PART 1. GENERALLY [32501. - 35312.]
Part 1 enacted by Stats. 1967, Ch. 15.
§§ 32501–35312 · 326 sections
CHAPTER 1. Short Title and Definitions §§ 32501–32516.5 · 17 sections
- § 32501 This division shall be known as the Milk and Milk Products Act of 1947.
- § 32501.5 There is within the Department of Food and Agriculture the Milk and Dairy Food Safety Branch.
- § 32502 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 32503 “Approved milk inspection service” means a milk inspection unit and laboratory which are maintained in connection with a county for the purpose of grading…
- § 32504 “Cream” means that portion of milk, rich in milk fat, which rises to the surface of milk that is left standing or which is separated from milk by centrifugal…
- § 32505 “Dairy farm” means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or water buffalo, or six…
- § 32506 “Dairy farm scorecard” means the card which is adopted by the director pursuant to Section 32791 for the official scoring of dairy farms.
- § 32508 “Manufacturing cream” means cream which does not conform to the requirements of market cream.
- § 32509 “Manufacturing milk” means milk which does not conform to the requirements of market milk.
- § 32510 “Market milk” means milk which conforms to the standards which are provided in Chapter 2 (commencing with Section 35751), Part 2, of this division. Market milk…
- § 32511 “Milk” means the unadulterated lacteal secretion which is obtained from the udder of a cow, water buffalo, goat, sheep, or other hooved mammal.
- § 32512 “Milk product” or “dairy product” means any product which is prepared or manufactured from milk, for which product a standard of composition is established by…
- § 32513 “Milk products plant” means any place in which a person engages in the business of handling, receiving, manufacturing, freezing, processing, or packaging milk,…
- § 32514 “Milk products plant scorecard” means the card which is adopted by the director pursuant to Section 32791 for the official scoring of milk products plants.
- § 32515 “Pasteurized” means that the milk or milk product has been subjected to a process which is described in Chapter 8 (commencing with Section 34001) of this part,…
- § 32516 “Product of milk” means milk product as set forth in Section 32512 of this division.
- § 32516.5 “Restricted use market milk” means market milk that does not conform to the standards specified in Article 2 (commencing with Section 35781), Article 13…
CHAPTER 2. Powers of Director §§ 32701–32814 · 27 sections
ARTICLE 1. Enforcement §§ 32701–32704 · 4 sections
- § 32701 The director shall, and representatives of approved milk inspection services under his general supervision may, enforce this division.
- § 32702 The director may bring an action to enjoin any violation or threatened violation of any provision of this division, in the superior court in and for the county…
- § 32703 Any proceeding pursuant to this article shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil…
- § 32704 Any money in the Department of Agriculture Fund which is derived under this division may be expended for the enforcement of any or all of the provisions of…
ARTICLE 2. Inspection and Samples §§ 32731–32734 · 4 sections
- § 32731 The director may do all of the following: (a) Enter and inspect any premises or conveyance where any provision of this division is applicable. (b) Take a…
- § 32732 No prosecution which is based upon a sample of milk, cream, a product of milk or cream, or a product resembling milk products shall be had unless a duplicate…
- § 32733 Samples of milk, milk products, and products resembling milk products to be tested for coliform bacteria shall be taken at the plant where packaged or from…
- § 32734 (a) In addition to any other provision of law, the secretary shall require inspections at least quarterly of all milk products plants that pasteurize milk or…
ARTICLE 3. Animals Carrying Pesticide Residues §§ 32741–32743 · 3 sections
- § 32741 If the director determines that any female dairy animal, including any goat, is carrying pesticide residues in its body or has been fed any feed which contains…
- § 32742 It is unlawful for any person to move any such animal except under written permission of the director and in accordance with the conditions stated in such…
- § 32743 The director shall notify the owner or agent of any animal which is ordered held, or for which he has specified conditions for moving, pursuant to this article.
ARTICLE 4. Condemnation §§ 32761–32767 · 8 sections
- § 32761 The director may condemn any of the following: (a) Milk or cream which is found to be impure, tainted, unclean, adulterated, or unwholesome. (b) Milk or cream…
- § 32761.5 The director shall test milk and milk products for the presence of drug residues. The director may adopt, by regulation, official drug residue testing methods…
- § 32762 The director may mark any condemned milk or cream for identification.
- § 32763 The director shall prescribe the method of marking condemned milk or cream for identification but shall not, in marking condemned milk or cream, add any…
- § 32764 Condemned milk or cream which has been marked for identification shall be returned to the producer of the milk or cream, if requested by the producer, or shall…
- § 32765 The director may condemn any product of milk or cream or product resembling a milk product which is within any of the following classes: (a) Impure, unclean,…
- § 32766 The director may destroy or mark for identification with a nontoxic substance, any condemned product of milk or cream or product resembling a milk product.
- § 32767 No manufactured product of milk or cream or product resembling a milk product may be destroyed by the director without due notice to the owner of the product,…
ARTICLE 5. Reports, Scorecards and Statistics §§ 32791–32794 · 4 sections
- § 32791 The director shall adopt a dairy farm scorecard and a milk products plant scorecard for the official scoring of dairies and milk products plants. The director…
- § 32792 The director shall do all of the following: (a) Collect, compile, and publish statistics relative to the dairy industry, oleomargarine, and products resembling…
- § 32793 The director shall provide blanks for reporting statistics on milk and milk products and on products resembling milk products. He shall, on or before the first…
- § 32794 In addition to the monthly report, the director may require annual, semiannual, or quarterly reports of the same general character as the monthly report.
ARTICLE 6. Suspension or Revocation of Licenses or Permits §§ 32811–32814 · 4 sections
- § 32811 Any license or permit that is issued pursuant to this division, may be suspended or revoked by the director, after a hearing before the director if, within 30…
- § 32812 Thirty days’ notice is not required before a license or permit may be suspended or revoked by the director where the premises or appurtenances of the licensee…
- § 32813 The proceedings for the suspension or revocation of a license or permit shall be conducted pursuant to Chapter 5 (commencing with Section 11500), Part 1,…
- § 32814 (a) In addition to any other penalty or fine prescribed by law, including, but not limited to, denial, suspension, or revocation of any license, permit or…
CHAPTER 3. General Requirements §§ 32901–32921 · 22 sections
- § 32901 It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive any milk, cream, product of milk or cream, imitation milk,…
- § 32902 It is unlawful for any person to sell, for human consumption as cow’s milk, any goat’s milk or any mixture of cow’s milk and goat’s milk. It is unlawful for…
- § 32903 It is unlawful for any person to sell any milk, or any product of milk, from cows or goats that have not negatively passed a tuberculin test applied regularly…
- § 32903.5 It is unlawful for any person to sell any milk, or any product of milk, from cows or goats that are reactors to a brucellosis test applied in accordance with…
- § 32904 If reacting animals are found they shall be removed from the herd immediately by the owner and kept separate and apart from other cattle or goats and disposed…
- § 32905 Milk or any milk product may be sold in this state in the following cases: (a) If such milk or milk product was produced in a modified accredited or modified…
- § 32906 It is unlawful for any person to sell, give away, or deliver, or to knowingly purchase or receive any impure, polluted, tainted, unclean, unwholesome, stale or…
- § 32907 It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive any milk or any product of milk which has been produced or handled…
- § 32909 It is unlawful for any person to produce, manufacture, prepare for sale, or sell any of the following: (a) Any milk, cream, or other product of milk to which…
- § 32910 Except as otherwise provided in this division, it is unlawful for any person to manufacture or sell any milk, cream, skim milk, buttermilk, condensed or…
- § 32911 A person shall not efface, erase, cancel, or remove any mark, statement, or label which is required by this division, with intent to mislead, deceive, or to…
- § 32912.5 (a) The secretary shall enforce the labeling requirements established under the Federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) and Title 21…
- § 32913 A person shall not use the name of any such product, orally, printed, or written, in connection with the sale of any product or substance unless such product…
- § 32914 A person shall not make or cause to be made any statement, oral, written, or printed, or make or print, or cause to be made or printed, any design, symbol,…
- § 32915 The labeling requirements of Sections 32912, 32913, and 32914 also apply to milk and cream which is sold in bulk to the wholesale trade and to milk and cream…
- § 32916 All cream, skim milk, buttermilk, ice cream, butter, cheese, or other milk product which is sold, designated, or advertised as certified shall be conspicuously…
- § 32917 A person shall not render any statement or bill which shows the weight, grade, percentage of fat, amount of fat, solids not fat, bacteria count, price, or…
- § 32918 Every vehicle from which any milk or milk product is regularly sold and marketed or peddled shall have the name of the distributor plainly lettered upon it in…
- § 32919 The director may by regulation require every distributor that delivers any packaged milk in fluid state to any agency of the United States government for…
- § 32920 Any pasteurized milk or milk product, frozen dessert, cheese, or product resembling milk products shall be produced, distributed, or sold in accordance with…
- § 32920.5 Any sanitary, sterilization, or pasteurization requirement relating to or affecting the production of raw milk for pasteurization or the processing,…
- § 32921 The secretary may, by regulation, adopt official final action methods of testing for the determination of the components of milk and products of milk as…
CHAPTER 4. Inspection Services §§ 33051–33351 · 59 sections
ARTICLE 1. Definitions §§ 33051–33053 · 3 sections
- § 33051 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 33052 “Eligible list” means the list established by the State Personnel Board pursuant to Section 33111 of persons who are qualified to be employed by the department…
- § 33053 “Established milk inspection area” means an area in which the inspection or grading service is established and conducted by the director and wherein such…
ARTICLE 2. General Provisions §§ 33081–33087 · 7 sections
- § 33081 The director may authorize as many approved milk inspection services as may be necessary to properly carry out the provisions of this division and the…
- § 33082 The director shall supervise the operation of all approved milk inspection services in the enforcement of this division and the regulations which are adopted…
- § 33083 The director may adopt regulations for the proper enforcement of this chapter.
- § 33084 The director, at least once each month, shall report to the Controller the total amount of money which is collected under Section 33294. He or she shall, at…
- § 33085 An advisory committee shall be established to assist the director in the administration of this chapter. The members of the advisory committee shall be…
- § 33086 The members of the advisory committee shall include persons representing producers, milk products plants, approved milk inspection services personnel, and the…
- § 33087 A member of the advisory committee shall not receive a salary. The director may authorize the reimbursement for any actual expenses incurred while engaged in…
ARTICLE 3. Employees §§ 33111–33121 · 9 sections
- § 33111 The State Personnel Board shall hold examinations in various parts of the state for the purpose of determining the qualifications of persons who desire to…
- § 33112 The director shall examine any interested person qualified under Section 33113 for certification as a registered dairy inspector. Such an examination shall be…
- § 33112.1 Notwithstanding any other provision of this chapter, the director shall issue a limited milk inspection certificate to any registered sanitarian employed by…
- § 33113 A person is not eligible to take the examination unless the person possesses one of the following qualifications: (a) Graduation from a four-year college with…
- § 33114 The director shall establish and collect fees for the application and for the examination of persons for the position of registered dairy inspector to cover…
- § 33118 The director shall, from time to time, conduct special refresher courses which shall not exceed five days, at various convenient places in the state for the…
- § 33119 Attendance at such a refresher course shall be mandatory, in the discretion of the director, upon any or all persons who are employed by the department and…
- § 33120 Any person who is employed by the department or any county or city shall be paid his salary or compensation while he is attending such a special refresher…
- § 33121 This article does not apply to any clerical employee, or to any person who is employed in a laboratory.
ARTICLE 4. Designation and Assignment §§ 33141–33151 · 8 sections
- § 33141 If a producer produces market milk within the jurisdiction of an approved milk inspection service, the director, after an investigation and consultation with…
- § 33142 The director, in making the designation and assignment, shall take into consideration, in addition to other matters which are considered, the geographical…
- § 33143 No more than one approved milk inspection service may be designated by the director for any single dairy farm which produces market milk.
- § 33146 Any producer or approved milk inspection service may file with the director a written protest regarding any designation which is made pursuant to Section…
- § 33147 The director may, within 30 days after the receipt of the protest and shall, within 30 days after receipt of a petition, and after at least five days’ written…
- § 33149 The director upon his own motion, after giving at least 10 days written notice to any approved milk inspection service which is concerned, may hold a hearing…
- § 33150 After the hearing, the director may revoke, amend, or retain such designation, designate another approved milk inspection service to perform the inspection as…
- § 33151 Upon the approval in writing of a milk inspection service by the director, the approved milk inspection service shall do all of the following: (a) Grade market…
ARTICLE 5. Establishment of Inspection Service by Director § 33171 · 1 section
- § 33171 In areas in which an approved milk inspection service has not been designated by the director pursuant to Article 4 (commencing with Section 33141), the…
ARTICLE 6. Interagency Contracts § 33201 · 1 section
- § 33201 Counties may, subject to the approval of the director, contract, one with the other, for the maintenance by one, or some of them, of the approved milk…
ARTICLE 7. Permits §§ 33221–33228 · 8 sections
- § 33221 As used in this article, “permit” means a permit that is issued pursuant to Section 33222.
- § 33222 Every person, before engaging in the business of producing market milk or manufacturing milk, shall obtain a permit from the secretary or from the approved…
- § 33223 If a permit is issued by an approved milk inspection service designated by the secretary to a producer of market milk or manufacturing milk, no other permit…
- § 33224 Upon receipt of an application for a permit, the secretary or approved milk inspection service shall cause an investigation to be made of the dairy farm where…
- § 33225 If this division and the standards that are established by or adopted pursuant to the authority that is granted in this division are complied with, a permit…
- § 33226 Every person shall obtain a permit from the secretary before engaging in the business of processing or distributing market milk. Upon receipt of an application…
- § 33227 Each person, before engaging in the transportation of unpackaged market milk or unpackaged market milk products (bulk milk hauler), shall obtain a bulk milk…
- § 33228 (a) Any person, before engaging the business of cleaning or sanitizing bulk milk tanker trucks shall obtain a bulk milk tanker truck cleaning or sanitizing…
ARTICLE 8. Fees Payable to a County §§ 33251–33265 · 11 sections
- § 33251 The county that maintains an approved milk inspection service where an inspection fee is levied and collected shall determine the actual cost of making an…
- § 33252 For the purpose of maintaining an approved milk inspection service, the county may, but is not required to, levy and collect an inspection fee or fees from…
- § 33253 The dairy farm inspection fee shall not exceed the actual cost to the county of making the dairy farm inspection, provided that an additional 15 percent of the…
- § 33254 Any fees levied by an approved milk inspection service for dairy farm inspection shall not exceed the maximum fees provided for state established inspection.
- § 33256 The cost of the inspections may include all directly related costs.
- § 33257 If an approved milk inspection service inspects a dairy farm, the dairy farm inspection fee, if levied, shall be collected from the producer of milk that is…
- § 33261 Charges that are made by any approved milk inspection service for inspection fees are subject to audit by the secretary, and for this purpose the secretary…
- § 33262 Ten percent of the producers within any approved inspection area may file with the secretary a written protest as to the reasonableness of any inspection fee…
- § 33263 The secretary shall, after 30 days’ public notice of the hearing, and after five days’ written notice to any approved milk inspection service that is…
- § 33264 Upon the completion of hearing, the secretary may establish a reasonable fee for the inspection that is the subject of the protest. Thereafter until the order…
- § 33265 A county shall not, through an approved milk inspection service or otherwise, levy or collect any fee or tax for the purpose of inspecting any milk or dairy…
ARTICLE 9. Fees Payable to the Secretary §§ 33291–33298 · 8 sections
- § 33291 Every person that is engaged in the production of milk outside the jurisdiction of an approved milk inspection service and every person engaged in the…
- § 33292 (a) Every milk products plant or milk handler that purchases, or otherwise acquires possession or control of, milk directly from producers shall deduct from…
- § 33293 The inspection fee is payable during the first week of January, April, July, and October of each year.
- § 33294 (a) Every producer shall pay an inspection fee not to exceed twelve cents ($0.12) per hundredweight of the first 482,000 pounds only on milk produced by him or…
- § 33295 The secretary shall fix the inspection fees for each person, as provided for in Section 33291, not to exceed actual directly related costs for inspection. The…
- § 33296 The secretary shall make, and maintain, written findings upon which inspection fees are fixed pursuant to Sections 33294 and 33295. The written findings shall…
- § 33297 Any person subject to inspection fees provided for in Section 33291 may file with the secretary a written protest as to the reasonableness of any inspection…
- § 33298 The secretary shall establish plan review fees for sanitary design and construction review activities relating to milk product plants and frozen milk product…
ARTICLE 10. Inspection of Dairy Farms Producing Manufacturing Milk §§ 33321–33322 · 2 sections
ARTICLE 11. Violations § 33351 · 1 section
- § 33351 It is unlawful for any person to do any of the following: (a) Prevent, interfere with, or attempt to nullify in any way the work of any duly authorized…
CHAPTER 5. Dairy Farms §§ 33451–33581 · 33 sections
ARTICLE 1. General Provisions §§ 33451–33453 · 3 sections
- § 33451 A dairy farm which is insanitary, deficient, or unsatisfactory is subject to the action provided in this chapter.
- § 33452 (a) A dairy cow farm that was marketing market milk, including milk that meets the definition of restricted use market milk, on August 1, 2005, shall not…
- § 33453 This chapter does not prohibit the immediate restricted use or exclusion from the market or the immediate condemnation by the secretary or an approved milk…
ARTICLE 2. New Construction or Repairs §§ 33481–33487 · 7 sections
- § 33481 The secretary shall establish regulations for the construction of sanitary milk barns and milk houses which are used in the production of market milk.
- § 33482 The regulations, plans, and specifications may be varied to suit the climatic and other differences in the various sections of the state. If regulations,…
- § 33483 Minimum construction standards for new market milk dairy farms and extensive repairs to existing market milk dairy farms shall not be less than those which are…
- § 33484 Any dairy farm building heretofore or hereafter constructed in accordance with the regulations, plans, and specifications heretofore or hereafter adopted by…
- § 33485 No authority is conferred by this article upon the director or any approved milk inspection service to require the rebuilding of any existing dairy farm…
- § 33486 All existing structures which are used in the production of market milk shall be kept in repair in accordance with the sanitary requirements and standards…
- § 33487 No environmental impact report may be required by any state agency for any activity of a dairy farm, including adoption of waste discharge requirements…
ARTICLE 3. Dairy Farm Sanitation §§ 33511–33530 · 20 sections
- § 33511 If any provision of this article is violated by any dairy farm, the dairy farm is insanitary, deficient, and unsatisfactory.
- § 33512 An open cesspool, pigpen, stagnant water, accumulation of manure or other filth shall not be permitted within 100 feet of the milk house or room, or within 50…
- § 33513 Human excreta or other human wastes shall be properly disposed of by the use of flush toilets and septic tanks, approved pits, or chemical toilets. Such…
- § 33514 The buildings, yards, or enclosures shall not be filthy or insanitary, nor shall any part of such yards or enclosures, except pastures, be made the…
- § 33515 The water supply for the milk house or room and dairy barn shall be properly located, constructed, and operated, easily accessible, adequate, protected against…
- § 33516 The water supply for drinking by livestock shall not be stagnant, polluted with manure, urine drainage, decaying vegetable or animal matter, or pathogenic…
- § 33517 No person who is connected with or employed on a dairy farm and liable to come in contact with the milk or cream of the dairy farm or the dairy farm operations…
- § 33518 A suitable milkhouse or room, which is properly screened to exclude flies or insects shall be provided and maintained for the separating, cooling, mixing,…
- § 33519 The pails, cans, bottles, or other containers for milk or its products, or the strainers, coolers or other utensils, appliances, apparatus, or equipment which…
- § 33520 Multiuse containers, equipment and utensils used in the handling, storage and transportation of milk shall be made of smooth, nonabsorbent,…
- § 33521 The containers, appliances, or equipment, after sterilization, shall be adequately dried and protected from flies, dust, and other contamination.
- § 33522 No container, utensil, appliance, or equipment shall be used for any purpose except the handling of milk or products of milk.
- § 33523 The udders, flanks, hind legs, and tails of cows or goats shall be reasonably clean during milking.
- § 33524 The milk or cream shall be protected from contamination by dust and flies.
- § 33525 The person or wearing apparel of the dairyman, his employees, or other persons who handle the milk or its products and containers or equipment of the milk or…
- § 33526 The hands of milkers shall be clean and dry during the entire period of milking.
- § 33527 The milk or cream shall be cooled as provided in Section 35783 and so maintained until delivery to a milk products plant.
- § 33528 The interior of the milking barn or milk house or room shall be kept clean and free from accumulated dust and cobwebs.
- § 33529 The walls of the milking barn shall not become soiled with manure, urine, or other filth.
- § 33530 The feed shall not be spoiled or otherwise unfit for feeding cows or goats and the production of milk.
ARTICLE 4. Violations §§ 33551–33552 · 2 sections
- § 33551 For any violation of this chapter a dairy farm with a market milk (grade A) permit shall be placed on restricted use or the milk or cream from it shall be…
- § 33552 No notice for a subsequent violation of any provision of this chapter, for which a notice, as herein provided, has been issued is required if such subsequent…
ARTICLE 5. Reinstatement § 33581 · 1 section
- § 33581 An application for reinstatement of a dairy farm which has been placed on restricted use or the milk of which has been excluded from the market, pursuant to…
CHAPTER 6. Milk Products Plants §§ 33701–33782 · 34 sections
ARTICLE 1. General Provisions §§ 33701–33705 · 7 sections
- § 33701 It is unlawful for any person to operate a milk products plant unless such plant scores a minimum of 80 percent on the official scorecard for milk products…
- § 33702 The provisions of Sections 33701, 33762, 33763, 33764, and 33765 do not apply to any milk products plant, its utensils, apparatus, and equipment which are used…
- § 33703 Notwithstanding any provision of Section 33522, 33764, or 33765, containers, utensils, appliances, and equipment used for handling or bottling milk or milk…
- § 33704 (a) (1) Sections 33701, 33731, 33732, 33733, 33734, 33767, 33768, 33770, 33771, 33776, and 34593 do not apply to the manuf
- § 33704.7 “Frozen dairy dessert” is the food prepared by freezing while stirring a pasteurized mix containing milk or ingredients, derived from milk, or both, and which…
- § 33704.8 Frozen desserts, not subject to a standard of identity prescribed by Title 21 of the Code of Federal Regulations, may be manufactured or sold, or both, if they…
- § 33705 Notwithstanding any other provisions of this division, any wholesome agricultural food product which does not affect the flavor or quality of milk products may…
ARTICLE 2. New Construction and Repairs §§ 33731–33734 · 4 sections
- § 33731 No new milk products plant shall be constructed nor shall extensive repairs be made to any existing milk products plant unless plans or specifications which…
- § 33732 Except as otherwise provided in Section 33733, minimum construction standards for new milk products plants shall include a separate room for each of the…
- § 33733 A separate room is required for conducting each of the operations which is listed in Section 33732, except that, if any of the functions which are specified in…
- § 33734 Whenever and wherever the functions which are specified in Section 33732 are performed, such performance shall be with equipment which is determined by the…
ARTICLE 3. Milk Products Plant Sanitation §§ 33761–33782 · 23 sections
- § 33761 If any provision of this article is violated by any milk products plant, the milk products plant is insanitary.
- § 33762 Milk or cream, or any product of milk or cream, shall not be received, by a milk products plant if such milk or cream, or product of milk or cream, comes…
- § 33763 The utensils and apparatus that come in contact with milk or its products shall be thoroughly washed and afterwards sterilized each time they are used by…
- § 33764 The cans or other containers in which the milk or milk products are received, transported, or delivered shall be thoroughly washed, sterilized, and dried after…
- § 33765 No container, utensil, apparatus, or equipment, except as otherwise provided, shall be used for any purpose other than that of handling milk and the products…
- § 33766 The inside surfaces of any equipment, apparatus, or container, which comes in contact with milk or its products, shall be smooth and readily cleanable and free…
- § 33766.5 Recirculated cold water which is used in coolers and exchangers shall be obtained from a safe source and protected from contamination. Any freezing point…
- § 33767 The floor shall be constructed of concrete or other impervious material which is acceptable to the director. It shall be so constructed as to be watertight and…
- § 33768 Floor drains shall be provided which are properly trapped to exclude odors and connected to a sewer line that will convey refuse milk, water, and sewage away…
- § 33769 No milk, its products, or any filth shall be allowed to accumulate, ferment, or decay upon the floor or walls.
- § 33770 No species of animal life other than man shall be permitted in any building which is used in connection with any milk products plant.
- § 33771 No building which is used in connection with any milk products plant shall be used for any purpose except the handling of milk and milk products, equipment,…
- § 33772 The water supply shall be properly located and constructed so as to be easily accessible, adequately operated, and protected against contamination. The…
- § 33773 A cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall not be so located as to become a nuisance or to…
- § 33774 All openings into any milk products plant shall be effectively protected against flies and insects and doors shall be self-closing.
- § 33775 There shall be sufficient light in each room equivalent to not less than one 50-watt electric light per 100 square feet of floor area, reasonably and…
- § 33776 Tight, sound, and cleanable walls and ceilings shall be provided. The walls shall be constructed of nonabsorbent material, acceptable to the director,…
- § 33777 A suitable toilet, with self-closing door, and lavatory facilities, soap, and clean towels shall be provided for employees. A toilet shall not communicate…
- § 33778 The bodies or wearing apparel of persons who are employed or come in contact with any milk or its products shall be kept clean and shall be washed from time to…
- § 33779 (a) No person who is connected with, or employed in, a milk products plant and liable to come in contact with milk or milk products or the milk products plant…
- § 33780 No equipment or apparatus shall be installed or maintained in such manner so as to prevent thorough and adequate cleaning of walls and floors.
- § 33781 A room in which cheese and cheese products are cut, wrapped, and packaged into individual consumer packages shall be maintained in accordance with the sanitary…
- § 33782 All of the provisions of this chapter apply to any building or structure in which any product resembling a milk product is manufactured, processed, or…
CHAPTER 8. Pasteurization §§ 34001–34091 · 17 sections
ARTICLE 1. Standards §§ 34001–34008 · 9 sections
- § 34001 Pasteurization of milk or a milk product is a process which consists of one of the following: (a) Uniformly heating milk or a milk product to a temperature of…
- § 34001.5 When the term “ultra-pasteurized” is used to describe any milk or milk product, it means that such milk or milk product has been thermally processed, either…
- § 34002 If the process of ripening or starting is to be commenced immediately, each of the following shall be cooled to a degree no lower than necessary for such…
- § 34003 In the process of producing cream from market milk which is to be used as market cream or for the standardization of market milk, such cream may be heated to a…
- § 34004 Pasteurized skim milk, which is derived from market milk and which is used for standardizing pasteurized market milk, may be repasteurized once.
- § 34005 Market cream which has not been packaged for distribution to consumers may be repasteurized once.
- § 34006 Every person that operates any place where milk is received and byproducts are distributed shall pasteurize any skim milk, whey, or other milk byproduct which…
- § 34007 (a) Every person that uses any pasteurizing apparatus for the manufacture of soft fresh cheese varieties that are not cultured shall sample and test the…
- § 34008 (a) All market milk and market milk products, and all milk for manufacturing purposes and manufactured milk products, shall be pasteurized at the plant where…
ARTICLE 2. Sanitation §§ 34031–34032 · 2 sections
ARTICLE 3. Thermometers and Temperature Records §§ 34061–34065 · 5 sections
- § 34061 Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall be equipped with a recording thermometer device to accurately record…
- § 34062 Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall also be equipped with an indicating thermometer.
- § 34063 Any recording thermometer device and any indicating thermometer which is used in pasteurization shall be of a type which is approved by, and its use is at all…
- § 34064 Every person that uses any pasteurizing apparatus within the state shall date, preserve, and keep on file for not less than one year after they are made, all…
- § 34065 Every person who uses any pasteurizing apparatus within the state shall compile and keep on file for not less than one year records relating to pasteurization…
ARTICLE 4. Misrepresentation § 34091 · 1 section
- § 34091 It is unlawful for any person to sell any milk or product of milk as and for pasteurized milk or a product of pasteurized milk, or to use the word…
CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk §§ 34201–34353 · 19 sections
ARTICLE 1. General Provisions §§ 34201–34202 · 2 sections
- § 34201 A person shall not do any of the following: (a) Fraudulently manipulate the measure, weight, or test which is used for determining the grade or quality of…
- § 34202 No tolerance in weights, measures, percentages of milk fat, moisture, or any other measure or standard is permitted, except where specific provisions are made…
ARTICLE 2. Basis for Payment §§ 34231–34233 · 3 sections
- § 34231 (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of weight or measure and percentage of the milk fat or the…
- § 34232 If the director finds, after investigation by him, that facilities are not available for weighing and testing, upon request of the parties he may issue a…
- § 34233 This article does not prohibit weighing and sampling on a route, or the use of composite samples of milk, except as otherwise provided in Section 34231, or the…
ARTICLE 3. Milk Tests §§ 34261–34265 · 6 sections
- § 34261 A permanent record in duplicate of every test of milk, cream, or any fluid derivative of milk or cream which is purchased, received, or sold on the basis of…
- § 34261.5 The director shall, by regulation, adopt methods and procedures for the testing, weighing, and measuring of milk components and for the recording and reporting…
- § 34262 Each test shall be legibly recorded with indelible pencil or ink in such a manner as to correctly identify the test obtained upon the milk, cream, or fluid…
- § 34263 Each sheet or page shall be authenticated by the signature of the licensed tester. A duplicate record shall be deposited by the licensed tester immediately…
- § 34264 The original record of each test shall be immediately delivered to the purchaser, receiver, or seller of the milk, cream, or fluid derivative of milk or cream,…
- § 34265 The licensed tester shall retain an unmodified sample of any milk, cream, or fluid derivative of milk or cream which is tested by him for a period of time…
ARTICLE 4. Testing, Weighing, Sampling, and Loading §§ 34301–34304 · 5 sections
- § 34301 (a) The secretary shall supervise the weighing, measuring, sampling, bacteriological testing, and sanitary loading and unloading of bulk milk delivered to…
- § 34301.5 For purposes of this article, the following definitions apply: (a) “Handler” means a person who, as owner, agent, broker, or intermediary, receives, purchases,…
- § 34302 (a) A handler, including a producer-handler, shall deduct an assessment from payments made to producers for milk, including the handler’s own production, of a…
- § 34303 The director shall annually fix the fees in Section 34302 in an amount not to exceed the actual directly related costs for the supervision and checking…
- § 34304 Any assessment or fee payable pursuant to this article is a debt of the person by whom the assessment or fee is payable and is due and payable to the director…
ARTICLE 6. Fees §§ 34351–34353 · 3 sections
- § 34351 Fees shall be paid by the owner to the department for glassware which is examined for compliance with the prescribed standards. The director shall establish…
- § 34352 Except as provided in Section 34351, the department shall charge fees for examining glassware and apparatus which is used in methods of testing which are…
- § 34353 Any money which is received under this article shall be paid into the Department of Food and Agriculture Fund.
CHAPTER 10. Containers §§ 34501–34681 · 38 sections
ARTICLE 1. Definitions and General Provisions §§ 34501–34505 · 5 sections
- § 34501 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 34502 “Association” includes nonstock corporations.
- § 34503 “Single service container” means a container which is used only once and is not refilled.
- § 34504 “Milk case” means a rigid, reusable container for packing and transporting or delivering cartons, bottles, jugs, or any other form of packaged milk or milk…
- § 34505 This chapter applies to all brands which have been registered with the department.
ARTICLE 2. Brand Registration §§ 34531–34537 · 7 sections
- § 34531 Any person or association located in California that is engaged in receiving, producing, manufacturing, packing, canning, bottling, handling, or selling milk…
- § 34532 There shall be included as a part of each brand the words, “Registered in California” or the abbreviation “Reg. Cal.”
- § 34533 The applicant shall also cause such description to be printed once a week for three successive weeks in a newspaper of general circulation which is published…
- § 34534 The department may refuse to register a brand if it appears that the same or a similar brand has been previously registered by another person or association…
- § 34535 If it appears that two or more applicants have applied for the registration of the same or similar brands, the director may, after hearing, determine the right…
- § 34536 Any certificate of registration which is granted expires on the 30th day of June of the fourth year after it was granted and may be renewed for four years by…
- § 34537 If renewal of any certificate is not made within 60 days after the expiration of the certificate, such certificate becomes null and void.
ARTICLE 3. Branded Containers §§ 34561–34568 · 6 sections
- § 34561 Except as otherwise provided in this article, every person that finds or receives any container, cabinet, or other dairy equipment which is marked with a brand…
- § 34562 Any person that acquires any container, cabinet, or other dairy equipment which is marked with a brand that is registered pursuant to this chapter, by purchase…
- § 34563 Any person that purchases any container, cabinet, or other dairy equipment which is marked with a brand registered pursuant to this chapter shall submit to the…
- § 34564 An “unauthorized person” with respect to possession of containers (including milk cases), cabinets, or other dairy equipment marked with a brand that is…
- § 34565 If the owner of any container, cabinet, or other dairy equipment which is marked or branded, or any other person that is lawfully entitled to use the…
- § 34568 Any distributor in possession of a milk case having another distributor’s registration shall notify the registered owner, and make the case available to the…
ARTICLE 4. Containers for Particular Products §§ 34591–34596 · 6 sections
- § 34591 Except as otherwise provided in this article, it is unlawful for any person to sell or otherwise dispose of any market milk, skim milk, flavored milk, flavored…
- § 34592 Market milk which is served by any school, hospital, hotel, boardinghouse, restaurant, soda fountain, lunch counter, or other places where food or drink is…
- § 34593 Market milk or the fluid derivative of market milk which is used in the preparation of milk shakes or other mixed milk drinks shall be dispensed or poured from…
- § 34594 Homogenized market milk may be sold and served from and by the use of a milk-dispensing device which has been approved for such use by the director. Any such…
- § 34595 Homogenized market milk, which is served from a milk-dispensing device that has been approved for that use by the director, shall be dispensed directly from…
- § 34596 The gift, sale, loan, or furnishing in any manner of any milk-dispensing device is subject to Article 4 (commencing with Section 61371) of Chapter 1 of, and…
ARTICLE 5. Sanitation §§ 34621–34628 · 8 sections
- § 34621 Every restaurant, school, hospital, soda fountain, or other place where food or drink is served to the public, which sells milk, cream, ice cream, ice milk,…
- § 34622 Every container of milk, cream, or any product of milk or cream which is delivered to the consumer by any retailer or distributor and which is to be returned…
- § 34623 Every container, except a single service container, of any kind in which milk or any product of milk is kept, stored, transported, or delivered, shall be…
- § 34624 Any container, including any ice cream cabinet, which is commonly used or intended for the reception, storage, or delivery of milk, cream, or any product of…
- § 34625 Any empty container which is delivered to any producer, manufacturer, retailer, or distributor for the reception of milk or any product of milk shall be kept…
- § 34626 Every receptacle, except a single service container, which is used to contain market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal…
- § 34627 A single service container shall be made of sanitary material, in a sanitary manner, and shall be kept in a sanitary condition free from contamination until it…
- § 34628 Market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to the retail trade shall not be transferred from one receptacle to another…
ARTICLE 6. Violations §§ 34651–34655 · 5 sections
- § 34651 It is unlawful for any person to use the words “Registered in California” or the abbreviation “Reg. Cal.” on any container, cabinet, or other equipment unless…
- § 34652 It is unlawful for any person without the written consent which is provided for in Section 34562, except the registrant of the brand and the members of any…
- § 34653 It is unlawful for any person to do any of the following: (a) Erase, obliterate, cover up, or conceal any brand without first notifying the director and…
- § 34654 It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting milk, cream, and containers of milk and cream…
- § 34655 A consignee shall not accept or receive any empty container, cabinet, or other equipment which he is not authorized to use. Nothing herein shall be construed…
ARTICLE 7. Condemnation § 34681 · 1 section
- § 34681 Any container which is found to have been used in violation of the requirements of this code shall be condemned and marked with the word “condemned” in any…
CHAPTER 11. Transportation §§ 34801–34806 · 6 sections
- § 34801 Every carrier of milk, cream, or any product of milk, whether a producer, gratuitous private carrier, private carrier for hire, or common carrier, shall…
- § 34802 Every conveyance, while transporting milk or cream or any clean empty container which is intended for milk or cream, and any shipping platform or premises…
- § 34803 Milk, cream, or any product of milk or cream shall not be transported in connection with, or close to, any other commodity from which it may absorb any foreign…
- § 34804 Every milk or cream can or other shipping container for any product of milk shall be handled carefully and, while it contains milk, cream, or other product of…
- § 34805 Nothing herein shall be construed to derogate from any powers or authority of the Public Utilities Commission of the state.
- § 34806 A carrier of milk, cream, or any product of milk, whether a gratuitous private carrier, private carrier for hire, or common carrier, shall not receive or…
CHAPTER 12. Licenses, Records, and Reports §§ 34951–35252 · 49 sections
ARTICLE 1. Definitions §§ 34951–34952 · 2 sections
ARTICLE 2. General Provisions § 34981 · 1 section
- § 34981 Every license which is issued pursuant to this chapter, while in force, shall be kept conspicuously displayed in the place of business of the party to whom it…
ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business §§ 35011–35019 · 9 sections
- § 35011 A person shall not engage in any of the following businesses unless he has obtained a license from the director for each separate milk products plant or place…
- § 35012 An application for a milk products plant license shall be made on a form which is prescribed by the director. It shall state all of the following: (a) The name…
- § 35013 Each application shall be accompanied by a fee in an amount which is established for the particular license by Section 35221.
- § 35014 Upon receipt of an application for a milk products plant license, the director shall investigate the equipment and the sanitary condition of the milk products…
- § 35015 If the condition of the milk products plant is found to be satisfactory, a milk products plant license shall be issued by the director to the applicant.
- § 35016 (a) Except as provided in subdivision (b), any hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures a…
- § 35017 This article does not apply to any of the following: (a) Any private home that is manufacturing for its own use. (b) Any retailer that is dealing in finished…
- § 35018 Every milk products plant license expires at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year…
- § 35019 Any license may be renewed each successive year, if the plant for which a previous license was issued and the business of such plant has been conducted in…
ARTICLE 4. Diabetic and Dietetic Frozen Milk Products Licenses §§ 35041–35042 · 2 sections
- § 35041 A person shall not engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix unless, in addition to a milk products license,…
- § 35042 Each application for a license to engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix shall be accompanied by a…
ARTICLE 5. Modified Milk, Modified UHT Milk, and Modified UHT Cream Licenses §§ 35071–35072 · 2 sections
- § 35071 A person shall not engage in the business of manufacturing, preparing, or processing modified UHT milk, modified UHT cream or modified milk unless, in addition…
- § 35072 Upon receipt of an application for a modified milk license, modified UHT milk license, or modified UHT cream license, the director shall investigate the…
ARTICLE 6. Oleomargarine and Imitation Ice Cream Licenses §§ 35101–35103 · 3 sections
- § 35101 It is unlawful for any person, unless he has a license to do so, to engage in the business of manufacturing, freezing, or processing any of the following: (a)…
- § 35102 A person shall first apply each year to the director for a license to engage in any business or occupation for which a license is required by Section 35101.…
- § 35103 Every license which is issued pursuant to Section 35102 expires on June 30th of each year, and may be issued in periods of one year.
ARTICLE 7. Butter Permits and Licenses §§ 35131–35137 · 7 sections
- § 35131 A person shall not engage in the business of cutting and wrapping butter unless such person, in addition to the milk products plant license, has a butter…
- § 35132 Every person that distributes butter which is received in packaged form direct from out-of-state points shall obtain a butter distributor’s permit from the…
- § 35133 Every butter cutting and wrapping permit and butter distributor’s permit expires at the end of each calendar year. A permit may be renewed each successive…
- § 35134 Every person who is in charge of cutting, wrapping, packaging, or distributing butter, or any supervisor of any such person who is responsible for the grading…
- § 35135 Application for such license shall be made to the director who shall examine each applicant as to his qualifications and knowledge of butter grades and of the…
- § 35136 Every butter grader’s license expires on the 31st day of December. It may be renewed by payment of the renewal fee for a butter grader’s license.
- § 35137 The licensing provisions of this article also apply to butter which is received in package form from out-of-state points.
ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers §§ 35161–35171 · 10 sections
- § 35161 Every person who tests milk, cream, or any fluid derivative of milk or cream, which is purchased, received, or sold on the basis of milk fat which is contained…
- § 35162 Methods or processes of testing shall be approved by the director. A separate license is required for each of the methods or processes of testing.
- § 35163 Every person, except a licensed tester, who takes any sample of milk, cream, or any fluid derivative of milk or cream, which is purchased, received, or sold on…
- § 35164 If one person does both sampling and weighing or measuring, only one license is required.
- § 35166 Any person who takes any sample of milk, cream, or any fluid derivative of milk or cream for testing shall hold the sample in an unchanged condition until it…
- § 35167 Every person who makes any bacteriological determination of milk or cream which is to be used as a basis of payment or determining value shall hold a…
- § 35168 Every person who operates any equipment wherein milk or any product of milk is pasteurized shall hold a pasteurizer’s license. The pasteurizer’s licenses shall…
- § 35169 Every person who tests any milk or cream purchased, received, or sold on the basis of the nonfat milk solids contained in it shall hold a nonfat milk solids…
- § 35170 An application for a tester's, sampler’s and weigher's, technician's, pasteurizer's, or nonfat milk solids tester’s license shall be made to the director. The…
- § 35171 Every license that is issued pursuant to Article 7 (commencing with Section 35131) and this article expires two years from the date of issue. License renewal…
ARTICLE 9. Reports and Records §§ 35191–35196 · 4 sections
- § 35191 Every person that manufactures or imports any oleomargarine or margarine, or any substance designed as a substitute for butter, or that resembles butter, which…
- § 35193 All records which are required to be kept by Sections 35191 and 35192 shall, at all times during business hours, be open to the inspection of the director, any…
- § 35195 Every manufacturer of oleomargarine shall submit to the director at the end of each month a report of the amount of oleomargarine which such person sold or…
- § 35196 Every person that holds a butter cutting and wrapping permit or a butter distributor’s permit shall, on or before the fifth day of those months in which a fee…
ARTICLE 10. Fees §§ 35221–35231 · 7 sections
- § 35221 (a) Every person that is engaged in the business of dealing in, receiving, manufacturing, freezing, or processing ice cream, ice milk, sherbet, or any similar…
- § 35225 The special fee for a modified milk license, modified UHT milk license, or modified UHT cream license is one hundred dollars ($100).
- § 35226 The fee for issuing the license required by Section 35101 for any manufacturer or processor within this state is one hundred dollars ($100) annually.
- § 35227 Every permittee that is engaging in the business of cutting and wrapping butter shall pay a fee of one dollar ($1), plus twenty cents ($0.20) for each 1,000…
- § 35228 Every person that has a permit to engage in the business of distributing butter shall pay a fee of one dollar ($1), plus twenty cents ($0.20) for each 1,000…
- § 35229 The fees which are required by Sections 35227 and 35228 do not apply to United States government owned butter which is cut and wrapped in this state or to…
- § 35231 The initial and renewal fees for a tester’s, sampler’s and weigher’s, technician’s, pasteurizer’s, and butter grader’s license are as follows: (a) For a…
ARTICLE 11. Disposition of Funds §§ 35251–35252 · 2 sections
- § 35251 The director, at least once each month, shall report to the Controller the total amount of any money which is collected under Section 35221. He or she shall,…
- § 35252 The director shall, at least once each month, report to the State Controller the total amount of any money which is collected for fees under Sections 35227 and…
CHAPTER 13. Penalties §§ 35281–35312 · 5 sections
ARTICLE 1. Criminal Penalties §§ 35281–35283 · 3 sections
- § 35281 Any violation of any provision of this division, or the regulations for its enforcement, is a misdemeanor. Unless a different penalty is specifically…
- § 35282 Offering physical resistance or bodily attack on authorized representatives of the department or of an approved milk inspection service, who are engaged in the…
- § 35283 Notwithstanding Sections 35281 and 35282, any person who intentionally commits any of the following acts is guilty of a felony and, upon conviction, shall be…
ARTICLE 2. Civil Penalties §§ 35311–35312 · 2 sections
- § 35311 Except as otherwise provided in this section, a penalty of 25 percent or five dollars ($5), whichever is greater, shall be added to any portion of the fee for…
- § 35312 To the amount of any fee, except a license fee, which is required by this division, that is not paid by the last day of the month following that in which due,…