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 in milk that are at least as effective in protecting the public health as the national standards adopted by the National Conference on Interstate Milk Shipments.
(2) Milk from manufacturing grade dairy farms shall be tested for drug residues as required by this chapter and rules adopted by the board.
(3) All milk that tests positive for drug residues must be disposed of in a manner that removes it from the human and animal food chain or that acceptably reconditions the milk under United States Health and Human Services, Food and Drug Administration compliance policy guidelines. In all cases of drug residue violations, a producer may not resume shipping milk until a drug test conducted by an officially designated laboratory shows the producer's milk is negative for drug residues and the test results are reported to the office of the state veterinarian.
(4) All positive drug residue test results must be called into the office of the state veterinarian immediately, and a written report of the test results must be faxed or delivered to the office of the state veterinarian not later than twenty-four (24) hours after the test. The producer whose milk tested positive must be notified of the positive drug residue test immediately. The company that conducted the test is responsible for the reporting requirements in this subdivision.
(b) The board may impose a civil penalty described in section 17 of this chapter on a person that sells or offers to sell milk that contains drug residues.
[Pre-2008 Recodification Citations: subsection (a) formerly 15-2.1-23-6.5(d) part; subsection (b) formerly 15-2.1-23-6.5(c).]
As added by P.L.2-2008, SEC.9. Amended by P.L.186-2014, SEC.8.
Structure Indiana Code
Title 15. Agriculture and Animals
Chapter 1. Milk and Milk Products; Permits; Standards; Inspections
15-18-1-2. Adulterated or Misbranded Milk or Milk Products
15-18-1-3. Permit Requirements; Application Procedure
15-18-1-5. Temporary Permits; Application for Reinstatement
15-18-1-6. Sanctions for Repeated Violations
15-18-1-10. Unsanitary Conditions
15-18-1-11. Approved Industry Plant Sampler
15-18-1-12. Labeling Information; Shipping Statement
15-18-1-13. Samples; Testing and Examination; Written Notice Upon Exceeding Standards
15-18-1-14. Compliance With National Standards; Rules
15-18-1-15. Sale of Milk and Milk Products
15-18-1-16. Drug Residue Violation Screenings; Violations
15-18-1-17. Calculation of Civil Penalties; Other Sanctions
15-18-1-18. Diagnosis of Tuberculosis, Brucellosis, and Other Diseases in Dairy Cattle
15-18-1-19. Storage of Raw Milk
15-18-1-20. Sale of Graded Milk Products; Prohibited Milk Ordinances
15-18-1-21. Pasteurization; Exceptions
15-18-1-22. Transfer of Milk Products; Storage Containers
15-18-1-23. Milk Cans and Receptacles
15-18-1-24. Conditions for Sale of Products From Outside Indiana
15-18-1-25. Employees Affected by Communicable Diseases
15-18-1-26. Powers of Board Upon Suspicion of Infection
15-18-1-27. Submission of Plans for Approval
15-18-1-28. Duties of Board to Administer Rules and Enforce Chapter
15-18-1-29. Enforcement by Board
15-18-1-30. Inspections; Performance of Official Duties
15-18-1-31. Dairy Drug Residue Abatement Fund
15-18-1-32. Board Enforcement; Inspections; Authority to Enter