Title 15, AGRICULTURE AND ANIMALS

Sec. 1. Except as otherwise provided in this chapter, this chapter applies to: (1) every facility for the distribution of ammonia or ammonia solutions; and (2) every facility for the storage of ammonia or ammonia solutions; that is located in Indiana. [Pre-2008 Recodification Cit…

Sec. 10. (a) Except as provided in subsection (d), the state chemist shall adopt rules establishing the minimum safety standards for the design, construction, location, installation, and operation of equipment for storage, handling, use, and transportation (not otherwise regulate…

Sec. 11. All equipment for the storage, handling, distribution, and use of ammonia or ammonia solutions must be installed and maintained: (1) in a safe operating condition; and (2) in conformity with the rules adopted under section 10 of this chapter. [Pre-2008 Recodification Cit…

Sec. 12. (a) If the state chemist or the state chemist's agent finds a violation of this chapter or the rules adopted under this chapter, the state chemist or the state chemist's agent may issue an order to the owner, the owner's agent, or the operator of the facility or equipmen…

Sec. 13. A person may not: (1) install: (A) a facility for the distribution of ammonia or ammonia solutions; or (B) a facility for the storage of ammonia or ammonia solutions; without first obtaining written approval of the state chemist for the location of the facility; (2) dist…

Sec. 14. (a) If a person violates this chapter or a rule adopted under this chapter, the state chemist may: (1) warn, issue a citation to, or impose a civil penalty on the person; or (2) deny, suspend, revoke, or amend the person's license, certificate, registration, permit, or a…

Sec. 15. In addition to any other remedy provided by law, the state chemist may apply for a temporary or permanent injunction restraining a person from violating or continuing to violate this chapter or any rule adopted under this chapter. An injunction shall be issued without bo…

Sec. 16. The state chemist may request a court to issue subpoenas to compel: (1) the attendance of witnesses; or (2) the production of books, documents, and records; as part of an authorized investigation or a hearing located in Indiana affecting the authority or privilege grante…

Sec. 2. As used in this chapter, "ammonia" means anhydrous ammonia (NH3) that is intended for use as a fertilizer for agricultural purposes. [Pre-2008 Recodification Citation: 15-3-2-3(a).] As added by P.L.2-2008, SEC.7. Amended by P.L.143-2017, SEC.2.

Sec. 3. As used in this chapter, "ammonia solution" means an agricultural ammonia solution that: (1) contains by weight at least ten per cent (10%) free ammonia; or (2) has a vapor pressure of at least one (1) pound per square inch gauge (PSIG) at one hundred four (104) degrees F…

Sec. 3.5. As used in this chapter, "board" refers to the Indiana fertilizer advisory board established by IC 15-16-2-25. As added by P.L.99-2012, SEC.1.

Sec. 4. As used in this chapter, "distribute" means to: (1) offer for sale; (2) sell; (3) barter; or (4) supply; ammonia or ammonia solutions to a person for agricultural purposes as a fertilizer. The term does not include a shipment made to a point or points outside Indiana. [Pr…

Sec. 4.5. As used in this chapter, "facility for the storage of ammonia or ammonia solutions" means a facility in which ammonia or ammonia solutions are: (1) stored by a person that manufactures or distributes ammonia or ammonia solutions; (2) stored in stationary containers; or …

Sec. 5. As used in this chapter, "person" means: (1) an individual; (2) a firm; (3) a partnership; (4) an association; (5) a corporation; (6) a company; (7) a joint stock association; (8) a body politic; (9) an organized group of persons whether incorporated or not incorporated; …

Sec. 6. The state chemist or the state chemist's agent shall administer this chapter. [Pre-2008 Recodification Citation: 15-3-2-2.] As added by P.L.2-2008, SEC.7.

Sec. 7. (a) The rules adopted under this chapter must be uniform in force and effect throughout Indiana. (b) This chapter does not impair the power of a municipality or other political subdivision of this state to regulate the use of land by zoning regulations or building codes. …

Sec. 8. (a) Before installing: (1) a facility for the distribution of ammonia or ammonia solutions; or (2) a facility for the storage of ammonia or ammonia solutions; a person shall, on forms provided by the state chemist, apply for approval of the location of the proposed facili…

Sec. 9. (a) The state chemist or the state chemist's agent shall inspect: (1) facilities for the distribution of ammonia or ammonia solutions; (2) facilities for the storage of ammonia or ammonia solutions; and (3) operating procedures used at the inspected facilities; at reasona…

Sec. 1. The following are the purposes of this article: (1) To promote, encourage, and advance the prevention, detection, control, and eradication of diseases and pests affecting: (A) the health of animals within Indiana; and (B) trade in animals and animal products in and from I…

Sec. 2. This article shall be liberally construed to effect and promote the purposes of this article. [Pre-2008 Recodification Citation: 15-2.1-1-6.] As added by P.L.2-2008, SEC.8.

Sec. 1. The following apply to this chapter: (1) IC 15-17-2 (definitions). (2) IC 15-17-16 (licensing). (3) IC 15-17-17 (hearings). (4) IC 15-17-19 (enforcement). [2008 Recodification Citation: New.] As added by P.L.2-2008, SEC.9.

Sec. 10. If the board finds unsanitary conditions existing in violation of sanitary statutes or rules of the state or a violation of this chapter: (1) on a dairy farm; (2) in a milk plant, receiving station, transfer station, or milk tank truck cleaning facility; or (3) by a milk…

Sec. 11. (a) A milk plant, receiving station, or transfer station that receives raw milk or raw cream from a producer of raw milk or raw cream shall use at least one (1) approved industry plant sampler. (b) The board may approve an industry plant sampler who meets the following r…

Sec. 12. (a) A bottle, container, or package enclosing milk, Grade A dry milk and whey products, or milk products must be labeled in accordance with the rules of the board. (b) A milk product may not bear a Grade A label unless the milk product is produced in accordance with the …

Sec. 13. (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 …

Sec. 14. (a) Raw milk for processing and milk and milk products must conform to all the standards in the rules adopted by the board. (b) The board shall adopt a rule under IC 4-22-2 to establish standards for Grade A milk and milk products. The standards adopted under this sectio…

Sec. 15. (a) A person may not manufacture, sell, exchange, or have in the person's possession with intent to sell or exchange any milk or milk product that: (1) does not conform to at least the minimum standards established and approved by the board; or (2) is packaged in a conta…

Sec. 16. (a) Milk must be screened for drug residue violations as follows: (1) Except as provided in subdivision (2), milk shall be screened for drug residues as required by this chapter and rules adopted by the board. The board may adopt rules governing testing for drug residues…

Sec. 17. (a) The following definitions apply throughout this section: (1) "Daily production" means the amount of milk, measured by hundred weight, produced by the positive producer in one (1) day, measured on the day in which the drug residue violation occurred. (2) "Producer rei…

Sec. 18. (a) Milk for pasteurization must be from herds that are located in a modified accredited tuberculosis free area as determined by the United States Department of Agriculture. Herds located in an area that fails to maintain accredited status must be accredited by the Unite…

Sec. 19. Raw milk from dairy farms that do not have a valid permit from the board to sell Grade A raw milk for pasteurization must be cooled to sixty (60) degrees Fahrenheit and be maintained at that temperature at the point of origin unless the milk is delivered to a receiving s…

Sec. 2. (a) A person may not produce, provide, sell, offer, display for sale, or have in possession with intent to sell milk or a milk product that is adulterated or misbranded. (b) Adulterated or misbranded milk or a milk product may be impounded by the board and disposed of in …

Sec. 20. (a) Only Grade A pasteurized milk, Grade A pasteurized milk products, and manufacturing grade milk products that meet the requirements of this chapter, including rules adopted under this chapter, may be sold to the final consumer or to restaurants, soda fountains, grocer…

Sec. 21. (a) 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 bee…

Sec. 22. (a) Except as permitted in this section, a milk producer or distributor may not transfer milk or milk products from one (1) container or tank truck to another on the street, in a vehicle, store, or in any place except a milk plant, receiving station, transfer station, or…

Sec. 23. (a) A person may not place or cause to be placed in a milk can or receptacle any sweepings, refuse, dirt, litter, garbage, filth, or any other animal or vegetable substance liable to decay and tending to produce or promote an unsanitary condition. (b) A person may not al…

Sec. 24. Milk and milk products from outside Indiana and not subject to the board's inspection may be sold in Indiana if the following conditions are met: (1) The milk and milk products are produced and pasteurized under rules that are substantially equivalent to this chapter. (2…

Sec. 25. (a) A person who is affected with a disease in a communicable form or who is a carrier of a disease may not work at a dairy farm or milk plant in any capacity that brings the person into contact with the production, handling, storage, or transportation of milk, milk prod…

Sec. 26. When reasonable cause exists to suspect the possibility of transmission of infection from a person concerned with the handling of milk or milk products, the board may require any or all of the following measures: (1) The immediate exclusion of the person from milk handli…

Sec. 27. Properly prepared plans for each milkhouse, milking barn, stable, parlor, transfer station, milk plant, milk tank truck cleaning facility, and receiving station regulated under this chapter that is constructed, reconstructed, or extensively altered must be submitted to t…

Sec. 28. (a) The board shall employ personnel necessary to adequately and efficiently enforce this chapter and the rules adopted under IC 4-22-2. (b) The board may negotiate agreements with state and local governmental agencies necessary in the opinion of the board to provide for…

Sec. 29. The board shall enforce this chapter in accordance with the rules adopted under section 14 of this chapter and IC 15-17-3-21. [Pre-2008 Recodification Citation: 15-2.1-23-15.] As added by P.L.2-2008, SEC.9.

Sec. 3. (a) A person that operates a milk plant, operates a receiving station or transfer station, acts as a milk distributor, acts as a bulk milk hauler/sampler, operates a milk tank truck, operates a dairy farm, operates a milk tank truck cleaning facility, operates a business …

Sec. 30. A person who is licensed under this chapter or who is engaged in: (1) the production, transportation, processing, or packaging of raw or pasteurized milk and milk products; (2) the business of selling or distributing products described in subdivision (1) for human consum…

Sec. 31. (a) The dairy drug residue abatement fund is established to implement education and other programs designed to prevent drug residue violations. Money in the fund is appropriated for these purposes. (b) The fund consists of civil penalties collected under section 17 of th…

Sec. 32. The board shall enforce this chapter and for that purpose may enter upon and inspect premises on which containers are stored, suspected of being stored, or trafficked in or on premises where raw or pasteurized milk or milk products are produced, purchased, received, tran…