Sec. 12. (a) Except as provided in subsection (b), the board is not required to furnish meat or poultry inspection under this chapter:

(1) for more than eight (8) hours in one (1) day;

(2) for more than forty (40) hours in one (1) calendar week; or

(3) on Saturdays, Sundays, or the following legal holidays:

(A) New Year‘s Day.

(B) Washington’s Birthday.

(C) Memorial Day.

(D) Martin Luther King, Jr. Day.

(E) Columbus Day.

(F) Independence Day.

(G) Labor Day.

(H) Veterans Day.

(I) Thanksgiving Day.

(J) Christmas.

     (b) If the operator of an establishment under inspection pays to the board an hourly fee for each hour of state meat or poultry inspection furnished:

(1) more than eight (8) hours in one (1) day;

(2) more than forty (40) hours in one (1) calendar week; or

(3) on Saturdays, Sundays, and legal holidays;

the board shall furnish the inspection service.

     (c) Subject to the approval of the budget agency, the board shall establish an hourly rate for overtime at an amount sufficient to defray the cost of the inspection service. The establishment shall reimburse the board not later than thirty (30) days after assessment for overtime or legal overtime fees collected under this chapter. The fees must be deposited with the treasurer of state. All overtime fees deposited with the treasurer of state under this subsection are appropriated to the budget agency for allotment to the board for the administration and enforcement of this chapter.

     (d) The board may assign inspection personnel to more than one (1) establishment in order to efficiently use board personnel and resources.

[Pre-2008 Recodification Citation: 15-2.1-24-14.]

As added by P.L.2-2008, SEC.8.