1. (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. (1) does not conform to at least the minimum standards established and approved by the board; or
   2. (2) is packaged in a container or wrapping with labeling that has not been approved by the board.

2. (b) A person may not manufacture, sell, exchange, or deliver, or have in the person's possession with intent to sell, exchange, or deliver, milk, cream, skim milk, condensed milk, evaporated milk, or powdered milk that:

   1. (1) is mixed with sugar, eggs, flavors, or other substances;

   2. (2) is:

      1. (A) made in imitation or semblance of ice cream; or
      2. (B) calculated or intended to be sold as ice cream or for ice cream; and
   3. (3) does not conform with the standards for ice cream as approved and adopted by the board.

3. (c) This chapter does not prohibit the delivery to and the receiving of identifiable refillable milk containers by exchanges in the usual course of business and for the bona fide purpose of returning the containers to the lawful owners.

   [Pre-2008 Recodification Citation: 15-2.1-23-6.3.]

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