Title 15, AGRICULTURE AND ANIMALS

Sec. 82.5. "Permitted animal", for purposes of IC 15-17-14.7, has the meaning set forth in IC 15-17-14.7-3. As added by P.L.89-2016, SEC.14.

Sec. 83. (a) "Person" means any individual, trustee, receiver, corporation, limited liability company, partnership, and any other firm, organization, association, cooperative, or group of individuals or persons. (b) "Person", for purposes of IC 15-17-5-6.1 and IC 15-17-5-6.5, mea…

Sec. 84. "Pest" means any of the following that can directly or indirectly injure, cause damage to, or cause disease in animals: (1) A protozoan. (2) A plant. (3) A bacterium. (4) A fungus. (5) A virus or viroid. (6) An infectious agent or other pathogen. (7) An arthropod. (8) A …

Sec. 85. "Pesticide chemical" has the meaning set forth in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). [Pre-2008 Recodification Citation: 15-2.1-2-39.2.] As added by P.L.2-2008, SEC.8.

Sec. 86. "Postmortem inspection" means the inspection of livestock or poultry at the time of slaughter at an official establishment. [Pre-2008 Recodification Citation: 15-2.1-2-39.4.] As added by P.L.2-2008, SEC.8.

Sec. 87. "Poultry", for purposes of IC 15-17-3 and IC 15-17-5, means a domesticated bird, whether live or dead. [Pre-2008 Recodification Citation: 15-2.1-2-39.6.] As added by P.L.2-2008, SEC.8. Amended by P.L.50-2010, SEC.1.

Sec. 88. (a) "Poultry product", for purposes of IC 15-17-5, means a poultry carcass, part of a poultry carcass, or a product that is made wholly or in part from a poultry carcass or part of a poultry carcass. (b) The term does not include products that: (1) contain poultry ingred…

Sec. 89. "Practice of veterinary medicine" has the meaning set forth in IC 25-38.1-1-12. [Pre-2008 Recodification Citation: 15-2.1-2-40.] As added by P.L.2-2008, SEC.8.

Sec. 9. "Brucellosis" (commonly known as abortion disease or Bang's disease) means a dangerous, communicable, and infectious disease in animals caused by brucella organisms. [Pre-2008 Recodification Citation: 15-2.1-2-8.] As added by P.L.2-2008, SEC.8.

Sec. 90. "Prepared" means slaughtered, canned, cured, salted, smoked, stuffed, rendered, boned, cut up, frozen, dried, stored, or otherwise manufactured or processed. [Pre-2008 Recodification Citation: 15-2.1-2-40.5.] As added by P.L.2-2008, SEC.8.

Sec. 91. "Private sale" means any sale other than a public sale. [Pre-2008 Recodification Citation: 15-2.1-2-41.] As added by P.L.2-2008, SEC.8.

Sec. 91.5. "Processed product" means material derived in whole or in part from any animal, including fish and poultry, and other refuse that has been associated with any such material, that has undergone an industrial manufacturing procedure to prevent spoilage or add shelf stabi…

Sec. 92. "Public sale" means a sale where the general public is invited to participate whether held at an established place of business or at a place where sales are infrequently held. [Pre-2008 Recodification Citation: 15-2.1-2-43.] As added by P.L.2-2008, SEC.8.

Sec. 93. "Reactor" means an animal that has been tested for a certain disease and shows a positive reaction to an official test for the disease according to existing state rules or federal regulations at the time of the test. [Pre-2008 Recodification Citation: 15-2.1-2-44.] As ad…

Sec. 94. (a) "Receiving station" means a place, a premises, or an establishment where milk or milk products are collected, handled, stored, or cooled and prepared for distribution. (b) The term does not include soft ice cream dispensers in restaurants as defined by the board. [Pr…

Sec. 95. "Rendered product" means waste material derived in whole or in part from any animal, including fish and poultry, and refuse from the handling, preparation, cooking, or consumption of food that has been: (1) ground and heated to a minimum temperature of two hundred thirty…

Sec. 96. (a) "Renderer" means a person engaged in the business of operating a disposal plant for the rendering of livestock or poultry carcasses or parts or products of such carcasses. (b) The term does not include rendering conducted under inspection or exemption under IC 15-17-…

Sec. 97. (a) "Sale", "sell", or "selling" means sale, lease, donation, trade, barter, or exchange in any manner. (b) The term includes the following: (1) Manufacture, processing, transporting, handling, packing, canning, bottling, or any other productions, preparation, or putting…

Sec. 98. (a) "Stockyards" means a place, an establishment, or a facility conducted, operated, or managed for profit or not for profit as a public market in which livestock is assembled for purchase or sale at competitive bidding, or purchase by the persons operating the stockyard…

Sec. 99. "Transfer station" means a place, a premises, or an establishment where milk or milk products are transferred directly from one (1) milk tank truck to another. [Pre-2008 Recodification Citation: 15-2.1-2-51.5.] As added by P.L.2-2008, SEC.8.

Sec. 1. As used in this chapter, "Babcock test" means the official Babcock test for milk and for cream. [Pre-2008 Recodification Citation: 15-6-1-2(5).] As added by P.L.2-2008, SEC.9.

Sec. 10. (a) The term of a board member is three (3) years. (b) A vacancy in any membership of the board shall be filled by the same process for the unexpired term. [Pre-2008 Recodification Citations: subsection (a) formerly 15-6-1-21(d); subsection (b) formerly 15-6-1-21(g).] As…

Sec. 11. Board members shall be reimbursed by the creamery license division for actual traveling expenses and subsistence while attending a regular or called meeting. [Pre-2008 Recodification Citation: 15-6-1-21(j).] As added by P.L.2-2008, SEC.9.

Sec. 12. The board shall do the following: (1) Hold regular quarterly meetings and in addition meet in special called sessions at a date, time, and place designated by the chairperson. (2) Review all cases of violation of this chapter. (3) Recommend the revocation of any license …

Sec. 13. On recommendation of the board and with the approval of the dean of agriculture of Purdue University, inspectors of the creamery license division may inspect records or collect data on the quality and quantity of milk and cream in plants that: (1) cooperate with Purdue U…

Sec. 14. (a) Milk and cream must be purchased on the basis of weight or volume and: (1) the butterfat content; (2) the protein content; or (3) a combination of butterfat and protein content; as determined by any test or tests approved by the board, which may also have been design…

Sec. 15. (a) A hauler of milk or cream or other person or dairy processing plant or other milk plant or agent receiving milk or cream by weight or test or by weight and test may not fraudulently manipulate the weights of milk or cream of any person to take unfair samples or fraud…

Sec. 16. A person acting alone or as the officer, servant, agent, or employee of any person buying and paying for milk or cream on the basis of the total composition of milk, the protein, or fat components of milk may not: (1) underread, overread, or otherwise fraudulently manipu…

Sec. 17. (a) A person or a person's agent buying or paying for milk or cream on the basis of the amount of butterfat contained in the milk or cream as determined by the Babcock test shall use standard Babcock testing glassware and accurate scales. (b) In conducting tests other th…

Sec. 18. (a) A dairy processing plant, a receiving station, a milk shipping station, a milk factory, a milk distributor, a cheese factory, a condensery, an ice cream factory, other processing plant, person, or person's agent that handles, receives, buys, or pays for milk or cream…

Sec. 19. (a) A person who does testing in connection with the receiving, buying, or paying for milk or cream on the basis of the total composition or the protein and fat components contained in the milk or cream, either for the person or as an officer, a servant, an agent, or an …

Sec. 2. As used in this chapter, "board" refers to the creamery examining board established by section 9 of this chapter. [2008 Recodification Citation: New.] As added by P.L.2-2008, SEC.9.

Sec. 20. (a) A person who does sampling in connection with receiving, buying, or paying for milk or cream on the basis of the total composition of milk or the protein and fat components contained in the milk or cream, either for the person, or as officer, servant, agent, or emplo…

Sec. 21. An application for a new license to test must be accompanied by the payment of a fee of thirty dollars ($30). An application for a new license to sample or weigh must be accompanied by the payment of a fee of twenty dollars ($20). The fee shall pay for the first regular …

Sec. 22. The creamery license division shall issue a plant license to every dairy processing plant, receiving station, milk factory, cheese factory, condensery, ice cream factory, or other person that complies with section 18 of this chapter and pays to the creamery license divis…

Sec. 23. A license shall be issued to a receiving station or other milk or cream processing plant upon payment to the creamery license division a fee of twenty-five dollars ($25). [Pre-2008 Recodification Citation: 15-6-1-12(b).] As added by P.L.2-2008, SEC.9.

Sec. 24. A license shall be issued to an applicant for a milk tester's license or cream tester's license if the applicant: (1) complies with section 19 of this chapter; and (2) pays to the creamery license division a fee of fifteen dollars ($15). [Pre-2008 Recodification Citation…

Sec. 25. A license shall be issued to an applicant for a sampler's license if the applicant: (1) complies with section 20 of this chapter; and (2) pays to the creamery license division a fee of ten dollars ($10). [Pre-2008 Recodification Citation: 15-6-1-12(d).] As added by P.L.2…

Sec. 26. A license issued under this chapter expires March 31 following its issue. A license is not transferable. [Pre-2008 Recodification Citation: 15-6-1-14.] As added by P.L.2-2008, SEC.9.

Sec. 28. (a) To secure sufficient funds to implement this chapter and to ensure accuracy to milk and cream producers in the weighing, sampling, and testing of milk and cream: (1) a dairy processing plant; (2) a receiving station; (3) a milk factory; (4) a milk distributor; (5) a …

Sec. 29. Payments under section 28 of this chapter shall be made to the treasurer of Purdue University not later than June 20 of each year. The money received is for the exclusive use of the creamery license division. The money shall be expended for the following: (1) Salaries an…

Sec. 3. As used in this chapter, "milk distributor" means any person or person's agent that purchases market milk or market cream from a bargaining agent or another plant for resale. [Pre-2008 Recodification Citation: 15-6-1-2(4).] As added by P.L.2-2008, SEC.9.

Sec. 30. If a person is more than thirty (30) days late paying a fee required under this chapter, the board shall assess a late fee of the greater of the following: (1) Ten percent (10%) of the amount due. (2) Five dollars ($5). [Pre-2008 Recodification Citation: 15-6-1-22.] As a…

Sec. 31. (a) The money for license fees and for inspection fees as provided in this chapter shall be paid to the treasurer of Purdue University. The Purdue University board of trustees shall expend the collected fees, on proper vouchers to be filed with the state comptroller, in …

Sec. 32. Plants and stations covered by this chapter as listed in section 18 of this chapter (dairy processing plant and receiving station licenses) shall report before April 1 of each year the amount of milk or cream, or both, purchased during the last calendar year with the amo…

Sec. 33. (a) For purposes of this chapter, inspectors of the creamery license division may do the following: (1) Enter at all reasonable hours all places where milk or cream is being stored, bottled, or processed, or where milk or cream is being bought, sold, or handled, to inspe…