BlackletterCalifornia law

PART 2. MILK AND CREAM [35601. - 36331.]

Part 2 enacted by Stats. 1967, Ch. 15.

§§ 35601–36331 · 70 sections

  1. CHAPTER 1. General Provisions §§ 35601–35631 · 4 sections
    1. ARTICLE 1. Milk §§ 35601–35603 · 3 sections
      • § 35601 Milk shall be produced from nonreacting tuberculin and brucellosis tested cows or goats and shall conform to the regulations adopted by the director.
      • § 35602 Milk shall be obtained by the complete milking of healthy cows or goats which are properly fed and kept. Milk shall not be obtained or used for human…
      • § 35603 Milk which has been produced or handled in an insanitary dairy farm or milk products plant or other insanitary place or which has been handled in an insanitary…
    2. ARTICLE 2. Cream § 35631 · 1 section
      • § 35631 Cream shall be fresh and clean. It shall contain not less than 18 percent of milk fat.
  2. CHAPTER 2. Market Milk and Cream §§ 35751–36123 · 60 sections
    1. ARTICLE 1. General Provisions §§ 35751–35757 · 7 sections
      • § 35751 This division does not prohibit the addition of vitamins and minerals to market milk or the sale of market milk to which any vitamins and minerals have been…
      • § 35752 This division does not prohibit the freezing and holding in cold storage of market cream or concentrated market cream, its subsequent standardization with…
      • § 35753 This division does not prohibit the freezing and holding in cold storage of market goat milk and its subsequent sale as market milk if at the time of sale it…
      • § 35754 This division does not prohibit the sterilization of market goat milk by subjecting it to a temperature which is high enough to sterilize it, holding it in…
      • § 35755 It is unlawful for any person to sell any market milk other than graded milk as provided in this division in any city or county or any combination of cities…
      • § 35756 This division, and the regulations of the director are not a limitation on the power of a municipality or county, by ordinance or regulation, to establish…
      • § 35757 The secretary, in compliance with Section 407 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government…
    2. ARTICLE 2. Market Milk Standards and Grades §§ 35781–35788 · 12 sections
      • § 35781 (a) Except as otherwise provided in this article, market milk shall not contain any of the following: (1) More than 15,000 bacteria per milliliter or more than…
      • § 35781.5 A milk producer delivering in cans on delivery to a plant receiving both graded market milk and ungraded market milk or manufacturing milk shall label each can…
      • § 35782 Market milk shall be cooled to 45 degrees Fahrenheit or below, whether it is raw or pasteurized, and, except as otherwise provided in Section 35783, shall be…
      • § 35783 Market milk shall be cooled as indicated by a recording thermometer to 50 degrees Fahrenheit (10 degrees Celsius) or less within four hours of the commencement…
      • § 35783.1 A recording thermometer shall be installed in each dairy farm milk storage tank used to cool or store market milk during the milking process. If a farm pickup…
      • § 35784 Market milk, except as provided in Section 35784.2, at the time of delivery to the consumer, shall contain not less than 3.5 percent of milk fat and not less…
      • § 35784.1 Market milk produced and marketed pursuant to Article 7 (commencing with Section 35921) of this chapter and Sections 35861 and 35891 shall contain not less…
      • § 35784.2 (a) (1) Notwithstanding any other law, 6 percent milk is a standard of identity and shall contain not less than 6 percent of milk fat and not less than 8.7…
      • § 35785 Market milk which is produced for sale under the supervision of an approved milk inspection service, or a milk inspection service which is established and…
      • § 35786 Market goat milk may be standardized to a milk fat content of not less than 2.8 percent. Market goat milk at the time of delivery to the consumer shall contain…
      • § 35787 Where a milk inspection service has been approved or established pursuant to this code, market milk shall be graded and designated into one of the following…
      • § 35788 It is unlawful for any person to sell any milk as, or under the representation of, guaranteed or grade A milk, except under the supervision of a milk…
    3. ARTICLE 3. Market Cream Standards § 35811 · 1 section
      • § 35811 Market cream shall conform to all of the standards which are set for market milk of the same grade except those which relate to milk fat and solids-not-fat,…
    4. ARTICLE 4. Pasteurized and Raw Market Milk §§ 35831–35834 · 4 sections
      • § 35831 Pasteurized market milk shall be cooled to a temperature of 50 degrees Fahrenheit or below immediately after pasteurization and shall be so maintained until it…
      • § 35832 (a) Repasteurized milk may only be reprocessed and sold as a “Grade A” product under the following conditions and restrictions: (1) Milk and milk products…
      • § 35833 All pasteurized market milk and market milk products shall be bottled or canned only in the plant where pasteurized, except as otherwise provided in this…
      • § 35834 Raw market milk and pasteurized market milk shall not be bottled in the same milk products plant for sale and distribution within a city or county which…
    5. ARTICLE 5. Guaranteed Market Milk §§ 35861–35863 · 3 sections
      • § 35861 Guaranteed raw milk is market milk which conforms to all of the following minimum requirements: (a) The health of the cows and goats shall be determined at…
      • § 35862 All persons who come in contact with guaranteed raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or in a…
      • § 35863 Guaranteed pasteurized milk shall conform to all the requirements for guaranteed raw milk, except that it shall contain not more than 3,000 bacteria per…
    6. ARTICLE 6. Grade A Market Milk §§ 35891–35893 · 3 sections
      • § 35891 Grade A raw milk is market milk which conforms to all the following minimum requirements: (a) The health of the cows and goats shall be determined at least…
      • § 35892 All persons who come in contact with grade A raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or be in a…
      • § 35893 Milk for grade A pasteurized milk is market milk that conforms to all the following minimum requirements: (a) The health of the cows or goats shall be…
    7. ARTICLE 7. Certified Milk §§ 35921–35928 · 9 sections
      • § 35921 Certified milk is market milk which conforms to the rules, regulations, methods, and standards for the production and distribution of certified milk adopted by…
      • § 35922 Certified milk shall bear the certification of a milk commission which shall be appointed as provided by this article by the board of supervisors in any county…
      • § 35923 A county milk commission shall consist of six members who reside in the county where the commission is located and who shall be appointed by the board of…
      • § 35924 A county milk commission shall adopt rules, regulations, and standards governing the production, distribution, and sale of certified milk, including…
      • § 35924.5 A county milk commission shall give reasonable notice to the public of its meetings, and shall hold its public hearings in public buildings. Members of the…
      • § 35925 A county milk commission shall certify milk, including unpasteurized milk, for any applicant for certification whose milk complies with the rules, regulations,…
      • § 35926 A county milk commission may establish such fees, and expend funds derived therefrom, as are reasonably necessary to defray the costs of certifying milk.
      • § 35927 A county milk commission may conduct any tests that it finds are reasonably necessary to carry out the purposes of this article and may employ personnel to…
      • § 35928 (a) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the director having…
    8. ARTICLE 8. Homogenized Market Milk and Cream §§ 35941–35945 · 4 sections
      • § 35941 Homogenized market milk is market milk which has been subjected to a process or treatment in such manner as to insure the breakup of the fat globules to such…
      • § 35943 Homogenized market cream is market cream which has been subjected to a process or treatment in such manner as to insure breakage of the fat globules to such an…
      • § 35944 Homogenized market milk or homogenized market cream shall not be mixed with market milk or market cream which has not been homogenized.
      • § 35945 Homogenized milk and homogenized cream shall be so labeled.
    9. ARTICLE 9. Half-and-Half § 35971 · 1 section
      • § 35971 Half-and-half is a food that complies with Section 131.180 of Title 21 of the Code of Federal Regulations. Half-and-half shall contain not more than 20,000…
    10. ARTICLE 9.5. Ultra-Filtered Milk Products § 35975 · 1 section
      • § 35975 (a) For purposes of this article, “ultra-filtered milk products” are market milk products resulting from the filtration of milk to alter the relative…
    11. ARTICLE 10. Labeling and Advertising §§ 36001–36005 · 4 sections
      • § 36001 The following information shall at all times appear plainly and in a conspicuous place on, or be securely attached to, every cap, bottle, can, or other…
      • § 36002 All labels which are required by Section 36001 shall be in capital letters of a size and boldness as to be legible by the purchaser or consumer. If the…
      • § 36004 (a) At the time of sale to the consumer by a retail store of any product designated in this section, there shall appear on the package or container of the…
      • § 36005 If a product is made from goat milk, either the phrase “goat milk” or “made from goat milk” shall immediately precede or follow the name of the product…
    12. ARTICLE 11. Bottle Caps and Labels §§ 36031–36033 · 3 sections
      • § 36031 It is unlawful for any person that sells or handles market milk, except the original bottler of the market milk, to have in his possession, or under his…
      • § 36032 It is unlawful for any person that sells or handles market milk to remove any cap or label from any milk container and attach such cap or label to another milk…
      • § 36033 It is unlawful for any person to sell or use any milk bottle caps which are not packed by the manufacturer in single column in unopened, dustproof tubular…
    13. ARTICLE 12. Misrepresentation §§ 36061–36065 · 5 sections
      • § 36061 No false, misleading, or deceptive name, picture, symbol, mark, word, or other representation shall appear on any milk bottle, bottle cap, can, or other…
      • § 36062 A label or advertisement of market milk is false, misleading, or deceptive if in any particular it is untrue, or by ambiguity or inference creates a misleading…
      • § 36063 It is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or cream which does not meet the requirements and…
      • § 36064 Except as otherwise provided in this division, it is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or…
      • § 36065 It is unlawful for any person to serve to any customer for consumption on the premises milk or cream which is combined with any other substance or compound and…
    14. ARTICLE 13. Restricted Use and Exclusion Based Upon Dairy Score §§ 36091–36092 · 2 sections
      • § 36091 Milk that is delivered by the producer of the milk, to be sold as any grade of market milk, shall not be restricted in use or excluded from the market if a…
      • § 36092 If, during the 60 hours following the rescoring of a dairy farm, a protest is filed with the head of the milk inspection service under whose jurisdiction the…
    15. ARTICLE 14. Restricted Use or Exclusion § 36123 · 1 section
      • § 36123 Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the…
  3. CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream §§ 36301–36331 · 6 sections
    1. ARTICLE 1. General Provisions §§ 36301–36306 · 5 sections
      • § 36301 Restricted use market milk, manufacturing milk, or manufacturing cream shall be sold only for manufacturing purposes and to be converted into some other form…
      • § 36302 Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold for human consumption in a fluid state.
      • § 36303 Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold in quantities of less than three gallons or in containers of less than…
      • § 36304 The provisions of Sections 36301, 36302, and 36303 do not apply to milk or cream which is sold by a producer to a milk products plant.
      • § 36306 Manufacturing milk or manufacturing cream may be repasteurized once.
    2. ARTICLE 2. Manufacturing Milk Standards § 36331 · 1 section
      • § 36331 Manufacturing milk shall comply with all of the following requirements: (a) It shall be free from foreign substances. (b) It shall not contain any undesirable…