Section 345IAC9-2-1. Establishments requiring inspection or a grant of exemption

   (a) Unless otherwise exempted, a person may not operate an establishment without receiving inspection service by the division. A person desiring to operate an establishment must meet at least one (1) of the following sets of requirements:

(1) A person may operate an official establishment by:

(A) meeting the requirements of the act and this article for an official establishment;

(B) applying to the division for inspection; and

(C) receiving a grant of inspection from the division;

prior to beginning operation.

(2) A person may operate a custom exempt establishment by:

(A) meeting the requirements of the act and this article for a custom exempt establishment;

(B) applying to the division for inspection; and

(C) receiving a grant of exemption from inspection from the division;

prior to beginning operation.

  (b) Establishments that must receive a grant of inspection under this section are those establishments that slaughter livestock or process meat, meat byproducts, or meat food products derived from livestock. Processing, for the purpose of this section, includes:

(1) canning;

(2) curing;

(3) salting;

(4) cooking;

(5) smoking;

(6) packing;

(7) rendering;

(8) manufacturing;

(9) freezing;

(10) drying; and

(11) any other similar operation;

that is conducted on meat.

  (c) Establishments conducting activities described in 9 CFR 303.1(a)(2) must receive a grant of exemption under this section.

  (d) The division shall inspect the construction, sanitation, and operation of an applicant's establishment according to this article prior to and after granting inspection services or an exemption from inspection services. The division may temporarily or permanently withdraw inspection services or a grant of exemption from an establishment for violations of the act and this article.

  (e) A person submitting an application for inspection under this section must include a description of the means by which the establishment will dispose of inedible products. The division shall approve the inedible disposal method if the proposed method complies with the act, this article, and IC 15-17-11.

  (f) A person conducting activities that are exempted by IC 15-17-5-11 is not required to apply for and maintain inspection.

  (g) The state veterinarian may refuse to provide, or withdraw, inspection service under this rule with respect to any establishment if he or she determines that the applicant or recipient is unfit to engage in any business requiring inspection under the act or rules adopted under the act because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted in a federal or state court of:

(1) any felony; or

(2) more than one (1) violation of any law, other than a felony;

based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This subsection shall not affect in any way other provisions of the act or rules adopted under the act for withdrawal of inspection services from establishments for any other reason. The state veterinarian's refusal or withdrawal action may be for a period of time or indefinitely as he or she deems necessary to effectuate the purposes of the act. The state veterinarian shall notify the applicant or recipient of the service of their opportunity for a hearing to review the action under IC 15-17-17. For the purpose of this section, a person shall be deemed to be responsibly connected with the business if he or she was a partner, an officer, a director, a holder, or an owner of ten percent (10%) or more of its voting stock, or an employee in a managerial or an executive capacity. (Indiana State Board of Animal Health; Reg HMP-1R,CH A,PT 2, Sec 2.1; filed Feb 11, 1972, 2:00 p.m.: Rules and Regs. 1973, p. 230; filed May 26, 1978, 3:30 p.m.: 1 IR 103; filed Dec 10, 1997, 11:30 a.m.: 21 IR 1301; filed Oct 30, 2000, 2:06 p.m.: 24 IR 677; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; filed Nov 24, 2010, 3:20 p.m.: 20101222-IR-345100122FRA; filed Sep 18, 2012, 2:21 p.m.: 20121017-IR-345120108FRA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 9-2-1) to the Indiana State Board of Animal Health (345 IAC 9-2-1) by P.L.137-1996, SECTION 76, effective July 1, 1996.