345 IAC 8-2-1.9 General requirements; permits

Sec. 1.9. (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 and manufacturing grade milk and milk products from permitted sources may 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.