§ 15-18-1-13 — Samples; testing and examination; written notice upon exceeding standards

(a) Samples of raw and processed milk and
milk products must be collected as required under this section and rules
adopted by the board as follows:
(1) A bulk milk hauler/sampler shall collect a representative
sample of the milk from each farm tank before collecting the milk
for delivery. Each sample must be labeled so as to identify the
farm of origin. Each sample must be delivered to a milk plant,
receiving station, transfer station, or other location approved by
the board.
(2) During any consecutive six (6) months, at least four (4)
samples of raw milk for pasteurization must be collected from
each milk producer. The samples must be taken in separate
months. However, not more than once in a three (3) month period
the samples may be collected twice in the same month if the
samples are taken at least twenty (20) days apart.
(3) During any consecutive six (6) months, at least four (4)
samples of raw milk for pasteurization must be collected from
each milk plant, after receipt of the milk by the milk plant and
before pasteurization. The samples taken from the plant must be
taken in separate months. However, not more than once in a three
(3) month period the samples may be collected twice in the same
month if the samples are taken at least twenty (20) days apart.
(4) During any consecutive six (6) months, at least four (4)
samples of pasteurized milk, heat treated milk, and at least four
(4) samples of milk products and Grade A dry milk products must
be taken from every milk plant. The samples taken from the plant
must be taken in separate months. However, not more than once
in a three (3) month period the samples may be collected twice in
the same month if the samples are taken at least twenty (20) days
apart.
Samples of milk and milk products must be taken while in possession
of the producer or distributor at any time before final delivery. Samples
of milk and milk products from dairy retail stores, food service
establishments, grocery stores, and other places where milk and milk
products are sold must be examined periodically as determined by the
board, and the results of the examination must be used to determine
compliance with this chapter. Proprietors of such establishments must
furnish the board, upon the board's request, with the names of all
distributors from whom milk or milk products are obtained.
(b) Bacterial counts, somatic cell counts, and cooling temperature
checks must be performed on raw milk for pasteurization as required
by the board.
(c) In addition, antibiotic tests on milk from each producer's farm
must be conducted at least four (4) times during any consecutive six (6)
months. The samples taken from the farm must be taken in separate
months. However, not more than once in a three (3) month period the
samples may be collected twice in the same month if the samples are
taken at least twenty (20) days apart. Antibiotic testing of commingled
milk from bulk milk vehicles must be conducted as specified by the
United States Food and Drug Administration or the board. When
commingled milk is tested, all producers must be represented in the
sample. All individual sources of milk must be tested when test results
on the commingled milk are positive. The milk plant, receiving station,
or transfer station shall conduct or have conducted all tests required by
the board on milk producer raw milk sample laboratory analyses and
forward the results of the analyses to the board.
(d) Bacterial counts, coliform determinations, phosphatase, and
cooling temperature checks must be performed on pasteurized milk and
milk products as required by rules adopted by the board.
(e) Whenever two (2) of the last four (4) consecutive bacteria
counts, somatic cell counts, coliform determinations, or cooling
temperatures taken on separate days exceed the limit of the standard for
milk or milk products, the board shall send a written notice to the
person concerned. This notice remains in effect as long as two (2) of
the last four (4) consecutive samples exceed the limit of the standard.
An additional sample must be taken not later than twenty-one (21) days
after sending the notice, but not before the lapse of three (3) days.
Immediate suspension of a permit or court action, or both, shall be
instituted whenever the standard is violated by three (3) of the last five
(5) bacteria counts, somatic cell counts, coliform determinations, or
cooling temperatures.
(f) Whenever a phosphatase test is positive, the cause must be
determined. If the cause is improper pasteurization, the problem must
be corrected, and any milk or milk product involved may not be offered
for sale.
(g) Samples must be analyzed at an official laboratory or appropriate
officially designated laboratory. All sampling procedures and required
laboratory examinations must be in substantial compliance with the
most current edition of the Standard Methods for the Examination of
Dairy Products of the American Public Health Association and the
most current edition of the Official Methods of Analyses of AOAC
International. These procedures and examinations must be evaluated
in accordance with the methods of evaluating milk laboratories
recommended by the United States Food and Drug Administration.
Aseptically processed milk and milk products packaged in hermetically
sealed containers must be tested in accordance with the United States
Food and Drug Administration's Bacteriological Analytical Manual.
(h) Examinations and tests must be conducted to detect adulterants,
including pesticides, as the board requires. Assays of vitamin D milk
or milk products and fortified milk and milk products must be made at
least annually by a milk plant in a laboratory acceptable to the board.
Facilities fortifying products with vitamins must keep volume control
records that cross-reference the form and amount of vitamin D and
vitamin A used with the amount of product produced.
[Pre-2008 Recodification Citation: 15-2.1-23-5.]

Legislative History

As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.6.