§ 15-18-1-9 — Duty of board to inspect; inspection report; access to facility required; prohibited use of trade secrets

Indiana § 15-18-1-9

• Jurisdiction: Indiana
• Art. 18: DAIRY PRODUCTS
• Ch. 1: Milk and Milk Products; Permits; Standards; Inspections

Text

(a) The state veterinarian shall examine each
application for a permit required in this chapter. If the applicant for a
permit has complied with all statutes and rules enforced by the board,
the state veterinarian shall cause the premises, location, equipment, and
operating practices of the applicant to be inspected not later than ten
(10) days after the receipt of the application for a permit. If the
premises, location, equipment, and operating practices comply with
this article and the rules of the board, the state veterinarian shall issue
a permit entitling the applicant to engage in the business for which the
application was submitted.
(b) The board shall conduct the following inspections:
(1) Each dairy farm and transfer station at least one (1) time every
six (6) months.
(2) Each milk plant and receiving station at least one (1) time
every three (3) months.
In addition, following the issuance of a permit, the board may, to
determine compliance with this chapter, inspect the licensee's facility,
procedures, and equipment.
(c) If the board finds a violation of the standards for Grade A milk
adopted under section 14 of this chapter, a second inspection is
required after the time thought necessary to remedy the violation but
not sooner than three (3) days after finding the violation. The
reinspection must be used to determine compliance with the
requirements adopted under section 14 of this chapter. A violation of
the same requirement on the reinspection results in permit suspension
in accordance with section 6 of this chapter or court action, or both.
(d) One (1) copy of the inspection report must be:
(1) provided to the operator or other responsible person; or
(2) posted in a conspicuous place on an inside wall of the
establishment.
The inspection report may not be defaced and must be made available
to the board upon request. An identical copy of the inspection report
must be filed with the records of the board.
(e) A person licensed under this chapter shall, upon request of the
board, permit access of officially designated persons to all parts of the
person's establishment or facilities to determine compliance with this
chapter. A distributor or plant operator shall furnish the board, upon
request and for official use only, a true statement of the actual
quantities of milk and milk products of each grade purchased and sold
and a list of all sources of the milk and milk products, records of
inspection, tests, and pasteurization time and temperature records.
(f) A person who, in an official capacity, obtains under this chapter
any information that is entitled to protection as a trade secret, including
information as to quantity, quality, source, or disposition of milk or
milk products, or results of inspections or tests, may not use the
information to the person's own advantage or reveal the information to
an unauthorized person.
[Pre-2008 Recodification Citation: 15-2.1-23-3.]

Legislative History

As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.3.