Section 345IAC9-17-20. Incorporation by reference; quantity of contents labeling and procedures and requirements for accurate weights

   (a) All scales used to determine the net weight of meat and poultry products sold or otherwise distributed in commerce in establishments must meet all of the following requirements:

(1) The scales must be installed, maintained, and operated in a manner that ensures accurate weights.

(2) The scales must meet the applicable requirements contained in the matters incorporated by reference in 410 IAC 12-1-1.1.

(3) The scales must have the capacity to weigh the entire unit or package.

  (b) No person may use a scale in an establishment to determine the net weight of meat or poultry products unless it has been found upon test and inspection to provide accurate weight. The operator of each establishment must cause their scales to be tested for accuracy in accordance with the standards in subsection (a)(2) at least once each year. The board may order more frequent tests when scales are found not to maintain accuracy between tests.

  (c) The operator of each official establishment shall display on or near each scale a valid certification of the scale's accuracy from a state or federal official or a state registered or licensed scale repair firm or person. The state veterinarian may approve alternative documented procedures showing that the scale has been tested for accuracy in accordance with the requirements in subsection (a)(2).

  (d) If:

(1) a scale is inspected or tested and found to be inaccurate; or

(2) any repairs, adjustments, or replacements are made to the scale;

it may not be used until it has been reinspected and retested by a state or federal weights and measures official, or a state registered or licensed scale repair firm or person. All tests, inspections, repairs, adjustments, and replacements must be performed in accordance with the standards described in subsection (a).

  (e) A board inspector may place a "retain" tag on a scale that does not meet the requirements of this section. A board inspector is the only person that may remove such a tag. A scale that has been tagged may not be used as long as the tag is on the scale.

  (f) A product lot that is found to be out of compliance with net weight requirements upon testing in accordance with the methods prescribed in this section shall be handled as follows:

(1) A lot tested in an official establishment and found not to comply with the net weight requirements may be reprocessed and must be reweighed and remarked in accordance with the requirements of this section.

(2) A lot tested outside of an official establishment and found not to comply with net weight requirements must be reweighed and remarked with a proper net weight statement. Such reweighing and remarking may not deface, cover, or destroy any other marking or labeling required under this article. The net quantity of contents must be shown with the same prominence as the most conspicuous feature of a label.

(Indiana State Board of Animal Health; 345 IAC 9-17-20; filed Nov 24, 2010, 3:20 p.m.: 20101222-IR-345100122FRA; readopted filed Jul 11, 2016, 10:38 a.m.: 20160810-IR-345160135RFA)