CHAPTER 6. Products Resembling Milk Products

Chapter 6 repealed and added by Stats. 1968, Ch. 1250.

§§ 38901–38992 · 50 sections

1. ARTICLE 1. General Provisions §§ 38901–38908 · 10 sections

   • § 38901 The production and distribution of products resembling milk products, is hereby declared to be a business affected with a public interest. The provisions of…
   • § 38902 The Legislature further finds and declares all of the following: (a) There is an increasing advent into the marketplace of food products which in appearance,…
   • § 38903 This chapter does not apply to: (a) Margarine, dairy spread, or spread subject to Chapter 8 (commencing with Section 39351). (b) A distinctive proprietary food…
   • § 38903.5 Imitation cheese or substitute for cheese are subject to the provisions of this chapter.
   • § 38903.6 Nondairy frozen dessert is subject to the provisions of this chapter.
   • § 38904 Except as provided in this section, no products resembling milk products shall be used in any of the charitable or penal institutions that receive assistance…
   • § 38905 It is unlawful for a restaurant or any other place where food is served to the public for consumption on the premises to misrepresent products resembling milk…
   • § 38906 If a provision of this chapter and a provision of the Health and Safety Code are applicable to the same person and subject matter, the provisions of this…
   • § 38907 If any article, section, subdivision, sentence or clause of any provision of this chapter is for any reason adjudged unconstitutional or unenforceable, such…
   • § 38908 The provisions of this chapter shall not be construed as necessitating any alterations or deviations in the normal and traditional methods of manufacturing,…
2. ARTICLE 2. Definitions §§ 38911–38915 · 4 sections

   • § 38911 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 38912 “Products resembling milk products” means any food product for human consumption, except those referred to in Section 38903, which has the appearance, taste,…
   • § 38914 “Imitation milk product” means a product resembling a milk product which contains oils, fats, or other ingredients, other than milk or milk products, in…
   • § 38915 “Nondairy product” means a product resembling a milk product, but which nondairy product contains no milk or milk solids.
3. ARTICLE 3. Standards §§ 38924–38926.5 · 4 sections

   • § 38924 The director shall adopt regulations providing for the healthfulness and standard of purity of products resembling milk products. The regulations shall be…
   • § 38925 When the use of market milk or any derivative or component of market milk is required in any milk product, any fluid milk, fluid skim milk, fluid cream, milk…
   • § 38926 Nondairy frozen dessert shall comply with the following standards: (a) The product shall contain not less than one-half of 1 percent of edible oil or fat other…
   • § 38926.5 Nondairy frozen dessert mix is a product in a final, dry, or concentrated form used in the manufacture of nondairy frozen dessert. It shall comply with all the…
4. ARTICLE 4. Plant Licensing §§ 38931–38937 · 7 sections

   • § 38931 It is unlawful to engage in the manufacture of products resembling milk products, unless a license for the then current calendar year for each separate plant…
   • § 38932 Applications for a license shall be in the form which shall be prescribed by the director.
   • § 38933 The application shall be accompanied by a fee of one hundred dollars ($100). The fee shall be prorated on a monthly basis for any licensee that commences…
   • § 38934 The director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to manufacture, sell, or…
   • § 38935 The license shall expire at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year or such part of…
   • § 38936 It is unlawful for any person to sell, give away, deliver, or to knowingly purchase or receive any product resembling milk products which has been produced in…
   • § 38937 Grounds for revocation or suspension of such license shall be the manufacture of products resembling milk products under unhealthful or insanitary conditions…
5. ARTICLE 5. Product Registration §§ 38941–38946 · 8 sections

   • § 38941 Any person engaged in the manufacture of products resembling milk products, shall register the products with the department as provided by this article.
   • § 38942 Application for a registered product shall be in the form which shall be prescribed by the department and shall include the ingredients of the product, and the…
   • § 38943 The application shall be accompanied by a fee of twenty-five dollars ($25). The information required by Section 38942 shall be kept current and amended…
   • § 38943.5 Each registration which has been approved expires on December 31st of the second year after it was approved and may be renewed for two years by payment of a…
   • § 38944 No product resembling milk products shall be sold unless it has an active registration on file with the department.
   • § 38944.5 If renewal of any registration is not made within 60 days after expiration of the registration, the registration becomes null and void.
   • § 38945 In addition to any other penalty, the department may revoke or suspend the registration of any product resembling milk products for any violation of this…
   • § 38946 All product registration made pursuant to this article shall be confidential. No information contained in the application for any such registration, or in the…
6. ARTICLE 6. Labels §§ 38951–38956 · 7 sections

   • § 38951 Any person or association or corporation engaged in the manufacture, sale, or distribution of products resembling milk products shall label such products in…
   • § 38952 Each container which contains a product resembling a milk product, shall be labeled with the name and address of the manufacturer or distributor, and in the…
   • § 38952.5 Any product labeled as a “nondairy product” and containing one or more ingredients derived from milk shall clearly indicate upon such label, in a manner…
   • § 38953 An imitation milk product, the composition and physical characteristics of which closely resemble those of a milk product or a specified variety of a milk…
   • § 38954 Labels or products resembling milk products may contain references and comparisons of the products with milk products as long as such statements are…
   • § 38955 On the labels of imitation milk products the use of pictures and symbols depicting dairy or agricultural activities, or associating the product with such…
   • § 38956 Nondairy product containers and labels shall not contain any combination of words, symbols, marks, designs, or representations commonly used or associated with…
7. ARTICLE 7. Advertising and Display §§ 38971–38972 · 2 sections

   • § 38971 No product resembling a milk product shall be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions that is likely to…
   • § 38972 The director may adopt regulations to enforce the provisions of this article. In adopting the regulations, the director shall consider and follow, insofar as…
8. ARTICLE 8. Administration §§ 38981–38987 · 6 sections

   • § 38981 The director shall enforce the provisions of this chapter.
   • § 38982 The director may adopt any regulations necessary for the implementation and adequate enforcement and administration of the provisions of this chapter and that…
   • § 38983 The regulations shall be adopted after a public hearing in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of…
   • § 38985 Notwithstanding any other provisions of this chapter to the contrary, the director shall by regulation waive any of the provisions of this chapter as they…
   • § 38986 If the director determines that fees established to enforce and administer this chapter exceed the cost of enforcing and administering this chapter, he or she…
   • § 38987 Any moneys which are received by the director or the department pursuant to this chapter shall be paid into the State Treasury to the credit of the Department…
9. ARTICLE 9. Civil Remedies and Penalties §§ 38991–38992 · 2 sections

   • § 38991 The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter or any regulation adopted under this…
   • § 38992 Any person that violates any provision of this chapter or any regulation adopted under this chapter, is liable civilly in the amount of five hundred dollars…