SENATE BILL No. 513
DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-17-2; IC 15-18-1-21; IC 15-19-7.
Synopsis: Unpasteurized cow's milk. Amends the definitions of "dairy
farm" and "milk producer" as applied to the animal health and animal
products laws. Allows the sale of raw milk from cows if the milk
producer meets certain requirements. Requires the board of animal
health (BOAH) to adopt rules. Prohibits a person from reselling or
redistributing raw milk, or offering, providing, or distributing raw milk
in a restaurant, educational institution, day care facility, or health care
facility. Requires the state chemist to adopt certain rules concerning a
commercial feed, pet food, or specialty pet food that uses raw milk that
are consistent with rules adopted by the BOAH. Makes it a Class A
infraction to distribute raw milk for use as a commercial feed, pet food,
or specialty pet food if the raw milk does not comply with the
requirements adopted by the state chemist.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Agriculture and Natural
First Regular Session 118th General Assembly (2013)
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between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 513
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 15-17-2-23; (13)IN0513.1.1. -->
SECTION 1. IC 15-17-2-23, AS ADDED BY P.L.2-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 23. "Dairy farm" means a place:
(1) where at least one (1) lactating cow, sheep, goat, water
buffalo, or other hoofed mammal is kept; and
(2) from which a part or all of the milk or milk products that are
(A) provided, sold, or offered for sale to a milk plant, transfer
station, or receiving station; or
(B) provided, sold, or offered for sale to the consumer
under IC 15-18-1-21(d).
SOURCE: IC 15-17-2-58; (13)IN0513.1.2. -->
SECTION 2. IC 15-17-2-58, AS ADDED BY P.L.2-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 58. "Milk producer" means a person that does the
(1) Operates a dairy farm.
(2) Provides, sells, or offers raw milk for sale to a:
(A) milk plant, receiving station, or transfer station; or
(B) consumer under IC 15-18-1-21(d).
SOURCE: IC 15-18-1-21; (13)IN0513.1.3. -->
SECTION 3. IC 15-18-1-21, AS ADDED BY P.L.2-2008,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 21. (a) Except as provided under subsections
(b) and (d), a person may not offer, display for sale, sell, deliver, or
have possession of with intent to sell or deliver milk or milk products
for human consumption unless every particle of the final mixture of the
milk or milk products used in processing or manufacture has been
thoroughly pasteurized by equipment approved by the board.
(b) The provisions of this chapter governing pasteurization do not
apply to a person selling or offering for sale cheddar cheese that has
been made from unpasteurized milk if:
(1) the cheese was made from unpasteurized milk and has been
cured or ripened for at least sixty (60) days at a controlled
temperature of at least thirty-five (35) degrees Fahrenheit; or
(2) the cheese is manufactured solely to be made into processed
cheese that is pasteurized during the blending or manufacturing
Varieties of cheese other than that of the cheddar type made from
unpasteurized milk must be ripened for the time and under the
conditions prescribed by rule of the board. Cheese made from
unpasteurized milk and offered or displayed for sale to the consumer
must be labeled by the manufacturer or distributor with the
manufacturer's or distributor's name and address or an equivalent
identifying number or symbol and with the date of manufacture or a
statement to the effect that the cheese has been cured or ripened for at
least sixty (60) days.
(c) A pasteurizer of any milk or milk products must be equipped
with accurate indicating thermometers and accurate recording
thermometers and, for vat pasteurization equipment, an accurate
airspace thermometer of a type approved by the board. Each recording
thermometer chart must be dated and numbered and must show the
amount in gallons, the kind of product pasteurized, the accurate
readings of the indicating thermometers and airspace thermometers, the
time the reading was made, and the operator's initials. Each chart may
not be used for more than one (1) day of operations. The records of the
pasteurization of each batch pasteurized must be retained for at least
ninety (90) days.
(d) A milk producer may provide, sell, or offer for sale
unpasteurized raw milk or milk products to a consumer if the
following conditions are met:
(1) The milk producer has received a dairy farm permit from
(2) The milk producer complies with the sanitation standards,
sampling and testing procedures, and labeling requirements
adopted by the board.
(3) The milk producer sells the raw milk and milk products
directly to the consumer only.
(4) The milk producer sells raw milk and milk products
produced from cows only.
The board shall adopt rules under IC 4-22-2 to implement this
(e) A person may not do any of the following:
(1) Resell or redistribute raw milk.
(2) Offer, provide, or distribute raw milk in a restaurant,
educational institution, day care facility, or health care
SOURCE: IC 15-19-7-34; (13)IN0513.1.4. -->
SECTION 4. IC 15-19-7-34, AS AMENDED BY P.L.99-2012,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 34. (a) Subject to subsection (b), and in the
manner provided by IC 4-22-2, the state chemist may adopt:
(1) rules for commercial feeds, pet foods, and specialty pet foods
as specifically authorized in this chapter; and
(2) other reasonable rules necessary for the efficient enforcement
of this chapter.
(b) In the interest of uniformity, the state chemist shall adopt the
following by rule unless the state chemist determines that the following
are inconsistent with this chapter or are not appropriate to conditions
that exist in Indiana:
(1) The official definitions of feed ingredients and official feed
terms adopted by the Association of American Feed Control
Officials and published in the official publication of that
(2) Any regulation promulgated under the federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) if the state chemist would
have the authority under this chapter to adopt such a rule.
(c) The state chemist may adopt rules under IC 4-22-2 to exclude
from the definition of "commercial feed" commodities, such as hay,
straw, stover, silage, cobs, husks, hulls, and individual chemical
compounds or substances when the commodities, compounds, or
substances are not intermixed or mixed with other materials.
(d) The state chemist may adopt rules under IC 4-22-2 to require
copies of labels and labeling.
(e) The state chemist shall adopt rules under IC 4-22-2 that are
consistent with the rules adopted under IC 15-18-1-21(d) requiring
that milk producers:
(1) meet sanitary standards; and
(2) comply with sampling and testing procedures;
when raw milk is used for a commercial feed, pet food, or specialty
SOURCE: IC 15-19-7-40; (13)IN0513.1.5. -->
SECTION 5. IC 15-19-7-40, AS AMENDED BY P.L.99-2012,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 40. A person commits a Class A infraction if the
person knowingly engages in any of the following:
(1) The manufacture or distribution of a commercial feed that is
adulterated or misbranded.
(2) The adulteration or misbranding of a commercial feed.
(3) The distribution of agricultural commodities, such as whole
seed, hay, straw, stover, silage, cobs, husks, and hulls, that are
adulterated within the meaning of section 29(1) of this chapter.
(4) The removal or disposal of a commercial feed in violation of
an order under section 38 or 39 of this chapter.
(5) The failure to obtain a commercial feed license under section
24 of this chapter.
(6) The failure to pay inspection fees or file reports as required by
section 30, 31, or 34.5 of this chapter.
(7) The distribution of raw milk for use as a commercial feed, pet
food, or specialty pet food
for any species
if the raw milk:
is not prominently labeled "Not for Human Consumption";
(B) does not comply with the rules adopted by the state
chemist under section 34(e) of this chapter.
(8) Distribution of any animal feed that is stated, promoted, or
advertised by the person to be suitable for human food unless the
feed meets all federal, state, and local health laws and labeling
requirements for human consumption.