CHAPTER 10. Containers

Chapter 10 enacted by Stats. 1967, Ch. 15.

§§ 34501–34681 · 38 sections

1. 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.
2. 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.
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…