reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-20. Sampler's License; Employment of Licensed Sampler; Examination; License Fee; Revocation; Refusal to Issue License

Sec. 20. (a) A person who does sampling in connection with receiving, buying, or paying for milk or cream on the basis of the total composition of milk or the protein and fat components contained in the milk or cream, either for the person, or as officer, servant, agent, or employee of any person, must hold a sampler's license.
(b) A dairy processing plant, receiving station, other factory, person, or person's agent, that receives, buys, or pays for milk or cream on the basis of the amount of butterfat contained in the milk or cream shall employ a licensed sampler to supervise and is responsible for the sampling and weighing of milk or cream to obtain a representative sample and make and record correct weights of the whole amount of milk or cream delivered.
(c) A milk sampler's license or cream sampler's license shall be issued to a person by the creamery license division if the person:
(1) passes a satisfactory examination as provided for in the rules adopted by the board and demonstrates that the person is competent and qualified to sample milk or cream; and
(2) pays a license fee as provided in section 25 of this chapter.
A license shall be revoked by the creamery license division upon recommendation of the board if the licensee fails to comply with the rules under which the license was granted.
(d) A license to test milk or cream includes the authority to sample and weigh milk or cream.
(e) The board may refuse to issue or reissue a license under this section to a person who:
(1) has:
(A) previously held a license under this section; and
(B) had the license revoked or suspended by the board; or
(2) has held a milk sampling related license or permit that has been suspended or revoked in another state.
[Pre-2008 Recodification Citation: 15-6-1-10.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.16.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-21. New License for Testers and Samplers

Sec. 21. An application for a new license to test must be accompanied by the payment of a fee of thirty dollars ($30). An application for a new license to sample or weigh must be accompanied by the payment of a fee of twenty dollars ($20). The fee shall pay for the first regular tester's or sampler's license issued to the applicant. If the applicant fails the examination or discontinues work before the examination can be given, the applicant forfeits the fee paid for the new license.
[Pre-2008 Recodification Citation: 15-6-1-11.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.17.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-22. Plant License

Sec. 22. The creamery license division shall issue a plant license to every dairy processing plant, receiving station, milk factory, cheese factory, condensery, ice cream factory, or other person that complies with section 18 of this chapter and pays to the creamery license division seventy-five dollars ($75) plus a fee of:
(1) twelve dollars ($12) per million on milk receipts of at least ten million (10,000,000) but not more than fifty million (50,000,000) pounds;
(2) nine dollars ($9) per million on milk receipts of at least fifty million (50,000,000) but not more than one hundred million (100,000,000) pounds; and
(3) five dollars ($5) per million on milk receipts of at least one hundred million (100,000,000) pounds;
during the preceding year ending December 31. The maximum fee may not exceed one thousand dollars ($1,000) regardless of volume received. Out-of-state milk receipts are exempt from the payment of fees.
[Pre-2008 Recodification Citation: 15-6-1-12(a).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-23. Receiving Station or Other Milk or Cream Processing Plant License

Sec. 23. A license shall be issued to a receiving station or other milk or cream processing plant upon payment to the creamery license division a fee of twenty-five dollars ($25).
[Pre-2008 Recodification Citation: 15-6-1-12(b).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-24. Milk or Cream Tester's License

Sec. 24. A license shall be issued to an applicant for a milk tester's license or cream tester's license if the applicant:
(1) complies with section 19 of this chapter; and
(2) pays to the creamery license division a fee of fifteen dollars ($15).
[Pre-2008 Recodification Citation: 15-6-1-12(c).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-25. Sampler's License

Sec. 25. A license shall be issued to an applicant for a sampler's license if the applicant:
(1) complies with section 20 of this chapter; and
(2) pays to the creamery license division a fee of ten dollars ($10).
[Pre-2008 Recodification Citation: 15-6-1-12(d).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-26. License Expiration

Sec. 26. A license issued under this chapter expires March 31 following its issue. A license is not transferable.
[Pre-2008 Recodification Citation: 15-6-1-14.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-27. Repealed

[Pre-2008 Recodification Citation: 15-6-1-12(e).]
As added by P.L.2-2008, SEC.9. Repealed by P.L.186-2014, SEC.18.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-28. Fees on Milk Purchases; Charge-Back to Producers

Sec. 28. (a) To secure sufficient funds to implement this chapter and to ensure accuracy to milk and cream producers in the weighing, sampling, and testing of milk and cream:
(1) a dairy processing plant;
(2) a receiving station;
(3) a milk factory;
(4) a milk distributor;
(5) a cheese factory;
(6) a condensery;
(7) an ice cream factory;
(8) any other processing plant; or
(9) a person purchasing fluid milk or cream in Indiana directly from producers or a producers' association or otherwise receiving milk directly from producers;
shall, during the month of May of each year, pay to the treasurer of Purdue University for the fluid milk or cream delivered during the month of May a sum equal in amount to two and one-half cents ($.025) per one hundred (100) pounds for all fluid milk purchased during that time. For the financing of the producers' share of this program, the processor shall charge the two and one-half cents ($.025) per one hundred (100) pounds back to the producer association or cooperative. For those patrons who do not belong to producer associations or cooperatives, the processor shall make this charge directly to the individual producer. Butterfat purchased from producers other than in the form of fluid milk shall be converted for the purpose of the deduction into four percent (4%) milk equivalent. Out-of-state receipts are exempt from the payment of these fees.
(b) All persons required to make payments under this section shall make reports of all purchases of milk and cream at the times and in the form as required by the creamery license division.
(c) It is a violation of this chapter for a person to fail to make:
(1) the payments required under this section; or
(2) an accurate accounting of the amount of fluid milk and cream purchased.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-6-1-13(a); subsection (b) formerly 15-6-1-13(c); subsection (c) formerly 15-6-1-13(d).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-29. Payment of Fees; Use of Funds

Sec. 29. Payments under section 28 of this chapter shall be made to the treasurer of Purdue University not later than June 20 of each year. The money received is for the exclusive use of the creamery license division. The money shall be expended for the following:
(1) Salaries and traveling expenses of inspectors.
(2) Necessary equipment and supplies for the inspection of all plants and stations.
(3) The examination of applicants for licenses.
(4) Disseminating information and instruction by means of publication.
(5) All other expenses necessary in administering this chapter.
[Pre-2008 Recodification Citation: 15-6-1-13(b).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-30. Late Fees

Sec. 30. If a person is more than thirty (30) days late paying a fee required under this chapter, the board shall assess a late fee of the greater of the following:
(1) Ten percent (10%) of the amount due.
(2) Five dollars ($5).
[Pre-2008 Recodification Citation: 15-6-1-22.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-31. Disposition of License Fees

Sec. 31. (a) The money for license fees and for inspection fees as provided in this chapter shall be paid to the treasurer of Purdue University. The Purdue University board of trustees shall expend the collected fees, on proper vouchers to be filed with the auditor of state, in meeting all necessary expenses in carrying out this chapter, including the employment of inspectors, traveling expenses of inspectors, expenses of issuing publications, and glassware equipment, testing device, and factory inspection as provided in this chapter.
(b) The treasurer's annual report to the governor must include a classified report showing the total receipts and expenditures of all fees received under this chapter.
[Pre-2008 Recodification Citation: 15-6-1-15.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-32. Annual Report; Statistics; Records

Sec. 32. Plants and stations covered by this chapter as listed in section 18 of this chapter (dairy processing plant and receiving station licenses) shall report before April 1 of each year the amount of milk or cream, or both, purchased during the last calendar year with the amount of butterfat in the milk or cream. Any other data or statistics desired by the creamery license division pertaining to the purchase of milk or cream must be reported to the creamery license division by the person according to and on forms furnished by the creamery license division. A person providing information under this section shall keep complete and accurate records of the person's business.
[Pre-2008 Recodification Citation: 15-6-1-16.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-33. Powers of Inspectors; Powers of Creamery Examining Board

Sec. 33. (a) For purposes of this chapter, inspectors of the creamery license division may do the following:
(1) Enter at all reasonable hours all places where milk or cream is being stored, bottled, or processed, or where milk or cream is being bought, sold, or handled, to inspect records pertaining to the purchase and payment of milk or cream.
(2) Inspect and copy the records pertaining to the purchase and payment of milk or cream.
(3) Take testimony to ascertain facts pertaining to the purchase and payment of milk or cream that in the judgment of the creamery license division are necessary to administer this chapter.
(b) The board may determine the truth and accuracy of the books, records, papers, documents, accounts, and reports required to be furnished in accordance with this chapter.
[Pre-2008 Recodification Citation: 15-6-1-17.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-34. Interference With or Obstruction of Inspector

Sec. 34. (a) A person or an officer, a servant, an agent, or an employee of a person may not interfere with an authorized inspector of the creamery license division who is:
(1) making an inspection; or
(2) taking a sample;
required under this chapter.
(b) A person that owns or operates or is in charge of a dairy processing plant, a receiving station, a milk factory, a cheese factory, a condensery, an ice cream factory, or other processing plant that is subject to inspection or entry by an inspector of the creamery license division may not refuse to allow or may not obstruct an inspector's entry or inspection.
[Pre-2008 Recodification Citation: 15-6-1-18.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-35. Violations

Sec. 35. A person who recklessly violates this chapter commits a Class A misdemeanor.
[Pre-2008 Recodification Citation: 15-6-1-19.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 3. Prohibition of Fees Assessed by Local Governments on Milk Producers › 15-18-3-1. "Engaged in the Production of Milk"

Sec. 1. As used in this chapter, "engaged in the production of milk" includes every person engaged in producing milk in Indiana or to be shipped into Indiana as a:
(1) producer;
(2) producer-distributor; or
(3) producer-cooperative.
[Pre-2008 Recodification Citation: 15-6-2-1(3).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 3. Prohibition of Fees Assessed by Local Governments on Milk Producers › 15-18-3-2. "Milk"

Sec. 2. As used in this chapter, "milk" means the lacteal secretion obtained by the milking of one (1) or more cows or other dairy animals, including goats, whether in the original or in any processed form, including cream, buttermilk, and skimmed milk intended for human consumption.
[Pre-2008 Recodification Citation: 15-6-2-1(2).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 3. Prohibition of Fees Assessed by Local Governments on Milk Producers › 15-18-3-3. "Person"

Sec. 3. As used in this chapter, "person" means an individual, a firm, a limited liability company, a corporation, or an association.
[Pre-2008 Recodification Citation: 15-6-2-1(1).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 3. Prohibition of Fees Assessed by Local Governments on Milk Producers › 15-18-3-4. "Producer"

Sec. 4. As used in this chapter, "producer" means a person who produces milk in Indiana or to be shipped into Indiana.
[Pre-2008 Recodification Citation: 15-6-2-1(4).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 3. Prohibition of Fees Assessed by Local Governments on Milk Producers › 15-18-3-5. "Producer-Cooperative"

Sec. 5. As used in this chapter, "producer-cooperative" includes:
(1) corporations or associations organized under IC 15-12-1; or
(2) similar corporations or associations organized under agricultural cooperative marketing acts of states adjoining Indiana and admitted to do business in Indiana.
[Pre-2008 Recodification Citation: 15-6-2-1(6).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 3. Prohibition of Fees Assessed by Local Governments on Milk Producers › 15-18-3-6. "Producer-Distributor"

Sec. 6. As used in this chapter, "producer-distributor" includes a person that:
(1) owns, manages, or controls a dairy herd; and
(2) sells or distributes milk from the person's own herd at wholesale or retail.
[Pre-2008 Recodification Citation: 15-6-2-1(5).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 3. Prohibition of Fees Assessed by Local Governments on Milk Producers › 15-18-3-7. Milk Producers; Exemption From Certain Local Fees

Sec. 7. A unit (as defined in IC 36-1-2-23) may not assess:
(1) a permit fee;
(2) a license fee; or
(3) an inspection fee;
on a person engaged in the production of milk.
[Pre-2008 Recodification Citation: 15-6-2-2.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 4. Payment of Claims Against Dairy Processing Plants › 15-18-4-1. Claim Against Milk Processor; Priority on Insolvency

Sec. 1. (a) The whole claim or a judgment for the whole claim of a person is entitled to the same preferences in an insolvency proceeding under IC 22-2-10-1 if the claim or judgment is against:
(1) the owner or operator of a dairy plant or receiving station or any other premises where a dairy product is manufactured, processed, or handled or of any premises used to receive and ship milk or cream, except to the ultimate consumer; or
(2) any:
(A) dealer in a dairy product; or
(B) other person (except a hauler from the producer to a plant or receiving station) who purchases, assembles, or receives a dairy product for manufacturing, processing, or sale;
and the basis of the claim or judgment is milk, cream, any other dairy product or byproduct, or any commodity, the principal constituents or ingredients of which include (separately or in combination) milk, cream, or any other dairy product that is sold or delivered to the owner, operator, dealer, or other person.
(b) This section does not affect or impair any other lien or security for the claim or judgment described in subsection (a).
[Pre-2008 Recodification Citation: 15-6-3-1.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-1. "Board"

Sec. 1. As used in this chapter, "board" refers to the Indiana dairy industry development board established by section 9 of this chapter.
[Pre-2008 Recodification Citation: 15-6-4-1.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-2. "Commercial Use"

Sec. 2. As used in this chapter, "commercial use" means sale for:
(1) retail consumption;
(2) resale; or
(3) processing for resale.
[Pre-2008 Recodification Citation: 15-6-4-2.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-3. "Director"

Sec. 3. As used in this chapter, "director" refers to the director of the Indiana state department of agriculture or the director's designee.
[Pre-2008 Recodification Citation: 15-6-4-3.]
As added by P.L.2-2008, SEC.9. Amended by P.L.120-2008, SEC.86.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-4. "Milk"

Sec. 4. As used in this chapter, "milk" means any class of milk produced by dairy cows in Indiana.
[Pre-2008 Recodification Citation: 15-6-4-4.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-5. "Person"

Sec. 5. As used in this chapter, "person" means an individual, a partnership, a limited liability company, a public or private corporation, a political subdivision (as defined in IC 36-1-2-13), a cooperative, a society, an association, or a fiduciary.
[Pre-2008 Recodification Citation: 15-6-4-5.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-6. "Producer"

Sec. 6. As used in this chapter, "producer" means a person engaged in the production of milk in Indiana for commercial use, including a producer-processor.
[Pre-2008 Recodification Citation: 15-6-4-6.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-7. "Producer-Processor"

Sec. 7. As used in this chapter, "producer-processor" means a producer who processes and markets the producer's own milk.
[Pre-2008 Recodification Citation: 15-6-4-7.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-8. "Qualified Program"

Sec. 8. As used in this chapter, "qualified program" means a state or regional dairy product promotion, research, or nutrition education program that:
(1) is certified under 7 CFR 1150.153, as amended; and
(2) meets the following requirements:
(A) Conducts activities (as defined in 7 CFR 1150.114, 7 CFR 1150.115, and 7 CFR 1150.116) intended to increase consumption of milk and dairy products.
(B) Is financed primarily by producers, either individually or through cooperative associations.
(C) Does not use a private brand or trade name in advertising and promotion of dairy products unless the national dairy promotion and research board established under 7 CFR 1150.131 and the United States Secretary of Agriculture concur that the requirement should not apply.
(D) Certifies to the United States Secretary of Agriculture that a request from a producer for a refund under the program will be honored by forwarding the part of the refund equal to the amount of credit that otherwise would be applicable to the program under 7 CFR 1150.152(c) to either the national dairy promotion and research board or a qualified program designated by the producer.
(E) Does not use program funds to influence governmental policy or action.
[Pre-2008 Recodification Citation: 15-6-4-8.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-9. Indiana Dairy Industry Development Board Created as a Body Corporate and Politic

Sec. 9. (a) The Indiana dairy industry development board is established. The board is a public body corporate and politic and, though it is separate from the state, the exercise by the board of its powers constitutes an essential governmental function.
(b) The board consists of:
(1) at least nine (9); and
(2) not more than twenty-five (25);
voting members appointed under section 12 of this chapter.
(c) Each voting member of the board must:
(1) be a resident of Indiana;
(2) be at least twenty-one (21) years of age;
(3) have been actually engaged in the production of milk in Indiana for at least one (1) year; and
(4) derive a substantial part of the member's income from the production of milk in Indiana.
(d) The board may appoint individuals who hold offices of importance to the milk industry or have special expertise concerning the industry to participate in the work of the board as nonvoting members. Not more than five (5) individuals may be appointed under this subsection.
(e) The director may participate in the activities of the board as an ex officio member.
(f) An Indiana dairy farmer selected to serve on the national dairy board shall be a nonvoting, advisory member of the board.
(g) Fewer than fifty percent (50%) of the board members, including nonvoting members, may be members of Milk Promotion Services of Indiana, Inc.
[Pre-2008 Recodification Citation: 15-6-4-9.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-10. Determination of Percentages of Milk Marketings Produced

Sec. 10. (a) Before March 31 of each year, the board shall:
(1) determine:
(A) the percentage of the state's milk marketings produced by each producer registered with the state board of animal health or the United States Department of Agriculture; and
(B) the number of representatives, if any, each producer is entitled to have on the board based on funds retained in Indiana; and
(2) inform each producer described in subdivision (1)(A) of the determinations made under subdivision (1).
(b) The board shall make the determinations required under this section based upon:
(1) year end milk marketing figures from:
(A) the United States Department of Agriculture; or
(B) any other source the board considers reliable; and
(2) the formula prescribed under section 12 of this chapter.
[Pre-2008 Recodification Citation: 15-6-4-10.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-11. Nominations to Board

Sec. 11. (a) Not later than thirty (30) days after receiving a notice from the board under section 10 of this chapter, a producer or group of producers entitled to representation on the board may submit nominations to the board for board members.
(b) A producer or group of producers may submit two (2) nominations for each board member to which the producer or group of producers is entitled.
[Pre-2008 Recodification Citation: 15-6-4-11.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-12. Appointments to Board

Sec. 12. (a) The board shall appoint from among the nominations made under section 11 of this chapter one (1) board member to represent each:
(1) producer who represents at least three percent (3%) of the state's participating milk marketings; and
(2) group of producers that:
(A) collectively represents at least three percent (3%) of the state's participating milk marketings; and
(B) notifies the board that the producers desire to be considered collectively for purposes of representation on the board.
(b) In addition to the members appointed under subsection (a), the board shall appoint one (1) board member to represent a producer or group of producers described in subsection (a)(2) for each additional ten percent (10%) of the state's participating milk marketings exceeding three percent (3%) that the producer or group of producers represents. Not more than four (4) board members may represent any producer or group of producers.
(c) The board shall make the appointments required under this section not later than thirty (30) days after the close of the period for submission of nominations under section 11 of this chapter.
(d) An appointment made by the board under this section may not result in a producer or group of producers having two (2) members on the board at the same time that represent the same share of the state's participating milk marketings.
(e) If a producer or group of producers entitled to representation on the board fails to submit a nomination, the board may appoint any individual who meets the requirements of section 9(c) of this chapter to represent the producer or group of producers.
[Pre-2008 Recodification Citation: 15-6-4-12.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-13. Terms of Board Members

Sec. 13. (a) The term of office of a board member is three (3) years.
(b) A member continues in office until a successor who meets the qualifications set forth in section 9(c) of this chapter is elected.
(c) A member may not serve for more than a total of three (3) terms.
(d) If, upon expiration of the term of a board member, the producer or group of producers that nominated the member no longer represents the percentage of the state's milk marketings required under section 12 of this chapter, a person may not be appointed to replace the board member.
[Pre-2008 Recodification Citation: 15-6-4-13.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-14. Traveling Expenses

Sec. 14. (a) As used in this section, "maximum daily amount" refers to the maximum daily amount allowable to employees of the executive branch of the federal government for subsistence expenses while away from home in travel status.
(b) Each member of the board who is not a state employee is entitled to a business per diem determined by the board.
(c) Each member of the board is also entitled to either:
(1) a per diem to cover travel and other expenses incurred in connection with the member's duties; or
(2) reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties;
as determined by the board.
(d) The business per diem allowance may not exceed the maximum daily amount allowable in the particular location where the member's duties are being performed. A mileage rate established by the board may not exceed the standard mileage rates for personally owned transportation equipment established by the United States Internal Revenue Service for each mile necessarily traveled from the member's usual place of residence to the particular location where the member's duties are being performed.
[Pre-2008 Recodification Citation: 15-6-4-14.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-15. Vacancies on Board

Sec. 15. (a) A member's term of office terminates and the member's office becomes vacant if the member:
(1) dies;
(2) becomes disabled;
(3) resigns; or
(4) ceases to meet at least one (1) of the qualifications set forth in section 9(c) of this chapter.
(b) If a board member's office becomes vacant before expiration of the member's term of office, the board shall:
(1) certify to the producer or group of producers who nominated the member that the vacancy exists; and
(2) request nominations in accordance with section 11 of this chapter to fill the vacancy.
(c) The board shall appoint one (1) of the individuals nominated under subsection (b).
(d) An individual appointed under this section shall serve for the remainder of the unexpired term.
[Pre-2008 Recodification Citation: 15-6-4-15.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-16. Duties of the Board

Sec. 16. The board shall do the following:
(1) Elect from among the board's members a chairperson, vice chairperson, secretary, treasurer, and other officers the board considers necessary.
(2) Employ personnel and contract for services that are necessary for the proper implementation of this chapter.
(3) Establish accounts in adequately protected financial institutions to receive, hold, and disburse funds accumulated under this chapter.
(4) Bond the treasurer and other persons as necessary to ensure adequate protection of funds received and administered by the board.
(5) Authorize the expenditure of funds and the contracting of expenditures to conduct proper activities under this chapter.
(6) Annually establish priorities and prepare and approve a budget consistent with the estimated resources of the board and the scope of this chapter.
(7) Provide for an independent audit, provide the results of the audit to the state board of accounts and the Indiana state department of agriculture, and make the results of the audit available to all interested persons.
(8) Procure and evaluate data and information necessary for the proper implementation of this chapter.
(9) Formulate and execute assessment procedures and methods of collection.
(10) Establish procedures to annually inform all producers regarding board members, policy, expenditures, and programs for the preceding year.
(11) Receive and investigate, or cause to be investigated, complaints and violations of this chapter and take necessary action within its authority.
(12) Take any other action necessary for the proper implementation of this chapter, including the adoption of rules under IC 4-22-2.
[Pre-2008 Recodification Citation: 15-6-4-16.]
As added by P.L.2-2008, SEC.9. Amended by P.L.120-2008, SEC.87.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-17. Meetings of Board

Sec. 17. (a) The board shall meet at least once every six (6) months.
(b) The board shall meet at a date, time, and place fixed by the board.
(c) The chairperson:
(1) may call a special meeting; and
(2) shall call a special meeting upon the request of at least twenty-five percent (25%) of the members of the board.
(d) Written notice of the date, time, and place of all meetings shall be mailed in advance to each board member.
[Pre-2008 Recodification Citation: 15-6-4-17.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-18. Quorum

Sec. 18. (a) A majority of voting members appointed to the board constitutes a quorum for the transaction of business.
(b) The affirmative vote of a majority of all members appointed to the board is necessary for the action of the board.
[Pre-2008 Recodification Citation: 15-6-4-18.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-19. Review of Expenditures

Sec. 19. At each regular meeting, the board shall review all expenditures made since the board's last regular meeting.
[Pre-2008 Recodification Citation: 15-6-4-19.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-20. Minutes of Meetings and Other Records

Sec. 20. (a) The board shall keep:
(1) minutes of the board's meetings; and
(2) other books and records that clearly reflect all the acts and transactions of the board.
(b) The records of the board required to be kept under subsection (a) shall be open to examination during normal business hours.
[Pre-2008 Recodification Citation: 15-6-4-20.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-21. Office Space; Administrative Expenses

Sec. 21. (a) The board may contract for the necessary office space, furniture, stationery, printing, and personnel services useful or necessary for the administration of this chapter.
(b) The total administrative costs and expenses of the board may not exceed five percent (5%) of the annual assessments collected under this chapter.
[Pre-2008 Recodification Citation: 15-6-4-21.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-22. Liabilities of Board; Personal Liability of Members and Employees

Sec. 22. (a) Obligations incurred by the board and other liabilities and claims against the board may be enforced only against the assets of the board in the same manner as if it were a corporation. Liabilities for the debts or actions of the board may not arise against:
(1) the state;
(2) a political subdivision (as defined in IC 34-6-2-110); or
(3) a member, officer, employee, or agent of the board in an individual capacity.
(b) The members and employees of the board may not be held responsible individually to any person for errors in judgment, mistakes, or other acts either of commission or omission, as principal, agent, or employee, except for their own individual acts that result in the violation of any law.
(c) An employee of the board may not be held responsible individually for the act or omission of a member of the board.
(d) Any liability of the members of the board is several and not joint. A member of the board may not be held liable for the default of another member.
[Pre-2008 Recodification Citation: 15-6-4-22.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-23. Annual Report Filed With Director

Sec. 23. (a) The board shall file a report with the director before October 1 of each year.
(b) The report required under subsection (a) must contain the following information:
(1) The income received from the assessments and penalties collected under this chapter for the preceding fiscal year.
(2) The expenditure of funds by the board during the year for the administration of this chapter.
(3) A brief description of all contracts requiring the expenditure of funds by the board and the action taken by the board on all contracts.
(4) An explanation of all programs relating to the discovery, promotion, and development of markets and industries for the use of dairy products and the direct expense associated with each program.
(5) The name and address of each member of the board.
(6) A brief description of the rules and orders adopted by the board.
(c) The report required under subsection (a) shall be available to the public upon request.
[Pre-2008 Recodification Citation: 15-6-4-23.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-24. Imposition of Assessment on Milk

Sec. 24. An assessment of ten cents ($0.10) per hundredweight is imposed on all milk produced in Indiana for commercial use.
[Pre-2008 Recodification Citation: 15-6-4-24.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-25. Remittance of Assessment to Board

Sec. 25. A producer shall remit the assessment required under section 24 of this chapter to the board:
(1) not later than the last day of the month following the month in which the milk is commercially used; and
(2) together with a report in a form approved by the board detailing all assessments collected and remitted under this chapter.
[Pre-2008 Recodification Citation: 15-6-4-25.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-26. Assessments; Deposit Requirement

Sec. 26. The board shall deposit all assessments received under this chapter in the fund established by the board under section 28 of this chapter.
[Pre-2008 Recodification Citation: 15-6-4-26.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-27. Procedures for Directing Assessment to Other Entities

Sec. 27. The board shall establish procedures for allowing a producer to direct the distribution of the producer's assessment to:
(1) the national dairy board; or
(2) a qualified program other than the program chosen by the board.
[Pre-2008 Recodification Citation: 15-6-4-27.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-28. Assessment Fund; Uses

Sec. 28. (a) The board shall establish and administer a fund for assessments received under this chapter. The fund is not a part of the state treasury.
(b) The board shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(c) The board shall use the money in the fund to implement this chapter.
(d) The board may not use money in the fund to establish a program of its own but shall fund an active, ongoing, qualified program in Indiana as stated in 7 U.S.C. 4505 and the regulations adopted under that law. A qualified program that receives money under this subsection may use the money to jointly sponsor projects with any private or public organization for any of the following:
(1) Advertising and promotion.
(2) Market research.
(3) Nutrition and product research and development.
(4) Nutrition and educational programs.
(5) Any other activity to meet the objectives of this chapter.
[Pre-2008 Recodification Citation: 15-6-4-28.1.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-29. Penalties on Unpaid Assessments

Sec. 29. (a) The board shall add a penalty of one and one-half percent (1.5%) per month on an unpaid assessment, beginning with the day following the date the assessment was due. Any remaining amount due, including an unpaid penalty assessed under this section, shall be increased at the same rate on the corresponding day of each succeeding month until paid.
(b) For purposes of this section, an assessment that was determined at a date later than prescribed by section 25 of this chapter because of the failure to submit a report to the board when due shall be considered to have been payable on the date it would have been due if the report had been timely filed.
(c) The timeliness of a payment to the board shall be based on:
(1) the applicable postmarked date; or
(2) the date actually received by the board;
whichever is earlier.
[Pre-2008 Recodification Citation: 15-6-4-30.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-30. Court Action to Collect Assessments and Fees

Sec. 30. The board may maintain a court action to collect assessments and late payment fees due under this chapter.
[Pre-2008 Recodification Citation: 15-6-4-31.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-31. Cumulative Nature of Remedies

Sec. 31. The remedies provided in this chapter are in addition to other remedies provided by law or in equity.
[Pre-2008 Recodification Citation: 15-6-4-32.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 5. Indiana Dairy Industry Development › 15-18-5-32. Violations

Sec. 32. A person who knowingly or intentionally violates this chapter commits a Class C misdemeanor.
[Pre-2008 Recodification Citation: 15-6-4-29.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 1. Livestock Breeders Associations › 15-19-1-1. Application of Chapter

Sec. 1. Subject to section 4(b) of this chapter, this chapter applies to a fair association described in section 2 of this chapter and organized after March 5, 1889.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 1. Livestock Breeders Associations › 15-19-1-2. Incorporation of Fair Associations

Sec. 2. (a) A group of at least five (5) persons may form an incorporated company for the purpose of forming a fair association to improve the breeding and speed of stock and to promote agriculture.
(b) To form a fair association described in subsection (a), a group must adopt written articles of association that:
(1) specify the purpose of the fair association;
(2) specify the corporate name chosen for the fair association;
(3) list the name and residence of each member;
(4) contain an impression of the corporate seal; and
(5) establish the manner in which persons or officers are chosen to manage the business concerns of the fair association.
[Pre-2008 Recodification Citation: 15-5-3-1.]
As added by P.L.2-2008, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 1. Livestock Breeders Associations › 15-19-1-3. Articles of Association; Filing; Amendment

Sec. 3. Every fair association shall file its articles of association in the recorder's office of the county where the association is formed. The recorder shall record the articles of association in the miscellaneous record. The record or a certified copy of the record is conclusive evidence of the matters recited in the record. The articles may be amended at any time by a majority vote of the members of the association. The articles of association take effect on the date they are recorded in the recorder's office.
[Pre-2008 Recodification Citation: 15-5-3-2.]
As added by P.L.2-2008, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 1. Livestock Breeders Associations › 15-19-1-4. Corporate Powers; Application to Previously Organized Fair Associations

Sec. 4. (a) A fair association is a corporation from the date the articles of incorporation are filed in the appropriate recorder's office. The fair association has all the rights, powers, and privileges given to a corporation under common law, including the right to:
(1) sue and be sued;
(2) borrow money and secure payment by notes, mortgages, bonds, or deeds of trust upon its personal and real property; and
(3) rent, lease, purchase, hold, sell, and convey real estate and personal property to the extent necessary and proper to erect buildings and other proper purposes of the corporation.
(b) If:
(1) a fair association was organized in Indiana before March 6, 1889; and
(2) the fair association met the requirements of section 2 of this chapter when it was organized;
subsection (a) applies to that association and to an association described in section 1 of this chapter.
[Pre-2008 Recodification Citation: 15-5-3-3.]
As added by P.L.2-2008, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 1. Livestock Breeders Associations › 15-19-1-5. Bylaws

Sec. 5. A fair association may provide in its bylaws for the admission and expulsion of members and for the election of officers as may be necessary to accomplish the goals of the corporation. A fair association may adopt bylaws for the governance of the officers and members of the corporation.
[Pre-2008 Recodification Citation: 15-5-3-4.]
As added by P.L.2-2008, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 2. Indiana Standardbred Advisory Board › 15-19-2-1. "Board"

Sec. 1. As used in this chapter, "board" refers to the Indiana standardbred advisory board established by section 2 of this chapter.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 2. Indiana Standardbred Advisory Board › 15-19-2-2. Establishment

Sec. 2. The Indiana standardbred advisory board is established to make recommendations to the Indiana horse racing commission (IC 4-31-3-1) for the furtherance of the standardbred horse industry in Indiana.
[Pre-2008 Recodification Citation: 15-5-5.5-1.]
As added by P.L.2-2008, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 19. Livestock › Chapter 2. Indiana Standardbred Advisory Board › 15-19-2-3. Membership

Sec. 3. The Indiana standardbred advisory board consists of seven (7) members selected as follows:
(1) The chairman of the Indiana horse racing commission, or the chairman's designee, is an ex officio member.
(2) Two (2) members who are members of county fair boards appointed by the governor.
(3) Four (4) members appointed by the governor who have in the past participated or shown an interest in the standardbred industry. This interest may, but does not necessarily have to be, evidenced by virtue of being an owner, driver, veterinarian, trainer, or breeder.
Not more than three (3) of the appointees under subdivisions (2) and (3) may be of the same political party as the chairman of the Indiana horse racing commission.
[Pre-2008 Recodification Citation: 15-5-5.5-2.]
As added by P.L.2-2008, SEC.10.