Section 345IAC8-2-1.9. General requirements; permits

   (a) Milk and milk products, including hooved mammals milk, must be:

(1) produced;

(2) transported;

(3) processed;

(4) handled;

(5) sampled;

(6) examined;

(7) graded;

(8) labeled; and

(9) sold;

in accordance with IC 15-18-1 and this article.

  (b) Only Grade A pasteurized, ultra pasteurized, or aseptically processed milk and milk products shall be sold to final consumers, restaurants, or retail establishments. A person may not sell pasteurized milk or milk products that have not been maintained at the temperature set forth in Section 7 of the Pasteurized Milk Ordinance adopted by reference in 345 IAC 8-3.

  (c) A person shall obtain a permit from the state veterinarian before operating a dairy farm in Indiana. The state veterinarian shall issue the following dairy farm permits:

(1) A Grade A farm permit shall be issued for farms that meet the standards for a Grade A farm in IC 15-18-1 and this article.

(2) A manufacturing grade farm permit shall be issued for farms that do not meet the standards for a Grade A farm but do meet the standards for a manufacturing grade farm in IC 15-18-1 and this article.

A person may not hold a Grade A farm permit and a manufacturing grade farm permit for the same operation.

  (d) A person shall obtain a permit from the state veterinarian before operating a milk plant in Indiana. The state veterinarian shall issue the following milk plant permits:

(1) A Grade A milk plant permit shall be issued for those operations that meet the standards for a Grade A milk plant in IC 15-18-1 and this article.

(2) A manufacturing grade milk plant permit shall be issued for those operations that meet the standards for a manufacturing grade milk plant in IC 15-18-1 and this article.

(3) A receiving station permit shall be issued for those operations that meet the standards for a receiving station in IC 15-18-1 and this article.

(4) A transfer station permit shall be issued for those operations that meet the standards for a transfer station in IC 15-18-1 and this article.

  (e) The state veterinarian shall issue the following permits to persons meeting the appropriate requirements in IC 15-18-1 and this article:

(1) A milk distributor permit for persons acting as a milk distributor.

(2) A bulk milk hauler/sampler permit to persons acting as a bulk milk hauler/sampler.

(3) Milk tank truck operator for persons operating milk tank trucks.

(4) A permit to operate a milk tank truck cleaning facility.

(5) A permit to manufacture containers for milk or milk products.

  (f) All permits issued under this article are subject to the provisions in IC 15-18-1 and IC 15-18-1-9. The state veterinarian may take any action with respect to permits the board is authorized to take under IC 15-18-1. (Indiana State Board of Animal Health; 345 IAC 8-2-1.9; filed Sep 27, 2002, 2:40 p.m.: 26 IR 332; filed Jul 18, 2005, 1:00 p.m.: 28 IR 3561; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; readopted filed Oct 16, 2014, 9:43 a.m.: 20141112-IR-345140300RFA)