TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 5

INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS — MILK COMPONENTS AND QUALITY TESTING

37-503.  Licenses — Retail vendor excepted — Fees — Posting — Definitions. Every creamery, milk plant, shipping or cream buying station, milk condensing plant, cheese factory, mix making plant, ice cream factory, reprocessing plant, casein plant, powdered milk plant, or factory of milk products, or other person receiving or purchasing milk or cream in bulk other than a retail vendor of milk on the basis of volume, milk components or milk quality therein, shall annually obtain a license therefor. Such license shall be issued by the department upon being satisfied that the building, places, or premises where such milk or dairy products are to be received or purchased are maintained in a sanitary manner, and that a laboratory or enclosed test room is provided in which to test milk and cream, that ample light is provided therein, and that at all times the room is kept in a clean and sanitary condition, and upon payment of such license fee to the department according to the following schedule:

Milk condensery, one hundred dollars ($100), reprocessing plant, one hundred dollars ($100), creamery, fifty dollars ($50.00), cheese factory, twenty dollars ($20.00), ice cream factory, twenty dollars ($20.00), mix making plant, twenty dollars ($20.00), casein plant, twenty dollars ($20.00), milk powder plant, thirty dollars ($30.00), cream buying or shipping station, fifteen dollars ($15.00). When one (1) or more kinds of dairy products are being manufactured by the same firm on the same premises, this shall be construed to require that a separate license be procured for each kind of product manufactured and sold. The license, when issued, shall be posted in a conspicuous place in the plant for which issued.

The term "creamery" shall mean any place, building or structure wherein milk or cream is manufactured into butter for sale.

The term "milk plant" shall mean any place, building or structure wherein milk is received for bottling, pasteurizing, clarifying or otherwise processing.

The term "shipping or cream buying station" shall mean any place where milk or cream is delivered by the producers to a buyer, not a manufacturer, or to the agent or representative of a manufacturer or processor of dairy products for shipment or transportation to such manufacturer or processor.

The term "milk condensing plant" shall mean any place, building or structure wherein milk is condensed or processed by removing a considerable portion of the water or other milk constituents normally contained therein.

The term "cheese factory" shall mean any place, building or structure wherein milk is manufactured into cheese.

The term "ice cream factory" shall mean any place, building or structure wherein milk or cream, regardless of butterfat content, and with or without other constituents, shall be manufactured into a frozen or semifrozen product for human consumption and for sale at wholesale or retail. This term shall not include "frozen dessert machines."

The term "frozen dessert machine" shall mean the freezer or other device by which the liquid ingredients for frozen dessert are frozen to a solid or semisolid consistency and are discharged, expelled or drawn off for sale at retail.

The term "mix making plant" shall mean any place, building or structure wherein milk or cream, with or without other constituents, shall be mixed or processed for resale to ice cream factories; provided, that any duly licensed ice cream factory may carry on, as a part of its business, the business of mix making plant without being required to pay therefor, additional license for so doing.

The term "reprocessing plant" shall mean any place, building or structure wherein a dairy product is mixed, dried, shredded, packaged or further processed into a dairy product. A reprocessing plant does not include retail stores, restaurants or similar institutions.

The term "casein plant" shall mean any place, building or structure wherein casein is manufactured for sale.

The term "powdered milk plant" shall mean any place, building or structure wherein milk or any product of milk is processed by evaporating or removing therefrom the water or moisture contained therein to a point where the product may be handled as a dry product. A powdered milk plant also includes a facility wherein dry milk products are blended or processed into other milk products.

History:

[(37-503) 1925, ch. 224, sec. 8, p. 435; am. 1927, ch. 98, sec. 1, p. 127; am. 1929, ch. 233, sec. 1, p. 455; I.C.A., sec. 36-703; am. 1937, ch. 147, sec. 1, p. 240; am. 1941, ch. 134, sec. 1, p. 266; am. 1947, ch. 160, sec. 1, p. 412; am. 1967, ch. 124, sec. 1, p. 282; am. 1982, ch. 6, sec. 1, p. 9; am. 1992, ch. 93, sec. 15, p. 300; am. 2011, ch. 115, sec. 2, p. 315.]