3-605. Federal milk ordinance; health and
sanitation provisions


A. Unless inconsistent with this chapter, the production, transportation, handling
and sale of milk and milk products and the inspection of dairy herds, dairies and milk
plants shall be regulated in accordance with the terms of the federal milk ordinance.


B. The words "health authority" when used in the federal milk ordinance means the
director or the director's authorized representative.


C. Powers and duties in the federal milk ordinance relating to health and
sanitation are vested in the director. In addition, the director shall adopt rules
necessary to assure that all milk and milk products sold or distributed for human
consumption are free from unwholesome, poisonous or other foreign substances and filth,
insects or disease-causing organisms. The rules shall prescribe reasonably necessary
measurements governing the production, processing, labeling, storing, handling and
transportation of milk and milk products. The rules shall prescribe minimum standards
for the sanitary facilities and conditions that shall be maintained in any dairy or other
facility and in any truck or other vehicle in which milk or milk products are produced,
processed, handled or transported. The rules shall provide for the inspection and
licensing of premises and vehicles so used, and for abatement as public nuisances of any
premises or vehicles that do not comply with rules and minimum standards. This subsection
and the rules prescribed pursuant to this subsection do not apply to dispensing and
selling frozen desserts at retail.


D. The provisions of the federal milk ordinance apply to this state.