BlackletterCalifornia law

PART 3. MANUFACTURED PRODUCTS [36601. - 39912.]

Part 3 enacted by Stats. 1967, Ch. 15.

§§ 36601–39912 · 287 sections

  1. CHAPTER 1. Generally §§ 36601–36675 · 22 sections
    1. ARTICLE 1. Quality Standards §§ 36601–36606 · 6 sections
      • § 36601 The director shall adopt, by regulation, quality standards that are necessary for any product which is defined in this division. These quality standards which…
      • § 36602 The director, in determining the quality of any product which is sold, but not produced and processed in this state, shall ascertain that such product will…
      • § 36603 Any standard which is established pursuant to this article shall expire on the 61st day after the final adjournment of the second regular session of the…
      • § 36604 No product for which standards are required to be established pursuant to Section 36601 is required to meet any quality standards which are in excess of those…
      • § 36605 Except as otherwise provided in Section 36604 and notwithstanding any other provisions of this part, no dairy products, as such products are defined in this…
      • § 36606 (a) Safe and suitable bacteria standards may be adopted by the director for use in specific dairy products except for varieties of hard and soft cheese. Any…
    2. ARTICLE 2. Temporary Standards §§ 36631–36638 · 8 sections
      • § 36631 (a) The Legislature intends that the director administer this article to accommodate, in a timely fashion, safe and wholesome milk products. (b) This article…
      • § 36632 (a) Upon the request of any interested person, the director may, following a properly noticed hearing, pursuant to subdivision (c) of Section 36634, grant a…
      • § 36633 (a) A hearing called pursuant to this article shall be for the following purposes: (1) Establishing if the product proposed for a temporary standard qualifies…
      • § 36634 The processing of a petition for a temporary standard shall conform to the following schedule: (a) Notice of the requested hearing or denial thereof shall be…
      • § 36635 An unsuccessful petitioner for a temporary standard may repetition not earlier than 60 days following written notification of the denial of the original…
      • § 36636 A temporary standard granted pursuant to this article may be renewed for a period of one year if the director determines that the renewal is necessary to…
      • § 36637 Upon granting a petition under this article, the director shall adopt the standard as an emergency regulation pursuant to Chapter 3.5 (commencing with Section…
      • § 36638 If the director fails to respond to a petition for a temporary standard within 65 days following receipt of the petition, the petitioner may thereafter utilize…
    3. ARTICLE 3. Combination Milk and Food Products §§ 36661–36662 · 2 sections
      • § 36661 In addition to the standards for milk and milk products which are adopted pursuant to this division, the director may adopt separate standards and labeling…
      • § 36662 Every definition, standard, and labeling requirement which is adopted pursuant to this article expires on the 91st day after the final adjournment of the next…
    4. ARTICLE 4. Sweeteners §§ 36670–36675 · 6 sections
      • § 36670 Notwithstanding any other provision of law, sweeteners approved by the United States Food and Drug Administration for use in milk products may be added to milk…
      • § 36671 Prior to the use of any sweetener in a dairy product, the sweetener must be approved by the United States Food and Drug Administration for use in that milk…
      • § 36672 Except as otherwise provided in this article, a milk product containing any sweetener shall be in conformance with all provisions of the applicable product…
      • § 36673 A milk product containing any sweetener not included in the product identity standard shall be labeled in accordance with Section 36674 and all federal…
      • § 36674 (a) The director shall approve the label and the name for any milk product containing any sweetener not included in the product identity standard. (b) The…
      • § 36675 The director shall, within 60 days after the effective date of this article, develop and distribute guidelines applicable to food handling establishments which…
  2. CHAPTER 2. Frozen Dairy Products §§ 36801–36992 · 18 sections
    1. ARTICLE 1. General Provisions §§ 36801–36809 · 9 sections
      • § 36801 Pasteurized cream that is sold or used for ice cream, frozen dairy dessert, frozen dessert, or sherbet manufacture shall be clean, sweet, and free from…
      • § 36802 Milk and any milk product that is used in the manufacture of ice cream, frozen dairy dessert, frozen dessert, or sherbet shall be pasteurized.
      • § 36803 Sweet butter that is used in ice cream, frozen dairy dessert, and frozen dessert shall be unsalted butter made from sweet cream that is free from undesirable…
      • § 36804 Every product which is defined in this chapter shall be advertised and labeled in accordance with regulations which are adopted by the director.
      • § 36805 (a) Ice cream, frozen dairy dessert, frozen dessert, sherbet, or quiescently frozen confections when sold in package form shall be labeled with the name,…
      • § 36806 Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, and frozen dessert mix are unfrozen products that are used in the manufacture of ice cream, frozen…
      • § 36807 The director, by regulations, may authorize the use of wholesome, edible dairy products, as permissible ingredients, in frozen dairy products, in addition to…
      • § 36808 Ice cream, frozen dairy dessert, frozen dessert, and sherbet may contain safe and suitable nonmilk-derived ingredients as specified in applicable provisions of…
      • § 36809 Federal nutritional labeling regulations apply to all frozen dairy products, except nutritional labeling provided for any frozen dairy product mix or any…
    2. ARTICLE 2. Ice Cream § 36861 · 1 section
      • § 36861 Ice cream is a food that complies with Section 135.110 of Title 21 of the Code of Federal Regulations. Ice cream shall contain not more than 75,000 bacteria…
    3. ARTICLE 5. Sherbet §§ 36951–36952 · 2 sections
      • § 36951 Sherbet is a food that complies with Section 135.140 of Title 21 of the Code of Federal Regulations. Sherbet shall contain not more than 75,000 bacteria per…
      • § 36952 Yogurt sherbet is a product that meets all the requirements and standards prescribed for sherbet, except as follows: (a) It shall have an acidity of not less…
    4. ARTICLE 6. Quiescently Frozen Confections §§ 36981–36984 · 4 sections
      • § 36981 Quiescently frozen confections means a clean and wholesome frozen, sweetened, flavored product in the manufacture of which freezing, which is not accompanied…
      • § 36982 Quiescently frozen confections may be sold under trade names which are not misleading or deceptive.
      • § 36983 A quiescently frozen confection shall be manufactured in a form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled, and…
      • § 36984 In the production of a quiescently frozen confection, no processing or mixing prior to the quiescent freezing shall be used that develops in the finished…
    5. ARTICLE 7. Frozen Yogurt §§ 36991–36992 · 2 sections
      • § 36991 Frozen yogurt is a frozen dairy product. It shall be made from milk, with or without added milk solids, flavoring, or seasoning, which has been pasteurized and…
      • § 36992 Frozen yogurt shall contain not less than 3.5 percent milkfat.
  3. CHAPTER 3. Butter §§ 37101–37292 · 22 sections
    1. ARTICLE 1. General Provisions §§ 37101–37104 · 4 sections
      • § 37101 As used in this chapter: (a) “Package” includes cartons, wrappers, or other containers which are used for the sale of butter to the retail trade. (b) When…
      • § 37102 All scoring of butter shall be in the manner which is specified in the regulations which are adopted by the director.
      • § 37103 Quality designations shall be affixed on the package in a manner and fashion which is prescribed in the regulations which are adopted by the director.
      • § 37104 Notwithstanding Section 26001 of the Business and Professions Code, butter purchased from a licensed milk products plant or retail location that is…
    2. ARTICLE 2. Butter Grades §§ 37131–37134 · 4 sections
      • § 37131 All butter which is sold or distributed in package form, including such butter which is received from out-of-state points, shall be classified into grades…
      • § 37132 First quality butter is butter which scores not less than 92. The minimum requirements for first quality butter are as follows: (a) It shall be fresh, sweet…
      • § 37133 Second quality butter is butter which scores below 92, but not less than 90. The minimum requirements for second quality butter are as follows: (a) It shall be…
      • § 37134 Butter which scores less than 90 shall not be sold or served to consumers. Such butter when sold shall be in bulk packages which contain not less than 30…
    3. ARTICLE 3. Butter Standards §§ 37161–37164 · 4 sections
      • § 37161 Butter is the product made by gathering the fat or fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents.
      • § 37162 Butter shall be clean and nonrancid and shall contain not less than 80 percent of milk fat.
      • § 37163 Butter may contain salt or a harmless coloring matter.
      • § 37164 Butter flavored with spices, condiments, garlic, chives, herbs, or other flavoring may be sold in whipped or solid form, provided the product meets the…
    4. ARTICLE 4. Retail Packages §§ 37191–37192 · 2 sections
      • § 37191 Butter which is sold to the retail trade shall be labeled with the name and address of the manufacturer, the wholesale distributor, or the retailer. The…
      • § 37192 Butter which is sold to the retail trade shall be labeled with the words “pasteurized” or “raw,” as the case may be.
    5. ARTICLE 5. Bulk Packages §§ 37221–37224 · 4 sections
      • § 37221 Butter which is received in this state by brokers, jobbers, and other persons that receive butter in cubes, tubs, firkins, or other bulk packages shall be…
      • § 37222 The markings shall remain on the packages until the butter which is contained in the packages is cut and wrapped for the retail trade.
      • § 37223 The name of any city, county, or other geographical designation, or any word which may be pronounced the same as any city, county, or other geographical…
      • § 37224 This article does not prohibit the use of a trademark or brand which has a geographical name if it was copyrighted or registered in the office of the Secretary…
    6. ARTICLE 6. Imported Butter §§ 37261–37262 · 2 sections
      • § 37261 Every person that sells, consigns, ships, or presents to any other person any butter that has been shipped or imported into this state from any place outside…
      • § 37262 Violation of this article is punishable by imprisonment in the county jail for not more than six months, or by a fine of not more than five hundred dollars…
    7. ARTICLE 7. Renovated Butter §§ 37291–37292 · 2 sections
      • § 37291 Renovated butter is the product made from impure or rancid butter reduced, for the purpose of cleansing and renovating, to a liquid state by melting and…
      • § 37292 It is unlawful for any person to sell any renovated butter unless there is printed upon the label of each and every package, or other container in which such…
  4. CHAPTER 4. Cheese §§ 37401–37601 · 20 sections
    1. ARTICLE 1. Varieties of Cheese §§ 37401–37414 · 14 sections
      • § 37401 Varieties of cheese are foods that conform to the applicable standards of identity provided for in Part 133 of Title 21 of the Code of Federal Regulations.…
      • § 37402 Cheddar cheese is a food that complies with Section 133.113 of Title 21 of the Code of Federal Regulations.
      • § 37403 Washed-curd cheese is a food that complies with Section 133.136 of Title 21 of the Code of Federal Regulations.
      • § 37404 Colby cheese is a food that complies with Section 133.118 of Title 21 of the Code of Federal Regulations.
      • § 37405 Monterey cheese or monterey jack cheese is a food that complies with Section 133.153 of Title 21 of the Code of Federal Regulations.
      • § 37406 High-moisture jack cheese is a food that complies with Section 133.154 of Title 21 of the Code of Federal Regulations.
      • § 37407 Cream cheese is a food that complies with Section 133.133 of Title 21 of the Code of Federal Regulations.
      • § 37408 Cream cheese with other foods is a food that complies with Section 133.134 of Title 21 of the Code of Federal Regulations.
      • § 37409 Pasteurized neufchatel cheese spread with other foods is a food that complies with Section 133.178 of Title 21 of the Code of Federal Regulations.
      • § 37410 Pasteurized process cheese is a food that complies with Section 133.169 of Title 21 of the Code of Federal Regulations.
      • § 37411 Pasteurized process cheese food is a food that complies with Section 133.173 of Title 21 of the Code of Federal Regulations.
      • § 37412 Pasteurized cheese spread is a food that complies with Section 133.175 of Title 21 of the Code of Federal Regulations.
      • § 37413 Cold-pack cheese is a food that complies with Section 133.123 of Title 21 of the Code of Federal Regulations.
      • § 37414 Cold-pack cheese food is a food that complies with Section 133.124 of Title 21 of the Code of Federal Regulations.
    2. ARTICLE 2. Cottage Cheese §§ 37501–37505 · 5 sections
      • § 37501 Dry curd cottage cheese is a food that complies with Section 133.129 of Title 21 of the Code of Federal Regulations.
      • § 37502 Cottage cheese is a food that complies with Section 133.128 of Title 21 of the Code of Federal Regulations. Lowfat cottage cheese is a food that complies with…
      • § 37503 For the purposes of this article, dry curd cottage cheese or cottage cheese made from goat’s milk are special varieties of cheese.
      • § 37504 If dry curd cottage cheese or cottage cheese is made from certified raw milk, it shall be labeled as being made from certified raw milk.
      • § 37505 The packaging of dry curd cottage cheese or cottage cheese, and the addition of milk products to dry curd cottage cheese to make cottage cheese shall take…
    3. ARTICLE 3. Labeling § 37601 · 1 section
      • § 37601 Any cheese sold in this state shall be labeled in compliance with Title 21 of the Code of Federal Regulations.
  5. CHAPTER 5. Miscellaneous Dairy Products §§ 38151–38895.2 · 84 sections
    1. ARTICLE 1. Milk Fat or Butter Fat §§ 38151–38152 · 2 sections
      • § 38151 As used in this article, “Reichert-Meissl number” means the number of milliliters of decinormal alkali which are required to neutralize the acidity of the…
      • § 38152 Milk fat or butterfat is the fat of milk. It shall have a Reichert-Meissl number not less than 24 and a specific gravity not less than 905/1000. In determining…
    2. ARTICLE 2. Skim Milk, Nonfat Milk, or Fat-free Milk §§ 38181–38186 · 6 sections
      • § 38181 Skim milk, nonfat milk, or fat-free milk is the product that results from the complete or partial removal of milk fat from milk. It shall contain not more than…
      • § 38182 Skim milk, nonfat milk, or fat-free milk shall conform to the bacterial standards, coliform bacteria standards, and temperature standards of the grade or class…
      • § 38183 All fluid skim milk which is sold for human consumption as such shall be derived from market milk.
      • § 38184 Every container in which skim milk, nonfat milk, or fat-free milk is sold shall be plainly and conspicuously labeled with all of the following: (a) The words…
      • § 38185 Every label which is required by this article shall be in letters of a size or boldness as to be legible by the purchaser or consumer. If the available space…
      • § 38186 Every container of skim milk, nonfat milk, or fat-free milk, except a glass container, shall be labeled with the words “skim milk,” “nonfat milk,” or “fat-free…
    3. ARTICLE 2.5. Lowfat Milk or Light Milk §§ 38191–38192 · 2 sections
      • § 38191 Lowfat milk or light (lite) milk is a market milk product with added milk solids derived from market milk. Lowfat milk or light milk shall contain not less…
      • § 38192 Except as otherwise provided in this article, lowfat milk or light (lite) milk shall meet all standards and requirements that are specified in this division…
    4. ARTICLE 3. Reduced-fat Milk §§ 38211–38213 · 2 sections
      • § 38211 Reduced-fat milk is a market milk product. It shall contain not less than 1.9 percent milk fat, not more than 2.1 percent milk fat, and not less than 10…
      • § 38213 Except as otherwise provided in this article, reduced-fat milk shall meet all standards and requirements that are specified in this division for market milk.…
    5. ARTICLE 3.5. High Nutrient Lowfat Milk §§ 38221–38224 · 3 sections
      • § 38221 (a) High nutrient lowfat milk is a market milk product with added milk solids derived from market milk. It shall contain not less than 1.0 percent milk fat or…
      • § 38222 Except as otherwise provided in this article, high nutrient lowfat milk shall meet all standards and requirements which are specified in this division for…
      • § 38224 High nutrient lowfat milk shall be labeled in accordance with statutes and regulations applicable to vitamin and mineral addition. The phrase “multiple…
    6. ARTICLE 4. Evaporated Milk § 38231 · 1 section
      • § 38231 Evaporated milk is a food that complies with Section 131.130 of Title 21 of the Code of Federal Regulations.
    7. ARTICLE 5. Evaporated Cream or Clotted Cream § 38241 · 1 section
      • § 38241 Evaporated cream or clotted cream is cream from which a considerable portion of moisture has been evaporated.
    8. ARTICLE 5.5. Evaporated Reduced-Fat Milk or Condensed Reduced-Fat Milk §§ 38251–38253 · 3 sections
      • § 38251 Evaporated reduced-fat milk or condensed reduced-fat milk is the liquid food obtained by the partial removal of water and milk fat from milk. The milk fat and…
      • § 38252 The following vitamin requirements shall be followed: (a) Vitamin A shall be present in such quantity that each fluid ounce of the food contains not less than…
      • § 38253 The following safe and suitable optional ingredients may be used: (a) Carriers for vitamins A and D. (b) Emulsifiers. (c) Stabilizers, with or without dioctyl…
    9. ARTICLE 6. Evaporated Skimmed Milk § 38261 · 1 section
      • § 38261 Evaporated skimmed milk is a food that complies with Section 131.132 of Title 21 of the Code of Federal Regulations.
    10. ARTICLE 11. Dry Whole Milk § 38361 · 1 section
      • § 38361 Dry whole milk is a food that complies with Section 131.147 of Title 21 of the Code of Federal Regulations.
    11. ARTICLE 12. Extra Grade Edible Dry Whey, Dry Buttermilk, and Modified Dry Whey §§ 38391–38401 · 11 sections
      • § 38391 Extra grade edible dry whey is the product which results by spray drying sweet, fresh cheese whey which has been pasteurized, either before or during the…
      • § 38392 Extra grade edible dry whey and its reliquefied form shall have a clean whey flavor, free from objectional and nonwhey flavors and odors.
      • § 38393 Extra grade edible dry whey shall contain not more than 50,000 bacteria per gram, not more than 1.25 percent of milk fat, not more than 5.00 percent of…
      • § 38394 The alkalinity of ash which is contained in extra grade edible dry whey shall not exceed 225 ml. 0.1 normal hydrochloric acid (0.1 N HCl) per 100 grams. The…
      • § 38395 Extra grade edible dry whey shall have a uniform light color, free from lumps that do not break up under moderate pressure, and practically free from brown and…
      • § 38396 Each container of extra grade edible dry whey shall be labeled with the full name of the product and with the word “pasteurized” when filled.
      • § 38397 Buttermilk for drying shall be fresh, sweet and from the churning of sweet cream butter, with or without the addition of harmless lactic culture and unless…
      • § 38398 Modified dry whey means the class of foods manufactured from fresh, pasteurized, cheese whey by various processes and procedures under conditions prescribed by…
      • § 38399 Safe and suitable substances, as defined in Section 130.3 of Title 21 of the Code of Federal Regulations, may be used in the chemical, physical, or microbial…
      • § 38400 The maximum standard plate count for modified dry whey shall not exceed 50,000 per gram, and the maximum coliform bacteria count shall not exceed 10 per gram.…
      • § 38401 Each container of modified dry whey shall be labeled “Modified Dry Whey.” The label shall also contain a descriptive term of the modification, approved in…
    12. ARTICLE 13. Nonfat Dry Milk § 38421 · 1 section
      • § 38421 Nonfat dry milk is a food that complies with Section 131.125 of Title 21 of the Code of Federal Regulations. Grade A nonfat dry milk shall contain not more…
    13. ARTICLE 14. Milk Drink Mix §§ 38451–38455 · 5 sections
      • § 38451 Milk drink mix is a market milk product. It shall contain not less than 12 percent total milk solids, not less than 4 percent butterfat, and not more than…
      • § 38452 Milk drink mix shall contain no milk or milk products except market milk and milk products which are derived from market milk.
      • § 38453 Milk drink mix may contain sweetening and harmless flavoring and coloring.
      • § 38454 Milk drink mix shall be pasteurized and shall contain not more than 75,000 bacteria per gram.
      • § 38455 Each manufacturer of milk drink mix shall, upon request of the department, submit the names and delivery locations of all persons that receive milk drink mix…
    14. ARTICLE 16. Milk Drink §§ 38511–38512 · 2 sections
      • § 38511 Milk drink is the product which is made from milk drink mix or UHT milk drink mix and which contains not less than 3.5 percent of milk fat nor more than 75,000…
      • § 38512 No milk or milk products, except market milk, market skim milk, or market cream, shall be combined with, or added to, milk drink mix or UHT milk drink mix in…
    15. ARTICLE 17. Milk, Reduced-Fat Milk, Lowfat Milk, or Light Milk, and Nonfat Milk, Skim Milk, or Fat-Free Milk with Lactobacillus Acidophilus Culture Added §§ 38522–38523 · 2 sections
      • § 38522 Milk with lactobacillus acidophilus culture added, reduced-fat milk with lactobacillus acidophilus culture added, lowfat or light (lite) milk with…
      • § 38523 The manufacture, labeling, and sale of acidophilus milk and milk, reduced-fat milk, lowfat or light (lite) milk, and nonfat or fat-free milk with lactobacillus…
    16. ARTICLE 18. Modified Milk § 38531 · 1 section
      • § 38531 Modified milk is market milk, evaporated milk, or powdered milk which has been altered in composition to conform to special nutritional requirements and which…
    17. ARTICLE 19. Cultured Milks §§ 38541–38542 · 2 sections
      • § 38541 Cultured milks are foods that comply with Section 131.112 of Title 21 of the Code of Federal Regulations.
      • § 38542 Every container in which buttermilk is sold shall be labeled with a label containing all of the following information: (a) The name and address of the…
    18. ARTICLE 21. Pasteurized Concentrated Milk §§ 38601–38602 · 2 sections
      • § 38601 Pasteurized concentrated milk is market milk which has been reduced to a semiliquid state by the removal of a portion of its water content by the aid of heat…
      • § 38602 Pasteurized concentrated milk shall be packaged in containers other than hermetically sealed containers.
    19. ARTICLE 22. Concentrated Skim Milk §§ 38631–38633 · 3 sections
      • § 38631 Concentrated skim milk is skim milk which is derived from market milk that has been reduced to a semiliquid state by the removal of a portion of its water…
      • § 38632 Concentrated skim milk shall contain not less than 24 percent of milk solids not fat.
      • § 38633 When concentrated skim milk is made entirely from grade A milk, its manufacturer may label it grade A.
    20. ARTICLE 23. Flavored Milk §§ 38651–38655 · 5 sections
      • § 38651 Flavored milk is market milk to which has been added a stabilizer, sugar, syrup, or flavor made from wholesome ingredients. Flavored milk may be sold as…
      • § 38652 (a) Flavored milk is pasteurized, homogenized milk which meets all standards and requirements which are specified in this division for pasteurized, homogenized…
      • § 38653 Flavored lowfat milk shall contain not more than 1.2 percent milk fat. Flavored reduced-fat milk shall contain not more than 2.1 percent milk fat, and shall…
      • § 38654 Flavored nonfat skim or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat, and shall otherwise meet all standards and…
      • § 38655 Flavored high nutrient lowfat milk shall contain not more than 1.2 percent milk fat, and shall otherwise meet all standards and requirements which are…
    21. ARTICLE 25. Sour Cream § 38671 · 1 section
      • § 38671 Sour cream is a food that complies with Section 131.160 of Title 21 of the Code of Federal Regulations. Sour cream shall contain not more than 10 coliform…
    22. ARTICLE 26. Sour Cream Dressing §§ 38701–38703 · 3 sections
      • § 38701 Sour cream dressing is a product which is made from pasteurized market cream, with added milk solids derived from market milk, to which any strain, or two or…
      • § 38702 Sour cream dressing shall be labeled with the term “sour cream dressing” and with the name and address of the distributor.
      • § 38703 At the time of sale to consumers, sour cream dressing shall be in containers of at least 1/2-gallon or 4-pound capacity.
    23. ARTICLE 27. Yogurt §§ 38731–38732 · 2 sections
      • § 38731 Yogurt is a food that complies with Section 131.200 of Title 21 of the Code of Federal Regulations. Yogurt shall contain not more than 10 coliform bacteria per…
      • § 38732 Whipped topping made from nonfat yogurt shall comply with the following standards: (a) The product shall contain not less than 25 percent nonfat yogurt by…
    24. ARTICLE 29. Light Cream, Heavy Cream, Whipping Creams, and Whipped Cream §§ 38761–38765 · 5 sections
      • § 38761 For the purposes of this article light cream, light whipping cream, heavy cream, and whipped cream are market cream products and shall contain not more than…
      • § 38762 Light cream, coffee cream, or table cream is a food that complies with Section 131.155 of Title 21 of the Code of Federal Regulations.
      • § 38763 Light whipping cream or whipping cream is a food that complies with Section 131.157 of Title 21 of the Code of Federal Regulations.
      • § 38764 Heavy cream or heavy whipping cream is a food that complies with Section 131.150 of Title 21 of the Code of Federal Regulations.
      • § 38765 Whipped cream is a food that complies with Section 131.25 of Title 21 of the Code of Federal Regulations.
    25. ARTICLE 31. Eggnog § 38791 · 1 section
      • § 38791 Eggnog is a food that complies with Section 131.170 of Title 21 of the Code of Federal Regulations. Eggnog shall contain not more than 20,000 bacteria per gram…
    26. ARTICLE 35. Milk Products Made by Acidified Processes § 38861 · 1 section
      • § 38861 Acidified milk products are foods that comply with Section 131.111 or 131.162 of Title 21 of the Code of Federal Regulations.
    27. ARTICLE 36. Kefir Milk—A Cultured Milk §§ 38871–38874 · 4 sections
      • § 38871 Market milk or market milk combined with nonfat milk from market milk, with or without added market milk solids, flavoring, or seasoning, which is certified…
      • § 38872 Kefir shall contain not less than 3.5 percent milk fat. Reduced-fat kefir shall contain not more than 2.1 percent milk fat. Lowfat kefir shall contain not more…
      • § 38873 When offered for sale, kefir, reduced-fat kefir, lowfat or light (lite) kefir, and nonfat, skim, or fat-free kefir shall be labeled, on a principal panel of…
      • § 38874 Kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir, in liquid form, and with or without fruit added, shall be made from…
    28. ARTICLE 37. Fruit Kefir—A Cultured Milk §§ 38875–38876 · 2 sections
      • § 38875 Fruit kefir is kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir that contains not less than 8 percent by weight of…
      • § 38876 When fruit is added to kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir, the name of the fruit shall appear on a…
    29. ARTICLE 38. Lactose Reduced Milk, Reduced-Fat Lactose Reduced Milk, Lactose Reduced Lowfat or Light Milk, and Lactose Reduced Nonfat, Skim, or Fat-Free Milk § 38881 · 1 section
      • § 38881 Lactose reduced milk, reduced-fat lactose reduced milk, lactose reduced lowfat or light (lite) milk, and lactose reduced nonfat, skim, or fat-free milk are…
    30. ARTICLE 39. Fromage Frais or Soft Fresh Cheese §§ 38885–38888 · 4 sections
      • § 38885 Nonfat market milk, with or without added market milk solids, which has been pasteurized and afterwards fermented by one or more strains of streptococcus…
      • § 38886 Fromage frais or soft fresh cheese shall have at least 70 percent of the lactose in the original milk solids removed through the whey. Fromage frais or soft…
      • § 38887 Fromage frais or soft fresh cheese, without the addition of bulky flavors, shall contain not less than 3.5 percent of milk fat. Fromage frais or soft fresh…
      • § 38888 When offered for sale, fromage frais or soft fresh cheese shall be labeled on a principal panel of the container, with the name of the product, the name and…
    31. ARTICLE 40. Bulky Flavored Fromage Frais or Bulky Flavored Soft Fresh Cheese §§ 38891–38892 · 2 sections
      • § 38891 Bulky flavored fromage frais or bulky flavored soft fresh cheese is fromage frais or soft fresh cheese that contains clean, mature, sound fruit or its…
      • § 38892 When bulky flavor is added to fromage frais or soft fresh cheese, the name of the bulky flavor shall accompany the name of the product on the principal panel…
    32. ARTICLE 41. Lactose Reduced Dairy Products §§ 38895.1–38895.2 · 2 sections
      • § 38895.1 Safe and suitable enzymes, as approved by the director, may be added to dairy products for the purpose of conversion of lactose to glucose or galactose. Any…
      • § 38895.2 “Lactose reduced” may be included in the nomenclature of the product if there has been conversion of sufficient amounts of lactose to glucose or galactose so…
  6. CHAPTER 6. Products Resembling Milk Products §§ 38901–38992 · 50 sections
    1. ARTICLE 1. General Provisions §§ 38901–38908 · 10 sections
      • § 38901 The production and distribution of products resembling milk products, is hereby declared to be a business affected with a public interest. The provisions of…
      • § 38902 The Legislature further finds and declares all of the following: (a) There is an increasing advent into the marketplace of food products which in appearance,…
      • § 38903 This chapter does not apply to: (a) Margarine, dairy spread, or spread subject to Chapter 8 (commencing with Section 39351). (b) A distinctive proprietary food…
      • § 38903.5 Imitation cheese or substitute for cheese are subject to the provisions of this chapter.
      • § 38903.6 Nondairy frozen dessert is subject to the provisions of this chapter.
      • § 38904 Except as provided in this section, no products resembling milk products shall be used in any of the charitable or penal institutions that receive assistance…
      • § 38905 It is unlawful for a restaurant or any other place where food is served to the public for consumption on the premises to misrepresent products resembling milk…
      • § 38906 If a provision of this chapter and a provision of the Health and Safety Code are applicable to the same person and subject matter, the provisions of this…
      • § 38907 If any article, section, subdivision, sentence or clause of any provision of this chapter is for any reason adjudged unconstitutional or unenforceable, such…
      • § 38908 The provisions of this chapter shall not be construed as necessitating any alterations or deviations in the normal and traditional methods of manufacturing,…
    2. ARTICLE 2. Definitions §§ 38911–38915 · 4 sections
      • § 38911 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
      • § 38912 “Products resembling milk products” means any food product for human consumption, except those referred to in Section 38903, which has the appearance, taste,…
      • § 38914 “Imitation milk product” means a product resembling a milk product which contains oils, fats, or other ingredients, other than milk or milk products, in…
      • § 38915 “Nondairy product” means a product resembling a milk product, but which nondairy product contains no milk or milk solids.
    3. ARTICLE 3. Standards §§ 38924–38926.5 · 4 sections
      • § 38924 The director shall adopt regulations providing for the healthfulness and standard of purity of products resembling milk products. The regulations shall be…
      • § 38925 When the use of market milk or any derivative or component of market milk is required in any milk product, any fluid milk, fluid skim milk, fluid cream, milk…
      • § 38926 Nondairy frozen dessert shall comply with the following standards: (a) The product shall contain not less than one-half of 1 percent of edible oil or fat other…
      • § 38926.5 Nondairy frozen dessert mix is a product in a final, dry, or concentrated form used in the manufacture of nondairy frozen dessert. It shall comply with all the…
    4. ARTICLE 4. Plant Licensing §§ 38931–38937 · 7 sections
      • § 38931 It is unlawful to engage in the manufacture of products resembling milk products, unless a license for the then current calendar year for each separate plant…
      • § 38932 Applications for a license shall be in the form which shall be prescribed by the director.
      • § 38933 The application shall be accompanied by a fee of one hundred dollars ($100). The fee shall be prorated on a monthly basis for any licensee that commences…
      • § 38934 The director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to manufacture, sell, or…
      • § 38935 The license shall expire at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year or such part of…
      • § 38936 It is unlawful for any person to sell, give away, deliver, or to knowingly purchase or receive any product resembling milk products which has been produced in…
      • § 38937 Grounds for revocation or suspension of such license shall be the manufacture of products resembling milk products under unhealthful or insanitary conditions…
    5. ARTICLE 5. Product Registration §§ 38941–38946 · 8 sections
      • § 38941 Any person engaged in the manufacture of products resembling milk products, shall register the products with the department as provided by this article.
      • § 38942 Application for a registered product shall be in the form which shall be prescribed by the department and shall include the ingredients of the product, and the…
      • § 38943 The application shall be accompanied by a fee of twenty-five dollars ($25). The information required by Section 38942 shall be kept current and amended…
      • § 38943.5 Each registration which has been approved expires on December 31st of the second year after it was approved and may be renewed for two years by payment of a…
      • § 38944 No product resembling milk products shall be sold unless it has an active registration on file with the department.
      • § 38944.5 If renewal of any registration is not made within 60 days after expiration of the registration, the registration becomes null and void.
      • § 38945 In addition to any other penalty, the department may revoke or suspend the registration of any product resembling milk products for any violation of this…
      • § 38946 All product registration made pursuant to this article shall be confidential. No information contained in the application for any such registration, or in the…
    6. ARTICLE 6. Labels §§ 38951–38956 · 7 sections
      • § 38951 Any person or association or corporation engaged in the manufacture, sale, or distribution of products resembling milk products shall label such products in…
      • § 38952 Each container which contains a product resembling a milk product, shall be labeled with the name and address of the manufacturer or distributor, and in the…
      • § 38952.5 Any product labeled as a “nondairy product” and containing one or more ingredients derived from milk shall clearly indicate upon such label, in a manner…
      • § 38953 An imitation milk product, the composition and physical characteristics of which closely resemble those of a milk product or a specified variety of a milk…
      • § 38954 Labels or products resembling milk products may contain references and comparisons of the products with milk products as long as such statements are…
      • § 38955 On the labels of imitation milk products the use of pictures and symbols depicting dairy or agricultural activities, or associating the product with such…
      • § 38956 Nondairy product containers and labels shall not contain any combination of words, symbols, marks, designs, or representations commonly used or associated with…
    7. ARTICLE 7. Advertising and Display §§ 38971–38972 · 2 sections
      • § 38971 No product resembling a milk product shall be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions that is likely to…
      • § 38972 The director may adopt regulations to enforce the provisions of this article. In adopting the regulations, the director shall consider and follow, insofar as…
    8. ARTICLE 8. Administration §§ 38981–38987 · 6 sections
      • § 38981 The director shall enforce the provisions of this chapter.
      • § 38982 The director may adopt any regulations necessary for the implementation and adequate enforcement and administration of the provisions of this chapter and that…
      • § 38983 The regulations shall be adopted after a public hearing in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of…
      • § 38985 Notwithstanding any other provisions of this chapter to the contrary, the director shall by regulation waive any of the provisions of this chapter as they…
      • § 38986 If the director determines that fees established to enforce and administer this chapter exceed the cost of enforcing and administering this chapter, he or she…
      • § 38987 Any moneys which are received by the director or the department pursuant to this chapter shall be paid into the State Treasury to the credit of the Department…
    9. ARTICLE 9. Civil Remedies and Penalties §§ 38991–38992 · 2 sections
      • § 38991 The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter or any regulation adopted under this…
      • § 38992 Any person that violates any provision of this chapter or any regulation adopted under this chapter, is liable civilly in the amount of five hundred dollars…
  7. CHAPTER 7. Imitation Ice Cream and Ice Milk §§ 39151–39214 · 11 sections
    1. ARTICLE 1. General Provisions §§ 39151–39153 · 3 sections
      • § 39151 The ingredients, except fruits, nuts, and flavors, which are used in the manufacture of imitation ice cream or imitation ice milk, shall be pasteurized.
      • § 39152 Imitation ice cream and imitation ice milk shall otherwise be manufactured, advertised, and sold pursuant to regulations which are adopted by the director.
      • § 39153 It is unlawful for any person to sell imitation ice cream or imitation ice milk in bulk for purpose of resale.
    2. ARTICLE 2. Imitation Ice Cream and Ice Milk Standards §§ 39181–39184 · 4 sections
      • § 39181 Imitation ice cream and imitation ice milk are substances, mixtures, or compounds which are made in the imitation of, or which have the appearance of, ice…
      • § 39182 Imitation ice cream shall contain not less than 10 percent of edible oil or fat.
      • § 39183 Imitation ice milk shall contain not less than 2 percent of edible oil or fat, and harmless edible stabilizer as specified in Title 21 of the Code of Federal…
      • § 39184 Imitation ice cream or imitation ice milk, at the time of sale by the manufacturer or retailer, shall not contain more than 75,000 bacteria per gram. Imitation…
    3. ARTICLE 3. Labels and Signs §§ 39211–39214 · 4 sections
      • § 39211 Every container of imitation ice cream or imitation ice milk shall be conspicuously so labeled, and every place where imitation ice cream or imitation ice milk…
      • § 39212 If a trade name is used on any vehicle which conveys, or any place where imitation ice cream or imitation ice milk is sold, the words “imitation ice cream” or…
      • § 39213 A person shall not use the name “creamy,” “creamery,” or “dairy,” or the representation of a cow or any breed of dairy cattle, or any combination of such…
      • § 39214 Milk shakes, malted milks, or malts, as such terms are commonly used in the restaurant, confectionary, or soft drink trade shall not be made from imitation ice…
  8. CHAPTER 8. Margarine, Dairy Spread, and Spread §§ 39351–39521 · 13 sections
    1. ARTICLE 1. General Provisions §§ 39351–39353 · 3 sections
      • § 39351 Except as otherwise provided, the provisions of this code which relate to margarine, dairy spread, or spread are likewise applicable to colored margarine,…
      • § 39352 It is unlawful for any person knowingly to ship, or for any carrier for hire knowingly to receive for shipment, any margarine, dairy spread, or spread unless…
      • § 39353 It is unlawful for any person knowingly to possess or have under his or her control any margarine, dairy spread, or spread, except for actual consumption by…
    2. ARTICLE 2. Labeling of Shipping Containers §§ 39381–39382 · 2 sections
      • § 39381 Each person that manufactures any margarine, dairy spread, or spread shall comply with this article.
      • § 39382 There shall be printed, stamped, or stenciled in a clear and durable manner upon one side of each tub, firkin, box, or other outer package in which margarine,…
    3. ARTICLE 3. Labeling of Retail Packages § 39411 · 1 section
      • § 39411 It is unlawful for any person to sell any margarine, dairy spread, or spread, unless there is printed upon the label of each and every package, or other…
    4. ARTICLE 4. Misrepresentation §§ 39431–39432 · 2 sections
      • § 39431 A person shall not sell or take orders for the future delivery of any margarine, dairy spread, or spread under the name of butter, or under the pretense that…
      • § 39432 A person shall not, in connection or association with the sale or advertisement of any margarine, dairy spread, or spread represent or suggest by any means…
    5. ARTICLE 6. Margarine § 39471 · 1 section
      • § 39471 Margarine (oleomargarine) is a substitute for butter which contains not less than 80 percent edible oils or fat and otherwise conforms to Part 166 (commencing…
    6. ARTICLE 7. Colored Margarine, Dairy Spread, or Spread § 39491 · 1 section
      • § 39491 Colored margarine, dairy spread, or spread is margarine, dairy spread, or spread which has a tint or shade that contains more than 1.6 degrees of yellow, or of…
    7. ARTICLE 8. Dairy Spread §§ 39501–39502 · 2 sections
      • § 39501 Dairy spread is a substitute for butter which is made from a blend of milkfat, cultured buttermilk, milk solids-not-fat, and edible oil or fat, other than milk…
      • § 39502 Dairy spread shall contain a minimum of 40 percent fat and a minimum of 15 percent milk solids-not-fat; (60 percent of the blended fat ingredients shall be of…
    8. ARTICLE 9. Spread § 39521 · 1 section
      • § 39521 Spread is a substitute for butter consisting of mixtures of compounds which may include milk solids-not-fat and edible oils and fats that is made in imitation…
  9. CHAPTER 9. UHT Milk Products §§ 39701–39842 · 35 sections
    1. ARTICLE 1. General Provisions §§ 39701–39702 · 2 sections
      • § 39701 “UHT” when used to describe a dairy product or a product resembling a milk product means that the product has been hermetically sealed in a container and so…
      • § 39702 (a) All products defined in this chapter shall be labeled in accordance with the applicable general labeling requirements of the Grade A Pasteurized Milk…
    2. ARTICLE 2. UHT Milk and Cream §§ 39711–39715 · 5 sections
      • § 39711 UHT milk and UHT cream is market milk or market cream processed and packaged pursuant to Section 39701. A harmless edible stabilizer as specified in Title 21…
      • § 39712 UHT milk or UHT cream shall be made from market milk or market cream which meets all the requirements of this division for the respective class or grade of…
      • § 39713 UHT milk shall contain not less than 3.25 percent milk fat and not less than 8.25 percent milk solids-not-fat.
      • § 39714 UHT cream shall contain not less than 18 percent milk fat.
      • § 39715 UHT milk or UHT cream which has been altered in composition to conform to special nutritional requirements or special dietary purposes shall include “modified”…
    3. ARTICLE 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk §§ 39721–39723 · 3 sections
      • § 39721 UHT lowfat milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination thereof, processed and packaged…
      • § 39722 UHT reduced-fat milk shall contain not more than 2.1 percent milk fat and not less than 8.25 percent milk solids-not-fat. UHT lowfat or light (lite) milk shall…
      • § 39723 Except as otherwise provided in this article, UHT lowfat milk shall meet all the standards and requirements which are specified in this division for market…
    4. ARTICLE 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk §§ 39731–39733 · 3 sections
      • § 39731 UHT nonfat, skim, or fat-free milk is the product that results from the complete or partial removal of milk fat from market milk. It shall be processed and…
      • § 39732 UHT nonfat, skim, or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 8.25 percent milk solids-not-fat.
      • § 39733 Except as otherwise provided in this article, UHT nonfat, skim, or fat-free milk shall meet all the standards and requirements that are specified in this…
    5. ARTICLE 5. UHT Flavored Milk §§ 39741–39742 · 2 sections
      • § 39741 UHT flavored milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination of them, which contains harmless…
      • § 39742 UHT flavored milk shall contain not less than 3 percent milk fat and not less than 161/2 percent total solids.
    6. ARTICLE 6. UHT Flavored Cream §§ 39751–39752 · 2 sections
      • § 39751 UHT flavored cream is market cream to which nonfat dry milk solids derived from market milk have been added, which contains harmless flavoring or syrup, or any…
      • § 39752 UHT flavored cream shall contain not less than 20 percent milk fat.
    7. ARTICLE 7. UHT Flavored Reduced-Fat Milk and UHT Flavored Lowfat or Light Milk §§ 39761–39762 · 2 sections
      • § 39761 UHT flavored reduced-fat, lowfat, or light (lite) milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination…
      • § 39762 UHT flavored reduced-fat milk shall contain not more than 2.1 percent milk fat and not less than 8.25 percent milk solids-not-fat. UHT flavored lowfat or light…
    8. ARTICLE 8. UHT Flavored Drink § 39771 · 1 section
      • § 39771 UHT flavored drink is milk or skim milk, evaporated, condensed, or dried milk, or nonfat milk solids, or any combination thereof, which contains harmless…
    9. ARTICLE 9. UHT Half-and-Half §§ 39781–39782 · 2 sections
      • § 39781 UHT half-and-half is a product consisting of market milk, market cream, nonfat dry milk derived from market milk, and market skim milk to which edible…
      • § 39782 UHT half-and-half shall contain not less than 10.5 percent milk fat and not more than six-tenths of 1 percent stabilizer by weight.
    10. ARTICLE 10. UHT Sour Flavored Half-and-Half §§ 39791–39792 · 2 sections
      • § 39791 UHT flavored reduced-fat sour cream is a product consisting of market milk, market cream, and market skim milk to which edible stabilizers, stabilizing salts,…
      • § 39792 UHT sour flavored half-and-half shall contain not less than 9.4 percent milk fat and not more than six-tenths of 1 percent stabilizer by weight.
    11. ARTICLE 11. UHT Sour Cream §§ 39801–39802 · 2 sections
      • § 39801 UHT sour cream is market cream cultured with the addition of pure cultures of one or more strains of lactic acid bacteria. It may include one or more of the…
      • § 39802 UHT sour cream shall contain not less than 18 percent milk fat and not less than one-half of 1 percent acidity, expressed as lactic acid.
    12. ARTICLE 12. UHT Milk Drink Mix §§ 39811–39812 · 2 sections
      • § 39811 UHT milk drink mix is a market milk product which has been processed and packaged pursuant to Section 39701.
      • § 39812 UHT milk drink mix shall contain not less than 12 percent total milk solids, not less than 4 percent butterfat, and not more than one-half of 1 percent pure…
    13. ARTICLE 13. UHT Dairy Spread §§ 39821–39822 · 2 sections
      • § 39821 UHT dairy spread is a product made from milk, cream, skim milk, or nonfat milk solids, or any combination thereof, to which may be added lactose, sodium…
      • § 39822 UHT dairy spread shall contain not less than 30 percent milk fat and not more than six-tenths of 1 percent stabilizer and emulsifier combined by weight, unless…
    14. ARTICLE 14. UHT Eggnog §§ 39831–39833 · 3 sections
      • § 39831 UHT eggnog is an unfrozen product which is made with milk, cream, evaporated or condensed milk, evaporated or condensed skim milk, dry milk solids, nonfat dry…
      • § 39832 UHT eggnog shall contain not less than 6 percent milk fat and not less than 8.25 percent milk solids-not-fat. It shall contain not less than one-half of 1…
      • § 39833 Except as otherwise provided in this article, UHT eggnog shall meet all the standards and requirements which are specified in this division for eggnog.
    15. ARTICLE 15. UHT Flavored Nonfat Milk §§ 39841–39842 · 2 sections
      • § 39841 UHT flavored nonfat, skim, or fat-free milk is market milk from which has been removed all or part of the milk fat and to which has been added any harmless…
      • § 39842 UHT flavored nonfat, skim, or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 8.25 percent of milk…
  10. CHAPTER 10. Dairy Beverages §§ 39901–39912 · 12 sections
    • § 39901 (a) Dairy beverages are milk and dairy food beverages resembling milk or milk products. However, dairy beverages do not conform to the compositional standards…
    • § 39902 The product may not contain any added fats or oils other than milkfat, except those fats present in incidental amounts that are naturally occurring in, or…
    • § 39903 The product shall be pasteurized, ultra-pasteurized, or UHT processed and packaged, pursuant to the specifications and procedures for the applicable process…
    • § 39904 The product may be cultured with safe and suitable bacterial cultures following pasteurization, ultra-pasteurization, or UHT processing.
    • § 39905 This article does not apply to any product regulated under Chapter 6 (commencing with Section 38901) as a product resembling a milk product or any dairy…
    • § 39906 The label of all products subject to this standard shall be submitted to the secretary for approval prior to sale. In addition to the labeling requirements…
    • § 39907 (a) The term “dairy beverage” or “a dairy beverage” may appear on the principal display panel of the product only when milk and the components or derivatives…
    • § 39908 The product shall be labeled with a common or usual name of the beverage or a fanciful name that does not mislead, deceive, or confuse the consumer. Use of the…
    • § 39909 Each container that contains the product shall be labeled with the name and address of the manufacturer or distributor, and in the event the address is not the…
    • § 39910 If the product is labeled “Grade A,” all dairy ingredients shall be derived from market milk.
    • § 39911 The label of the product may contain references to, and comparisons with, a milk product if those statements, symbols, marks, designs, or representations are…
    • § 39912 No product subject to this standard shall be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions that are likely to…