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 cheese factory;

(6) a condensery;

(7) an ice cream factory;

(8) any other processing plant; or

(9) a person purchasing fluid milk or cream in Indiana directly from producers or a producers' association or otherwise receiving milk directly from producers;

shall, during the month of May of each year, pay to the treasurer of Purdue University for the fluid milk or cream delivered during the month of May a sum equal in amount to two and one-half cents ($.025) per one hundred (100) pounds for all fluid milk purchased during that time. For the financing of the producers' share of this program, the processor shall charge the two and one-half cents ($.025) per one hundred (100) pounds back to the producer association or cooperative. For those patrons who do not belong to producer associations or cooperatives, the processor shall make this charge directly to the individual producer. Butterfat purchased from producers other than in the form of fluid milk shall be converted for the purpose of the deduction into four percent (4%) milk equivalent. Out-of-state receipts are exempt from the payment of these fees.

(b) All persons required to make payments under this section shall make reports of all purchases of milk and cream at the times and in the form as required by the creamery license division.

(c) It is a violation of this chapter for a person to fail to make:

(1) the payments required under this section; or

(2) an accurate accounting of the amount of fluid milk and cream purchased.

[Pre-2008 Recodification Citations: subsection (a) formerly 15-6-1-13(a); subsection (b) formerly 15-6-1-13(c); subsection (c) formerly 15-6-1-13(d).]

As added by P.L.2-2008, SEC.9.