or misbranding of a commercial feed.
        (3) The distribution of agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of section 29(1) of this chapter.
        (4) The removal or disposal of a commercial feed in violation of an order under section 38 or 39 of this chapter.
        (5) The failure to obtain a commercial feed license under section 24 of this chapter.
        (6) The failure to pay inspection fees or file reports as required by section 30, or 31, or 34.5 of this chapter.