Section 345IAC8-2-5. Grading raw milk and cream; testing; records

   (a) The following milk and cream that is unfit for human consumption shall not be allowed to enter into commerce and shall be destroyed:

(1) Milk is unfit for human consumption if it meets any of the following criteria:

(A) The milk contains or shows evidence of:

(i) blood;

(ii) mastitis;

(iii) ropiness;

(iv) filth;

(v) insects;

(vi) insect parts; or

(vii) visible foreign matter.

(B) The milk is adulterated as defined in this article and the Uniform Indiana Food, Drug, and Cosmetic Act.

(C) The milk contains two and fifty-hundredths (2.50) or more milligrams weight of sediment when sediment tested in accordance with subsection (f).

(2) Cream is unfit for human consumption if it meets any of the following criteria:

(A) The cream contains:

(i) filth;

(ii) insects;

(iii) insect parts; or

(iv) visible foreign matter.

(B) The cream has a definite wrinkled layer of white mold or significant patches of colored mold.

(C) The cream is in an active state of yeast fermentation, as evidenced by a pronounced gas or yeasty odor.

(D) The cream is:

(i) putrid;

(ii) rancid;

(iii) cheesy; or

(iv) otherwise similarly decomposed.

(E) The cream contains three (3) or more milligrams of sediment in a one (1) pint sample from cream that has been stirred.

(F) The cream is adulterated as defined in this article and the Uniform Indiana Food, Drug, and Cosmetic Act.

  (b) Laboratories performing quality testing in accordance with Section 6 of the Grade A Pasteurized Milk Ordinance will perform those tests pursuant to the requirements of the board.

  (c) Every milk plant, receiving station, or transfer station that receives raw milk or raw cream from a producer shall inspect the raw milk or raw cream to prevent the receiving entity from accepting raw milk or raw cream that is unfit for human consumption. The milk plant, receiving station, or transfer station shall inspect and test all raw milk and raw cream as provided for in this rule.

  (d) Every milk plant, receiving station, or transfer station receiving milk from any producer shall cause a bacterial test to be conducted on a representative sample of each such producer's raw milk at least once each month. A milk hauler of producer's milk shall collect a mixed sample of milk for bacteriological testing from each refrigerated farm tank and transport all the samples to the milk plant, receiving station, or transfer station. The kind of bacterial test employed shall be approved by the board, and the testing procedures shall be approved by the Association of Analytical Chemists, Food and Drug Administration or the National Conference on Interstate Milk Shipments. Each milk producer shall be notified promptly of the results of tests on his or her milk on forms and in a manner approved by the board. Records of the results of the tests shall be kept on file for not less than two (2) years.

  (e) Every milk plant, receiving station, and transfer station shall make visual and olfactory inspections of all milk and cream received. The inspections shall be made of all milk or cream immediately upon opening the original containers in which the milk or cream is received. All milk or cream found unfit for human consumption shall be rejected.

  (f) Milk and cream shall be classified for sediment content by comparing the sediment tests with the official sediment standard found in the standard methods. Milk plants, receiving stations, and transfer stations shall reject all milk and cream that:

(1) does not meet the minimum standards; or

(2) is unfit for human consumption.

  (g) Unfit milk or cream in cans shall be treated by the addition of a harmless red food coloring that has been certified by the U.S. Food and Drug Administration. Sufficient red coloring shall be added to such rejected products to produce a distinct red color in the milk or cream to prevent its being processed or manufactured for food. The milk plant, receiving station, and transfer station shall affix a tag of uniform type approved by the board to all containers of rejected milk or cream indicating on the tag the reason for the rejection. Under no circumstances shall such tags of rejected milk or cream be removed from a container holding rejected milk or cream except by the producer of the rejected milk or cream.

  (h) Qualified milk plant personnel shall identify rejected milk in farm bulk tanks or in bulk milk transportation tank trucks by affixing a tag of uniform type approved by the board to the tank in which the milk is located. The reason for the rejection of the milk shall be stated on the tag. Rejected milk shall not be transported by anyone to a location for manufacture or processing into food. The rejection tag shall remain on the bulk farm tank or bulk milk transportation tank truck until the unfit product has been dumped to waste or removed for salvage for use other than for food and the vessel has been properly cleaned and sanitized.

  (i) On the next shipment following a rejection of a producer's milk, a milk plant, receiving station, or transfer station shall not receive more milk (reasonable variations in milk volume being permitted) from that producer than the producer normally ships per delivery.

  (j) Every milk plant, receiving station, and transfer station shall keep or cause to be kept a complete system of records, including monthly records of quality tests, all other tests, pickups, and deliveries. Records relating to milk and cream shall be kept by the:

(1) route, name, number, or other identification of the producer;

(2) date of the test;

(3) nature of the test;

(4) classification of the test;

(5) total producers tested; and

(6) number of producers of milk or cream rejected.

A summary of results of all tests made during the current month shall be mailed to the board not later than the fifteenth day of the following month on forms prescribed and furnished by the board. (Indiana State Board of Animal Health; HDP 86 Rule 13, Sec 5; filed Apr 26, 1979, 12:00 p.m.: 2 IR 698, eff one hundred twenty (120) days after filing with secretary of state; filed Apr 17, 1998, 9:00 a.m.: 21 IR 3352; errata filed Aug 13, 1998, 1:16 p.m.: 22 IR 126; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; filed Sep 11, 2012, 2:35 p.m.: 20121010-IR-345120107FRA; filed Dec 4, 2014, 1:59 p.m.: 20141224-IR-345140199FRA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 8-13-5) to the Indiana State Board of Animal Health (345 IAC 8-2-5) by P.L.138-1996, SECTION 76, effective July 1, 1996.