Section 345IAC8-2-1.1. Definitions

  1. (a) In the interpretation and enforcement of this article, unless the context otherwise requires, the definitions in IC 15-17-2 and the following definitions apply:

(1) "Automatic milking installation" or "AMI" means the entire installation of one (1) or more automatic milking units, including the hardware and software utilized in the operation of:

(A) individual automatic milking units;

(B) the animal selection system;

(C) the automatic milking machine;

(D) the milk cooling system;

(E) the system for cleaning and sanitizing the automatic milking unit;

(F) the teat cleaning system; and

(G) the alarm systems;

associated with the process of milking, cooling, cleaning, and sanitation.

(2) "Bacterial counts" means:

(A) bacterial plate counts;

and

(B) plate loop counts;

that, whenever mentioned in dairy product standards of identity, are made according to the methods outlined in the current edition of "Standard Methods for the Examination of Dairy Products", published by the American Public Health Association, and the current edition of Official Methods of Analysis of the Association of Official Analytical Chemists, or such methods that are approved by the board.

(3) "Butter" means the food product usually known as butter and that is made:

(A) exclusively from milk or cream, or both; and

(B) with or without:

(i) common salt; and

(ii) additional coloring matter;

and containing not less than eighty percent (80%) by weight of milk fat, all tolerances having been allowed for.

(4) "Buttermilk" means a fluid product which contains not less than eight and one-fourth percent (8 1/4%) of milk solids not fat and is either a:

(A) fluid product resulting from the manufacture of butter from milk or cream; or

(B) Grade A fluid product, also known as "cultured buttermilk", resulting from the pasteurization of milk that is inoculated with an appropriate culture.

Either product may be concentrated (condensed) or dried.

(5) "Buyer of raw milk" means any:

(A) milk producer marketing organization;

(B) milk plant;

(C) receiving station;

(D) transfer station; or

(E) bulk hauler;

that takes delivery of raw milk or raw cream and manages the sale of the raw milk or raw cream.

(6) "Cheese" means:

(A) natural cheeses;

(B) processed cheeses;

(C) cheese foods;

(D) cheese spreads; and

(E) related foods;

described in the matters incorporated by reference in 345 IAC 8-3-1(e).

(7) "Clean" means product and contaminants have been thoroughly and effectively removed from direct and indirect product contact surfaces.

(8) "Clean-in-place (CIP) cleaning" means the removal of soil from product contact surfaces in their process position by circulating, spraying, or flowing chemical solutions and water rinses onto and over the surfaces to be cleaned. Components of the equipment that are not designed to be cleaned-in-place are removed from the equipment and cleaned out-of-place (COP) or manually cleaned. Product and solution contact surfaces must be readily accessible for inspection, but, when the cleanability by CIP has been documented and approved by the board, the surfaces do not have to be readily accessible for inspection.

(9) "Concentrated milk" and "condensed milk" means the fluid product:

(A) that is unsterilized and unsweetened; and

(B) resulting from the removal of a considerable portion of the water from the milk;

that, when combined with potable water in accordance with instructions printed on the container, results in a product conforming with the milk fat and the milk solids not fat levels of milk defined in this rule.

(10) "Concentrated milk products" and "condensed milk products" means:

(A) homogenized concentrated milk;

(B) concentrated nonfat milk;

(C) concentrated reduced fat or low fat milk; and

(D) similar concentrated products made from concentrated milk or concentrate nonfat milk;

that, when combined with potable water in accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in this section.

(11) "Cooling pond" means a man-made structure designed for the purpose of cooling lactating hooved mammals.

(12) "Cottage cheese" means the product defined in 21 CFR 133.128.

(13) "Dry curd cottage cheese" means the product defined in 21 CFR 133.129.

(14) "Dry milk products" means products resulting from the:

(A) drying of milk or milk products; or

(B) combination of dry milk products with other wholesome dry ingredients.

(15) "Eggnog" or "boiled custard" means the product defined in 21 CFR 131.170.

(16) "Farm bulk tank" or "bulk tank" means the refrigerated tank located on a dairy farm in which raw milk is stored before collection by a milk hauler holding a current hauler/sampler permit issued by the board or a state dairy regulatory agency.

(17) "Food allergens" means proteins in foods that are capable of inducing an allergic reaction or response in some individuals. There is scientific consensus that the following foods account for more than ninety percent (90%) of all food allergies:

(A) Peanuts.

(B) Soybeans.

(C) Milk.

(D) Eggs.

(E) Fish.

(F) Crustacea.

(G) Tree nuts.

(H) Wheat.

(18) "Frozen desserts" means:

(A) ice cream;

(B) frozen custard;

(C) goat's milk ice cream;

(D) sherbets;

(E) mellorine; and

(F) related foods;

described in the matters incorporated by reference in 345 IAC 8-3-1(f).

(19) "Frozen milk concentrate" means a frozen milk product with a composition of milk fat and milk solids that are not fat in such proportions that, when a given volume of concentrate is mixed with a given volume of water, the reconstituted product conforms to the milk fat and the milk solids not fat requirements of whole milk.

(20) "Goat milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one (1) or more healthy goats.

(21) "Grade A dry milk and whey products" means products that have been:

(A) produced for use in Grade A pasteurized or aseptically processed milk products; and

(B) manufactured under the provisions of the "Grade A Pasteurized Milk Ordinance" incorporated by reference in 345 IAC 8-3.

(22) "Grade A milk plant" means any place, premises, or establishment where Grade A milk products are:

(A) collected;

(B) handled;

(C) processed;

(D) stored;

(E) pasteurized;

(F) bottled; or

(G) prepared;

for distribution.

(23) "Grade A producer" means a milk producer that is producing and selling Grade A raw milk under a Grade A permit issued by the board.

(24) "Grade A raw milk" means milk that has been produced for use in:

(A) Grade A pasteurized, aseptic, or retorted milk or milk products; or

(B) manufacturing grade milk products;

under the provisions of the "Grade A Pasteurized Milk Ordinance-Current Recommendations of the United States Public Health Service".

(25) "Health authority", "board", or "state board" means the Indiana state board of animal health or its authorized representative.

(26) "Hooved mammals milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one (1) or more healthy hooved mammals. Hooved mammals include, but are not limited to, members of the order Cetartiodactyla, such as the following:

(A) The family Bovidae (cattle, water buffalo, sheep, goats, yaks).

(B) The family Camelidae (llamas, alpacas, camels).

(C) The family Cervidae (deer, reindeer, moose).

(D) The family Equidae (horses, donkeys).

(27) "Industry plant sampler" means an employee of a milk plant, receiving station, or transfer station that is responsible for the collection of official samples for regulatory purposes at a milk plant, receiving station, or transfer station as outlined in the PMO, Appendix N.

(28) "Manufacturing grade milk plant" means any place, premises, or establishment where manufacturing grade milk products are:

(A) collected;

(B) handled;

(C) processed;

(D) stored;

(E) pasteurized; or

(F) prepared;

for distribution.

(29) "Manufacturing grade milk products" means milk and milk products processed and packaged in compliance with the standards of this rule but not considered Grade A, such as the following:

(A) Cheese.

(B) Frozen desserts.

(C) Frozen desserts mixes.

(D) Butter.

(30) "Manufacturing grade producer" means a milk producer that has a permit from the board to produce and sell manufacturing grade raw milk.

(31) "Manufacturing grade raw milk" means raw milk produced on a dairy farm that has a valid permit issued by the board to sell raw milk for manufacturing grade milk and milk products.

(32) "Milk" means the normal lacteal secretion, practically free from colostrum, obtained by the complete milking of one (1) or more healthy:

(A) cows;

(B) sheep;

(C) goats;

(D) water buffalo; or

(E) hooved mammals.

(33) "Milk plant" means a Grade A milk plant or a manufacturing grade milk plant. For the purposes of the matters incorporated by reference at 345 IAC 8-3-1(a), however, "milk plant" means a Grade A milk plant only.

(34) "Milk tank truck driver" means a person who transports raw or pasteurized milk products to or from a:

(A) milk plant;

(B) receiving station; or

(C) transfer station.

(35) "New producer" means any milk producer who has not sold raw milk within a period of ninety (90) days before the delivery in question.

(36) "Producer" means milk producer.

(37) "Producer's marketing organization" means a milk producer organization that manages the marketing of a milk producer's raw milk.

(38) "Reconstituted or recombined milk and milk products" means milk or milk products defined in this rule that result from the reconstituting or recombining of milk constituents with potable water when appropriate.

(39) "Regulatory agency" means the board.

(40) "Sanitization" means the application of any effective method or substance to surfaces that are clean to destroy pathogens and other microorganisms as far as is practical without adversely affecting the following:

(A) Equipment.

(B) Milk products.

(C) The health of consumers.

(41) "Sheep milk" means the normal lacteal secretion, practically free of colostrum, obtained by the complete milking of one (1) or more healthy sheep.

(42) "Standard methods" means the "Standard Methods for the Examination of Dairy Products", published by the American Public Health Association.

(43) "State veterinarian" means the state veterinarian appointed under IC 15-17-4 or an official designee.

(44) "Uniform Indiana Food, Drug, and Cosmetic Act" means the Uniform Food, Drug, and Cosmetic Act at IC 16-42-1 through IC 16-42-4.

  (b) Where a definition in a matter incorporated by reference conflicts with a definition in this section, the express provisions of this section shall control. (Indiana State Board of Animal Health; 345 IAC 8-2-1.1; filed Apr 17, 1998, 9:00 a.m.: 21 IR 3343; errata filed Aug 13, 1998, 1:16 p.m.: 22 IR 125; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; filed Sep 27, 2002, 2:40 p.m.: 26 IR 329; filed Jul 18, 2005, 1:00 p.m.: 28 IR 3557; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; filed Dec 10, 2010, 10:42 a.m.: 20110105-IR-345100123FRA; filed Dec 4, 2014, 1:59 p.m.: 20141224-IR-345140199FRA)