reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-2.1-23-2(f); subsection (b) formerly 15-2.1-23-2(g).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-2(h).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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 two (2) years after the most recent inspection.
(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.
[Pre-2008 Recodification Citation: 15-2.1-23-2(i).]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-2(j).]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-3.3.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 15-18-1-11. Approved Industry Plant Sampler

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 use at least one (1) approved industry plant sampler.
(b) The board may approve an industry plant sampler who meets the following requirements:
(1) The person has submitted an application for an industry plant sampler permit to the board.
(2) The person has demonstrated the person's sampling proficiency by passing a performance based evaluation.
(3) The person has passed a written examination given by the board.
[Pre-2008 Recodification Citation: 15-2.1-23-3.5.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.4.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 15-18-1-12. Labeling Information; Shipping Statement

Sec. 12. (a) A bottle, container, or package enclosing milk, Grade A dry milk and whey products, or milk products must be labeled in accordance with the rules of the board.
(b) A milk product may not bear a Grade A label unless the milk product is produced in accordance with the rules of the board for grade A milk or milk products.
(c) 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.
(d) 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 temperature of the product.
(8) The date of shipment.
(9) The name of the supervising agent of the state regulatory authority at the point of origin.
(10) Whether the contents are raw, pasteurized, or heat treated.
(11) The seal number on inlet, outlet, and wash connections and vents.
(12) The grade of the product.
(13) The antibiotic test results.
(e) 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.
(f) 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.
[Pre-2008 Recodification Citation: 15-2.1-23-4.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.5.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 15-18-1-14. Compliance With National Standards; Rules

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 national 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.
(c) The board shall determine when an amendment to national standards described in subsection (b) has been adopted. If the board determines that an amendment to the national 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 national 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.
[Pre-2008 Recodification Citation: 15-2.1-23-6.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.7.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-6.3.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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 national standards adopted by the National Conference on Interstate Milk Shipments.
(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.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-2.1-23-6.5(d) part; subsection (b) formerly 15-2.1-23-6.5(c).]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.8.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-7.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-7.5.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 15-18-1-20. Sale of Graded Milk Products; Prohibited Milk Ordinances

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.
[Pre-2008 Recodification Citation: 15-2.1-23-8.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.10.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-8.5.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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 and permitted 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 pasteurized milk or a milk product that has not been maintained at a temperature required by rule adopted by the board.
[Pre-2008 Recodification Citation: 15-2.1-23-9.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.11.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-9.5.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-10.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-11.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-12.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-13.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-14.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-15.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-15.5.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-17.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-15.8.]
As added by P.L.2-2008, SEC.9.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 1. Milk and Milk Products; Permits; Standards; Inspections › 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.
[Pre-2008 Recodification Citation: 15-2.1-23-16.]
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 › 15-18-2-1. "Babcock Test"

Sec. 1. As used in this chapter, "Babcock test" means the official Babcock test for milk and for cream.
[Pre-2008 Recodification Citation: 15-6-1-2(5).]
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 › 15-18-2-2. "Board"

Sec. 2. As used in this chapter, "board" refers to the creamery examining board established by section 9 of this chapter.
[2008 Recodification Citation: New.]
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 › 15-18-2-3. "Milk Distributor"

Sec. 3. As used in this chapter, "milk distributor" means any person or person's agent that purchases market milk or market cream from a bargaining agent or another plant for resale.
[Pre-2008 Recodification Citation: 15-6-1-2(4).]
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 › 15-18-2-4. "Other Processing Plant"

Sec. 4. As used in this chapter, "other processing plant" means any place, premises, or establishment:
(1) where milk or cream is received, processed, or manufactured; and
(2) that is not specifically identified in this chapter.
[Pre-2008 Recodification Citation: 15-6-1-2(3).]
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 › 15-18-2-5. "Person"

Sec. 5. As used in this chapter, unless the context otherwise indicates, "person" includes an individual, a partnership, a limited liability company, a corporation, and an association.
[Pre-2008 Recodification Citation: 15-6-1-2(1).]
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 › 15-18-2-6. "Receiving Station"

Sec. 6. As used in this chapter, "receiving station" means any place other than a dairy processing plant where milk or cream is received, weighed, sampled, or tested for shipment to any other processing plant.
[Pre-2008 Recodification Citation: 15-6-1-2(2).]
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 › 15-18-2-7. "Standard Babcock Testing Glassware"

Sec. 7. As used in this chapter, "standard Babcock testing glassware" means glassware and weights that comply with specifications for official apparatus for the Babcock method as defined in the latest edition of Official Methods of Analysis of AOAC International.
[Pre-2008 Recodification Citation: 15-6-1-7.]
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 › 15-18-2-8. Enforcement

Sec. 8. The creamery license division of Purdue University, in cooperation with the board, shall enforce this chapter.
[Pre-2008 Recodification Citation: 15-6-1-1.]
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 › 15-18-2-9. Creamery Examining Board; Membership

Sec. 9. (a) The creamery examining board is established. The board consists of eight (8) members composed of the following:
(1) Three (3) producers of milk and cream.
(2) Three (3) processors of milk and cream.
(3) One (1) member of the animal sciences department who shall be appointed by the dean of agriculture of Purdue University.
(4) One (1) milk hauler.
The board shall elect a chairperson annually.
(b) Two (2) of the producer members shall be elected to the board by the board of directors of the Indiana Dairy Producers, Inc. The third producer member shall be elected to the board by the Indiana State Dairy Association. If an organization is unable to elect a producer to the board, then the other organization shall elect the producer to the board. However, if both organizations are unable to elect a producer to the board, the dean of agriculture of Purdue University shall appoint a producer to fill the open position after consulting with dairy producers in Indiana.
(c) The three (3) processor members shall be elected to the board by the Midwest Dairy Products Association. If the Midwest Dairy Products Association is not able to elect a processor to the board, the dean of agriculture of Purdue University shall appoint a processor to fill the open position after consulting with dairy processors in Indiana.
(d) The Midwest Dairy Products Association shall elect one (1) member each year. The board of directors of the Indiana Dairy Producers, Inc., shall elect a producer member to the board two (2) out of every three (3) years and the Indiana State Dairy Association shall select a producer member during the third year.
(e) The milk hauler member shall be appointed to the board by the dean of agriculture of Purdue University.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-6-1-21(a); subsection (b) formerly 15-6-1-21(b); subsection (c) formerly 15-6-1-21(c); subsection (d) formerly 15-6-1-21(e); subsection (e) formerly 15-6-1-21(f).]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.12.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-10. Terms

Sec. 10. (a) The term of a board member is three (3) years.
(b) A vacancy in any membership of the board shall be filled by the same process for the unexpired term.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-6-1-21(d); subsection (b) formerly 15-6-1-21(g).]
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 › 15-18-2-11. Reimbursement

Sec. 11. Board members shall be reimbursed by the creamery license division for actual traveling expenses and subsistence while attending a regular or called meeting.
[Pre-2008 Recodification Citation: 15-6-1-21(j).]
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 › 15-18-2-12. Duties

Sec. 12. The board shall do the following:
(1) Hold regular quarterly meetings and in addition meet in special called sessions at a date, time, and place designated by the chairperson.
(2) Review all cases of violation of this chapter.
(3) Recommend the revocation of any license issued under this chapter.
(4) Adopt specific rules under IC 4-22-2 relative to weighing, sampling, and testing of milk and cream and to the enforcement of the creamery license law.
[Pre-2008 Recodification Citation: 15-6-1-21(h).]
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 › 15-18-2-13. Inspection

Sec. 13. On recommendation of the board and with the approval of the dean of agriculture of Purdue University, inspectors of the creamery license division may inspect records or collect data on the quality and quantity of milk and cream in plants that:
(1) cooperate with Purdue University in the quality improvement program; or
(2) assist in any other project that will be of mutual benefit to the Indiana dairy industry and the Purdue University animal sciences department.
[Pre-2008 Recodification Citation: 15-6-1-21(i).]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.13.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-14. Basis of Milk Purchases; Fresh Samples; Composite Samples

Sec. 14. (a) Milk and cream must be purchased on the basis of weight or volume and:
(1) the butterfat content;
(2) the protein content; or
(3) a combination of butterfat and protein content;
as determined by any test or tests approved by the board, which may also have been designated official by AOAC International.
(b) A payment for milk must be made either on the basis of:
(1) a fresh sample taken and tested according to procedures established under rules adopted by the board; or
(2) a composite test.
A composite sample must cover a period of not more than sixteen (16) days. In each plant, all composite samples must cover the same period for each test and succeeding periods must be as nearly equal as possible. All composite samples must cover the same period. A uniform sample consisting of at least ten (10) cubic centimeters of milk must be taken each day, except when milk is frozen or partly churned, from the milk furnished by each person. An approved preservative must be added to the sample and each composite sample must be held in an approved, rubber stoppered, airtight bottle that is plainly labeled to show the name or number of the person whose milk the composite sample represents. The milk to be sampled must be poured into a weigh tank approved by the creamery license division meeting the standards prescribed in rules, be run through a fine mesh or perforated metal strainer, and be homogeneous in richness before any sample is taken. The composite samples must be kept in a refrigerated cabinet or cooler in or near the receiving room at a temperature of not more than forty-two (42) degrees Fahrenheit, away from strong light, and must be kept free of mold. The test must be made within seventy-two (72) hours, excluding Sundays and holidays, after the last sample has been added to the composite sample.
(c) If at the close of any composite period the composite samples are inaccurate as determined by the creamery license division, three (3) daily samples must be taken within the first five (5) days of the following composite period. The average of the three (3) fresh samples determines the basis of payment for the composite period in question.
(d) In each plant where composite samples of milk are taken, the owner or manager shall delegate an individual who is responsible for the care, condition, and accuracy of all composite samples.
(e) After the composite samples are emptied, the sample bottles must be thoroughly washed, and all bottles and rubber stoppers shall be sterilized before being used again.
(f) Composite samples may be removed from the plant for testing elsewhere only on written permission from the creamery license division.
[Pre-2008 Recodification Citation: 15-6-1-3.]
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 › 15-18-2-15. Unfair Samples; Fraudulent Manipulation of Weights or Samples; Method of Weighing and Sampling

Sec. 15. (a) A hauler of milk or cream or other person or dairy processing plant or other milk plant or agent receiving milk or cream by weight or test or by weight and test may not fraudulently manipulate the weights of milk or cream of any person to take unfair samples or fraudulently manipulate the samples.
(b) When milk is received from farm bulk tanks, the hauler shall:
(1) weigh or measure the milk of each person accurately and correctly; and
(2) thoroughly mix the milk of each person by stirring until the milk is uniform and homogeneous in richness before the sample is taken from the milk.
When the weighing or sampling of the milk or cream of each person is done at the dairy processing plant, receiving station, other factory, or other location, the same procedures for buying and paying for milk or cream on the basis of the butterfat and protein apply.
[Pre-2008 Recodification Citation: 15-6-1-4.]
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 › 15-18-2-16. Fraudulent Manipulation of Tests

Sec. 16. A person acting alone or as the officer, servant, agent, or employee of any person buying and paying for milk or cream on the basis of the total composition of milk, the protein, or fat components of milk may not:
(1) underread, overread, or otherwise fraudulently manipulate the test used to determine the total composition of milk or the protein and fat components of milk; or
(2) pay for milk or cream on any test except the true test of the lot or lots of milk or cream received.
[Pre-2008 Recodification Citation: 15-6-1-5.]
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 › 15-18-2-17. Babcock Testing; Scales; Other Equipment

Sec. 17. (a) A person or a person's agent buying or paying for milk or cream on the basis of the amount of butterfat contained in the milk or cream as determined by the Babcock test shall use standard Babcock testing glassware and accurate scales.
(b) In conducting tests other than an approved test for determining the total composition of milk and the protein and fat components of milk, test equipment used that will influence test results must be approved by the creamery license division before use in determining producer pay tests.
[Pre-2008 Recodification Citation: 15-6-1-6.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.14.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 18. Dairy Products › Chapter 2. Milk and Cream Purchases › 15-18-2-18. License for Milk or Cream Buyers; Fees; Revocation

Sec. 18. (a) A dairy processing plant, a receiving station, a milk shipping station, a milk factory, a milk distributor, a cheese factory, a condensery, an ice cream factory, other processing plant, person, or person's agent that handles, receives, buys, or pays for milk or cream from a producer, a bargaining agent, or another plant shall obtain a license from the creamery license division.
(b) A license must be issued to the dairy, dairy processing plant, receiving station, milk factory, milk distributor, cheese factory, condensery, ice cream factory, other processing plant, person, or person's agent by the creamery license division upon:
(1) compliance with sections 14 through 17 of this chapter; and
(2) payment of a license fee as provided in sections 22 and 23 of this chapter.
A license shall be revoked by Purdue University upon recommendation of the board if the licensee fails to comply with the rules under which the license was granted.
[Pre-2008 Recodification Citation: 15-6-1-8.]
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 › 15-18-2-19. Tester's License; Employment of Licensed Tester; Examination; License Fee; Revocation; Refusal to Issue License

Sec. 19. (a) A person who does testing in connection with the receiving, buying, or paying for milk or cream on the basis of the total composition or the protein and fat components contained in the milk or cream, either for the person or as an officer, a servant, an agent, or an employee of any person, must hold a tester's license.
(b) A dairy processing plant, receiving station, or other factory, or person, or person's agent, that receives, buys, or pays for milk or cream on the basis of the total composition or the protein and fat components contained in the milk or cream shall employ a licensed tester to supervise and is responsible for the operation of the testing of milk or cream.
(c) A milk tester's license or cream tester'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 test milk or cream; and
(2) pays a license fee as provided in section 24 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) 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 testing related license or permit that has been suspended or revoked in another state.
[Pre-2008 Recodification Citation: 15-6-1-9.]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.15.