reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-13 - Payment for milk based on fresh milk samples; approval of agreement

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-14; IC  15-18-2-19
Sec. 13.
(a) Payment for milk on the basis of butterfat determinations made on fresh milk samples or component determinations on fresh milk samples may be made when agreed to between a check testing agency representing the producers shipping to a licensed dairy processing plant and the licensed dairy processing plant. Approval for such procedure must be obtained from the creamery license division thirty (30) days prior to start of the procedure.
(b) The following provisions must be observed in the operation of an agreement as established in subsection (a):
(1) Samples will be collected from each bulk tank on each producer's farm prior to loading the milk each time milk is picked up.
(2) At least one (1) sample will be analyzed every seven (7) or eight (8) days for all components that will be used to determine pay test. No less than four (4) tests will be run on each producer's milk shipments in a calendar month.
(3) Samples must be collected in a container that is clean, sanitized, and dry. The sample must be large enough to run at least two (2) tests (forty (40) milliliters or larger). Samples must be transported at a temperature between thirty-two (32) degrees Fahrenheit and forty (40) degrees Fahrenheit.
(4) Individual tank truck samples must be taken from each load delivered to a plant or station.
(5) When testing butterfat as a component for pay, this is the retesting procedure. When an individual producer's test varies more than three-tenths percent (0.3%) from the previous test, that producer's milk must be retested on the earliest possible shipment. The first test obtained will be used unless the variation exceeds one-tenth percent (0.1%). If the variation exceeds one-tenth percent (0.1%), the two (2) tests will be averaged and adjusted to the nearest one-tenth percent (0.1%). When the average of the two (2) tests is an even five-hundredths percent (0.05%), the test will be adjusted to the nearest one-tenth percent (0.1%) in the direction of the previous pay test. If samples must be retested for butterfat and payment is on components in addition to butterfat, analyses of all components used in calculating pay must be retested.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-14 - Farm bulk tanks; measuring milk level

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2
Sec. 14.
(a) The milk may be measured immediately if the bulk tank agitator is not running and the milk is motionless using the following methods:
(1) Gently move any foam away from the area of measurement with the measuring rod.
(2) Rinse the measuring rod with water at room temperature and wipe it dry with a single service towel.
(3) Insert the measuring rod slowly into the milk and allow it to seat itself naturally into its base.
(4) Remove the rod and read to the nearest graduation mark while holding at eye level in a well-lighted area. A second check reading is advisable.
(5) Record both the gauge reading and weight from the conversion chart on the farm weight sheet.
(6) Start the agitator and agitate for at least five (5) minutes (ten (10) minutes for bulk tanks of one thousand (1,000) gallons or more) before sampling.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-15 - Farm bulk tanks; sample size and frequency of sampling

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2
Sec. 15.
Representative samples must be taken from each delivery of milk after blending and before any milk is drawn from the bulk tank as follows:
(1) The sample size must not be less than forty (40) milliliters.
(2) The sample dipper must be stainless steel and not hold more than one-half (½) the quantity of milk required for a sample. Two (2) or more dips to obtain a sample will decrease the chance of sampling error.
(3) The sample container shall be of a size and design that will minimize churning and meet the requirements of the dairy division of the Indiana state board of animal health. The container must not be filled to the top in order to allow thorough mixing of the sample.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-16 - Farm bulk tanks; sampling procedure and sample care

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2
Sec. 16.
All sampling must be done by or at least be directly supervised by a licensed sampler as follows:
(1) Sample the milk only after at least five (5) minutes (ten (10) minutes for bulk tanks of one thousand (1,000) gallons or larger) of agitation.
(2) Drain the sanitized dipper and rinse it at least twice with milk before sampling. Take care to avoid bacteriological contamination of the milk when transferring the samples to the sample containers.
(3) Transfer at least two (2) dips of milk to a plainly labeled sample container.
(4) Place the sample in a refrigerated sample case and maintain a temperature of between thirty-two (32) degrees Fahrenheit and forty (40) degrees Fahrenheit during transit.
(5) A load sample must be taken immediately after pumping on the last producer's milk or at the destination point. Proper tank truck agitation or an approved in-line sampler is required at the plant.
(6) Rinse the sample dipper after each use and store it in a solution containing one hundred (100) to two hundred (200) P.P.M. chlorine until used again.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-17 - Farm bulk tanks; precautions

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2
Sec. 17.
(a) Any evidence of misalignment of farm bulk tanks must be immediately brought to the attention of the farm operator, the field person, and the plant management to ensure prompt corrective action.
(b) If there are indications that a bulk tank is not blending properly within five (5) minutes (ten (10) minutes for bulk tanks of one thousand (1,000) gallons or more), longer agitation is necessary. To check blending efficiency, duplicate samples must be taken at opposite ends of the bulk tank at as nearly the same time as possible. The duplicate samples of properly blended milk will test the same.
(c) Frozen or churned milk must not be sampled. The producer and the field person must be notified promptly and requested to correct the problem.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-18 - Farm bulk tanks; check of sampler's work

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-20
Sec. 18.
(a) All persons sampling farm bulk milk in Indiana must obtain a sampler's license as provided in IC  15-6-1-10
[IC 15-6 was repealed by P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC  15-18-2-20.]
.
(b) Applicants must receive a score of not less than seventy percent (70%) on the written examination and must receive a satisfactory proficiency check as determined by the creamery license division weighted average producer test to the test of the bulk tank truck.
(c) Failure to collect representative samples and weights daily (each pick-up) may result in the loss of sampler's license. The bulk tank truck operator (licensed sampler) is responsible for ensuring the good condition of the milk samples upon arrival at the plant.
(d) A sampler whose license has been revoked must appear before the creamery examining board and obtain their permission to apply for another license.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-19 - Check tests; adjustments of pay tests

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2
Sec. 19.
(a) Payment for producer milk is based upon the results of tests performed on four (4) or more fresh daily samples taken from each producer's shipments of milk for that month. Samples for testing shall be taken on differing days of the week, not more than eight (8) days apart, in such a manner that no recognizable pattern is noticeable. In order to ensure that tests are as nearly as possible to the true percentage of butterfat or other components contained in the milk being handled, dated records verified by a licensed tester must be kept on file of
[sic.]
for a period of ninety (90) days after payment is made so that adjustments made can be verified by the creamery license division.
(b) Individual variations greater in number than considered due to be chance and average differences greater than considered due to be the type of samples used require an examination of procedures used and the making of changes necessary to correct procedures so that representative samples are obtained.
(c) Numerous adjustments must not be necessary.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-20 - Payment for milk based on tests other than the Babcock test; approval of agreement

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-14; IC  15-18-2-17
Sec. 20.
Whenever considering new equipment for testing for butterfat or other components in milk, the testing agency must notify the creamery license division at least ninety (90) days prior to beginning use of the new equipment and must obtain permission from the creamery license division to use the new equipment for pay testing of milk of Indiana producers. The following provisions must be observed in using equipment other than the Babcock test:
(1) At the beginning of each testing day, the following items must be checked and recorded:
(A) Check the machine for zero (0) setting as prescribed in the operator's manual.
(B) For infrared and similar testing equipment, at least four (4) standards of the components being used for pay purposes must be tested to check calibration daily. When butterfat is the only component used as the basis for payment, the calibration check of the instrument must include butterfat and protein. The average variation between the test result of the testing instrument and the known values of the standards must not exceed three-hundredths percent (0.03%). The four (4) standard samples must cover at least the lowest and highest tests expected on the producer milk.
(C) During the use of the milk testing instruments, on a daily basis, a sample of homogenized milk shall be tested on the instruments at least once each hour of operation and the results shall be recorded on the permanent record of tests. If at any time during the testing day there is variation of more than three-hundredths percent (0.03%) from the original test on the homogenized milk sample, the testing instrument must be thoroughly rinsed and checked for zero (0) setting. At least three (3) standard samples must then be tested, and, if tests vary more than three-hundredths percent (0.03%) from the standards, the testing instrument must be recalibrated or repaired if recalibration cannot bring the instrument into compliance.
(D) If at any time the testing instrument is recalibrated, the procedures from clauses (A) and (B) must be repeated.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-21 - Producer receipts; copy forwarded to creamery license division

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-14; IC  15-18-2-17
Sec. 21.
Any laboratory testing milk for the determination of pay to producers shall forward a copy of producer receipts to the creamery license division upon request to provide information to verify proficiency of sampling procedures. The copy shall provide the following:
(1) Producer number.
(2) Date.
(3) Milk weight per producer.
(4) Laboratory test results of individual producers represented in the tanker.
(5) Truck net milk weight and test results on representative sample from the truck tank.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-22 - Evaluation of testing procedures

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-14; IC  15-18-2-17
Sec. 22.
It is required that all laboratories testing for pay purposes comply with the following:
(1) On a weekly basis, milk testing instruments used to determine the components in milk, for pay purposes, shall be checked against a set of at least twelve (12) standards representing a range of at least two and one-half percent (2.5%) through five percent (5%) butterfat.
(2) When variances are greater than those stated in this subdivision, they are excessive and the laboratory shall immediately take corrective action. These variances apply to all components being used to determine the payment price for milk from Indiana producers. For:
(A) butterfat, protein, or lactose:
(i) the standard deviation of duplicate samples must be less than two-hundredths percent (0.02%);
(ii) the mean deviation of duplicate samples must be less than two-hundredths percent (0.02%);
(iii) the standard deviation between machine readings and standard reference readings must be less than six-hundredths percent (0.06%); and
(iv) the mean deviation between instrument readings and standard reference readings must be less than five-hundredths percent (0.05%); and
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 1 - Testing and Sampling › Section 1-23 - Inaccurate bulk tank checks

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-14; IC  15-18-2-17
Sec. 23.
(a) In all instances in which a licensed bulk milk hauler receives an unsatisfactory bulk tank check, a second bulk tank check must be performed at a later, unannounced date.
(b) If the results of the second bulk tank check are also unsatisfactory, a meeting must be scheduled to include the bulk milk hauler, the manager of the creamery license division, the field person for the affected area, and a representative of the plant to which the hauler delivers. The purpose of this meeting is to determine the reason or reasons causing the bulk tank checks to be unsatisfactory.
(c) A short time after the meeting, a third bulk tank check must be performed to determine whether the cause of the unsatisfactory checks has been corrected. If the results are still unsatisfactory, a hearing with the bulk milk hauler must be scheduled before the creamery examining board to resolve the matter. Options range up to withdrawing the sampler's license.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 2 - Testers and Samplers › Section 2-1 - Testers' licenses; examinations; renewal; reexamination after revocation; posting license

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-19
Sec. 1.
(a) A candidate for a tester's license must pass an examination given by the creamery license division. Two (2) kinds of testers' licenses shall be issued:
(1) milk tester's license; and
(2) cream tester's license.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 2 - Testers and Samplers › Section 2-2 - Passing grade in testers' examination

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-19
Sec. 2.
In order to pass the testers' examination and receive a license, an applicant must receive a grade of not less than seventy percent (70%) on the written examination and must successfully demonstrate proficiency on the practical examination.
Indiana Administrative Code › Title 365 - CREAMERY EXAMINING BOARD › Article 2 - DAIRY PROCESSING PLANT AND RECEIVING STATIONS › Rule 2 - Testers and Samplers › Section 2-3 - Trainees; limitation of duties; supervision

Current through July 10, 2024
Authority: IC  15-18-2
Affected: IC  15-18-2-19; IC  15-18-2-20
Sec. 3.
(a) All persons sampling or testing milk or cream must have a license, except those training under the direction of a licensed sampler or tester. The trainee cannot perform sampling or analyses unless direct supervision of the testing or sampling procedures occurs. Not longer than a six (6) month training period is allowed prior to the application for a tester's or sampler's license.
(b) Direct supervision includes being present when the work is done.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 1 - Statement of Order and Definitions › Section 1-1 - Applicability of state standards

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 1.
The official Indiana standards for the quality of shell eggs
				  contained in this rule are applicable only to eggs that are the product of the
				  domesticated chicken hen and are in the shell.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 1 - Statement of Order and Definitions › Section 1-2 - Applicability of state standards to interstate or foreign commerce

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC 16-42-11-5
Sec. 2.
The Egg Products Inspection Act (21
				  U.S.C. 1031 through
				  21
				  U.S.C. 1056) provide, Sec. 23, (b), "For eggs which have moved or are moving in
				  interstate or foreign commerce, (1) no State or local jurisdiction may require
				  the use of standards of quality, condition, weight, quantity, or grade which
				  are in addition to or different from the official Federal standards, (2) with
				  respect to egg handlers specified in paragraphs (1) and (2) of section 5(e), no
				  State or local jurisdiction may impose temperature requirements pertaining to
				  eggs packaged for the ultimate consumer which are in addition to, or different
				  from, federal requirements, and (3) no state or local jurisdiction other than
				  those in noncontiguous areas of the United States may require labeling to show
				  the state or other geographical area of production or origin. Provided,
				  however, that this shall not preclude a state from requiring that the name,
				  address, and license number of the person processing or packaging eggs, be
				  shown on each container.".
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 1 - Statement of Order and Definitions › Section 1-3 - Uniform grade standards; adoption of federal standards

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC 16-42-11-5
Sec. 3.
(a) In the
				interest of maintaining uniform grade standards in Indiana, the state egg board
				hereby adopts the United States Standards, Grades, and Weight Classes for Shell
				Eggs promulgated by the United States Department of Agriculture (AMS 56) as the
				official standards for quality, grade, and weight classes for Indiana,
				including 7 CFR 57, Regulations Governing the Inspection of Eggs.
(b) Treated eggs, as defined in IC 16-42-11:
(1) have no recognized grade standards
				published by the United States Department of Agriculture; and
(2) shall be exempt from quality and weight
				standards with the exception of tolerances for:
(A) dirties;
(B) checks;
(C) leakers; and
(D) loss; as defined by United States
				Department of Agriculture publication (AMS 56).
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 1 - Statement of Order and Definitions › Section 1-4 - Candling; Haugh unit value

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 4.
Interior egg quality specifications for this section are
				  based on the apparent condition of the interior contents of the egg as it is
				  twirled before the candling light. Any type or make of candling light may be
				  used that will enable consistently accurate determination of the interior
				  quality of shell eggs. It is desirable to break out an occasional egg and to
				  determine the Haugh unit value of the broken out and candled appearance thereby
				  aiding in correlating candled and broken out appearance.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 1 - Statement of Order and Definitions › Section 1-5 - Haugh measurements

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 5.
Specifications for measuring the thick albumen condition is
[sic., are]
based on the use of a specially designed
				  micrometer or slide rule to determine the relationship between the weight of an
				  egg and the height of the thick white. The readings are taken in units ranging
				  from zero (0) to one hundred (100) after the egg has been broken out on a flat
				  surface.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 2 - Temperature Requirements › Section 2-1 - Temperature requirements; dealer facilities

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC 16-42-11
Sec. 1.
Every registered person, partnership, firm, or corporation
				  permitted to handle or sell eggs under the provisions of IC 16-42-11 shall,
				  upon delivery, provide adequate space and storage facilities to hold shell eggs
				  at an ambient temperature of forty-five (45) degrees Fahrenheit or below.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 2 - Temperature Requirements › Section 2-2 - Temperature requirements; retail stores

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 2.
Upon delivery, shell eggs at the retail store shall be
				  stored and displayed at an ambient temperature of forty-five (45) degrees
				  Fahrenheit or below.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 2 - Temperature Requirements › Section 2-3 - Temperature requirements; transportation

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 3.
All eggs packed in containers for the purpose of resale to
				  consumers shall be transported under refrigeration at an ambient temperature no
				  greater than forty-five (45) degrees Fahrenheit or seven and two-tenths (7.2)
				  degrees Celsius.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 3 - Display and Labeling; Restricted Eggs › Section 3-1 - Wholesale packaging and labeling

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 1.
The eggs shall be sold at wholesale in cases, boxes, or
				  containers that shall be plainly labeled as:
(1) Grade AA, Grade A, or Grade B;
				and
(2) to size, "Jumbo", "Extra
				Large", "Large", "Medium", "Small", or "Pee Wee"; according to standards of
				quality and size established in this article.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 3 - Display and Labeling; Restricted Eggs › Section 3-2 - Consumer packages; date requirements

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 2.
All eggs offered for sale in consumer packages (cases,
				  boxes, baskets, or containers):
(1)
				shall be legibly dated (month and day or consecutive day of the year) the day
				the eggs were packed; and
(2) shall
				bear in distinctly legible form an expiration date, which shall be stated as
				the month and day, for example, April 3 or 4-3, preceded by the letters "EXP"
				or one (1) of the following: "SELL BY", "BEST BY", or "USE BY".
The expiration date shall not exceed forty-five (45) days
				  from the date of pack, excluding the date of pack. Shell eggs labeled AA shall
				  bear an expiration date of not more than fifteen (15) days from date of pack,
				  excluding date of pack.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 3 - Display and Labeling; Restricted Eggs › Section 3-3 - Consumer packages; packer identification

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 3.
All eggs offered for sale in consumer packages (cases,
				  boxes, baskets, or containers) shall be labeled with one (1) of the following
				  means of identification:
(1) Name and
				address of packer.
(2) Indiana
				state egg license number, for example, IN-000.
(3) United States Department of Agriculture
				plant number, for example, P-000.
(4) Egg license number from another state,
				provided the number is on file in writing at the state egg board
				office.
(5) United States
				Department of Agriculture Shell Egg Surveillance number, including state code
				and handler code, for example, 18-0000. Note: The Shell Egg Surveillance
				registrant number contains a state code, county code, and handler code. Do not
				include the county code, only state and handler number.
All eggs offered for sale in cases, boxes, or cartons shall
				  contain labeling that indicates refrigeration is required. Additionally, all
				  cartons of shell eggs shall bear the statement, "SAFE HANDLING INSTRUCTIONS: To
				  prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks
				  are firm, and cook foods containing eggs thoroughly.". The statement shall
				  appear prominently and conspicuously, with the words "SAFE HANDLING
				  INSTRUCTIONS" in bold type. The statement shall be set off in a box by use of
				  hairlines. Shell eggs that have been specifically processed to destroy all
				  viable salmonella shall be exempt from this requirement.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 3 - Display and Labeling; Restricted Eggs › Section 3-3.1 - Consumer packages; packaging materials

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 3.1.
(a) All
				eggs offered for sale at retail shall be packaged in new consumer
				containers.
(b) Farmers market
				retail sales directly to the end consumer will be exempt from the requirement
				to utilize new consumer containers.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 3 - Display and Labeling; Restricted Eggs › Section 3-4 - Restricted eggs; definition; labeling

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC 16-42-11-5
Sec. 4.
(a)
				Regulations Governing the Inspection of Eggs (7 CFR 57) requires that eggs
				classed as restricted eggs, dirties, checks, leakers, and loss and incubator
				rejects as well as graded eggs, exceeding the tolerances allowed for restricted
				eggs in United States Grade B standards must be labeled with certain required
				information. (Leakers and loss and incubator rejects must also be denatured or
				decharacterized at the point of grading.) Labeling must be legible and
				conspicuous. The name and address of the packer must appear on each case or
				label.
(b) Examples of labeling
				shall be as follows:
Restricted Eggs for Processing
Only in an Official USDA
Egg Products Plant
Name ___________________________
Address __________________ Zip____
Dirty and Checked Eggs for
Processing Only in an Official
USDA Egg Products Plant.
Name ______________________________
Address ______________________ Zip____
(c) Labeling for loss, leakers, and incubator
				rejects shall be as follows:
Restricted Eggs.
Not to be Used as Human Food.
Name ___________________________
Address _________________ Zip ______
Denatured Inedible Egg Products.
Not to be Used as Human Food.
Name ___________________________
Address __________________ Zip _____
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 4 - Inspection and Noncompliance › Section 4-1 - Inspection

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-12
Sec. 1.
All inspectors named by the dean of agriculture of Purdue
				  University as provided for in this article shall, in the inspection of eggs, be
				  governed by the rules of the state egg board, including the standards of
				  quality and weight.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 4 - Inspection and Noncompliance › Section 4-2 - Removal of below standard eggs

Current through July 10, 2024
Authority: IC 16-42-11-5
Affected: IC 16-42-11-5
Sec. 2.
Shell eggs offered for sale at retail or wholesale and found
				  to be:
(1) below the minimum standards
				and requirements of quality or weight, or both, for grade and size
				marked;
(2) offered for sale after
				the expiration date calculated under
				370 IAC
				1-3-2; and
(3) displayed or stored at a temperature
				exceeding the temperature requirements of
				370 IAC
				1-2; shall be removed at the time of inspection.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 4 - Inspection and Noncompliance › Section 4-3 - Violations; inspectors' duties

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-12
Sec. 3.
The state egg board hereby requests the shell egg inspectors
				  to follow the procedure outlined as follows when the product is found in
				  violation of this article:
(1) Discuss
				the problem with parties involved and request their cooperation in removing
				product from sale.
(2) Call the
				state office when cooperation with the parties involved is not
				received.
(3) Prepare the report in
				writing to the state egg board giving details of the violation and disposition
				of the product, with a copy to the party or parties involved in the
				violation.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 5 - Advertising › Section 5-1 - Advertisements

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 1.
At retail, if the price is quoted, all quotations or
				  advertising of any kind by any media connected with the sale of eggs by
				  registrants of this article shall plainly state the grade and size of the eggs
				  so priced in such quotations or advertisements.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 6 - Grade and Size Identification › Section 6-1 - Grade and size identification

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 1.
(a) All
				packages, of whatever kind, in which eggs are offered for sale by registrants
				under this article shall be marked as:
(1)
				Grade AA;
(2) Grade A; or
(3) Grade B.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 8 - Fresh Eggs › Section 8-1 - Fresh eggs

Current through July 10, 2024
Authority: IC 16-42-11-5
Affected: IC 16-42-11-5
Sec. 1.
Fresh eggs shall meet the minimum standards and requirements
				  of quality and weight under
				  370
				  IAC 1-1-3 for:
(1) Indiana Grade AA;
(2) Indiana Grade A; or
(3) Indiana Grade B; eggs.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 9 - Wholesaler Records › Section 9-1 - Record keeping by wholesalers

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-10
Sec. 1.
(a) All
				wholesalers shall keep such records as necessary to indicate accurately the
				case (thirty (30) dozen) volume of shell eggs sold in Indiana. These records
				shall include the following:
(1) Invoices
				showing purchases and sales of shell eggs.
(2) A sales ledger showing all egg sales made
				at wholesale in Indiana to any retailer, hotel, restaurant, hospital, school,
				nursing home, or state of
[sic., or]
federal
				institution.
(3) A cumulative
				summary of sales made in Indiana.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 10 - Sanitation Requirements › Section 10-1 - Shell egg packers

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 1.
(a) This
				section establishes minimum sanitation and operating requirements for shell egg
				grading plants engaged in grading, storage, packaging, and distribution of
				eggs.
(b) Buildings shall be of
				sound construction so as to prevent the entrance or harboring of
				vermin.
(c) All areas and rooms in
				which eggs are handled, graded, and packed shall be kept clean.
(d) Cooler rooms shall be free from
				objectionable odors, such as mustiness or a rotten odor, and shall be
				maintained in a clean, sanitary condition.
(e) Egg cleaning equipment shall be kept in
				good repair and shall be thoroughly cleaned after each day's use or more often
				if necessary to maintain a sanitary condition. The wash water shall be potable
				and maintained at a temperature of ninety (90) degrees Fahrenheit minimum. The
				wash water temperature must be at least twenty (20) degrees Fahrenheit greater
				than the egg temperature. The wash water shall be replaced frequently, a
				minimum of once a day, and the detergent and sanitizer shall be kept at an
				effective level at all times.
(f)
				During any rest period, or at anytime when the equipment is not in operation,
				the eggs shall be removed from the washing and rinsing area of the egg washer
				and from the scanning area whenever there is a build-up of heat.
(g) Only approved cleaning and sanitizing
				compounds may be used in shell egg processing plants. To assure that only
				compounds are used for the purpose intended, plant management must provide the
				inspector, upon request, with a written guaranty stating that each compound
				used in the shell egg processing plant complies with federal food laws and
				regulations and can be legally used in the shell egg processing plant for the
				purpose intended. Washed eggs shall be reasonably dry before containing or
				casing.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 10 - Sanitation Requirements › Section 10-2 - Retailers and wholesalers

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 2.
(a) This
				section establishes minimum sanitation requirements for retailers and
				wholesalers.
(b) Display cases in
				which eggs are offered for sale to consumers must be clean and free from any
				substances or conditions whereby the eggs could become adulterated through
				absorption of bacteria or odors that could affect the quality or taste of
				eggs.
(c) All storage areas where
				eggs are held must be maintained in a clean and sanitary condition.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 11 - Repackaging of Eggs at Retail › Section 11-1 - Definitions

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 1.
The following definitions apply throughout this rule:
(1) "Brand" means any designation that
				differentiates a consumer package of eggs, such as, but not limited to, the
				following:
(A) Production method.
(B) Nutritional claim.
(C) Private label brands.
(D) Shell color.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 11 - Repackaging of Eggs at Retail › Section 11-2 - Repacking of eggs

Current through July 10, 2024
Authority: IC
				  16-42-11-5
Affected: IC
				  16-42-11-5
Sec. 2.
(a) The
				repacking of eggs is not allowed in a retail facility unless the facility
				performing the repacking is registered with the United States Department of
				Agriculture as a grading station under the Egg Products Inspection Act, 7 CFR
				Part 57.
(b) Lot consolidation at a
				retail location is allowed. Eggs utilized for the purposes of lot consolidation
				cannot be classified as dirty or a leaker. Such product must be disposed of and
				not offered to the consumer.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Establishment of Permit/Registration Requirements and Associated Fee Structure › Section 12-1 - Definitions

Current through July 10, 2024
Authority: IC
				  16-42-11-10.2
Affected: IC
				  16-42-11-1.1
Sec. 1.
The following definitions apply throughout this rule:
(1) "Distribution facility" means any
				physical location that stores eggs and is the point of origination for eggs
				shipped to:
(A) retailers;
(B) hotels;
(C) restaurants;
(D) hospitals;
(E) nursing homes;
(F) schools; or
(G) state or federal institutions.
Indiana Administrative Code › Title 370 - STATE EGG BOARD › Article 1 - GENERAL PROVISIONS › Rule 12 - Establishment of Permit/Registration Requirements and Associated Fee Structure › Section 12-2 - Permits and fee structure

Current through July 10, 2024
Authority: IC
				  16-42-11-10.2
Affected: IC
				  16-42-11-10.2
Sec. 2.
(a) Every
				wholesaler or retailer selling eggs shall, before July 1 of each year, file
				with the state egg board a statement setting forth the fact that the wholesaler
				or retailer desires to sell eggs. The statement shall designate:
(1) the name of the wholesaler or retailer
				desiring to register the location of the wholesaler's or retailer's principal
				office; and
(2) any location where
				eggs are stored or distributed if that location is different from the principal
				office.
Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 1 - General Provisions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  15-15-8-17
Affected: IC 15-15-8
Sec. 1.
(a) The
				definitions in this rule apply throughout this title.
(b) "Accreditation" refers to the review by
				the Indiana organic peer review panel and approval by the commissioner of
				certifying agents operating in Indiana to ensure that the certifying agent is
				in compliance with Indiana organic standards and the requirements of IC
				5-4-12-16
[sic]
. Accreditation by the commissioner is not a
				replacement for United States Department of Agriculture accreditation required
				by the Organic Foods Production Act of 1990,
				7
				U.S.C. 94, Section
				6501, et seq.
(c) "Agricultural product" means any
				agricultural commodity or product, whether raw or processed, including any
				commodity or product derived from livestock that is marketed in the United
				States for human or livestock consumption.
(d) "Botanical pesticides" means natural
				pesticides derived from plants.
(e)
				"Certified organic farm" means a farm, or portion of a farm, or site where
				agricultural products or livestock are produced, that is certified by the
				certifying agent (as defined in IC 15-4-12-2
[IC 15-4 was repealed by
				P.L. 2-2008, SECTION 83, effective July 1, 2008. See IC
				15-15-8-2.]
)
				pursuant to this rule as utilizing a system of organic farming in compliance
				with the Indiana organic standards.
(f) "Certified organic handling operation"
				means any operation, or portion of any handling operation, that is certified by
				the certifying agent pursuant to this rule as utilizing a system of organic
				handling in compliance with the Indiana organic standards.
(g) "Commissioner" means the Indiana
				commissioner of agriculture.
(h)
				"Compost" means a process that creates conditions that facilitate the
				controlled decomposition of organic matter into a more stable and easily
				handled soil amendment, usually by piling, aerating, and moistening, or the
				product of such a process.
(i)
				"Crop year" means the normal growing season for a crop.
(j) "Genetically engineered" means made with
				techniques that alter the molecular or cell biology of an organism by means
				that are not possible under natural conditions or processes. Genetic
				engineering includes the following:
(1)
				Recombinant DNA and RNA techniques.
(2) Cell fusion.
(3) Micro and macro encapsulation.
(4) Gene deletion and doubling.
(5) Introducing a foreign gene.
(6) Changing the positions of genes.
The term shall not include breeding, conjugation,
				  fermentation, hybridization, in vitro fertilization, and tissue culture unless
				  transgenic organisms are involved.
Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 1 - General Provisions › Section 1-2 - Official marks

Current through July 10, 2024
Authority: IC
				  15-15-8-17
Affected: IC 15-15-8
Sec. 2.
(a) The
				marks and certificates prescribed or referenced in this title shall be official
				marks, devices, and certificates for purposes of the panel and shall be used in
				accordance with this title and IC 15-4-12
[IC 15-4 was repealed by P.L.
				2-2008, SECTION 83, effective July 1, 2008. See IC
				15-15-8.]
.
(b) The
				following marks shall be used for labeling and identifying agricultural
				products as certified organic:
(1) Certified
				Organic.
(2) Organically Produced
				in Indiana.
(3) Indiana Organically
				Produced.
(4) Grown and Handled in
				Accordance with Indiana Organic Standards.
Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 2 - Administration and Accreditation › Section 2-1 - Accreditation required

Current through July 10, 2024
Authority: IC
				  15-15-8-17
Affected: IC
				  15-15-8-1;
				  IC
				  15-15-8-3
Sec. 1.
(a) No
				person shall be authorized to certify in Indiana as organic any product or any
				production regulated by this title as organic or certified organic without
				first having been accredited as a certifying agent by the commissioner (as
				defined in IC 15-4-12-3
[IC 15-4 was repealed by P.L. 2-2008, SECTION
				83, effective July 1, 2008. See IC
				15-15-8-3.]
)
				pursuant to this title.
(b)
				Accreditation is not transferable or assignable and shall be issued only to the
				applicant (as defined in IC 15-4-12-1
[IC 15-4 was repealed by P.L.
				2-2008, SECTION 83, effective July 1, 2008. See IC
				15-15-8-1.]
)
				named in the application.
Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 2 - Administration and Accreditation › Section 2-2 - Accreditation procedures; certifying agents

Current through July 10, 2024
Authority: IC
				  15-15-8-17
Affected: IC 15-15-8
Sec. 2.
(a) All
				persons desiring to be accredited as a certifying agent must be reviewed by the
				panel and be accredited by the commissioner to conduct certification and must
				be accredited by the United States Department of Agriculture under the Organic
				Foods Production Act of 1990,
				7
				U.S.C. 94, Section
				6501, et seq.
(b) Any person seeking accreditation by the
				commissioner shall submit to the panel for review and recommendation to the
				commissioner a completed application on forms approved by the panel, together
				with all required supporting documentation including, but not limited to,
				verification of accreditation by the United States Department of Agriculture
				under the Organic Foods Production Act of 1990,
				7
				U.S.C. 94, Section
				6501, et seq.
(c) Each application for accreditation shall
				include the inspector qualification criteria, as well as names and specific
				qualifications of all inspectors who have been employed or retained by the
				certifying agent to verify compliance with organic accreditation
				standards.
Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 2 - Administration and Accreditation › Section 2-3 - Relationship between inspectors and certifying agents

Current through July 10, 2024
Authority: IC
				  15-15-8-17
Affected: IC 15-15-8
Sec. 3.
(a)
				Certifying agents shall employ or retain sufficient numbers of competent,
				experienced personnel to:
(1) inspect the
				operations and premises of producers and handlers seeking organic
				certification; and
(2) report to
				the certifying agent the extent and manner in which the producer or handler has
				implemented and complied with organic accreditation standards.
Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 2 - Administration and Accreditation › Section 2-4 - Certifying agents; duties and responsibilities

Current through July 10, 2024
Authority: IC
				  15-15-8-17
Affected: IC 15-15-8
Sec. 4.
(a) The
				certifying agent shall do the following:
(1)
				Implement the Indiana organic standards.
(2) Verify adherence by certified organic
				producers and handlers to the Indiana organic certification standards through
				peer and/or expert evaluation and third party inspectors.
(3) Accept or reject the certification
				inspector's recommendation to certify or refuse to certify applicant producers
				or handlers.
(4) Administer the
				organic certification program, including the following:
(A) The employment or retention of
				inspectors.
(B) Scheduling
				visits.
(C) All necessary
				documentation and record keeping.
(D) Ensuring that all documents are forwarded
				to appropriate offices.
The certifying agent shall maintain all records concerning
				  its activities under this title for not less than ten (10) years.
(5) Prepare and submit
				an application to the commissioner for accreditation.
(6) Execute an accreditation agreement with
				the commissioner and grant rights to use the Indiana certified organic mark to
				certified producers and handlers in accordance with organic labeling procedures
				as described in this title.
(7)
				Ensure that the use of the Indiana certified organic mark complies with this
				title.
(8) Provide to the
				commissioner, on an annual basis, a complete list of all certified
				operations.
(9) Provide to the
				commissioner a list of newly certified operations within fourteen (14) days of
				certification.
(10) Employ or
				retain a sufficient number of qualified inspectors to carry out certification
				in a timely manner.
(11) Provide to
				the commissioner a list of all operations whose certification has been denied,
				revoked, or is in an appeals process within fourteen (14) days of the denial,
				revocation, or request for appeal.
Indiana Administrative Code › Title 375 - INDIANA STATE DEPARTMENT OF AGRICULTURE › Article 1 - INDIANA ORGANIC CERTIFICATION STANDARDS › Rule 2 - Administration and Accreditation › Section 2-5 - Certification inspectors; duties and responsibilities

Current through July 10, 2024
Authority: IC
				  15-15-8-17
Affected: IC 15-15-8
Sec. 5.
(a) The
				certification inspector shall do the following:
(1) Inspect applicants for initial review and
				organic certification in accordance with the Indiana organic standards in this
				title. Inspections shall be completed in a timely fashion following the receipt
				by the certifying agent of a completed application.
(2) Report to the certifying agent his or her
				recommendations concerning applicants for organic certification.
				Recommendations shall be signed and dated by the inspector on forms approved by
				the panel. These forms shall be submitted to the certifying agent promptly upon
				completion of the inspection.