Terms Used In Indiana Code > Title 16 > Article 42 - Regulation of Food, Drugs, and Cosmetics

• Administratrix: The female counterpart of an administrator. See also
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: whenever used in this chapter , means and includes any board, bureau, commission, department, agency, or instrumentality of the state of Indiana; provided, however, this chapter shall not be construed to apply where:

  Indiana Code 4-6-5-6

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• antibiotic drug: means any drug intended for use by man containing any quantity of any chemical substance that is produced by microorganisms and that has the capacity to inhibit or destroy microorganisms in dilute solution, including the chemically synthesized equivalent of the substance. See Indiana Code 16-42-3-1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• biological product: means :

  Indiana Code 16-42-25-1

• biosimilar: refers to a biological product that:

  Indiana Code 16-42-25-2

• brand name: means the proprietary or trade name selected by the drug manufacturer and placed upon a drug or the drug's container, label, or wrappings at the time of packaging. See Indiana Code 16-42-22-1
• certificate: means a certificate, letter, or other document that verifies that the individual has passed an accreditation examination given by an accredited testing service recognized by the Conference for Food Protection or an equivalent nationally recognized certification program as determined by the state department. See Indiana Code 16-42-5.2-3.7
• certificate of free sale: means a document that:

  Indiana Code 16-42-18.5-1

• certified food protection manager: means a food handler who holds a certificate. See Indiana Code 16-42-5.2-4
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• competent attorney: as used in this chapter , means a citizen of this state who has been duly licensed to practice law in this state. See Indiana Code 4-6-5-6
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• controlled substance: has the meaning set forth in IC 35-48-1. See Indiana Code 16-42-21-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• customer: means the individual for whom a prescription is written or electronically transmitted or the individual's representative. See Indiana Code 16-42-22-3
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Docket: A log containing brief entries of court proceedings.
• drug: means the following:

  Indiana Code 16-42-19-2

• drug order: means an order that meets the following conditions:

  Indiana Code 16-42-19-3

• drug sample: means a legend drug or a controlled substance that is manufactured, packaged, labeled, or otherwise marketed to be distributed and dispensed without consideration. See Indiana Code 16-42-21-2
• end consumer: means a person who is the last person to purchase any food product and who does not resell the food product. See Indiana Code 16-42-5.3-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Executrix: The female counterpart of an executor. See also
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• flour: means the following foods as defined in the definitions and standards of identity adopted by the state department:

  Indiana Code 16-42-10-2

• food handling machinery: means any of the following used for and in food handling:

  Indiana Code 16-42-5-2.3

• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• generically equivalent drug product: means a multiple source drug product:

  Indiana Code 16-42-22-4

• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• interchangeable: means :

  Indiana Code 16-42-25-3

• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• local health department: refers to :

  Indiana Code 16-42-5.1-1

• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• mobile retail food establishment: means a retail food establishment that is readily moveable. See Indiana Code 16-42-5.1-2
• mobile retail food establishment permit: refers to a permit issued by a local health department for the operation of a mobile retail food establishment. See Indiana Code 16-42-5.1-3
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, or an unincorporated organization to the extent the person is engaged in the commercial manufacture or sale of flour, white bread, or rolls. See Indiana Code 16-42-10-3
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• practitioner: means any of the following:

  Indiana Code 16-42-19-5

• practitioner: means any of the following:

  Indiana Code 16-42-21-3

• practitioner: means any of the following:

  Indiana Code 16-42-22-4.5

• precursor: means a substance, other than a legend drug, that:

  Indiana Code 16-42-19-6

• prescriber: means any of the following:

  Indiana Code 16-42-27-1

• prescription: means :

  Indiana Code 16-42-19-7

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• qualified patient: means a patient who meets the requirements under Indiana Code 16-42-26-3
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• roadside stand: means a structure, including a tent, stand, vehicle, or trailer that is:

  Indiana Code 16-42-5.3-1

• rolls: includes the following:

  Indiana Code 16-42-10-4

• sale: means every sale and includes the following:

  Indiana Code 16-42-19-8

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• solid waste: has the meaning set forth in IC 13-11-2-205(a). See Indiana Code 16-42-18-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• substitute: means to dispense a generically equivalent drug product in place of the brand name drug product prescribed by the practitioner. See Indiana Code 16-42-22-5
• Summons: Another word for subpoena used by the criminal justice system.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• truck: has the meaning set forth in IC 9-13-2-188(a). See Indiana Code 16-42-18-2
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Venue: The geographical location in which a case is tried.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• white bread: means any bread, whether baked in a pan or on a hearth or screen, that is commonly known or usually represented and sold as white bread, including Vienna bread, French bread, and Italian bread. See Indiana Code 16-42-10-5
• wholesaler: means a person engaged in the business of distributing legend drugs that the person has not produced or prepared to persons included in any of the classes named in section 21 of this chapter. See Indiana Code 16-42-19-10
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5