Introduced Version






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.





Young R




    January 14, 2013, read first time and referred to Committee on Agriculture and Natural Resources.







Introduced

First Regular Session 118th General Assembly (2013)


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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 produced 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 following:
        (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 process.
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 the board.
        (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 subsection.
    (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 facility.

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 organization.
        (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 pet food.

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:
             (A) is not prominently labeled "Not for Human Consumption"; or
            (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.