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, display
for sale, or have in possession with intent to sell milk or a milk
product that is adulterated or misbranded.
(b) Adulterated or misbranded milk or a milk product may be
impounded by the board and disposed of in accordance with
IC 16-42-1 and IC 16-42-2-6. For purposes of this section, references
in 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 this
chapter and in the rules adopted by the board. However, if there is an
emergency, general, and acute shortage of milk in a milkshed, the
board may authorize the sale of pasteurized milk that does not fully
meet 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 a
receiving station or transfer station, acts as a milk distributor, acts as
a bulk milk hauler/sampler, operates a milk tank truck, operates a
dairy farm, operates a milk tank truck cleaning facility, operates a
business that manufactures containers for milk or milk products, or
any other person that does not possess a permit from the board may
not:
(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, soda
fountains, and similar establishments where milk or milk products
are served or sold at retail, but not processed, are exempt from the
requirements of this section. The board may recognize a permit
issued by another state for a truck used to transport milk instead of
issuing an Indiana permit for the same truck.
(b) To obtain a permit required by this chapter, a person must
submit a written application to the board, in the form prescribed by
the board.
(c) Only a person who complies with this chapter is entitled to
receive and retain a permit. Permits are not transferable with respect
to 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 section
3 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 of
this chapter; or
(3) the permit holder has interfered with the board in the
performance of the board's duties.
(b) The board shall:
(1) in all cases except where the milk or milk product involved
creates or appears to create an imminent hazard to the public
health; or
(2) in any case of a willful refusal to permit authorized
inspection;
serve upon the permit holder a written notice of intent to suspend the
permit under IC 4-21.5. A suspension of a permit is effective
immediately and remains in effect until the violation has been
corrected 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 violation
of any of the bacterial, coliform, somatic cell, or cooling temperature
standards, the board shall, not later than one (1) week after the
receipt of a written application for reinstatement of a permit, issue a
temporary permit after determining by an inspection of the facilities
and operating methods that the conditions responsible for the
violation have been corrected. Samples must then be taken at the rate
of not more than two (2) per week on separate days within a three (3)
week period, and the board shall reinstate the permit upon
compliance with the appropriate standard, as determined in
accordance with section 13 of this chapter.
(b) If a permit has been suspended due to a violation of a drug
residue test requirement or a requirement other than the
bacteriological, coliform, somatic cell, or cooling temperature
standards, the application for reinstatement must contain a written
statement that the violation has been corrected. Not later than one (1)
week after the receipt of an application, the board shall make an
inspection of the applicant's establishment and as many subsequent
additional inspections as are considered necessary to determine that
the applicant's establishment is complying with the requirements.
When the findings justify, the permit must be reinstated. If a permit
has been suspended due to drug residues, the permit shall be
reinstated 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 for
a definite time, or may revoke permits issued under this chapter for
repeated violations of this chapter or a rule adopted by the board.
The refusal to issue or revocation of a permit under this section must
be 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 31
of the third year after the year in which the permit was issued.
(2) A dairy farm permit expires upon an action listed in
subdivisions (4) through (6).
(3) A permit, other than a bulk milk hauler/sampler permit and
a dairy farm permit, expires on December 31 of the year in
which the permit was issued. Permits issued within the last
three (3) months of a year may be issued to expire on December
31 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 different
owner or operator.
(7) For a milk distributor, milk plant, receiving station, transfer
station, or milk tank truck cleaning facility, a transfer of the
place 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 implement
sections 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 facility
required; 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 has
complied with all statutes and rules enforced by the board, the state
veterinarian shall cause the premises, location, equipment, and
operating practices of the applicant to be inspected not later than ten
(10) days after the receipt of the application for a permit. If the
premises, location, equipment, and operating practices comply with
this article and the rules of the board, the state veterinarian shall
issue a permit entitling the applicant to engage in the business for
which the application was submitted.
(b) The board shall conduct the following inspections:
(1) Each dairy farm and transfer station at least one (1) time
every six (6) months.
(2) Each milk plant and receiving station at least one (1) time
every three (3) months.
In addition, following the issuance of a permit, the board may, to
determine compliance with this chapter, inspect the licensee's
facility, procedures, and equipment.
(c) If the board finds a violation of the standards for Grade A milk
adopted under section 14 of this chapter, a second inspection is
required after the time thought necessary to remedy the violation but
not sooner than three (3) days after finding the violation. The
reinspection must be used to determine compliance with the
requirements adopted under section 14 of this chapter. A violation of
the same requirement on the reinspection results in permit
suspension in accordance with section 6 of this chapter or court
action, 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 the
establishment.
The inspection report may not be defaced and must be made
available to the board upon request. An identical copy of the
inspection report must be filed with the records of the board.
(e) A person licensed under this chapter shall, upon request of the
board, permit access of officially designated persons to all parts of
the person's establishment or facilities to determine compliance with
this chapter. A distributor or plant operator shall furnish the board,
upon request and for official use only, a true statement of the actual
quantities of milk and milk products of each grade purchased and
sold and a list of all sources of the milk and milk products, records
of inspection, tests, and pasteurization time and temperature records.
(f) A person who, in an official capacity, obtains under this
chapter any information that is entitled to protection as a trade secret,
including information as to quantity, quality, source, or disposition
of milk or milk products, or results of inspections or tests, may not
use the information to the person's own advantage or reveal the
information 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 in
violation of sanitary statutes or rules of the state or a violation of this
chapter:
(1) on a dairy farm;
(2) in a milk plant, receiving station, transfer station, or milk
tank truck cleaning facility; or
(3) by a milk distributor, bulk milk hauler/sampler, owner of a
can milk route, or owner of a milk tank truck;
the board shall, by notice in writing to the person committing the
violation, prohibit the sale or transportation of raw or pasteurized
milk or milk products until the unsanitary condition or violation is
removed to the satisfaction of the board and the prohibition is
terminated. 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 that
receives raw milk or raw cream from a producer of raw milk or raw
cream shall employ at least one (1) approved grader.
(b) The board may issue an approved grader permit to a person
who meets the following requirements:
(1) The person has submitted an application for an approved
grader permit to the board.
(2) The person has been trained by school or experience to
grade 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 be
made on forms prescribed by the board.
(d) A permit of approval does not authorize an approved grader to
be an official employee, an agent, or a representative of the board.
An approved grader may not profess to be an employee, an agent, or
a 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, Grade
A dry milk products, or milk products must be labeled in accordance
with the rules of the board.
(b) A vehicle or transport tank containing milk or milk products
must be legibly marked with the name and address of the milk plant
or hauler in possession of the contents.
(c) A tank transporting raw, heat treated, or pasteurized milk or
milk products to a milk plant from sources of supply not under the
routine supervision of the board must be marked with the name and
address of the milk plant or hauler and must be sealed. In addition,
for each shipment a shipping statement must be prepared containing
at 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 an
employee 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 regulatory
authority 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 and
vents.
(13) The grade of the product.
(14) The antibiotic test results.
(d) The statement must be prepared in triplicate and must be kept
on 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 of
an acceptable size, kind, and color satisfactory to the board and must
contain 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 exceeding
standards
Sec. 13. (a) Samples of raw and processed milk and milk products
must be collected as required under this section and rules adopted by
the board as follows:
(1) A bulk milk hauler/sampler shall collect a representative
sample of the milk from each farm tank before collecting the
milk for delivery. Each sample must be labeled so as to identify
the farm of origin. Each sample must be delivered to a milk
plant, receiving station, transfer station, or other location
approved by the board.
(2) During any consecutive six (6) months, at least four (4)
samples of raw milk for pasteurization must be collected from
each 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 from
each milk plant, after receipt of the milk by the milk plant and
before pasteurization. The samples taken from the producer may
not be taken in the same month and the samples must be taken
at 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 products
must be taken from every milk plant. The samples must be
taken at least twenty (20) days apart.
Samples of milk and milk products must be taken while in possession
of the producer or distributor at any time before final delivery.
Samples of milk and milk products from dairy retail stores, food
service establishments, grocery stores, and other places where milk
and milk products are sold must be examined periodically as
determined by the board, and the results of the examination must be
used to determine compliance with this chapter. Proprietors of such
establishments must furnish the board, upon the board's request, with
the names of all distributors from whom milk or milk products are
obtained.
(b) Bacterial counts, somatic cell counts, and cooling temperature
checks must be performed on raw milk for pasteurization as required
by the board.
(c) In addition, antibiotic tests on milk from each producer's farm
must be conducted at least four (4) times during any consecutive six
(6) months, but not in the same month. Antibiotic testing of
commingled milk from bulk milk vehicles must be conducted as
specified by the United States Food and Drug Administration or the
board. When commingled milk is tested, all producers must be
represented in the sample. All individual sources of milk must be
tested when test results on the commingled milk are positive. The
milk plant, receiving station, or transfer station shall conduct or have
conducted all tests required by the board on milk producer raw milk
sample laboratory analyses and forward the results of the analyses to
the board.
(d) Bacterial counts, coliform determinations, phosphatase, and
cooling temperature checks must be performed on pasteurized milk
and milk products as required by rules adopted by the board.
(e) Whenever two (2) of the last four (4) consecutive bacteria
counts, somatic cell counts, coliform determinations, or cooling
temperatures taken on separate days exceed the limit of the standard
for milk or milk products, the board shall send a written notice to the
person concerned. This notice remains in effect as long as two (2) of
the 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, shall
be instituted whenever the standard is violated by three (3) of the last
five (5) bacteria counts, somatic cell counts, coliform determinations,
or cooling temperatures.
(f) Whenever a phosphatase test is positive, the cause must be
determined. If the cause is improper pasteurization, the problem must
be corrected, and any milk or milk product involved may not be
offered for sale.
(g) Samples must be analyzed at an official laboratory or
appropriate officially designated laboratory. All sampling procedures
and required laboratory examinations must be in substantial
compliance with the most current edition of the Standard Methods
for the Examination of Dairy Products of the American Public Health
Association and the most current edition of the Official Methods of
Analyses of AOAC International. These procedures and
examinations must be evaluated in accordance with the methods of
evaluating milk laboratories recommended by the United States Food
and Drug Administration. Aseptically processed milk and milk
products packaged in hermetically sealed containers must be tested
in accordance with the United States Food and Drug Administration's
Bacteriological Analytical Manual.
(h) Examinations and tests must be conducted to detect
adulterants, including pesticides, as the board requires. Assays of
vitamin D milk or milk products and fortified milk and milk products
must be made at least annually by a milk plant in a laboratory
acceptable to the board. Facilities fortifying products with vitamins
must keep volume control records that cross-reference the form and
amount of vitamin D and vitamin A used with the amount of product
produced. 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 products
must conform to all the standards in the rules adopted by the board.
(b) The board shall adopt a rule and may adopt emergency rules
under IC 4-22-2-37.1 to establish standards for Grade A milk and
milk 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 National
Conference on Interstate Milk Shipments in accordance with the
national conference's Memorandum of Understanding with the
United States Department of Health and Human Services, Food and
Drug Administration, including amendments to the federal standards
in effect June 30, 1993.
(c) The board shall determine when an amendment to federal
standards described in subsection (b) has been adopted. If the board
determines that an amendment to the federal standards has been
adopted, the board shall adopt rules and may adopt emergency rules
under IC 4-22-2-37.1 to amend the rules adopted by the board under
subsection (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 of
manufacturing grade milk products.
(e) The board may do the following:
(1) Adopt rules defining grades of raw milk and milk products
and various tests to be made at different intervals in the receipt
of 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 the
enforcement of this chapter.
(3) Provide that raw milk and milk products that do not meet the
minimum standards provided and that are unfit for human
consumption be destroyed or removed from distribution
channels 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, or
have in the person's possession with intent to sell or exchange any
milk or milk product that:
(1) does not conform to at least the minimum standards
established and approved by the board; or
(2) is packaged in a container or wrapping with labeling that has
not been approved by the board.
(b) A person may not manufacture, sell, exchange, or deliver, or
have in the person's possession with intent to sell, exchange, or
deliver, milk, cream, skim milk, condensed milk, evaporated milk, or
powdered 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 ice
cream; and
(3) does not conform with the standards for ice cream as
approved and adopted by the board.
(c) This chapter does not prohibit the delivery to and the receiving
of identifiable refillable milk containers by exchanges in the usual
course of business and for the bona fide purpose of returning the
containers 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 as
follows:
(1) Except as provided in subdivision (2), milk shall be
screened for drug residues as required by this chapter and rules
adopted by the board. The board may adopt rules governing
testing for drug residues in milk that are at least as effective in
protecting the public health as the federal standards adopted by
the National Conference on Interstate Milk Shipments in the
Pasteurized Milk Ordinance.
(2) Milk from manufacturing grade dairy farms shall be tested
for drug residues as required by this chapter and rules adopted
by the board.
(3) All milk that tests positive for drug residues must be
disposed of in a manner that removes it from the human and
animal food chain or that acceptably reconditions the milk
under United States Health and Human Services, Food and
Drug Administration compliance policy guidelines. In all cases
of drug residue violations, a producer may not resume shipping
milk until a drug test conducted by an officially designated
laboratory shows the producer's milk is negative for drug
residues and the test results are reported to the office of the
state veterinarian.
(4) All positive drug residue test results must be called into the
office of the state veterinarian immediately, and a written report
of the test results must be faxed or delivered to the office of the
state veterinarian not later than twenty-four (24) hours after the
test. The producer whose milk tested positive must be notified
of the positive drug residue test immediately. The company that
conducted the test is responsible for the reporting requirements
in this subdivision.
(b) The board may impose a civil penalty described in section 17
of this chapter on a person that sells or offers to sell milk that
contains 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 this
section:
(1) "Daily production" means the amount of milk, measured by
hundred weight, produced by the positive producer in one (1)
day, measured on the day in which the drug residue violation
occurred.
(2) "Producer reimbursement" means an amount assessed
against the positive producer to reimburse others for milk
contaminated by the positive producer's contaminated milk, not
including the value of the positive producer's contaminated milk
for which the positive producer was not paid.
(3) "Revocation period" means the period after a Grade A
producer's permit is revoked under this section that the producer
may not apply for a Grade A permit.
(b) A penalty established under this section may not be more
severe than the penalty standard for drug residue violations adopted
by the National Conference on Interstate Milk Shipments in its
Pasteurized Milk Ordinance adopted in accordance with the National
Conference's Memorandum of Understanding with the United States
Department of Health and Human Services, Food and Drug
Administration. The penalty imposed may not exceed one thousand
dollars ($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 shall
pay a civil penalty and participate in drug residue education activities
as follows:
(1) The following is imposed on a producer for the first positive
test 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 three
dollars ($3).
STEP THREE: Subtract the producer reimbursement from
the STEP TWO result.
The positive producer shall pay a civil penalty that is the
greater of the amount determined in STEP THREE or five
dollars ($5).
(B) The positive producer must, in conjunction with the
producer's veterinarian and an official of the board, complete
the "Milk and Dairy Beef Residue Prevention Protocol" and
provide proof of completion to the board of animal health,
office of the state veterinarian within thirty (30) days after
the drug residue violation. Failure to complete the protocol
and submit proof of completion within thirty (30) days
results in action to suspend the producer's permit.
(2) The following is imposed for a second positive test 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 four (4).
STEP TWO: Multiply the STEP ONE result by three
dollars ($3).
The positive producer shall pay a civil penalty that is the
greater of the amount determined in STEP TWO or five
dollars ($5).
(B) The positive producer must, in conjunction with the
producer's veterinarian and an official of the board, complete
the "Milk and Dairy Beef Residue Prevention Protocol" and
provide proof of completion to the state veterinarian within
thirty (30) days after the drug residue violation. Failure to
complete the protocol and provide proof of completion
results in action to suspend the producer's permit.
(C) The producer must attend a producer education program
or meeting designated by the state veterinarian. The
producer is responsible for paying registration and material
fees and other costs associated with attending the education
program or meeting. The producer must provide proof of
attendance to the state veterinarian within ten (10) days after
completion of the program or meeting.
(3) The third positive test result for drug residues within a
twelve (12) month period has the following results:
(A) The board shall revoke a producer's Grade A permit if
the 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 set
of written procedures that the producer will follow to
prevent future drug residue violations. The procedures must
be submitted with the proof of completion required in
subdivision (2) and must be specific, practical, and
reasonably likely to lessen the possibility of a drug residue
violation when followed by the producer.
(D) After a producer's Grade A permit is revoked for a third
offense violation under this statute, the producer may not
receive a new Grade A permit for thirty (30) days after the
date of the revocation. After this period, the state
veterinarian must issue a conditional Grade A permit to a
producer that has applied for a permit if the producer has
met all the requirements of this section at the time of
application and the producer meets all other requirements of
the board for obtaining a Grade A permit. The permit must
be issued on the condition that all the requirements of this
section must be completed within the time set forth in this
section. A permit issued under this clause automatically
becomes unconditional after the producer fully complies
with this section.
(4) For each drug residue violation in a twelve (12) month
period in excess of three (3) the producer is subject to the
penalties for a third offense in subdivision (3), but for Grade A
producers the revocation period begins on the date the
producer's permit is revoked and runs for a period equal to two
(2) times the length of the revocation period imposed after the
producer's last drug residue violation.
(d) The state veterinarian, by special permit, may allow a producer
that objects to the imposition of a civil penalty to dump two (2) days
of milk production on a first offense and four (4) days of milk
production on the second or third offense instead of paying a civil
penalty if payment of a civil penalty would impose undue hardship
on a producer. The state veterinarian may set the conditions under
which the milk is to be dumped and may require documentation from
the producer showing the circumstances under which the milk was
dumped.
(e) Civil penalties collected under this section shall be deposited
in the dairy drug residue abatement fund established by section 31 of
this chapter. As added by P.L.2-2008, SEC.9.
IC 15-18-1-18 Diagnosis of tuberculosis, brucellosis, and other diseases in dairy
cattle
Sec. 18. (a) Milk for pasteurization must be from herds that are
located in a modified accredited tuberculosis free area as determined
by the United States Department of Agriculture. Herds located in an
area that fails to maintain accredited status must be accredited by the
United States Department of Agriculture as tuberculosis free or must
have passed an annual tuberculosis test.
(b) Milk for pasteurization must be from herds under a brucellosis
eradication program that meets one (1) of the following conditions:
(1) Is located in certified brucellosis free areas as defined by the
United States Department of Agriculture and enrolled in the
testing program for the area.
(2) Meets United States Department of Agriculture
requirements for an individually certified herd.
(3) Participates in a milk ring testing program that is conducted
on a continuing basis at intervals of at least every six (6)
months with individual blood tests on all animals in herds
showing suspicious reactions to the milk ring tests.
(4) Conducts an individual blood agglutination test annually
with an allowable maximum grace period not exceeding two (2)
months.
(c) Goat milk and sheep milk for pasteurization must be from a
herd or flock that meets health requirements adopted by rule of the
board.
(d) For a disease other than brucellosis and tuberculosis and for
conditions other than disease that may adversely affect public health,
the board shall require physical, chemical, or bacteriological tests as
the board considers necessary. The diagnosis of other diseases in
dairy cattle, goats, and sheep must be based upon the findings of a
licensed veterinarian or a veterinarian employed by an official
agency. A diseased animal must be disposed of as the board directs.
(e) Records documenting the tests required in this section shall be
validated with the signature of a licensed veterinarian accredited by
the 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 valid
permit from the board to sell Grade A raw milk for pasteurization
must be cooled to sixty (60) degrees Fahrenheit and be maintained
at that temperature at the point of origin unless the milk is delivered
to a receiving station or transfer station not later than two (2) hours
after 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 pasteurized
milk products, and manufacturing grade milk products that meet the
requirements of this chapter, including rules adopted under this
chapter, may be sold to the final consumer or to restaurants, soda
fountains, 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 than
those provided for in this chapter.
(2) Prohibit the sale of milk or a milk product if the milk or
milk product has been produced and processed in accordance
with this chapter.
(c) A milk product other than a milk product that bears a Grade A
label must meet the requirements for the production, processing, and
handling of Grade A milk. This labeling requirement does not apply
to butter or to any other product that is excluded by rules of the
board. 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 milk
products for human consumption unless every particle of the final
mixture of the milk or milk products used in processing or
manufacture has been thoroughly pasteurized by equipment approved
by the board.
(b) The provisions of this chapter governing pasteurization do not
apply to a person selling or offering for sale cheddar cheese that has
been made from unpasteurized milk if:
(1) the cheese was made from unpasteurized milk and has been
cured or ripened for at least sixty (60) days at a controlled
temperature of at least thirty-five (35) degrees Fahrenheit; or
(2) the cheese is manufactured solely to be made into processed
cheese that is pasteurized during the blending or manufacturing
process.
Varieties of cheese other than that of the cheddar type made from
unpasteurized milk must be ripened for the time and under the
conditions prescribed by rule of the board. Cheese made from
unpasteurized milk and offered or displayed for sale to the consumer
must be labeled by the manufacturer or distributor with the
manufacturer's or distributor's name and address or an equivalent
identifying number or symbol and with the date of manufacture or a
statement to the effect that the cheese has been cured or ripened for
at least sixty (60) days.
(c) A pasteurizer of any milk or milk products must be equipped
with accurate indicating thermometers and accurate recording
thermometers and, for vat pasteurization equipment, an accurate
airspace thermometer of a type approved by the board. Each
recording thermometer chart must be dated and numbered and must
show the amount in gallons, the kind of product pasteurized, the
accurate readings of the indicating thermometers and airspace
thermometers, the time the reading was made, and the operator's
initials. Each chart may not be used for more than one (1) day of
operations. The records of the pasteurization of each batch
pasteurized 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 producer
or distributor may not transfer milk or milk products from one (1)
container or tank truck to another on the street, in a vehicle, store, or
in any place except a milk plant, receiving station, transfer station,
or milkhouse especially used for that purpose. The dipping or ladling
of milk or fluid milk products is prohibited. A can milk hauler or a
bulk milk hauler/sampler may not sample raw milk or milk products
to test for butterfat or transfer raw milk or milk products from one (1)
can or vehicle to another while in transit except in a receiving
station, transfer station, or in conformity with the statutes and rules
enforced by the board.
(b) A person may not sell or serve milk or a fluid milk product
except in the individual original container received from the
distributor or from an approved bulk dispenser. However, this
requirement does not apply to the following:
(1) Milk for mixed drinks requiring less than one-half (1/2) pint
of milk.
(2) Cream, whipped cream, or half-and-half that is consumed on
the premises and that may be served from the original container
of not more than one-half (1/2) gallon capacity or from a bulk
dispenser approved for such service by the board.
(c) A person may not sell or serve pasteurized milk or a milk
product that has not been maintained at a temperature required by
rule adopted by the board. If containers of pasteurized milk or milk
products are stored in ice, the storage container must be properly
drained. 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 a
milk can or receptacle any sweepings, refuse, dirt, litter, garbage,
filth, or any other animal or vegetable substance liable to decay and
tending to produce or promote an unsanitary condition.
(b) A person may not allow a can or receptacle to remain
uncleaned or bring or deliver to a person an uncleaned can or a
receptacle for the purpose of return or bring or deliver any milk,
cream, or ice cream can or receptacle for the purpose of delivery or
shipment to any person or creamery engaged in selling or shipping
substances for consumption as human food when the can or
receptacle contains particles of milk, cream, ice cream, or other
substance 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 not
subject 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 pasteurized
under rules that are substantially equivalent to this chapter.
(2) The milk and milk products have been awarded an
acceptable milk sanitation compliance and enforcement rating
made by a state milk sanitation rating officer certified by the
United States Food and Drug Administration.
(3) The milk originates from an area where the unit of
government accepts Indiana Grade A milk and milk products
certified 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 a
communicable form or who is a carrier of a disease may not work at
a dairy farm or milk plant in any capacity that brings the person into
contact with the production, handling, storage, or transportation of
milk, milk products, containers, equipment, or utensils.
(b) A dairy farm or milk plant operator may not employ a person
who is:
(1) affected with or who is suspected of having a communicable
disease; or
(2) a carrier or who is suspected of being a carrier of a
communicable disease;
in any capacity that brings the person into contact with the
production, handling, storage, or transportation of milk, milk
products, containers, equipment, or utensils.
(c) A producer or distributor of milk or milk products shall notify
the board immediately if any of the following occur:
(1) A communicable disease occurs on the producer's or
distributor's dairy farm or milk plant.
(2) The producer or distributor of milk or milk products
suspects that an employee has contracted or has become a
carrier 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 possibility
of transmission of infection from a person concerned with the
handling of milk or milk products, the board may require any or all
of the following measures:
(1) The immediate exclusion of the person from milk handling.
(2) The immediate exclusion of the milk supply concerned from
distribution and use.
(3) Adequate medical and bacteriological examination of the
person, 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, milking
barn, stable, parlor, transfer station, milk plant, milk tank truck
cleaning facility, and receiving station regulated under this chapter
that is constructed, reconstructed, or extensively altered must be
submitted 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 to
adequately and efficiently enforce this chapter and the rules adopted
under IC 4-22-2.
(b) The board may negotiate agreements with state and local
governmental agencies necessary in the opinion of the board to
provide for the proper administration of this chapter.
(c) The board may enter into reciprocal agreements with federal
or state milk control agencies having standards substantially
equivalent with this chapter and that are enforced with equal
effectiveness. 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 with
the 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 is
engaged in:
(1) the production, transportation, processing, or packaging of
raw or pasteurized milk and milk products;
(2) the business of selling or distributing products described in
subdivision (1) for human consumption; or
(3) the business of manufacturing containers for milk and milk
products;
may not prevent the inspectors and agents of the board from
performing 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 established
to implement education and other programs designed to prevent drug
residue violations. Money in the fund is appropriated for these
purposes.
(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 from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(f) Money in the fund at the end of a state fiscal year does not
revert 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 purpose
may enter upon and inspect premises on which containers are stored,
suspected of being stored, or trafficked in or on premises where raw
or pasteurized milk or milk products are produced, purchased,
received, transferred, transported, stored, processed, or put in
containers to be offered for sale or sold or distributed for human
consumption. 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 comply
with 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.
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, display
for sale, or have in possession with intent to sell milk or a milk
product that is adulterated or misbranded.
(b) Adulterated or misbranded milk or a milk product may be
impounded by the board and disposed of in accordance with
IC 16-42-1 and IC 16-42-2-6. For purposes of this section, references
in 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 this
chapter and in the rules adopted by the board. However, if there is an
emergency, general, and acute shortage of milk in a milkshed, the
board may authorize the sale of pasteurized milk that does not fully
meet 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 a
receiving station or transfer station, acts as a milk distributor, acts as
a bulk milk hauler/sampler, operates a milk tank truck, operates a
dairy farm, operates a milk tank truck cleaning facility, operates a
business that manufactures containers for milk or milk products, or
any other person that does not possess a permit from the board may
not:
(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, soda
fountains, and similar establishments where milk or milk products
are served or sold at retail, but not processed, are exempt from the
requirements of this section. The board may recognize a permit
issued by another state for a truck used to transport milk instead of
issuing an Indiana permit for the same truck.
(b) To obtain a permit required by this chapter, a person must
submit a written application to the board, in the form prescribed by
the board.
(c) Only a person who complies with this chapter is entitled to
receive and retain a permit. Permits are not transferable with respect
to 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 section
3 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 of
this chapter; or
(3) the permit holder has interfered with the board in the
performance of the board's duties.
(b) The board shall:
(1) in all cases except where the milk or milk product involved
creates or appears to create an imminent hazard to the public
health; or
(2) in any case of a willful refusal to permit authorized
inspection;
serve upon the permit holder a written notice of intent to suspend the
permit under IC 4-21.5. A suspension of a permit is effective
immediately and remains in effect until the violation has been
corrected 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 violation
of any of the bacterial, coliform, somatic cell, or cooling temperature
standards, the board shall, not later than one (1) week after the
receipt of a written application for reinstatement of a permit, issue a
temporary permit after determining by an inspection of the facilities
and operating methods that the conditions responsible for the
violation have been corrected. Samples must then be taken at the rate
of not more than two (2) per week on separate days within a three (3)
week period, and the board shall reinstate the permit upon
compliance with the appropriate standard, as determined in
accordance with section 13 of this chapter.
(b) If a permit has been suspended due to a violation of a drug
residue test requirement or a requirement other than the
bacteriological, coliform, somatic cell, or cooling temperature
standards, the application for reinstatement must contain a written
statement that the violation has been corrected. Not later than one (1)
week after the receipt of an application, the board shall make an
inspection of the applicant's establishment and as many subsequent
additional inspections as are considered necessary to determine that
the applicant's establishment is complying with the requirements.
When the findings justify, the permit must be reinstated. If a permit
has been suspended due to drug residues, the permit shall be
reinstated 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 for
a definite time, or may revoke permits issued under this chapter for
repeated violations of this chapter or a rule adopted by the board.
The refusal to issue or revocation of a permit under this section must
be 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 31
of the third year after the year in which the permit was issued.
(2) A dairy farm permit expires upon an action listed in
subdivisions (4) through (6).
(3) A permit, other than a bulk milk hauler/sampler permit and
a dairy farm permit, expires on December 31 of the year in
which the permit was issued. Permits issued within the last
three (3) months of a year may be issued to expire on December
31 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 different
owner or operator.
(7) For a milk distributor, milk plant, receiving station, transfer
station, or milk tank truck cleaning facility, a transfer of the
place 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 implement
sections 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 facility
required; 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 has
complied with all statutes and rules enforced by the board, the state
veterinarian shall cause the premises, location, equipment, and
operating practices of the applicant to be inspected not later than ten
(10) days after the receipt of the application for a permit. If the
premises, location, equipment, and operating practices comply with
this article and the rules of the board, the state veterinarian shall
issue a permit entitling the applicant to engage in the business for
which the application was submitted.
(b) The board shall conduct the following inspections:
(1) Each dairy farm and transfer station at least one (1) time
every six (6) months.
(2) Each milk plant and receiving station at least one (1) time
every three (3) months.
In addition, following the issuance of a permit, the board may, to
determine compliance with this chapter, inspect the licensee's
facility, procedures, and equipment.
(c) If the board finds a violation of the standards for Grade A milk
adopted under section 14 of this chapter, a second inspection is
required after the time thought necessary to remedy the violation but
not sooner than three (3) days after finding the violation. The
reinspection must be used to determine compliance with the
requirements adopted under section 14 of this chapter. A violation of
the same requirement on the reinspection results in permit
suspension in accordance with section 6 of this chapter or court
action, 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 the
establishment.
The inspection report may not be defaced and must be made
available to the board upon request. An identical copy of the
inspection report must be filed with the records of the board.
(e) A person licensed under this chapter shall, upon request of the
board, permit access of officially designated persons to all parts of
the person's establishment or facilities to determine compliance with
this chapter. A distributor or plant operator shall furnish the board,
upon request and for official use only, a true statement of the actual
quantities of milk and milk products of each grade purchased and
sold and a list of all sources of the milk and milk products, records
of inspection, tests, and pasteurization time and temperature records.
(f) A person who, in an official capacity, obtains under this
chapter any information that is entitled to protection as a trade secret,
including information as to quantity, quality, source, or disposition
of milk or milk products, or results of inspections or tests, may not
use the information to the person's own advantage or reveal the
information 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 in
violation of sanitary statutes or rules of the state or a violation of this
chapter:
(1) on a dairy farm;
(2) in a milk plant, receiving station, transfer station, or milk
tank truck cleaning facility; or
(3) by a milk distributor, bulk milk hauler/sampler, owner of a
can milk route, or owner of a milk tank truck;
the board shall, by notice in writing to the person committing the
violation, prohibit the sale or transportation of raw or pasteurized
milk or milk products until the unsanitary condition or violation is
removed to the satisfaction of the board and the prohibition is
terminated. 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 that
receives raw milk or raw cream from a producer of raw milk or raw
cream shall employ at least one (1) approved grader.
(b) The board may issue an approved grader permit to a person
who meets the following requirements:
(1) The person has submitted an application for an approved
grader permit to the board.
(2) The person has been trained by school or experience to
grade 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 be
made on forms prescribed by the board.
(d) A permit of approval does not authorize an approved grader to
be an official employee, an agent, or a representative of the board.
An approved grader may not profess to be an employee, an agent, or
a 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, Grade
A dry milk products, or milk products must be labeled in accordance
with the rules of the board.
(b) A vehicle or transport tank containing milk or milk products
must be legibly marked with the name and address of the milk plant
or hauler in possession of the contents.
(c) A tank transporting raw, heat treated, or pasteurized milk or
milk products to a milk plant from sources of supply not under the
routine supervision of the board must be marked with the name and
address of the milk plant or hauler and must be sealed. In addition,
for each shipment a shipping statement must be prepared containing
at 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 an
employee 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 regulatory
authority 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 and
vents.
(13) The grade of the product.
(14) The antibiotic test results.
(d) The statement must be prepared in triplicate and must be kept
on 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 of
an acceptable size, kind, and color satisfactory to the board and must
contain 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 exceeding
standards
Sec. 13. (a) Samples of raw and processed milk and milk products
must be collected as required under this section and rules adopted by
the board as follows:
(1) A bulk milk hauler/sampler shall collect a representative
sample of the milk from each farm tank before collecting the
milk for delivery. Each sample must be labeled so as to identify
the farm of origin. Each sample must be delivered to a milk
plant, receiving station, transfer station, or other location
approved by the board.
(2) During any consecutive six (6) months, at least four (4)
samples of raw milk for pasteurization must be collected from
each 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 from
each milk plant, after receipt of the milk by the milk plant and
before pasteurization. The samples taken from the producer may
not be taken in the same month and the samples must be taken
at 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 products
must be taken from every milk plant. The samples must be
taken at least twenty (20) days apart.
Samples of milk and milk products must be taken while in possession
of the producer or distributor at any time before final delivery.
Samples of milk and milk products from dairy retail stores, food
service establishments, grocery stores, and other places where milk
and milk products are sold must be examined periodically as
determined by the board, and the results of the examination must be
used to determine compliance with this chapter. Proprietors of such
establishments must furnish the board, upon the board's request, with
the names of all distributors from whom milk or milk products are
obtained.
(b) Bacterial counts, somatic cell counts, and cooling temperature
checks must be performed on raw milk for pasteurization as required
by the board.
(c) In addition, antibiotic tests on milk from each producer's farm
must be conducted at least four (4) times during any consecutive six
(6) months, but not in the same month. Antibiotic testing of
commingled milk from bulk milk vehicles must be conducted as
specified by the United States Food and Drug Administration or the
board. When commingled milk is tested, all producers must be
represented in the sample. All individual sources of milk must be
tested when test results on the commingled milk are positive. The
milk plant, receiving station, or transfer station shall conduct or have
conducted all tests required by the board on milk producer raw milk
sample laboratory analyses and forward the results of the analyses to
the board.
(d) Bacterial counts, coliform determinations, phosphatase, and
cooling temperature checks must be performed on pasteurized milk
and milk products as required by rules adopted by the board.
(e) Whenever two (2) of the last four (4) consecutive bacteria
counts, somatic cell counts, coliform determinations, or cooling
temperatures taken on separate days exceed the limit of the standard
for milk or milk products, the board shall send a written notice to the
person concerned. This notice remains in effect as long as two (2) of
the 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, shall
be instituted whenever the standard is violated by three (3) of the last
five (5) bacteria counts, somatic cell counts, coliform determinations,
or cooling temperatures.
(f) Whenever a phosphatase test is positive, the cause must be
determined. If the cause is improper pasteurization, the problem must
be corrected, and any milk or milk product involved may not be
offered for sale.
(g) Samples must be analyzed at an official laboratory or
appropriate officially designated laboratory. All sampling procedures
and required laboratory examinations must be in substantial
compliance with the most current edition of the Standard Methods
for the Examination of Dairy Products of the American Public Health
Association and the most current edition of the Official Methods of
Analyses of AOAC International. These procedures and
examinations must be evaluated in accordance with the methods of
evaluating milk laboratories recommended by the United States Food
and Drug Administration. Aseptically processed milk and milk
products packaged in hermetically sealed containers must be tested
in accordance with the United States Food and Drug Administration's
Bacteriological Analytical Manual.
(h) Examinations and tests must be conducted to detect
adulterants, including pesticides, as the board requires. Assays of
vitamin D milk or milk products and fortified milk and milk products
must be made at least annually by a milk plant in a laboratory
acceptable to the board. Facilities fortifying products with vitamins
must keep volume control records that cross-reference the form and
amount of vitamin D and vitamin A used with the amount of product
produced. 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 products
must conform to all the standards in the rules adopted by the board.
(b) The board shall adopt a rule and may adopt emergency rules
under IC 4-22-2-37.1 to establish standards for Grade A milk and
milk 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 National
Conference on Interstate Milk Shipments in accordance with the
national conference's Memorandum of Understanding with the
United States Department of Health and Human Services, Food and
Drug Administration, including amendments to the federal standards
in effect June 30, 1993.
(c) The board shall determine when an amendment to federal
standards described in subsection (b) has been adopted. If the board
determines that an amendment to the federal standards has been
adopted, the board shall adopt rules and may adopt emergency rules
under IC 4-22-2-37.1 to amend the rules adopted by the board under
subsection (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 of
manufacturing grade milk products.
(e) The board may do the following:
(1) Adopt rules defining grades of raw milk and milk products
and various tests to be made at different intervals in the receipt
of 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 the
enforcement of this chapter.
(3) Provide that raw milk and milk products that do not meet the
minimum standards provided and that are unfit for human
consumption be destroyed or removed from distribution
channels 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, or
have in the person's possession with intent to sell or exchange any
milk or milk product that:
(1) does not conform to at least the minimum standards
established and approved by the board; or
(2) is packaged in a container or wrapping with labeling that has
not been approved by the board.
(b) A person may not manufacture, sell, exchange, or deliver, or
have in the person's possession with intent to sell, exchange, or
deliver, milk, cream, skim milk, condensed milk, evaporated milk, or
powdered 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 ice
cream; and
(3) does not conform with the standards for ice cream as
approved and adopted by the board.
(c) This chapter does not prohibit the delivery to and the receiving
of identifiable refillable milk containers by exchanges in the usual
course of business and for the bona fide purpose of returning the
containers 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 as
follows:
(1) Except as provided in subdivision (2), milk shall be
screened for drug residues as required by this chapter and rules
adopted by the board. The board may adopt rules governing
testing for drug residues in milk that are at least as effective in
protecting the public health as the federal standards adopted by
the National Conference on Interstate Milk Shipments in the
Pasteurized Milk Ordinance.
(2) Milk from manufacturing grade dairy farms shall be tested
for drug residues as required by this chapter and rules adopted
by the board.
(3) All milk that tests positive for drug residues must be
disposed of in a manner that removes it from the human and
animal food chain or that acceptably reconditions the milk
under United States Health and Human Services, Food and
Drug Administration compliance policy guidelines. In all cases
of drug residue violations, a producer may not resume shipping
milk until a drug test conducted by an officially designated
laboratory shows the producer's milk is negative for drug
residues and the test results are reported to the office of the
state veterinarian.
(4) All positive drug residue test results must be called into the
office of the state veterinarian immediately, and a written report
of the test results must be faxed or delivered to the office of the
state veterinarian not later than twenty-four (24) hours after the
test. The producer whose milk tested positive must be notified
of the positive drug residue test immediately. The company that
conducted the test is responsible for the reporting requirements
in this subdivision.
(b) The board may impose a civil penalty described in section 17
of this chapter on a person that sells or offers to sell milk that
contains 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 this
section:
(1) "Daily production" means the amount of milk, measured by
hundred weight, produced by the positive producer in one (1)
day, measured on the day in which the drug residue violation
occurred.
(2) "Producer reimbursement" means an amount assessed
against the positive producer to reimburse others for milk
contaminated by the positive producer's contaminated milk, not
including the value of the positive producer's contaminated milk
for which the positive producer was not paid.
(3) "Revocation period" means the period after a Grade A
producer's permit is revoked under this section that the producer
may not apply for a Grade A permit.
(b) A penalty established under this section may not be more
severe than the penalty standard for drug residue violations adopted
by the National Conference on Interstate Milk Shipments in its
Pasteurized Milk Ordinance adopted in accordance with the National
Conference's Memorandum of Understanding with the United States
Department of Health and Human Services, Food and Drug
Administration. The penalty imposed may not exceed one thousand
dollars ($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 shall
pay a civil penalty and participate in drug residue education activities
as follows:
(1) The following is imposed on a producer for the first positive
test 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 three
dollars ($3).
STEP THREE: Subtract the producer reimbursement from
the STEP TWO result.
The positive producer shall pay a civil penalty that is the
greater of the amount determined in STEP THREE or five
dollars ($5).
(B) The positive producer must, in conjunction with the
producer's veterinarian and an official of the board, complete
the "Milk and Dairy Beef Residue Prevention Protocol" and
provide proof of completion to the board of animal health,
office of the state veterinarian within thirty (30) days after
the drug residue violation. Failure to complete the protocol
and submit proof of completion within thirty (30) days
results in action to suspend the producer's permit.
(2) The following is imposed for a second positive test 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 four (4).
STEP TWO: Multiply the STEP ONE result by three
dollars ($3).
The positive producer shall pay a civil penalty that is the
greater of the amount determined in STEP TWO or five
dollars ($5).
(B) The positive producer must, in conjunction with the
producer's veterinarian and an official of the board, complete
the "Milk and Dairy Beef Residue Prevention Protocol" and
provide proof of completion to the state veterinarian within
thirty (30) days after the drug residue violation. Failure to
complete the protocol and provide proof of completion
results in action to suspend the producer's permit.
(C) The producer must attend a producer education program
or meeting designated by the state veterinarian. The
producer is responsible for paying registration and material
fees and other costs associated with attending the education
program or meeting. The producer must provide proof of
attendance to the state veterinarian within ten (10) days after
completion of the program or meeting.
(3) The third positive test result for drug residues within a
twelve (12) month period has the following results:
(A) The board shall revoke a producer's Grade A permit if
the 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 set
of written procedures that the producer will follow to
prevent future drug residue violations. The procedures must
be submitted with the proof of completion required in
subdivision (2) and must be specific, practical, and
reasonably likely to lessen the possibility of a drug residue
violation when followed by the producer.
(D) After a producer's Grade A permit is revoked for a third
offense violation under this statute, the producer may not
receive a new Grade A permit for thirty (30) days after the
date of the revocation. After this period, the state
veterinarian must issue a conditional Grade A permit to a
producer that has applied for a permit if the producer has
met all the requirements of this section at the time of
application and the producer meets all other requirements of
the board for obtaining a Grade A permit. The permit must
be issued on the condition that all the requirements of this
section must be completed within the time set forth in this
section. A permit issued under this clause automatically
becomes unconditional after the producer fully complies
with this section.
(4) For each drug residue violation in a twelve (12) month
period in excess of three (3) the producer is subject to the
penalties for a third offense in subdivision (3), but for Grade A
producers the revocation period begins on the date the
producer's permit is revoked and runs for a period equal to two
(2) times the length of the revocation period imposed after the
producer's last drug residue violation.
(d) The state veterinarian, by special permit, may allow a producer
that objects to the imposition of a civil penalty to dump two (2) days
of milk production on a first offense and four (4) days of milk
production on the second or third offense instead of paying a civil
penalty if payment of a civil penalty would impose undue hardship
on a producer. The state veterinarian may set the conditions under
which the milk is to be dumped and may require documentation from
the producer showing the circumstances under which the milk was
dumped.
(e) Civil penalties collected under this section shall be deposited
in the dairy drug residue abatement fund established by section 31 of
this chapter. As added by P.L.2-2008, SEC.9.
IC 15-18-1-18 Diagnosis of tuberculosis, brucellosis, and other diseases in dairy
cattle
Sec. 18. (a) Milk for pasteurization must be from herds that are
located in a modified accredited tuberculosis free area as determined
by the United States Department of Agriculture. Herds located in an
area that fails to maintain accredited status must be accredited by the
United States Department of Agriculture as tuberculosis free or must
have passed an annual tuberculosis test.
(b) Milk for pasteurization must be from herds under a brucellosis
eradication program that meets one (1) of the following conditions:
(1) Is located in certified brucellosis free areas as defined by the
United States Department of Agriculture and enrolled in the
testing program for the area.
(2) Meets United States Department of Agriculture
requirements for an individually certified herd.
(3) Participates in a milk ring testing program that is conducted
on a continuing basis at intervals of at least every six (6)
months with individual blood tests on all animals in herds
showing suspicious reactions to the milk ring tests.
(4) Conducts an individual blood agglutination test annually
with an allowable maximum grace period not exceeding two (2)
months.
(c) Goat milk and sheep milk for pasteurization must be from a
herd or flock that meets health requirements adopted by rule of the
board.
(d) For a disease other than brucellosis and tuberculosis and for
conditions other than disease that may adversely affect public health,
the board shall require physical, chemical, or bacteriological tests as
the board considers necessary. The diagnosis of other diseases in
dairy cattle, goats, and sheep must be based upon the findings of a
licensed veterinarian or a veterinarian employed by an official
agency. A diseased animal must be disposed of as the board directs.
(e) Records documenting the tests required in this section shall be
validated with the signature of a licensed veterinarian accredited by
the 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 valid
permit from the board to sell Grade A raw milk for pasteurization
must be cooled to sixty (60) degrees Fahrenheit and be maintained
at that temperature at the point of origin unless the milk is delivered
to a receiving station or transfer station not later than two (2) hours
after 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 pasteurized
milk products, and manufacturing grade milk products that meet the
requirements of this chapter, including rules adopted under this
chapter, may be sold to the final consumer or to restaurants, soda
fountains, 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 than
those provided for in this chapter.
(2) Prohibit the sale of milk or a milk product if the milk or
milk product has been produced and processed in accordance
with this chapter.
(c) A milk product other than a milk product that bears a Grade A
label must meet the requirements for the production, processing, and
handling of Grade A milk. This labeling requirement does not apply
to butter or to any other product that is excluded by rules of the
board. 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 milk
products for human consumption unless every particle of the final
mixture of the milk or milk products used in processing or
manufacture has been thoroughly pasteurized by equipment approved
by the board.
(b) The provisions of this chapter governing pasteurization do not
apply to a person selling or offering for sale cheddar cheese that has
been made from unpasteurized milk if:
(1) the cheese was made from unpasteurized milk and has been
cured or ripened for at least sixty (60) days at a controlled
temperature of at least thirty-five (35) degrees Fahrenheit; or
(2) the cheese is manufactured solely to be made into processed
cheese that is pasteurized during the blending or manufacturing
process.
Varieties of cheese other than that of the cheddar type made from
unpasteurized milk must be ripened for the time and under the
conditions prescribed by rule of the board. Cheese made from
unpasteurized milk and offered or displayed for sale to the consumer
must be labeled by the manufacturer or distributor with the
manufacturer's or distributor's name and address or an equivalent
identifying number or symbol and with the date of manufacture or a
statement to the effect that the cheese has been cured or ripened for
at least sixty (60) days.
(c) A pasteurizer of any milk or milk products must be equipped
with accurate indicating thermometers and accurate recording
thermometers and, for vat pasteurization equipment, an accurate
airspace thermometer of a type approved by the board. Each
recording thermometer chart must be dated and numbered and must
show the amount in gallons, the kind of product pasteurized, the
accurate readings of the indicating thermometers and airspace
thermometers, the time the reading was made, and the operator's
initials. Each chart may not be used for more than one (1) day of
operations. The records of the pasteurization of each batch
pasteurized 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 producer
or distributor may not transfer milk or milk products from one (1)
container or tank truck to another on the street, in a vehicle, store, or
in any place except a milk plant, receiving station, transfer station,
or milkhouse especially used for that purpose. The dipping or ladling
of milk or fluid milk products is prohibited. A can milk hauler or a
bulk milk hauler/sampler may not sample raw milk or milk products
to test for butterfat or transfer raw milk or milk products from one (1)
can or vehicle to another while in transit except in a receiving
station, transfer station, or in conformity with the statutes and rules
enforced by the board.
(b) A person may not sell or serve milk or a fluid milk product
except in the individual original container received from the
distributor or from an approved bulk dispenser. However, this
requirement does not apply to the following:
(1) Milk for mixed drinks requiring less than one-half (1/2) pint
of milk.
(2) Cream, whipped cream, or half-and-half that is consumed on
the premises and that may be served from the original container
of not more than one-half (1/2) gallon capacity or from a bulk
dispenser approved for such service by the board.
(c) A person may not sell or serve pasteurized milk or a milk
product that has not been maintained at a temperature required by
rule adopted by the board. If containers of pasteurized milk or milk
products are stored in ice, the storage container must be properly
drained. 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 a
milk can or receptacle any sweepings, refuse, dirt, litter, garbage,
filth, or any other animal or vegetable substance liable to decay and
tending to produce or promote an unsanitary condition.
(b) A person may not allow a can or receptacle to remain
uncleaned or bring or deliver to a person an uncleaned can or a
receptacle for the purpose of return or bring or deliver any milk,
cream, or ice cream can or receptacle for the purpose of delivery or
shipment to any person or creamery engaged in selling or shipping
substances for consumption as human food when the can or
receptacle contains particles of milk, cream, ice cream, or other
substance 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 not
subject 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 pasteurized
under rules that are substantially equivalent to this chapter.
(2) The milk and milk products have been awarded an
acceptable milk sanitation compliance and enforcement rating
made by a state milk sanitation rating officer certified by the
United States Food and Drug Administration.
(3) The milk originates from an area where the unit of
government accepts Indiana Grade A milk and milk products
certified 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 a
communicable form or who is a carrier of a disease may not work at
a dairy farm or milk plant in any capacity that brings the person into
contact with the production, handling, storage, or transportation of
milk, milk products, containers, equipment, or utensils.
(b) A dairy farm or milk plant operator may not employ a person
who is:
(1) affected with or who is suspected of having a communicable
disease; or
(2) a carrier or who is suspected of being a carrier of a
communicable disease;
in any capacity that brings the person into contact with the
production, handling, storage, or transportation of milk, milk
products, containers, equipment, or utensils.
(c) A producer or distributor of milk or milk products shall notify
the board immediately if any of the following occur:
(1) A communicable disease occurs on the producer's or
distributor's dairy farm or milk plant.
(2) The producer or distributor of milk or milk products
suspects that an employee has contracted or has become a
carrier 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 possibility
of transmission of infection from a person concerned with the
handling of milk or milk products, the board may require any or all
of the following measures:
(1) The immediate exclusion of the person from milk handling.
(2) The immediate exclusion of the milk supply concerned from
distribution and use.
(3) Adequate medical and bacteriological examination of the
person, 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, milking
barn, stable, parlor, transfer station, milk plant, milk tank truck
cleaning facility, and receiving station regulated under this chapter
that is constructed, reconstructed, or extensively altered must be
submitted 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 to
adequately and efficiently enforce this chapter and the rules adopted
under IC 4-22-2.
(b) The board may negotiate agreements with state and local
governmental agencies necessary in the opinion of the board to
provide for the proper administration of this chapter.
(c) The board may enter into reciprocal agreements with federal
or state milk control agencies having standards substantially
equivalent with this chapter and that are enforced with equal
effectiveness. 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 with
the 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 is
engaged in:
(1) the production, transportation, processing, or packaging of
raw or pasteurized milk and milk products;
(2) the business of selling or distributing products described in
subdivision (1) for human consumption; or
(3) the business of manufacturing containers for milk and milk
products;
may not prevent the inspectors and agents of the board from
performing 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 established
to implement education and other programs designed to prevent drug
residue violations. Money in the fund is appropriated for these
purposes.
(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 from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(f) Money in the fund at the end of a state fiscal year does not
revert 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 purpose
may enter upon and inspect premises on which containers are stored,
suspected of being stored, or trafficked in or on premises where raw
or pasteurized milk or milk products are produced, purchased,
received, transferred, transported, stored, processed, or put in
containers to be offered for sale or sold or distributed for human
consumption. 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 comply
with 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.
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, display
for sale, or have in possession with intent to sell milk or a milk
product that is adulterated or misbranded.
(b) Adulterated or misbranded milk or a milk product may be
impounded by the board and disposed of in accordance with
IC 16-42-1 and IC 16-42-2-6. For purposes of this section, references
in 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 this
chapter and in the rules adopted by the board. However, if there is an
emergency, general, and acute shortage of milk in a milkshed, the
board may authorize the sale of pasteurized milk that does not fully
meet 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 a
receiving station or transfer station, acts as a milk distributor, acts as
a bulk milk hauler/sampler, operates a milk tank truck, operates a
dairy farm, operates a milk tank truck cleaning facility, operates a
business that manufactures containers for milk or milk products, or
any other person that does not possess a permit from the board may
not:
(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, soda
fountains, and similar establishments where milk or milk products
are served or sold at retail, but not processed, are exempt from the
requirements of this section. The board may recognize a permit
issued by another state for a truck used to transport milk instead of
issuing an Indiana permit for the same truck.
(b) To obtain a permit required by this chapter, a person must
submit a written application to the board, in the form prescribed by
the board.
(c) Only a person who complies with this chapter is entitled to
receive and retain a permit. Permits are not transferable with respect
to 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 section
3 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 of
this chapter; or
(3) the permit holder has interfered with the board in the
performance of the board's duties.
(b) The board shall:
(1) in all cases except where the milk or milk product involved
creates or appears to create an imminent hazard to the public
health; or
(2) in any case of a willful refusal to permit authorized
inspection;
serve upon the permit holder a written notice of intent to suspend the
permit under IC 4-21.5. A suspension of a permit is effective
immediately and remains in effect until the violation has been
corrected 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 violation
of any of the bacterial, coliform, somatic cell, or cooling temperature
standards, the board shall, not later than one (1) week after the
receipt of a written application for reinstatement of a permit, issue a
temporary permit after determining by an inspection of the facilities
and operating methods that the conditions responsible for the
violation have been corrected. Samples must then be taken at the rate
of not more than two (2) per week on separate days within a three (3)
week period, and the board shall reinstate the permit upon
compliance with the appropriate standard, as determined in
accordance with section 13 of this chapter.
(b) If a permit has been suspended due to a violation of a drug
residue test requirement or a requirement other than the
bacteriological, coliform, somatic cell, or cooling temperature
standards, the application for reinstatement must contain a written
statement that the violation has been corrected. Not later than one (1)
week after the receipt of an application, the board shall make an
inspection of the applicant's establishment and as many subsequent
additional inspections as are considered necessary to determine that
the applicant's establishment is complying with the requirements.
When the findings justify, the permit must be reinstated. If a permit
has been suspended due to drug residues, the permit shall be
reinstated 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 for
a definite time, or may revoke permits issued under this chapter for
repeated violations of this chapter or a rule adopted by the board.
The refusal to issue or revocation of a permit under this section must
be 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 31
of the third year after the year in which the permit was issued.
(2) A dairy farm permit expires upon an action listed in
subdivisions (4) through (6).
(3) A permit, other than a bulk milk hauler/sampler permit and
a dairy farm permit, expires on December 31 of the year in
which the permit was issued. Permits issued within the last
three (3) months of a year may be issued to expire on December
31 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 different
owner or operator.
(7) For a milk distributor, milk plant, receiving station, transfer
station, or milk tank truck cleaning facility, a transfer of the
place 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 implement
sections 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 facility
required; 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 has
complied with all statutes and rules enforced by the board, the state
veterinarian shall cause the premises, location, equipment, and
operating practices of the applicant to be inspected not later than ten
(10) days after the receipt of the application for a permit. If the
premises, location, equipment, and operating practices comply with
this article and the rules of the board, the state veterinarian shall
issue a permit entitling the applicant to engage in the business for
which the application was submitted.
(b) The board shall conduct the following inspections:
(1) Each dairy farm and transfer station at least one (1) time
every six (6) months.
(2) Each milk plant and receiving station at least one (1) time
every three (3) months.
In addition, following the issuance of a permit, the board may, to
determine compliance with this chapter, inspect the licensee's
facility, procedures, and equipment.
(c) If the board finds a violation of the standards for Grade A milk
adopted under section 14 of this chapter, a second inspection is
required after the time thought necessary to remedy the violation but
not sooner than three (3) days after finding the violation. The
reinspection must be used to determine compliance with the
requirements adopted under section 14 of this chapter. A violation of
the same requirement on the reinspection results in permit
suspension in accordance with section 6 of this chapter or court
action, 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 the
establishment.
The inspection report may not be defaced and must be made
available to the board upon request. An identical copy of the
inspection report must be filed with the records of the board.
(e) A person licensed under this chapter shall, upon request of the
board, permit access of officially designated persons to all parts of
the person's establishment or facilities to determine compliance with
this chapter. A distributor or plant operator shall furnish the board,
upon request and for official use only, a true statement of the actual
quantities of milk and milk products of each grade purchased and
sold and a list of all sources of the milk and milk products, records
of inspection, tests, and pasteurization time and temperature records.
(f) A person who, in an official capacity, obtains under this
chapter any information that is entitled to protection as a trade secret,
including information as to quantity, quality, source, or disposition
of milk or milk products, or results of inspections or tests, may not
use the information to the person's own advantage or reveal the
information 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 in
violation of sanitary statutes or rules of the state or a violation of this
chapter:
(1) on a dairy farm;
(2) in a milk plant, receiving station, transfer station, or milk
tank truck cleaning facility; or
(3) by a milk distributor, bulk milk hauler/sampler, owner of a
can milk route, or owner of a milk tank truck;
the board shall, by notice in writing to the person committing the
violation, prohibit the sale or transportation of raw or pasteurized
milk or milk products until the unsanitary condition or violation is
removed to the satisfaction of the board and the prohibition is
terminated. 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 that
receives raw milk or raw cream from a producer of raw milk or raw
cream shall employ at least one (1) approved grader.
(b) The board may issue an approved grader permit to a person
who meets the following requirements:
(1) The person has submitted an application for an approved
grader permit to the board.
(2) The person has been trained by school or experience to
grade 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 be
made on forms prescribed by the board.
(d) A permit of approval does not authorize an approved grader to
be an official employee, an agent, or a representative of the board.
An approved grader may not profess to be an employee, an agent, or
a 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, Grade
A dry milk products, or milk products must be labeled in accordance
with the rules of the board.
(b) A vehicle or transport tank containing milk or milk products
must be legibly marked with the name and address of the milk plant
or hauler in possession of the contents.
(c) A tank transporting raw, heat treated, or pasteurized milk or
milk products to a milk plant from sources of supply not under the
routine supervision of the board must be marked with the name and
address of the milk plant or hauler and must be sealed. In addition,
for each shipment a shipping statement must be prepared containing
at 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 an
employee 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 regulatory
authority 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 and
vents.
(13) The grade of the product.
(14) The antibiotic test results.
(d) The statement must be prepared in triplicate and must be kept
on 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 of
an acceptable size, kind, and color satisfactory to the board and must
contain 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 exceeding
standards
Sec. 13. (a) Samples of raw and processed milk and milk products
must be collected as required under this section and rules adopted by
the board as follows:
(1) A bulk milk hauler/sampler shall collect a representative
sample of the milk from each farm tank before collecting the
milk for delivery. Each sample must be labeled so as to identify
the farm of origin. Each sample must be delivered to a milk
plant, receiving station, transfer station, or other location
approved by the board.
(2) During any consecutive six (6) months, at least four (4)
samples of raw milk for pasteurization must be collected from
each 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 from
each milk plant, after receipt of the milk by the milk plant and
before pasteurization. The samples taken from the producer may
not be taken in the same month and the samples must be taken
at 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 products
must be taken from every milk plant. The samples must be
taken at least twenty (20) days apart.
Samples of milk and milk products must be taken while in possession
of the producer or distributor at any time before final delivery.
Samples of milk and milk products from dairy retail stores, food
service establishments, grocery stores, and other places where milk
and milk products are sold must be examined periodically as
determined by the board, and the results of the examination must be
used to determine compliance with this chapter. Proprietors of such
establishments must furnish the board, upon the board's request, with
the names of all distributors from whom milk or milk products are
obtained.
(b) Bacterial counts, somatic cell counts, and cooling temperature
checks must be performed on raw milk for pasteurization as required
by the board.
(c) In addition, antibiotic tests on milk from each producer's farm
must be conducted at least four (4) times during any consecutive six
(6) months, but not in the same month. Antibiotic testing of
commingled milk from bulk milk vehicles must be conducted as
specified by the United States Food and Drug Administration or the
board. When commingled milk is tested, all producers must be
represented in the sample. All individual sources of milk must be
tested when test results on the commingled milk are positive. The
milk plant, receiving station, or transfer station shall conduct or have
conducted all tests required by the board on milk producer raw milk
sample laboratory analyses and forward the results of the analyses to
the board.
(d) Bacterial counts, coliform determinations, phosphatase, and
cooling temperature checks must be performed on pasteurized milk
and milk products as required by rules adopted by the board.
(e) Whenever two (2) of the last four (4) consecutive bacteria
counts, somatic cell counts, coliform determinations, or cooling
temperatures taken on separate days exceed the limit of the standard
for milk or milk products, the board shall send a written notice to the
person concerned. This notice remains in effect as long as two (2) of
the 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, shall
be instituted whenever the standard is violated by three (3) of the last
five (5) bacteria counts, somatic cell counts, coliform determinations,
or cooling temperatures.
(f) Whenever a phosphatase test is positive, the cause must be
determined. If the cause is improper pasteurization, the problem must
be corrected, and any milk or milk product involved may not be
offered for sale.
(g) Samples must be analyzed at an official laboratory or
appropriate officially designated laboratory. All sampling procedures
and required laboratory examinations must be in substantial
compliance with the most current edition of the Standard Methods
for the Examination of Dairy Products of the American Public Health
Association and the most current edition of the Official Methods of
Analyses of AOAC International. These procedures and
examinations must be evaluated in accordance with the methods of
evaluating milk laboratories recommended by the United States Food
and Drug Administration. Aseptically processed milk and milk
products packaged in hermetically sealed containers must be tested
in accordance with the United States Food and Drug Administration's
Bacteriological Analytical Manual.
(h) Examinations and tests must be conducted to detect
adulterants, including pesticides, as the board requires. Assays of
vitamin D milk or milk products and fortified milk and milk products
must be made at least annually by a milk plant in a laboratory
acceptable to the board. Facilities fortifying products with vitamins
must keep volume control records that cross-reference the form and
amount of vitamin D and vitamin A used with the amount of product
produced. 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 products
must conform to all the standards in the rules adopted by the board.
(b) The board shall adopt a rule and may adopt emergency rules
under IC 4-22-2-37.1 to establish standards for Grade A milk and
milk 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 National
Conference on Interstate Milk Shipments in accordance with the
national conference's Memorandum of Understanding with the
United States Department of Health and Human Services, Food and
Drug Administration, including amendments to the federal standards
in effect June 30, 1993.
(c) The board shall determine when an amendment to federal
standards described in subsection (b) has been adopted. If the board
determines that an amendment to the federal standards has been
adopted, the board shall adopt rules and may adopt emergency rules
under IC 4-22-2-37.1 to amend the rules adopted by the board under
subsection (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 of
manufacturing grade milk products.
(e) The board may do the following:
(1) Adopt rules defining grades of raw milk and milk products
and various tests to be made at different intervals in the receipt
of 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 the
enforcement of this chapter.
(3) Provide that raw milk and milk products that do not meet the
minimum standards provided and that are unfit for human
consumption be destroyed or removed from distribution
channels 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, or
have in the person's possession with intent to sell or exchange any
milk or milk product that:
(1) does not conform to at least the minimum standards
established and approved by the board; or
(2) is packaged in a container or wrapping with labeling that has
not been approved by the board.
(b) A person may not manufacture, sell, exchange, or deliver, or
have in the person's possession with intent to sell, exchange, or
deliver, milk, cream, skim milk, condensed milk, evaporated milk, or
powdered 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 ice
cream; and
(3) does not conform with the standards for ice cream as
approved and adopted by the board.
(c) This chapter does not prohibit the delivery to and the receiving
of identifiable refillable milk containers by exchanges in the usual
course of business and for the bona fide purpose of returning the
containers 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 as
follows:
(1) Except as provided in subdivision (2), milk shall be
screened for drug residues as required by this chapter and rules
adopted by the board. The board may adopt rules governing
testing for drug residues in milk that are at least as effective in
protecting the public health as the federal standards adopted by
the National Conference on Interstate Milk Shipments in the
Pasteurized Milk Ordinance.
(2) Milk from manufacturing grade dairy farms shall be tested
for drug residues as required by this chapter and rules adopted
by the board.
(3) All milk that tests positive for drug residues must be
disposed of in a manner that removes it from the human and
animal food chain or that acceptably reconditions the milk
under United States Health and Human Services, Food and
Drug Administration compliance policy guidelines. In all cases
of drug residue violations, a producer may not resume shipping
milk until a drug test conducted by an officially designated
laboratory shows the producer's milk is negative for drug
residues and the test results are reported to the office of the
state veterinarian.
(4) All positive drug residue test results must be called into the
office of the state veterinarian immediately, and a written report
of the test results must be faxed or delivered to the office of the
state veterinarian not later than twenty-four (24) hours after the
test. The producer whose milk tested positive must be notified
of the positive drug residue test immediately. The company that
conducted the test is responsible for the reporting requirements
in this subdivision.
(b) The board may impose a civil penalty described in section 17
of this chapter on a person that sells or offers to sell milk that
contains 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 this
section:
(1) "Daily production" means the amount of milk, measured by
hundred weight, produced by the positive producer in one (1)
day, measured on the day in which the drug residue violation
occurred.
(2) "Producer reimbursement" means an amount assessed
against the positive producer to reimburse others for milk
contaminated by the positive producer's contaminated milk, not
including the value of the positive producer's contaminated milk
for which the positive producer was not paid.
(3) "Revocation period" means the period after a Grade A
producer's permit is revoked under this section that the producer
may not apply for a Grade A permit.
(b) A penalty established under this section may not be more
severe than the penalty standard for drug residue violations adopted
by the National Conference on Interstate Milk Shipments in its
Pasteurized Milk Ordinance adopted in accordance with the National
Conference's Memorandum of Understanding with the United States
Department of Health and Human Services, Food and Drug
Administration. The penalty imposed may not exceed one thousand
dollars ($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 shall
pay a civil penalty and participate in drug residue education activities
as follows:
(1) The following is imposed on a producer for the first positive
test 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 three
dollars ($3).
STEP THREE: Subtract the producer reimbursement from
the STEP TWO result.
The positive producer shall pay a civil penalty that is the
greater of the amount determined in STEP THREE or five
dollars ($5).
(B) The positive producer must, in conjunction with the
producer's veterinarian and an official of the board, complete
the "Milk and Dairy Beef Residue Prevention Protocol" and
provide proof of completion to the board of animal health,
office of the state veterinarian within thirty (30) days after
the drug residue violation. Failure to complete the protocol
and submit proof of completion within thirty (30) days
results in action to suspend the producer's permit.
(2) The following is imposed for a second positive test 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 four (4).
STEP TWO: Multiply the STEP ONE result by three
dollars ($3).
The positive producer shall pay a civil penalty that is the
greater of the amount determined in STEP TWO or five
dollars ($5).
(B) The positive producer must, in conjunction with the
producer's veterinarian and an official of the board, complete
the "Milk and Dairy Beef Residue Prevention Protocol" and
provide proof of completion to the state veterinarian within
thirty (30) days after the drug residue violation. Failure to
complete the protocol and provide proof of completion
results in action to suspend the producer's permit.
(C) The producer must attend a producer education program
or meeting designated by the state veterinarian. The
producer is responsible for paying registration and material
fees and other costs associated with attending the education
program or meeting. The producer must provide proof of
attendance to the state veterinarian within ten (10) days after
completion of the program or meeting.
(3) The third positive test result for drug residues within a
twelve (12) month period has the following results:
(A) The board shall revoke a producer's Grade A permit if
the 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 set
of written procedures that the producer will follow to
prevent future drug residue violations. The procedures must
be submitted with the proof of completion required in
subdivision (2) and must be specific, practical, and
reasonably likely to lessen the possibility of a drug residue
violation when followed by the producer.
(D) After a producer's Grade A permit is revoked for a third
offense violation under this statute, the producer may not
receive a new Grade A permit for thirty (30) days after the
date of the revocation. After this period, the state
veterinarian must issue a conditional Grade A permit to a
producer that has applied for a permit if the producer has
met all the requirements of this section at the time of
application and the producer meets all other requirements of
the board for obtaining a Grade A permit. The permit must
be issued on the condition that all the requirements of this
section must be completed within the time set forth in this
section. A permit issued under this clause automatically
becomes unconditional after the producer fully complies
with this section.
(4) For each drug residue violation in a twelve (12) month
period in excess of three (3) the producer is subject to the
penalties for a third offense in subdivision (3), but for Grade A
producers the revocation period begins on the date the
producer's permit is revoked and runs for a period equal to two
(2) times the length of the revocation period imposed after the
producer's last drug residue violation.
(d) The state veterinarian, by special permit, may allow a producer
that objects to the imposition of a civil penalty to dump two (2) days
of milk production on a first offense and four (4) days of milk
production on the second or third offense instead of paying a civil
penalty if payment of a civil penalty would impose undue hardship
on a producer. The state veterinarian may set the conditions under
which the milk is to be dumped and may require documentation from
the producer showing the circumstances under which the milk was
dumped.
(e) Civil penalties collected under this section shall be deposited
in the dairy drug residue abatement fund established by section 31 of
this chapter. As added by P.L.2-2008, SEC.9.
IC 15-18-1-18 Diagnosis of tuberculosis, brucellosis, and other diseases in dairy
cattle
Sec. 18. (a) Milk for pasteurization must be from herds that are
located in a modified accredited tuberculosis free area as determined
by the United States Department of Agriculture. Herds located in an
area that fails to maintain accredited status must be accredited by the
United States Department of Agriculture as tuberculosis free or must
have passed an annual tuberculosis test.
(b) Milk for pasteurization must be from herds under a brucellosis
eradication program that meets one (1) of the following conditions:
(1) Is located in certified brucellosis free areas as defined by the
United States Department of Agriculture and enrolled in the
testing program for the area.
(2) Meets United States Department of Agriculture
requirements for an individually certified herd.
(3) Participates in a milk ring testing program that is conducted
on a continuing basis at intervals of at least every six (6)
months with individual blood tests on all animals in herds
showing suspicious reactions to the milk ring tests.
(4) Conducts an individual blood agglutination test annually
with an allowable maximum grace period not exceeding two (2)
months.
(c) Goat milk and sheep milk for pasteurization must be from a
herd or flock that meets health requirements adopted by rule of the
board.
(d) For a disease other than brucellosis and tuberculosis and for
conditions other than disease that may adversely affect public health,
the board shall require physical, chemical, or bacteriological tests as
the board considers necessary. The diagnosis of other diseases in
dairy cattle, goats, and sheep must be based upon the findings of a
licensed veterinarian or a veterinarian employed by an official
agency. A diseased animal must be disposed of as the board directs.
(e) Records documenting the tests required in this section shall be
validated with the signature of a licensed veterinarian accredited by
the 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 valid
permit from the board to sell Grade A raw milk for pasteurization
must be cooled to sixty (60) degrees Fahrenheit and be maintained
at that temperature at the point of origin unless the milk is delivered
to a receiving station or transfer station not later than two (2) hours
after 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 pasteurized
milk products, and manufacturing grade milk products that meet the
requirements of this chapter, including rules adopted under this
chapter, may be sold to the final consumer or to restaurants, soda
fountains, 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 than
those provided for in this chapter.
(2) Prohibit the sale of milk or a milk product if the milk or
milk product has been produced and processed in accordance
with this chapter.
(c) A milk product other than a milk product that bears a Grade A
label must meet the requirements for the production, processing, and
handling of Grade A milk. This labeling requirement does not apply
to butter or to any other product that is excluded by rules of the
board. 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 milk
products for human consumption unless every particle of the final
mixture of the milk or milk products used in processing or
manufacture has been thoroughly pasteurized by equipment approved
by the board.
(b) The provisions of this chapter governing pasteurization do not
apply to a person selling or offering for sale cheddar cheese that has
been made from unpasteurized milk if:
(1) the cheese was made from unpasteurized milk and has been
cured or ripened for at least sixty (60) days at a controlled
temperature of at least thirty-five (35) degrees Fahrenheit; or
(2) the cheese is manufactured solely to be made into processed
cheese that is pasteurized during the blending or manufacturing
process.
Varieties of cheese other than that of the cheddar type made from
unpasteurized milk must be ripened for the time and under the
conditions prescribed by rule of the board. Cheese made from
unpasteurized milk and offered or displayed for sale to the consumer
must be labeled by the manufacturer or distributor with the
manufacturer's or distributor's name and address or an equivalent
identifying number or symbol and with the date of manufacture or a
statement to the effect that the cheese has been cured or ripened for
at least sixty (60) days.
(c) A pasteurizer of any milk or milk products must be equipped
with accurate indicating thermometers and accurate recording
thermometers and, for vat pasteurization equipment, an accurate
airspace thermometer of a type approved by the board. Each
recording thermometer chart must be dated and numbered and must
show the amount in gallons, the kind of product pasteurized, the
accurate readings of the indicating thermometers and airspace
thermometers, the time the reading was made, and the operator's
initials. Each chart may not be used for more than one (1) day of
operations. The records of the pasteurization of each batch
pasteurized 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 producer
or distributor may not transfer milk or milk products from one (1)
container or tank truck to another on the street, in a vehicle, store, or
in any place except a milk plant, receiving station, transfer station,
or milkhouse especially used for that purpose. The dipping or ladling
of milk or fluid milk products is prohibited. A can milk hauler or a
bulk milk hauler/sampler may not sample raw milk or milk products
to test for butterfat or transfer raw milk or milk products from one (1)
can or vehicle to another while in transit except in a receiving
station, transfer station, or in conformity with the statutes and rules
enforced by the board.
(b) A person may not sell or serve milk or a fluid milk product
except in the individual original container received from the
distributor or from an approved bulk dispenser. However, this
requirement does not apply to the following:
(1) Milk for mixed drinks requiring less than one-half (1/2) pint
of milk.
(2) Cream, whipped cream, or half-and-half that is consumed on
the premises and that may be served from the original container
of not more than one-half (1/2) gallon capacity or from a bulk
dispenser approved for such service by the board.
(c) A person may not sell or serve pasteurized milk or a milk
product that has not been maintained at a temperature required by
rule adopted by the board. If containers of pasteurized milk or milk
products are stored in ice, the storage container must be properly
drained. 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 a
milk can or receptacle any sweepings, refuse, dirt, litter, garbage,
filth, or any other animal or vegetable substance liable to decay and
tending to produce or promote an unsanitary condition.
(b) A person may not allow a can or receptacle to remain
uncleaned or bring or deliver to a person an uncleaned can or a
receptacle for the purpose of return or bring or deliver any milk,
cream, or ice cream can or receptacle for the purpose of delivery or
shipment to any person or creamery engaged in selling or shipping
substances for consumption as human food when the can or
receptacle contains particles of milk, cream, ice cream, or other
substance 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 not
subject 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 pasteurized
under rules that are substantially equivalent to this chapter.
(2) The milk and milk products have been awarded an
acceptable milk sanitation compliance and enforcement rating
made by a state milk sanitation rating officer certified by the
United States Food and Drug Administration.
(3) The milk originates from an area where the unit of
government accepts Indiana Grade A milk and milk products
certified 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 a
communicable form or who is a carrier of a disease may not work at
a dairy farm or milk plant in any capacity that brings the person into
contact with the production, handling, storage, or transportation of
milk, milk products, containers, equipment, or utensils.
(b) A dairy farm or milk plant operator may not employ a person
who is:
(1) affected with or who is suspected of having a communicable
disease; or
(2) a carrier or who is suspected of being a carrier of a
communicable disease;
in any capacity that brings the person into contact with the
production, handling, storage, or transportation of milk, milk
products, containers, equipment, or utensils.
(c) A producer or distributor of milk or milk products shall notify
the board immediately if any of the following occur:
(1) A communicable disease occurs on the producer's or
distributor's dairy farm or milk plant.
(2) The producer or distributor of milk or milk products
suspects that an employee has contracted or has become a
carrier 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 possibility
of transmission of infection from a person concerned with the
handling of milk or milk products, the board may require any or all
of the following measures:
(1) The immediate exclusion of the person from milk handling.
(2) The immediate exclusion of the milk supply concerned from
distribution and use.
(3) Adequate medical and bacteriological examination of the
person, 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, milking
barn, stable, parlor, transfer station, milk plant, milk tank truck
cleaning facility, and receiving station regulated under this chapter
that is constructed, reconstructed, or extensively altered must be
submitted 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 to
adequately and efficiently enforce this chapter and the rules adopted
under IC 4-22-2.
(b) The board may negotiate agreements with state and local
governmental agencies necessary in the opinion of the board to
provide for the proper administration of this chapter.
(c) The board may enter into reciprocal agreements with federal
or state milk control agencies having standards substantially
equivalent with this chapter and that are enforced with equal
effectiveness. 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 with
the 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 is
engaged in:
(1) the production, transportation, processing, or packaging of
raw or pasteurized milk and milk products;
(2) the business of selling or distributing products described in
subdivision (1) for human consumption; or
(3) the business of manufacturing containers for milk and milk
products;
may not prevent the inspectors and agents of the board from
performing 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 established
to implement education and other programs designed to prevent drug
residue violations. Money in the fund is appropriated for these
purposes.
(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 from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(f) Money in the fund at the end of a state fiscal year does not
revert 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 purpose
may enter upon and inspect premises on which containers are stored,
suspected of being stored, or trafficked in or on premises where raw
or pasteurized milk or milk products are produced, purchased,
received, transferred, transported, stored, processed, or put in
containers to be offered for sale or sold or distributed for human
consumption. 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 comply
with 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.
