CHAPTER 1. MILK AND MILK PRODUCTS; PERMITS; STANDARDS; INSPECTIONS
IC 15-18
ARTICLE 18. DAIRY PRODUCTS
IC 15-18-1
Chapter 1. Milk and Milk Products; Permits; Standards;Inspections
IC 15-18-1-1
General provisions
Sec. 1. The following apply to this chapter:
(1) IC 15-17-2 (definitions).
(2) IC 15-17-16 (licensing).
(3) IC 15-17-17 (hearings).
(4) IC 15-17-19 (enforcement).
As added by P.L.2-2008, SEC.9.
IC 15-18-1-2
Adulterated or misbranded milk or milk products
Sec. 2. (a) A person may not produce, provide, sell, offer, displayfor sale, or have in possession with intent to sell milk or a milkproduct that is adulterated or misbranded.
(b) Adulterated or misbranded milk or a milk product may beimpounded by the board and disposed of in accordance withIC 16-42-1 and IC 16-42-2-6. For purposes of this section, referencesin IC 16-42-1 and IC 16-42-2-6 to:
(1) "state health commissioner" refer to the state veterinarian;and
(2) "department" refer to the board.
(c) Milk and milk products must conform to the standards in thischapter and in the rules adopted by the board. However, if there is anemergency, general, and acute shortage of milk in a milkshed, theboard may authorize the sale of pasteurized milk that does not fullymeet the requirements of this chapter.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-3
Permit requirements; application procedure
Sec. 3. (a) A person that operates a milk plant, operates areceiving station or transfer station, acts as a milk distributor, acts asa bulk milk hauler/sampler, operates a milk tank truck, operates adairy farm, operates a milk tank truck cleaning facility, operates abusiness that manufactures containers for milk or milk products, orany other person that does not possess a permit from the board maynot:
(1) bring, send, or receive into Indiana for sale;
(2) sell or offer for sale in Indiana; or
(3) store in Indiana;
any milk or milk products. Grocery stores, restaurants, sodafountains, and similar establishments where milk or milk productsare served or sold at retail, but not processed, are exempt from the
requirements of this section. The board may recognize a permitissued by another state for a truck used to transport milk instead ofissuing an Indiana permit for the same truck.
(b) To obtain a permit required by this chapter, a person mustsubmit a written application to the board, in the form prescribed bythe board.
(c) Only a person who complies with this chapter is entitled toreceive and retain a permit. Permits are not transferable with respectto persons or locations.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-4
Permit suspension
Sec. 4. (a) The board may suspend a permit issued under section3 of this chapter whenever:
(1) there is reason to believe that a public health hazard exists;
(2) the permit holder has violated any of the requirements ofthis chapter; or
(3) the permit holder has interfered with the board in theperformance of the board's duties.
(b) The board shall:
(1) in all cases except where the milk or milk product involvedcreates or appears to create an imminent hazard to the publichealth; or
(2) in any case of a willful refusal to permit authorizedinspection;
serve upon the permit holder a written notice of intent to suspend thepermit under IC 4-21.5. A suspension of a permit is effectiveimmediately and remains in effect until the violation has beencorrected to the satisfaction of the board.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-5
Temporary permits; application for reinstatement
Sec. 5. (a) When a permit has been suspended due to a violationof any of the bacterial, coliform, somatic cell, or cooling temperaturestandards, the board shall, not later than one (1) week after thereceipt of a written application for reinstatement of a permit, issue atemporary permit after determining by an inspection of the facilitiesand operating methods that the conditions responsible for theviolation have been corrected. Samples must then be taken at the rateof not more than two (2) per week on separate days within a three (3)week period, and the board shall reinstate the permit uponcompliance with the appropriate standard, as determined inaccordance with section 13 of this chapter.
(b) If a permit has been suspended due to a violation of a drugresidue test requirement or a requirement other than thebacteriological, coliform, somatic cell, or cooling temperaturestandards, the application for reinstatement must contain a writtenstatement that the violation has been corrected. Not later than one (1)
week after the receipt of an application, the board shall make aninspection of the applicant's establishment and as many subsequentadditional inspections as are considered necessary to determine thatthe applicant's establishment is complying with the requirements.When the findings justify, the permit must be reinstated. If a permithas been suspended due to drug residues, the permit shall bereinstated in accordance with section 17 of this chapter.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-6
Sanctions for repeated violations
Sec. 6. The board may refuse to issue or reissue, may suspend fora definite time, or may revoke permits issued under this chapter forrepeated violations of this chapter or a rule adopted by the board.The refusal to issue or revocation of a permit under this section mustbe conducted in accordance with IC 4-21.5.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-7
Permit expiration
Sec. 7. A permit issued under this chapter expires as follows:
(1) A bulk milk hauler/sampler permit expires on December 31of the third year after the year in which the permit was issued.
(2) A dairy farm permit expires upon an action listed insubdivisions (4) through (6).
(3) A permit, other than a bulk milk hauler/sampler permit anda dairy farm permit, expires on December 31 of the year inwhich the permit was issued. Permits issued within the lastthree (3) months of a year may be issued to expire on December31 of the following year.
(4) Upon discontinuance of operation for a period of ninety (90)days.
(5) Upon the revocation of the permit by the board.
(6) Upon the sale or other transfer of an operation to a differentowner or operator.
(7) For a milk distributor, milk plant, receiving station, transferstation, or milk tank truck cleaning facility, a transfer of theplace of business from one (1) building or room to another.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-8
Rulemaking
Sec. 8. The board may adopt rules under IC 4-22-2 to implementsections 3 through 7 of this chapter.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-9
Duty of board to inspect; inspection report; access to facilityrequired; prohibited use of trade secrets
Sec. 9. (a) The state veterinarian shall examine each application
for a permit required in this chapter. If the applicant for a permit hascomplied with all statutes and rules enforced by the board, the stateveterinarian shall cause the premises, location, equipment, andoperating practices of the applicant to be inspected not later than ten(10) days after the receipt of the application for a permit. If thepremises, location, equipment, and operating practices comply withthis article and the rules of the board, the state veterinarian shallissue a permit entitling the applicant to engage in the business forwhich the application was submitted.
(b) The board shall conduct the following inspections:
(1) Each dairy farm and transfer station at least one (1) timeevery six (6) months.
(2) Each milk plant and receiving station at least one (1) timeevery three (3) months.
In addition, following the issuance of a permit, the board may, todetermine compliance with this chapter, inspect the licensee'sfacility, procedures, and equipment.
(c) If the board finds a violation of the standards for Grade A milkadopted under section 14 of this chapter, a second inspection isrequired after the time thought necessary to remedy the violation butnot sooner than three (3) days after finding the violation. Thereinspection must be used to determine compliance with therequirements adopted under section 14 of this chapter. A violation ofthe same requirement on the reinspection results in permitsuspension in accordance with section 6 of this chapter or courtaction, or both.
(d) One (1) copy of the inspection report must be:
(1) handed to the operator or other responsible person; or
(2) posted in a conspicuous place on an inside wall of theestablishment.
The inspection report may not be defaced and must be madeavailable to the board upon request. An identical copy of theinspection report must be filed with the records of the board.
(e) A person licensed under this chapter shall, upon request of theboard, permit access of officially designated persons to all parts ofthe person's establishment or facilities to determine compliance withthis chapter. A distributor or plant operator shall furnish the board,upon request and for official use only, a true statement of the actualquantities of milk and milk products of each grade purchased andsold and a list of all sources of the milk and milk products, recordsof inspection, tests, and pasteurization time and temperature records.
(f) A person who, in an official capacity, obtains under thischapter any information that is entitled to protection as a trade secret,including information as to quantity, quality, source, or dispositionof milk or milk products, or results of inspections or tests, may notuse the information to the person's own advantage or reveal theinformation to an unauthorized person.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-10 Unsanitary conditions
Sec. 10. If the board finds unsanitary conditions existing inviolation of sanitary statutes or rules of the state or a violation of thischapter:
(1) on a dairy farm;
(2) in a milk plant, receiving station, transfer station, or milktank truck cleaning facility; or
(3) by a milk distributor, bulk milk hauler/sampler, owner of acan milk route, or owner of a milk tank truck;
the board shall, by notice in writing to the person committing theviolation, prohibit the sale or transportation of raw or pasteurizedmilk or milk products until the unsanitary condition or violation isremoved to the satisfaction of the board and the prohibition isterminated.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-11
Grader permit
Sec. 11. (a) A milk plant, receiving station, or transfer station thatreceives raw milk or raw cream from a producer of raw milk or rawcream shall employ at least one (1) approved grader.
(b) The board may issue an approved grader permit to a personwho meets the following requirements:
(1) The person has submitted an application for an approvedgrader permit to the board.
(2) The person has been trained by school or experience tograde and inspect raw milk or raw cream.
(3) The applicant has passed an examination given by the board.
(c) An application to renew an approved grader permit must bemade on forms prescribed by the board.
(d) A permit of approval does not authorize an approved grader tobe an official employee, an agent, or a representative of the board.An approved grader may not profess to be an employee, an agent, ora representative of the board.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-12
Labeling information; shipping statement
Sec. 12. (a) A bottle, container, or package enclosing milk, GradeA dry milk products, or milk products must be labeled in accordancewith the rules of the board.
(b) A vehicle or transport tank containing milk or milk productsmust be legibly marked with the name and address of the milk plantor hauler in possession of the contents.
(c) A tank transporting raw, heat treated, or pasteurized milk ormilk products to a milk plant from sources of supply not under theroutine supervision of the board must be marked with the name andaddress of the milk plant or hauler and must be sealed. In addition,for each shipment a shipping statement must be prepared containingat least the following information: (1) The shipper's name, address, and permit number.
(2) The permit number of the hauler, if the hauler is not anemployee of the shipper.
(3) The point of origin of shipment.
(4) The tanker identity number.
(5) The name of the product.
(6) The weight of the product.
(7) The grade of the product.
(8) The temperature of the product.
(9) The date of shipment.
(10) The name of the supervising agent of the state regulatoryauthority at the point of origin.
(11) Whether the contents are raw, pasteurized, or heat treated.
(12) The seal number on inlet, outlet, and wash connections andvents.
(13) The grade of the product.
(14) The antibiotic test results.
(d) The statement must be prepared in triplicate and must be kepton file by the shipper, the consignee, and the carrier for six (6)months for the information of the board.
(e) The labeling information that is required on all bottles,containers, or packages of milk or milk products must be in letters ofan acceptable size, kind, and color satisfactory to the board and mustcontain no marks or words that are misleading.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-13
Samples; testing and examination; written notice upon exceedingstandards
Sec. 13. (a) Samples of raw and processed milk and milk productsmust be collected as required under this section and rules adopted bythe board as follows:
(1) A bulk milk hauler/sampler shall collect a representativesample of the milk from each farm tank before collecting themilk for delivery. Each sample must be labeled so as to identifythe farm of origin. Each sample must be delivered to a milkplant, receiving station, transfer station, or other locationapproved by the board.
(2) During any consecutive six (6) months, at least four (4)samples of raw milk for pasteurization must be collected fromeach milk producer. The samples must be taken at least twenty(20) days apart.
(3) During any consecutive six (6) months, at least four (4)samples of raw milk for pasteurization must be collected fromeach milk plant, after receipt of the milk by the milk plant andbefore pasteurization. The samples taken from the producer maynot be taken in the same month and the samples must be takenat least twenty (20) days apart.
(4) During any consecutive six (6) months, at least four (4)samples of pasteurized milk, heat treated milk, and at least four
(4) samples of milk products and Grade A dry milk productsmust be taken from every milk plant. The samples must betaken at least twenty (20) days apart.
Samples of milk and milk products must be taken while in possessionof the producer or distributor at any time before final delivery.Samples of milk and milk products from dairy retail stores, foodservice establishments, grocery stores, and other places where milkand milk products are sold must be examined periodically asdetermined by the board, and the results of the examination must beused to determine compliance with this chapter. Proprietors of suchestablishments must furnish the board, upon the board's request, withthe names of all distributors from whom milk or milk products areobtained.
(b) Bacterial counts, somatic cell counts, and cooling temperaturechecks must be performed on raw milk for pasteurization as requiredby the board.
(c) In addition, antibiotic tests on milk from each producer's farmmust be conducted at least four (4) times during any consecutive six(6) months, but not in the same month. Antibiotic testing ofcommingled milk from bulk milk vehicles must be conducted asspecified by the United States Food and Drug Administration or theboard. When commingled milk is tested, all producers must berepresented in the sample. All individual sources of milk must betested when test results on the commingled milk are positive. Themilk plant, receiving station, or transfer station shall conduct or haveconducted all tests required by the board on milk producer raw milksample laboratory analyses and forward the results of the analyses tothe board.
(d) Bacterial counts, coliform determinations, phosphatase, andcooling temperature checks must be performed on pasteurized milkand milk products as required by rules adopted by the board.
(e) Whenever two (2) of the last four (4) consecutive bacteriacounts, somatic cell counts, coliform determinations, or coolingtemperatures taken on separate days exceed the limit of the standardfor milk or milk products, the board shall send a written notice to theperson concerned. This notice remains in effect as long as two (2) ofthe last four (4) consecutive samples exceed the limit of the standard.An additional sample must be taken not later than twenty-one (21)days after sending the notice, but not before the lapse of three (3)days. Immediate suspension of a permit or court action, or both, shallbe instituted whenever the standard is violated by three (3) of the lastfive (5) bacteria counts, somatic cell counts, coliform determinations,or cooling temperatures.
(f) Whenever a phosphatase test is positive, the cause must bedetermined. If the cause is improper pasteurization, the problem mustbe corrected, and any milk or milk product involved may not beoffered for sale.
(g) Samples must be analyzed at an official laboratory orappropriate officially designated laboratory. All sampling proceduresand required laboratory examinations must be in substantial
compliance with the most current edition of the Standard Methodsfor the Examination of Dairy Products of the American Public HealthAssociation and the most current edition of the Official Methods ofAnalyses of AOAC International. These procedures andexaminations must be evaluated in accordance with the methods ofevaluating milk laboratories recommended by the United States Foodand Drug Administration. Aseptically processed milk and milkproducts packaged in hermetically sealed containers must be testedin accordance with the United States Food and Drug Administration'sBacteriological Analytical Manual.
(h) Examinations and tests must be conducted to detectadulterants, including pesticides, as the board requires. Assays ofvitamin D milk or milk products and fortified milk and milk productsmust be made at least annually by a milk plant in a laboratoryacceptable to the board. Facilities fortifying products with vitaminsmust keep volume control records that cross-reference the form andamount of vitamin D and vitamin A used with the amount of productproduced.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-14
Compliance with federal standards
Sec. 14. (a) Raw milk for processing and milk and milk productsmust conform to all the standards in the rules adopted by the board.
(b) The board shall adopt a rule and may adopt emergency rulesunder IC 4-22-2-37.1 to establish standards for Grade A milk andmilk products. The standards adopted under this section must be:
(1) the same as; or
(2) at least as effective in protecting health as;
the federal standards for Grade A milk adopted by the NationalConference on Interstate Milk Shipments in accordance with thenational conference's Memorandum of Understanding with theUnited States Department of Health and Human Services, Food andDrug Administration, including amendments to the federal standardsin effect June 30, 1993.
(c) The board shall determine when an amendment to federalstandards described in subsection (b) has been adopted. If the boarddetermines that an amendment to the federal standards has beenadopted, the board shall adopt rules and may adopt emergency rulesunder IC 4-22-2-37.1 to amend the rules adopted by the board undersubsection (b) to provide a standard that is:
(1) the same as; or
(2) at least as effective in protecting health as;
the amendment to the federal standards for Grade A milk.
(d) The board may adopt standards for the production ofmanufacturing grade milk products.
(e) The board may do the following:
(1) Adopt rules defining grades of raw milk and milk productsand various tests to be made at different intervals in the receiptof raw milk and milk products for the manufacturing or
processing of milk and milk products.
(2) Adopt sanitary rules concerning the sampling, production,manufacturing, processing, handling, packing, storing,distributing, and transporting of milk and milk products for theenforcement of this chapter.
(3) Provide that raw milk and milk products that do not meet theminimum standards provided and that are unfit for humanconsumption be destroyed or removed from distributionchannels for human food in a manner provided by rule.
(4) Require training for bulk milk hauler/samplers.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-15
Sale of milk and milk products
Sec. 15. (a) A person may not manufacture, sell, exchange, orhave in the person's possession with intent to sell or exchange anymilk or milk product that:
(1) does not conform to at least the minimum standardsestablished and approved by the board; or
(2) is packaged in a container or wrapping with labeling that hasnot been approved by the board.
(b) A person may not manufacture, sell, exchange, or deliver, orhave in the person's possession with intent to sell, exchange, ordeliver, milk, cream, skim milk, condensed milk, evaporated milk, orpowdered milk that:
(1) is mixed with sugar, eggs, flavors, or other substances;
(2) is:
(A) made in imitation or semblance of ice cream; or
(B) calculated or intended to be sold as ice cream or for icecream; and
(3) does not conform with the standards for ice cream asapproved and adopted by the board.
(c) This chapter does not prohibit the delivery to and the receivingof identifiable refillable milk containers by exchanges in the usualcourse of business and for the bona fide purpose of returning thecontainers to the lawful owners.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-16
Drug residue violation screenings; violations
Sec. 16. (a) Milk must be screened for drug residue violations asfollows:
(1) Except as provided in subdivision (2), milk shall bescreened for drug residues as required by this chapter and rulesadopted by the board. The board may adopt rules governingtesting for drug residues in milk that are at least as effective inprotecting the public health as the federal standards adopted bythe National Conference on Interstate Milk Shipments in thePasteurized Milk Ordinance.
(2) Milk from manufacturing grade dairy farms shall be tested
for drug residues as required by this chapter and rules adoptedby the board.
(3) All milk that tests positive for drug residues must bedisposed of in a manner that removes it from the human andanimal food chain or that acceptably reconditions the milkunder United States Health and Human Services, Food andDrug Administration compliance policy guidelines. In all casesof drug residue violations, a producer may not resume shippingmilk until a drug test conducted by an officially designatedlaboratory shows the producer's milk is negative for drugresidues and the test results are reported to the office of thestate veterinarian.
(4) All positive drug residue test results must be called into theoffice of the state veterinarian immediately, and a written reportof the test results must be faxed or delivered to the office of thestate veterinarian not later than twenty-four (24) hours after thetest. The producer whose milk tested positive must be notifiedof the positive drug residue test immediately. The company thatconducted the test is responsible for the reporting requirementsin this subdivision.
(b) The board may impose a civil penalty described in section 17of this chapter on a person that sells or offers to sell milk thatcontains drug residues.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-17
Calculation of civil penalties; other sanctions
Sec. 17. (a) The following definitions apply throughout thissection:
(1) "Daily production" means the amount of milk, measured byhundred weight, produced by the positive producer in one (1)day, measured on the day in which the drug residue violationoccurred.
(2) "Producer reimbursement" means an amount assessedagainst the positive producer to reimburse others for milkcontaminated by the positive producer's contaminated milk, notincluding the value of the positive producer's contaminated milkfor which the positive producer was not paid.
(3) "Revocation period" means the period after a Grade Aproducer's permit is revoked under this section that the producermay not apply for a Grade A permit.
(b) A penalty established under this section may not be moresevere than the penalty standard for drug residue violations adoptedby the National Conference on Interstate Milk Shipments in itsPasteurized Milk Ordinance adopted in accordance with the NationalConference's Memorandum of Understanding with the United StatesDepartment of Health and Human Services, Food and DrugAdministration. The penalty imposed may not exceed one thousanddollars ($1,000) for a first offense or two thousand dollars ($2,000)for a subsequent offense. (c) A producer whose milk tests positive for drug residues shallpay a civil penalty and participate in drug residue education activitiesas follows:
(1) The following is imposed on a producer for the first positivetest for drug residues within a twelve (12) month period:
(A) The civil penalty shall be determined as follows:
STEP ONE: Multiply the daily production by two (2).
STEP TWO: Multiply the STEP ONE result by threedollars ($3).
STEP THREE: Subtract the producer reimbursement fromthe STEP TWO result.
The positive producer shall pay a civil penalty that is thegreater of the amount determined in STEP THREE or fivedollars ($5).
(B) The positive producer must, in conjunction with theproducer's veterinarian and an official of the board, completethe "Milk and Dairy Beef Residue Prevention Protocol" andprovide proof of completion to the board of animal health,office of the state veterinarian within thirty (30) days afterthe drug residue violation. Failure to complete the protocoland submit proof of completion within thirty (30) daysresults in action to suspend the producer's permit.
(2) The following is imposed for a second positive test for drugresidues within a twelve (12) month period:
(A) The civil penalty shall be determined as follows:
STEP ONE: Multiply the daily production by four (4).
STEP TWO: Multiply the STEP ONE result by threedollars ($3).
The positive producer shall pay a civil penalty that is thegreater of the amount determined in STEP TWO or fivedollars ($5).
(B) The positive producer must, in conjunction with theproducer's veterinarian and an official of the board, completethe "Milk and Dairy Beef Residue Prevention Protocol" andprovide proof of completion to the state veterinarian withinthirty (30) days after the drug residue violation. Failure tocomplete the protocol and provide proof of completionresults in action to suspend the producer's permit.
(C) The producer must attend a producer education programor meeting designated by the state veterinarian. Theproducer is responsible for paying registration and materialfees and other costs associated with attending the educationprogram or meeting. The producer must provide proof ofattendance to the state veterinarian within ten (10) days aftercompletion of the program or meeting.
(3) The third positive test result for drug residues within atwelve (12) month period has the following results:
(A) The board shall revoke a producer's Grade A permit ifthe producer has a permit.
(B) The sanctions for a second offense set forth in
subdivision (2) are imposed.
(C) The producer must submit to the state veterinarian a setof written procedures that the producer will follow toprevent future drug residue violations. The procedures mustbe submitted with the proof of completion required insubdivision (2) and must be specific, practical, andreasonably likely to lessen the possibility of a drug residueviolation when followed by the producer.
(D) After a producer's Grade A permit is revoked for a thirdoffense violation under this statute, the producer may notreceive a new Grade A permit for thirty (30) days after thedate of the revocation. After this period, the stateveterinarian must issue a conditional Grade A permit to aproducer that has applied for a permit if the producer hasmet all the requirements of this section at the time ofapplication and the producer meets all other requirements ofthe board for obtaining a Grade A permit. The permit mustbe issued on the condition that all the requirements of thissection must be completed within the time set forth in thissection. A permit issued under this clause automaticallybecomes unconditional after the producer fully complieswith this section.
(4) For each drug residue violation in a twelve (12) monthperiod in excess of three (3) the producer is subject to thepenalties for a third offense in subdivision (3), but for Grade Aproducers the revocation period begins on the date theproducer's permit is revoked and runs for a period equal to two(2) times the length of the revocation period imposed after theproducer's last drug residue violation.
(d) The state veterinarian, by special permit, may allow a producerthat objects to the imposition of a civil penalty to dump two (2) daysof milk production on a first offense and four (4) days of milkproduction on the second or third offense instead of paying a civilpenalty if payment of a civil penalty would impose undue hardshipon a producer. The state veterinarian may set the conditions underwhich the milk is to be dumped and may require documentation fromthe producer showing the circumstances under which the milk wasdumped.
(e) Civil penalties collected under this section shall be depositedin the dairy drug residue abatement fund established by section 31 ofthis chapter.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-18
Diagnosis of tuberculosis, brucellosis, and other diseases in dairycattle
Sec. 18. (a) Milk for pasteurization must be from herds that arelocated in a modified accredited tuberculosis free area as determinedby the United States Department of Agriculture. Herds located in anarea that fails to maintain accredited status must be accredited by the
United States Department of Agriculture as tuberculosis free or musthave passed an annual tuberculosis test.
(b) Milk for pasteurization must be from herds under a brucellosiseradication program that meets one (1) of the following conditions:
(1) Is located in certified brucellosis free areas as defined by theUnited States Department of Agriculture and enrolled in thetesting program for the area.
(2) Meets United States Department of Agriculturerequirements for an individually certified herd.
(3) Participates in a milk ring testing program that is conductedon a continuing basis at intervals of at least every six (6)months with individual blood tests on all animals in herdsshowing suspicious reactions to the milk ring tests.
(4) Conducts an individual blood agglutination test annuallywith an allowable maximum grace period not exceeding two (2)months.
(c) Goat milk and sheep milk for pasteurization must be from aherd or flock that meets health requirements adopted by rule of theboard.
(d) For a disease other than brucellosis and tuberculosis and forconditions other than disease that may adversely affect public health,the board shall require physical, chemical, or bacteriological tests asthe board considers necessary. The diagnosis of other diseases indairy cattle, goats, and sheep must be based upon the findings of alicensed veterinarian or a veterinarian employed by an officialagency. A diseased animal must be disposed of as the board directs.
(e) Records documenting the tests required in this section shall bevalidated with the signature of a licensed veterinarian accredited bythe United States Department of Agriculture or a board veterinarian.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-19
Storage of raw milk
Sec. 19. Raw milk from dairy farms that do not have a validpermit from the board to sell Grade A raw milk for pasteurizationmust be cooled to sixty (60) degrees Fahrenheit and be maintainedat that temperature at the point of origin unless the milk is deliveredto a receiving station or transfer station not later than two (2) hoursafter milking.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-20
Sale of Grade A milk products; labeling requirements
Sec. 20. (a) Only Grade A pasteurized milk, Grade A pasteurizedmilk products, and manufacturing grade milk products that meet therequirements of this chapter, including rules adopted under thischapter, may be sold to the final consumer or to restaurants, sodafountains, grocery stores, or similar establishments.
(b) A municipality or county may not do the following:
(1) Impose different standards or requirements for Grade A milk
and milk products or manufacturing grade milk products thanthose provided for in this chapter.
(2) Prohibit the sale of milk or a milk product if the milk ormilk product has been produced and processed in accordancewith this chapter.
(c) A milk product other than a milk product that bears a Grade Alabel must meet the requirements for the production, processing, andhandling of Grade A milk. This labeling requirement does not applyto butter or to any other product that is excluded by rules of theboard.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-21
Pasteurization; exceptions
Sec. 21. (a) A person may not offer, display for sale, sell, deliver,or have possession of with intent to sell or deliver milk or milkproducts for human consumption unless every particle of the finalmixture of the milk or milk products used in processing ormanufacture has been thoroughly pasteurized by equipment approvedby the board.
(b) The provisions of this chapter governing pasteurization do notapply to a person selling or offering for sale cheddar cheese that hasbeen made from unpasteurized milk if:
(1) the cheese was made from unpasteurized milk and has beencured or ripened for at least sixty (60) days at a controlledtemperature of at least thirty-five (35) degrees Fahrenheit; or
(2) the cheese is manufactured solely to be made into processedcheese that is pasteurized during the blending or manufacturingprocess.
Varieties of cheese other than that of the cheddar type made fromunpasteurized milk must be ripened for the time and under theconditions prescribed by rule of the board. Cheese made fromunpasteurized milk and offered or displayed for sale to the consumermust be labeled by the manufacturer or distributor with themanufacturer's or distributor's name and address or an equivalentidentifying number or symbol and with the date of manufacture or astatement to the effect that the cheese has been cured or ripened forat least sixty (60) days.
(c) A pasteurizer of any milk or milk products must be equippedwith accurate indicating thermometers and accurate recordingthermometers and, for vat pasteurization equipment, an accurateairspace thermometer of a type approved by the board. Eachrecording thermometer chart must be dated and numbered and mustshow the amount in gallons, the kind of product pasteurized, theaccurate readings of the indicating thermometers and airspacethermometers, the time the reading was made, and the operator'sinitials. Each chart may not be used for more than one (1) day ofoperations. The records of the pasteurization of each batchpasteurized must be retained for at least ninety (90) days.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-22
Transfer of milk products; storage containers
Sec. 22. (a) Except as permitted in this section, a milk produceror distributor may not transfer milk or milk products from one (1)container or tank truck to another on the street, in a vehicle, store, orin any place except a milk plant, receiving station, transfer station,or milkhouse especially used for that purpose. The dipping or ladlingof milk or fluid milk products is prohibited. A can milk hauler or abulk milk hauler/sampler may not sample raw milk or milk productsto test for butterfat or transfer raw milk or milk products from one (1)can or vehicle to another while in transit except in a receivingstation, transfer station, or in conformity with the statutes and rulesenforced by the board.
(b) A person may not sell or serve milk or a fluid milk productexcept in the individual original container received from thedistributor or from an approved bulk dispenser. However, thisrequirement does not apply to the following:
(1) Milk for mixed drinks requiring less than one-half (1/2) pintof milk.
(2) Cream, whipped cream, or half-and-half that is consumed onthe premises and that may be served from the original containerof not more than one-half (1/2) gallon capacity or from a bulkdispenser approved for such service by the board.
(c) A person may not sell or serve pasteurized milk or a milkproduct that has not been maintained at a temperature required byrule adopted by the board. If containers of pasteurized milk or milkproducts are stored in ice, the storage container must be properlydrained.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-23
Milk cans and receptacles
Sec. 23. (a) A person may not place or cause to be placed in amilk can or receptacle any sweepings, refuse, dirt, litter, garbage,filth, or any other animal or vegetable substance liable to decay andtending to produce or promote an unsanitary condition.
(b) A person may not allow a can or receptacle to remainuncleaned or bring or deliver to a person an uncleaned can or areceptacle for the purpose of return or bring or deliver any milk,cream, or ice cream can or receptacle for the purpose of delivery orshipment to any person or creamery engaged in selling or shippingsubstances for consumption as human food when the can orreceptacle contains particles of milk, cream, ice cream, or othersubstance prohibited from being placed there.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-24
Conditions for sale of products from outside Indiana
Sec. 24. Milk and milk products from outside Indiana and notsubject to the board's inspection may be sold in Indiana if the
following conditions are met:
(1) The milk and milk products are produced and pasteurizedunder rules that are substantially equivalent to this chapter.
(2) The milk and milk products have been awarded anacceptable milk sanitation compliance and enforcement ratingmade by a state milk sanitation rating officer certified by theUnited States Food and Drug Administration.
(3) The milk originates from an area where the unit ofgovernment accepts Indiana Grade A milk and milk productscertified by an Indiana sanitation rating officer.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-25
Employees affected by communicable diseases
Sec. 25. (a) A person who is affected with a disease in acommunicable form or who is a carrier of a disease may not work ata dairy farm or milk plant in any capacity that brings the person intocontact with the production, handling, storage, or transportation ofmilk, milk products, containers, equipment, or utensils.
(b) A dairy farm or milk plant operator may not employ a personwho is:
(1) affected with or who is suspected of having a communicabledisease; or
(2) a carrier or who is suspected of being a carrier of acommunicable disease;
in any capacity that brings the person into contact with theproduction, handling, storage, or transportation of milk, milkproducts, containers, equipment, or utensils.
(c) A producer or distributor of milk or milk products shall notifythe board immediately if any of the following occur:
(1) A communicable disease occurs on the producer's ordistributor's dairy farm or milk plant.
(2) The producer or distributor of milk or milk productssuspects that an employee has contracted or has become acarrier of a disease in a communicable form.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-26
Powers of board upon suspicion of infection
Sec. 26. When reasonable cause exists to suspect the possibilityof transmission of infection from a person concerned with thehandling of milk or milk products, the board may require any or allof the following measures:
(1) The immediate exclusion of the person from milk handling.
(2) The immediate exclusion of the milk supply concerned fromdistribution and use.
(3) Adequate medical and bacteriological examination of theperson, the person's associates, and their body discharges.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-27
Submission of plans for approval
Sec. 27. Properly prepared plans for each milkhouse, milkingbarn, stable, parlor, transfer station, milk plant, milk tank truckcleaning facility, and receiving station regulated under this chapterthat is constructed, reconstructed, or extensively altered must besubmitted to the board for written approval before work is begun.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-28
Duties of board to administer rules and enforce chapter
Sec. 28. (a) The board shall employ personnel necessary toadequately and efficiently enforce this chapter and the rules adoptedunder IC 4-22-2.
(b) The board may negotiate agreements with state and localgovernmental agencies necessary in the opinion of the board toprovide for the proper administration of this chapter.
(c) The board may enter into reciprocal agreements with federalor state milk control agencies having standards substantiallyequivalent with this chapter and that are enforced with equaleffectiveness.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-29
Enforcement by board
Sec. 29. The board shall enforce this chapter in accordance withthe rules adopted under section 14 of this chapter and IC 15-17-3-21.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-30
Inspections; performance of official duties
Sec. 30. A person who is licensed under this chapter or who isengaged in:
(1) the production, transportation, processing, or packaging ofraw or pasteurized milk and milk products;
(2) the business of selling or distributing products described insubdivision (1) for human consumption; or
(3) the business of manufacturing containers for milk and milkproducts;
may not prevent the inspectors and agents of the board fromperforming official duties.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-31
Dairy drug residue abatement fund
Sec. 31. (a) The dairy drug residue abatement fund is establishedto implement education and other programs designed to prevent drugresidue violations. Money in the fund is appropriated for thesepurposes.
(b) The fund consists of civil penalties collected under section 17
of this chapter.
(c) The board shall administer the fund.
(d) The expenses of administering the fund shall be paid frommoney in the fund.
(e) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(f) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-32
Board enforcement; inspections; authority to enter
Sec. 32. The board shall enforce this chapter and for that purposemay enter upon and inspect premises on which containers are stored,suspected of being stored, or trafficked in or on premises where rawor pasteurized milk or milk products are produced, purchased,received, transferred, transported, stored, processed, or put incontainers to be offered for sale or sold or distributed for humanconsumption.
As added by P.L.2-2008, SEC.9.
IC 15-18-1-33
Violations
Sec. 33. (a) A person who recklessly violates or fails to complywith this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-2008, SEC.9.