DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501. - 39912.]
Division 15 enacted by Stats. 1967, Ch. 15.
§§ 32501–39912 · 683 sections
PART 1. GENERALLY §§ 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,…
PART 2. MILK AND CREAM §§ 35601–36331 · 70 sections
CHAPTER 1. General Provisions §§ 35601–35631 · 4 sections
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…
ARTICLE 2. Cream § 35631 · 1 section
- § 35631 Cream shall be fresh and clean. It shall contain not less than 18 percent of milk fat.
CHAPTER 2. Market Milk and Cream §§ 35751–36123 · 60 sections
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…
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…
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,…
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…
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…
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…
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…
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.
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…
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…
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…
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…
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…
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…
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…
CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream §§ 36301–36331 · 6 sections
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.
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…
PART 3. MANUFACTURED PRODUCTS §§ 36601–39912 · 287 sections
CHAPTER 1. Generally §§ 36601–36675 · 22 sections
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…
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…
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…
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…
CHAPTER 2. Frozen Dairy Products §§ 36801–36992 · 18 sections
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…
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…
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…
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…
ARTICLE 7. Frozen Yogurt §§ 36991–36992 · 2 sections
CHAPTER 3. Butter §§ 37101–37292 · 22 sections
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…
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…
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…
ARTICLE 4. Retail Packages §§ 37191–37192 · 2 sections
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…
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…
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…
CHAPTER 4. Cheese §§ 37401–37601 · 20 sections
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.
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…
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.
CHAPTER 5. Miscellaneous Dairy Products §§ 38151–38895.2 · 84 sections
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…
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…
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…
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.…
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…
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.
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.
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…
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.
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.
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…
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…
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…
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…
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…
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…
ARTICLE 19. Cultured Milks §§ 38541–38542 · 2 sections
ARTICLE 21. Pasteurized Concentrated Milk §§ 38601–38602 · 2 sections
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.
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…
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…
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.
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…
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.
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…
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.
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…
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…
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…
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…
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…
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…
CHAPTER 6. Products Resembling Milk Products §§ 38901–38992 · 50 sections
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,…
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.
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…
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…
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…
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…
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…
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…
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…
CHAPTER 7. Imitation Ice Cream and Ice Milk §§ 39151–39214 · 11 sections
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.
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…
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…
CHAPTER 8. Margarine, Dairy Spread, and Spread §§ 39351–39521 · 13 sections
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…
ARTICLE 2. Labeling of Shipping Containers §§ 39381–39382 · 2 sections
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…
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…
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…
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…
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…
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…
CHAPTER 9. UHT Milk Products §§ 39701–39842 · 35 sections
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…
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”…
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…
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…
ARTICLE 5. UHT Flavored Milk §§ 39741–39742 · 2 sections
ARTICLE 6. UHT Flavored Cream §§ 39751–39752 · 2 sections
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…
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…
ARTICLE 9. UHT Half-and-Half §§ 39781–39782 · 2 sections
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.
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.
ARTICLE 12. UHT Milk Drink Mix §§ 39811–39812 · 2 sections
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…
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.
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…
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…