LSA #25-151 Dairy Products Rule

OVERVIEW The proposed rule is necessary to comply with a state mandate. State law requires BOAH to adopt rules that
are the same as, or at least as effective in protecting health as, the federal standards for Grade A milk adopted
by the National Conference on Interstate Milk Shipments (NCIMS) in accordance with their Memorandum
of Understanding (MOU) with the Food and Drug Administration (FDA). The FDA Grade A Pasteurized Milk
Ordinance (PMO) is the document accepted by the FDA as the federal standards for the interstate shipment of
milk. To comply with this statutory mandate, the agency must ensure that the most recent revision of the PMO is
being referenced in the state dairy products rule. The NCIMS met in April 2023 to vote on a series of proposals to
amend the PMO. As a voting member of the NCIMS, BOAH periodically updates the dairy products rule to ensure
that Indiana's standards are consistent with federal law. The last time these rules were updated was in 2020 (LSA
20-476).
The proposed rule is also necessary to comply with a federal mandate. As a member of the NCIMS entity,
each state has agreed to enforce the sanitation standards set forth in the PMO. The FDA audits state program
implementation by conducting check ratings. The check rating process involves the FDA inspecting all farms and
plants in Indiana every six years. If BOAH does not update the incorporation by reference, Indiana would not be
able to enforce the most current federal requirements to ship Grade A milk products in interstate commerce.

Indiana State Board of Animal Health

1202 E 38th Street

Discovery Hall, Suite 100

Indianapolis, IN 46205

https://iar.iga.in.gov/register/20250326-IR-345250151FNA#:~:text=All%20comments%20must%20be%20postmarked%20or%20time%20stamped%20not%20later%20than%20April%2025%2C%202025.

https://iar.iga.in.gov/register/20250326-IR-345250151FNA

Indiana State Board of Animal Health

1202 E 38th Street

Discovery Hall, Suite 100

Indianapolis, IN 46205

sasimpson@boah.in.gov

Indiana State Board of Animal Health

1202 E 38th Street

Discovery Hall, Suite 100

Indianapolis, IN 46205