TITLE 345 INDIANA STATE BOARD OF ANIMAL HEALTH
Proposed Rule
LSA Document #11-88
DIGEST
Adds
345 IAC 14 to establish standards of care for livestock and poultry. Effective 30 days after filing with the Publisher.
SECTION 1.
345 IAC 14 IS ADDED TO READ AS FOLLOWS:
ARTICLE 14. LIVESTOCK AND POULTRY CARE
Rule 1. Definitions and General Provisions
Authority:
IC 15-17-3
Sec. 1. The following definitions apply throughout this article:
(1) "Board" means the Indiana state board of animal health appointed under IC 15-17-3.
(2) "Custody" means a person has immediate charge and control of the animal, not necessarily ownership, with implicit responsibility for the protection and care of the animal.
(3) "Livestock" shall have the meaning set forth in IC 15-17-2-47(a).
(4) "Person responsible for caring for livestock or poultry" means any person with custody of the livestock or poultry.
(5) "Poultry" means farm-raised birds, such as the following:
(A) Chickens.
(B) Turkeys.
(C) Ducks.
(D) Geese.
(E) Guinea fowl.
(6) "Production method" means how the animals are being raised.
(7) "Shelter" means any man-made structure or natural feature that provides protection from the elements, such as a barn, shed, or lean-to and trees, bushes, or topographical features.
(8) "State veterinarian" means the state veterinarian appointed by the board under IC 15-17-4 and his or her authorized agents.
(Indiana State Board of Animal Health; 345 IAC 14-1-1)
Authority:
IC 15-17-3
Sec. 2. (a) The provisions of this article do not apply to the care of livestock and poultry used by a research facility that is regulated by the United States Department of Agriculture under the Animal Welfare Act (7 U.S.C. 2131 et seq. and 9 CFR Part 2, Subpart C).
(b) There is no violation of this article if:
(1) a person is unable to provide the required care due to an act of nature, such as a natural disaster; or
(2) care is withheld in a manner prescribed by a veterinarian.
(Indiana State Board of Animal Health; 345 IAC 14-1-2)
Rule 2. Standards of Care for All Livestock and Poultry
Authority:
IC 15-17-3
Sec. 1. A person responsible for caring for livestock or poultry must provide the animals access to food and water that can reasonably be expected to maintain the health of animals of that species, breed, sex, and age, raised using the applicable production method.
(Indiana State Board of Animal Health; 345 IAC 14-2-1)
Authority:
IC 15-17-3
Sec. 2. A person responsible for caring for livestock or poultry must provide the animals access to sufficient shelter from the weather when it can reasonably be expected to be necessary to maintain the health of animals of that species, breed, sex, and age, raised using the applicable production method.
(Indiana State Board of Animal Health; 345 IAC 14-2-2)
345 IAC 14-2-3 Animal disease, injury, and treatment
Authority:
IC 15-17-3
Sec. 3. (a) A person responsible for caring for livestock or poultry must take reasonable measures to protect the animals from an injury or disease that can reasonably be expected to seriously endanger the life or health of animals of that species, breed, sex, and age, raised using the applicable production method.
(b) A person responsible for caring for livestock or poultry with an injury or disease that seriously endangers the life or health of the animal must either:
(1) provide treatment that can reasonably be expected to be sufficient for animals of that species, breed, sex, and age, raised using the applicable production method; or
(2) euthanize the animal.
(Indiana State Board of Animal Health; 345 IAC 14-2-3)
Authority:
IC 15-17-3
Sec. 4. A person responsible for caring for livestock or poultry must provide the animals with an environment that can reasonably be expected to maintain the health of animals of that species, breed, sex, and age, raised using the applicable production method.
(Indiana State Board of Animal Health; 345 IAC 14-2-4)
Authority:
IC 15-17-3
Sec. 5. A person handling, restraining, or transporting livestock or poultry must use methods and equipment that can reasonably be expected to prevent an injury that would endanger the life or health of animals of that species, breed, sex, and age, raised using the applicable production method.
(Indiana State Board of Animal Health; 345 IAC 14-2-5)
Posted: 06/29/2011 by Legislative Services Agency
DIN: 20110629-IR-345110088PRA
Composed: Jun 30,2011 11:10:08AM EDT
A
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