Section 365IAC2-1-13. Payment for milk based on fresh milk samples; approval of agreement

   (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.

(Creamery Examining Board; 365 IAC 2-1-13; filed Jun 20, 2001, 3:50 p.m.: 24 IR 3623; errata filed Sep 26, 2001, 9:38 a.m.: 25 IR 384; readopted filed Jul 15, 2008, 12:53 p.m.: 20080813-IR-365080121RFA; readopted filed Oct 23, 2014, 11:08 a.m.: 20141119-IR-365140351RFA)