text:
Notwithstanding any other provision of this chapter, the director shall issue a limited milk inspection certificate to any registered sanitarian employed by any city or county health department who will be employed in connection with an approved milk inspection service. A person holding the certificate shall have full authority to enforce all provisions of this code if this authority is restricted to the inspection and sampling of market milk products in retail outlets and in the inspection of retail establishments licensed pursuant to Section 33704 where an approved milk inspection service has entered into an agreement with the director pursuant to Section 33704.

The limited milk inspection certificate shall be issued following the completion of a certification course that has been approved by the director. This limited milk inspection certificate shall expire upon the termination of employment as a registered sanitarian by the individual or at any time an approved milk inspection service has been terminated.

history: (History: Added by Stats. 1981, Ch. 1011, Sec. 1.)

article: 3. Employees


kind: section

code: FAC

text:
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 specialization in studies which related to dairy farms, milk and milk products, the food sciences, or animal science.

(b) Graduation from a veterinary college of recognized standing at the time of graduation and at least one year of experience in the production, processing, or inspection of milk or milk products.

(c) Employed as a registered sanitarian in the State of California for at least two years immediately prior to applying for the certification examination and possesses a bachelor’s degree.

history: (History: Amended by Stats. 1984, Ch. 343, Sec. 1.)

division: 15. MILK AND MILK PRODUCTS ACT OF 1947

part: 1. GENERALLY

chapter: 4. Inspection Services

article: 3. Employees

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 3. Employees


text: 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 the cost of carrying out the provisions of this article. The application fee shall not exceed ten dollars ($10) and the examination fee shall not exceed thirty dollars ($30). Any fees collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund and be used in carrying out this article.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 47.)

article: 3. Employees


text:
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 purpose of training persons who are employed by the department and by each county in the enforcement of this division, regulations of the director, or the ordinances of any county which relate to the inspection of dairy farms, milk products plants, or milk products, in all of the following:

(a) Dairy science.

(b) Uniform methods of enforcement of this division.

(c) The regulations of the director.

(d) Ordinances of counties which concern dairy farms, milk products plants, and milk products.

(e) Other pertinent information which concerns dairy farms, milk products plants, and milk products.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 4.)

article: 3. Employees


text: 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 each county and city in the inspection of dairy farms, milk products plants, and milk products.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 3. Employees


text: 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 course.

article: 3. Employees


text: This article does not apply to any clerical employee, or to any person who is employed in a laboratory.

article: 3. Employees


text:
If a producer produces market milk within the jurisdiction of an approved milk inspection service, the director, after an investigation and consultation with the health officer of each county which is involved, shall do all of the following:

(a) Designate and assign the county approved milk inspection service which shall conduct the dairy farm inspection.

(b) Define the district or area in which each county shall conduct the dairy farm inspection.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 7.)

article: 4. Designation and Assignment

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 4. Designation and Assignment


text: The director, in making the designation and assignment, shall take into consideration, in addition to other matters which are considered, the geographical convenience of each county approved milk inspection service which renders such inspection, and the percentage of market milk and related products which are sold or delivered within each.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 8.)

article: 4. Designation and Assignment


text: No more than one approved milk inspection service may be designated by the director for any single dairy farm which produces market milk.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 9.)

article: 4. Designation and Assignment


text: Any producer or approved milk inspection service may file with the director a written protest regarding any designation which is made pursuant to Section 33141. A petition, signed by 51 percent or more of producers of any grade of milk within the jurisdiction of any approved milk inspection service, may request the termination of the county approved milk inspection service and that instead an inspection service be established by the director. The written protest or petition shall state all the reasons for the protest or petition.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 12.)

article: 4. Designation and Assignment


text: 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 notice to any approved milk inspection service which is concerned, announce a date upon which a hearing on the protest or petition will be held.

history: (History: Amended by Stats. 1979, Ch. 917.)

article: 4. Designation and Assignment


text: 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 on any designation which is made pursuant to Section 33141 if it appears that a change in such designation may result in greater uniformity in inspection areas and eliminate duplication of effort and traveling.

article: 4. Designation and Assignment


text: After the hearing, the director may revoke, amend, or retain such designation, designate another approved milk inspection service to perform the inspection as provided in this article, or establish and conduct an inspection service unless the funds which are derived under Article 9 (commencing with Section 33291) of this chapter are inadequate to maintain a milk inspection service established by the director.

article: 4. Designation and Assignment


text:
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 milk as produced or sold under its jurisdiction.

(b) Require the use of the respective grade designations as prescribed in this division.

(c) Enforce this division in accordance with the regulations which are adopted by the director that pertain to market milk.

article: 4. Designation and Assignment


text: 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 director shall establish and conduct a milk inspection service for inspection of dairy farms. In all areas the director shall establish and conduct a milk inspection service for inspection of milk products plants, and for inspection of the facilities of distributors that obtain milk and milk products from a milk products plant not subject to the jurisdiction of the director.

history: (History: Repealed and added by Stats. 1985, Ch. 445, Sec. 14.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 5. Establishment of Inspection Service by Director


text: 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 inspection service within the limits of the other as will best carry out this division and avoid duplication.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 15.)

article: 6. Interagency Contracts

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 6. Interagency Contracts


text: As used in this article, “permit” means a permit that is issued pursuant to Section 33222.

history: (History: Amended by Stats. 2006, Ch. 584, Sec. 1.8. Effective January 1, 2007.)

article: 7. Permits

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 7. Permits


text: 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 milk inspection service that is maintained by the county designated by the secretary pursuant to this chapter for each dairy farm.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 9. (SB 1018) Effective June 27, 2012.)

article: 7. Permits


text: 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 shall be required of the producer by any other approved milk inspection service.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 10. (SB 1018) Effective June 27, 2012.)

article: 7. Permits


text: 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 milk is produced and of the herd that produces the milk.

history: (History: Amended by Stats. 2006, Ch. 584, Sec. 4. Effective January 1, 2007.)

article: 7. Permits


text: 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 shall be issued by the secretary or the designated approved milk inspection service, to the dairy farm. The permit shall be issued for a period not to exceed one year.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 11. (SB 1018) Effective June 27, 2012.)

article: 7. Permits


text: 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 for a permit, the secretary shall cause an investigation to be made of the milk products plant or place of business from which milk is distributed. If this division and the standards that are established pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary to the milk products plant or place of business. The permit shall be issued for a period not to exceed one year.

history: (History: Amended by Stats. 2006, Ch. 584, Sec. 6. Effective January 1, 2007.)

article: 7. Permits


text:
Each person, before engaging in the transportation of unpackaged market milk or unpackaged market milk products (bulk milk hauler), shall obtain a bulk milk hauler tanker permit from the secretary for each tanker that person uses in the bulk transport of unpackaged market milk or unpackaged market milk products. Upon receipt of an application for a permit, the secretary shall cause an inspection to be made of the bulk milk hauler’s tanker for which the application is made. An inspection required for the issuance of a permit shall be conducted in a uniform and efficient manner. A permit shall be issued for each tanker that is in compliance with this division and the standards that are established pursuant to this division. The permit shall be valid for not more than one year, shall be permanently affixed in a conspicuous manner on the rear frame of the tanker for which it is issued, and shall be renewed within one year from the date of issue upon payment of an annual inspection fee. The assessment of the annual inspection fee shall be based upon the actual cost of the inspection and shall be subject to verification upon the request of a permit applicant. The permit shall conform with all requirements of the United States Food and Drug Administration Coded Memorandum implementing the enforcement provisions for permitting and inspection of bulk milk tankers.

This section shall become operative upon the adoption by the United States Food and Drug Administration of the Coded Memorandum implementing enforcement provisions for permitting and inspection of bulk milk tankers. The secretary may adopt regulations necessary to implement this section.

history: (History: Amended by Stats. 2000, Ch. 115, Sec. 1. Effective January 1, 2001. Section conditionally operative by its own provisions.)

article: 7. Permits


text:
(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 permit from the secretary for each facility not attached to a licensed milk products plant or market milk dairy farm that is used in the cleaning or sanitizing of bulk milk tanker trucks.

(b) Bulk milk tanker trucks shall be cleaned or sanitized only at a facility holding a valid bulk milk tanker truck cleaning facility permit, a licensed milk products plant, or a permitted market milk dairy farm.

(c) Upon receipt of an application for a bulk milk tanker truck cleaning facility permit, the secretary shall cause an inspection to be made of the facility. If this division and the standards that are established pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary to the bulk milk tanker truck cleaning or sanitizing facility or place of business. The permit shall be issued for a period not to exceed one year.

(d) The secretary shall establish a cost-related inspection fee for the inspection and permitting of bulk milk tanker truck cleaning or sanitizing facilities not attached to a licensed milk products plant or market milk dairy farm.

history: (History: Added by Stats. 2006, Ch. 584, Sec. 7. Effective January 1, 2007.)

article: 7. Permits


text: 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 inspection of a dairy farm that produces milk within the area that is designated and assigned to that service by the secretary. Records of the cost determination shall be made and maintained by the county for examination by the secretary or other interested person.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 12. (SB 1018) Effective June 27, 2012.)

article: 8. Fees Payable to a County

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 8. Fees Payable to a County


text: 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 producers of milk that is produced at dairy farms within the area that is designated and assigned to that service by the secretary.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 13. (SB 1018) Effective June 27, 2012.)

article: 8. Fees Payable to a County


text: 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 fees collected shall be remitted to the secretary to cover the reasonable cost of administering Sections 33082, 33118, and 33119, and the oversight requirements of the National Conference on Interstate Milk Shipments.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 14. (SB 1018) Effective June 27, 2012.)

article: 8. Fees Payable to a County


text: Any fees levied by an approved milk inspection service for dairy farm inspection shall not exceed the maximum fees provided for state established inspection.

history: (History: Added by Stats. 1983, Ch. 1275, Sec. 1.)

article: 8. Fees Payable to a County


text: The cost of the inspections may include all directly related costs.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 26.)

article: 8. Fees Payable to a County


text: 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 produced on the dairy farm.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 15. (SB 1018) Effective June 27, 2012.)

article: 8. Fees Payable to a County


text: 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 shall have access to all books, papers, records, or documents that pertain to any and all transactions of any approved milk inspection service and may inspect and copy them in any place within the state.

history: (History: Amended by Stats. 2007, Ch. 130, Sec. 101. Effective January 1, 2008.)

article: 8. Fees Payable to a County


text: 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 that is levied and collected from the producer pursuant to Section 33252.

history: (History: Amended by Stats. 2007, Ch. 130, Sec. 102. Effective January 1, 2008.)

article: 8. Fees Payable to a County


text: 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 concerned, hold a hearing on the protest. The secretary may deny, postpone, or consolidate hearings for good cause. The secretary shall provide in writing the reasons for the denial, postponement, or consolidation of hearings.

history: (History: Amended by Stats. 2006, Ch. 584, Sec. 13. Effective January 1, 2007.)

article: 8. Fees Payable to a County


text: 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 of the secretary is revoked, suspended, or amended, the producer, notwithstanding any other provision of this article, is not required to pay to the approved milk inspection service any inspection fee in excess of the fee that is designated as reasonable by the secretary. The secretary shall make, and maintain, written findings upon which inspection fees are established pursuant to this section. The written findings shall be readily available to any interested person for examination.

history: (History: Amended by Stats. 2006, Ch. 584, Sec. 14. Effective January 1, 2007.)

article: 8. Fees Payable to a County


text: 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 product on any truck or other vehicle or during transportation of that milk or dairy product.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 31.)

article: 8. Fees Payable to a County


text: 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 processing, manufacture, or distribution of milk, milk products, or products resembling milk products, in the cleaning or sanitizing of bulk milk tanker trucks, or in the processing, manufacture, or freezing of ice cream, ice milk, sherbet, or any similar frozen product shall pay a cost-related inspection fee, not to exceed the reasonable costs of the services provided, to the secretary.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 16. (SB 1018) Effective June 27, 2012.)

article: 9. Fees Payable to the Secretary

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 9. Fees Payable to the Secretary


text:
(a) Every milk products plant or milk handler that purchases, or otherwise acquires possession or control of, milk directly from producers shall deduct from payments that are due producers for milk, and shall pay to the secretary, the fee, not to exceed the reasonable costs of the services provided, required to be paid by the producer.

(b) For purposes of this article, “milk handler” means any person that, as owner, agent, broker, or intermediary, receives, purchases, or otherwise acquires ownership, possession, or control of milk or manufacturing milk in unprocessed or bulk form from a producer for the purpose of manufacture, processing, sale, distribution, or other handling.

(c) For purposes of this article, “producer” means any person that operates a dairy farm as defined in Section 32505.

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 17. (SB 1018) Effective June 27, 2012.)

article: 9. Fees Payable to the Secretary


text: The inspection fee is payable during the first week of January, April, July, and October of each year.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 9. Fees Payable to the Secretary


text:
(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 her during the quarter year preceding the date the inspection fee becomes due and payable or two hundred fifty dollars ($250), whichever is greater.

(b) Notwithstanding the fee limit specified in this section for producers, the secretary may increase the inspection fee by an amount not to exceed one-half cent ($0.005) per hundredweight per annum.

(c) The secretary shall annually fix the fees at an amount not to exceed actual reasonable program costs for administration of this chapter, and may adjust the per hundredweight fee whenever he or she finds that the cost of administering the provisions of this chapter can be defrayed from revenues derived from lower rates. Any money collected by the secretary pursuant to this section shall be paid into the Department of Food and Agriculture Fund.

(d) The secretary shall charge a dairy farm all actual direct costs for initial and any followup dairy farm inspections for a facility out of compliance with the initial inspection. However, in no event shall the fee for an initial inspection exceed the limitation established in subdivisions (a) and (b).

(e) The secretary shall establish plan review fees for sanitary design and construction review activities relating to dairy farms pursuant to Chapter 5 (commencing with Section 33451).

history: (History: Repealed and added by Stats. 2012, Ch. 39, Sec. 19. (SB 1018) Effective June 27, 2012.)

article: 9. Fees Payable to the Secretary


text: 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 basis for fees established for each person specified in Section 33291 shall not include any costs for inspection functions performed by the state for milk products other than market milk products that are the same as, or substantially similar to, inspection functions performed by the United States Department of Agriculture or any other federal or state agency. Costs for inspection shall be determined from time records and audit procedures set forth in written findings pursuant to Section 33296.

history: (History: Amended by Stats. 1994, Ch. 543, Sec. 4. Effective January 1, 1995.)

article: 9. Fees Payable to the Secretary


text: The secretary shall make, and maintain, written findings upon which inspection fees are fixed pursuant to Sections 33294 and 33295. The written findings shall be readily available to any interested person for examination.

history: (History: Amended by Stats. 2006, Ch. 584, Sec. 17. Effective January 1, 2007.)

article: 9. Fees Payable to the Secretary


text:
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 fee that is levied and collected from those persons.

The secretary shall, after 30 days’ notice, hold a hearing on the protest and upon completion of the hearing, the secretary shall make and maintain written findings as to whether or not the fee is reasonable.

history: (History: Amended by Stats. 2007, Ch. 130, Sec. 103. Effective January 1, 2008.)

article: 9. Fees Payable to the Secretary


text: The secretary shall establish plan review fees for sanitary design and construction review activities relating to milk product plants and frozen milk product plants pursuant to Chapter 6 (commencing with Section 33701). The fees shall not exceed the actual direct costs required to perform sanitary design and construction plan checks. Any money collected by the secretary pursuant to this section shall be paid into the Department of Food and Agriculture Fund.

history: (History: Amended by Stats. 2006, Ch. 584, Sec. 19. Effective January 1, 2007.)

article: 9. Fees Payable to the Secretary


text: The director may authorize the inspection of dairy farms producing manufacturing milk.

history: (History: Repealed and added by Stats. 1978, Ch. 927.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 10. Inspection of Dairy Farms Producing Manufacturing Milk


text: The inspection of dairy farms producing manufacturing milk in an area to which an approved milk inspection service has been designated and assigned under the provisions of Article 4 (commencing with Section 33141) of this chapter shall be conducted by such approved milk inspection service. The inspection of dairy farms producing manufacturing milk in an established milk inspection area shall be conducted by the director.

history: (History: Added by Stats. 1978, Ch. 927.)

article: 10. Inspection of Dairy Farms Producing Manufacturing Milk


text:
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 representative of the department or of an approved milk inspection service in the enforcement of any provision of this division.

(b) Interfere with or prevent any such representative from examining or auditing any records or books in the conduct of his or her official duty. The records that are required to be made available include, but are not limited to, raw milk products purchased or received, daily production and manufacturing records, and all sales and distribution records maintained by the licensed milk products plant.

(c) Prevent or interfere with any such representative if he or she deems it advisable to secure samples of milk or any product of milk, product resembling milk products, imitation butter, or oleomargarine, or any substance which is designed to be used as a substitute for milk or any product of milk.

history: (History: Amended by Stats. 1985, Ch. 1166, Sec. 3. Effective September 28, 1985.)

article: 11. Violations

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 4. Inspection Services > 11. Violations


text: A dairy farm which is insanitary, deficient, or unsatisfactory is subject to the action provided in this chapter.

chapter: 5. Dairy Farms

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 5. Dairy Farms > 1. General Provisions


text:
(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 market manufacturing milk. However, annually on January 1 such a dairy may elect to market manufacturing milk for a 12-month period. This provision applies to a dairy cow farm that was marketing manufacturing milk on August 1, 2005, that subsequently obtains a market milk grade A permit, but does not apply if the facility is sold or leased to a new operator. A dairy cow farm that begins operation on or after January 1, 2006, shall not market manufacturing milk except as provided in this section.

(b) This section does not apply to dairy goat farms.

history: (History: Amended by Stats. 2005, Ch. 222, Sec. 2. Effective January 1, 2006.)

article: 1. General Provisions


text: 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 inspection service of any milk or cream that is contaminated or that is produced in a dairy barn or held in a milk house which is in such an insanitary condition that the milk or cream will be contaminated by direct contact with filth.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 4. Effective January 1, 1997.)

article: 1. General Provisions


text: The secretary shall establish regulations for the construction of sanitary milk barns and milk houses which are used in the production of market milk.

history: (History: Amended by Stats. 2002, Ch. 524, Sec. 1. Effective January 1, 2003.)

article: 2. New Construction or Repairs

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 5. Dairy Farms > 2. New Construction or Repairs


text: The regulations, plans, and specifications may be varied to suit the climatic and other differences in the various sections of the state. If regulations, plans, and specifications have been adopted or established by the director, they are the standard building requirements of all market milk dairy farms which are operating in the same geographical area of the state.

article: 2. New Construction or Repairs


text: 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 established by the director pursuant to the authority which is conferred upon him by this article.

article: 2. New Construction or Repairs


text: Any dairy farm building heretofore or hereafter constructed in accordance with the regulations, plans, and specifications heretofore or hereafter adopted by the director is not, however, required to be rebuilt to conform to any future change in the regulations, plans, or specifications.

article: 2. New Construction or Repairs


text: 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 building unless the owner of the building is making repairs to it to the extent of at least 75 percent of the value of such building.

article: 2. New Construction or Repairs


text: 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 which are established by this division.

article: 2. New Construction or Repairs


text:
No environmental impact report may be required by any state agency for any activity of a dairy farm, including adoption of waste discharge requirements pursuant to Division 7 (commencing with Section 13000) of the Water Code, under all of the following circumstances:

(a) When the proposed dairy will be constructed and operated in accordance with the minimum standards established under this chapter.

(b) Where the applicable local public agencies have completed all necessary reviews and approvals, including the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code, where applicable.

(c) Where a permit for construction has been issued by the appropriate local agency or agencies, and construction undertaken.

This section shall not apply to any dairy that received a permit, and undertook construction, prior to the effective date of the legislation enacting this section.

history: (History: Added by Stats. 1983, Ch. 972, Sec. 1.)

article: 2. New Construction or Repairs


text: If any provision of this article is violated by any dairy farm, the dairy farm is insanitary, deficient, and unsatisfactory.

article: 3. Dairy Farm Sanitation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 5. Dairy Farms > 3. Dairy Farm Sanitation


text: 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 feet of any milking barn, stanchions, or other place where milking is done.

article: 3. Dairy Farm Sanitation


text: 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 toilets shall be conveniently located and properly constructed, operated, and maintained, so that the waste is inaccessible to flies and does not pollute the surface soil or contaminate any water supply. No approved pit or chemical toilet, however, shall be permitted within 100 feet of the milk house or room or within 50 feet of any milking barn, stanchions, or other place where milking is done.

article: 3. Dairy Farm Sanitation


text: 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 depositories of manure in heaps or otherwise, where it is allowed to ferment and decay.

article: 3. Dairy Farm Sanitation


text: The water supply for the milk house or room and dairy barn shall be properly located, constructed, and operated, easily accessible, adequate, protected against contamination, and of safe and sanitary quality. The bacterial quality shall conform to the standards of the State Board of Health for public supplies of drinking water.

article: 3. Dairy Farm Sanitation


text: The water supply for drinking by livestock shall not be stagnant, polluted with manure, urine drainage, decaying vegetable or animal matter, or pathogenic bacteria of any source.

article: 3. Dairy Farm Sanitation


text: 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 shall be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease.

article: 3. Dairy Farm Sanitation


text: A suitable milkhouse or room, which is properly screened to exclude flies or insects shall be provided and maintained for the separating, cooling, mixing, canning, and keeping, or otherwise caring for, the milk and cream. The milkhouse or room shall contain a two-compartment wash sink. The milkhouse or room shall not be used for any other purpose. It shall not be located in, or be a part of, any building in which fowls or animals, except milking cows, are housed, or be a part of any room where milking cows are held, or a part of, or communicate with, any room or place which is used by any person for sleeping or living accommodations.

history: (History: Amended by Stats. 1967, Ch. 191.)

article: 3. Dairy Farm Sanitation


text:
The pails, cans, bottles, or other containers for milk or its products, or the strainers, coolers or other utensils, appliances, apparatus, or equipment which come in contact with the milk or its products shall be thoroughly washed and afterwards sterilized each time they are used by one of the following methods:

(a) Exposure to water vapor at a temperature of not less than 170 degrees Fahrenheit for a period of at least 15 minutes or at a temperature of not less than 200 degrees Fahrenheit for a period of at least five minutes in a steam cabinet equipped with an indicating thermometer which is located in the coldest zone.

(b) Exposure to an enclosed jet of steam for not less than one minute.

(c) Complete immersion in hot water at a temperature of not less than 170 degrees Fahrenheit for a period of at least five minutes.

(d) Exposure to a flow of hot water of a temperature of not less than 170 degrees Fahrenheit, as determined at an outlet, for a period of at least five minutes.

(e) Exposure to hot air at a temperature of not less than 180 degrees Fahrenheit for a period of at least 20 minutes in an oven or hot air cabinet which is equipped with an indicating thermometer located in the coldest zone.

(f) A chemical or other sterilization process which has been approved by the director and which is used in the manner which is established by regulation of the director.

history: (History: Amended by Stats. 1988, Ch. 160, Sec. 45.)

article: 3. Dairy Farm Sanitation


text: Multiuse containers, equipment and utensils used in the handling, storage and transportation of milk shall be made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials and shall be so constructed as to be easily cleanable. All containers, equipment, and utensils shall be in good repair. All milk pails used for handmilking and stripping shall be seamless and of the hooded type having an opening not exceeding one-third of the area of an open pail of the same size. All can lids shall cover the pouring lip so as to protect such lip from contamination.

history: (History: Repealed and added by Stats. 1967, Ch. 191.)

article: 3. Dairy Farm Sanitation


text: The containers, appliances, or equipment, after sterilization, shall be adequately dried and protected from flies, dust, and other contamination.

article: 3. Dairy Farm Sanitation


text: No container, utensil, appliance, or equipment shall be used for any purpose except the handling of milk or products of milk.

article: 3. Dairy Farm Sanitation


text: The udders, flanks, hind legs, and tails of cows or goats shall be reasonably clean during milking.

article: 3. Dairy Farm Sanitation


text: The milk or cream shall be protected from contamination by dust and flies.

article: 3. Dairy Farm Sanitation


text: 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 its products shall not be soiled and shall be washed with reasonable frequency.

article: 3. Dairy Farm Sanitation


text: The hands of milkers shall be clean and dry during the entire period of milking.

article: 3. Dairy Farm Sanitation


text: The milk or cream shall be cooled as provided in Section 35783 and so maintained until delivery to a milk products plant.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 1. Effective January 1, 2008.)

article: 3. Dairy Farm Sanitation


text: The interior of the milking barn or milk house or room shall be kept clean and free from accumulated dust and cobwebs.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 3. Dairy Farm Sanitation


text: The walls of the milking barn shall not become soiled with manure, urine, or other filth.

article: 3. Dairy Farm Sanitation


text: The feed shall not be spoiled or otherwise unfit for feeding cows or goats and the production of milk.

article: 3. Dairy Farm Sanitation


text:
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 excluded from the market. No such dairy farm, however, shall be placed on restricted use or the milk or cream from it excluded from the market, unless the exclusion is made pursuant to Section 33453, for a violation of this chapter, which, upon written notice from a qualified inspector, can be corrected and is corrected within 72 hours of the issuance of the notice.

The notice shall be served personally on the owner or operator of the dairy farm. A copy of it shall be immediately delivered or mailed to the distributors that purchase the milk or cream produced on the dairy farm.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 5. Effective January 1, 1997.)

article: 4. Violations

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 5. Dairy Farms > 4. Violations


text: 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 violation occurs during the three-month period following issuance of the original notice.

article: 4. Violations


text: 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 this chapter, shall be acted upon by the secretary or the approved milk inspection service that has jurisdiction, within three days after the receipt of the application by the secretary or approved milk inspection service.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 6. Effective January 1, 1997.)

article: 5. Reinstatement

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 5. Dairy Farms > 5. Reinstatement


text: 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 plants which is established by regulation of the director. None of the provisions for scoring as set forth herein shall be applied to a dairy farm.

chapter: 6. Milk Products Plants

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 6. Milk Products Plants > 1. General Provisions


text: 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 for the processing, manufacturing, handling, and storing of milk, or any products of milk if such milk products plant and its equipment are devoted exclusively to the preparation of products for animal and poultry feeds.

article: 1. General Provisions


text: Notwithstanding any provision of Section 33522, 33764, or 33765, containers, utensils, appliances, and equipment used for handling or bottling milk or milk products may be used for handling and bottling fruit juices or fruit juice base beverages pursuant to regulations of the director.

article: 1. General Provisions


text:
(a) (1) Sections 33701, 33731, 33732, 33733, 33734, 33767, 33768, 33770, 33771, 33776, and 34593 do not apply to the manufacture of ice cream that is manufactured from ice cream mix, to frozen dairy dessert that is manufactured from frozen dairy dessert mix, to frozen dessert that is manufactured from frozen dessert mix, to frozen yogurt that is manufactured from frozen yogurt mix, or to nondairy frozen dessert that is manufactured from nondairy frozen dessert mix, if those products are manufactured in a freezing device from which those products are served directly in a semifrozen state, without packaging of any type, for consumption on the premises in or from rooms where food is served to the public.

(2) Except for nondairy frozen dessert mix, all mixes shall be secured from a licensed manufacturer of milk products.

(3) Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, frozen dessert mix, and nondairy frozen dessert mix shall be manufactured into a semifrozen state without adulteration and freezing device salvage shall not be reused as a mix.

(b) Nondairy frozen dessert mix shall be obtained from manufacturers licensed pursuant to Sections 38931 and 38934. Any dry or condensed mix to be reconstituted into freezable form shall be reconstituted on the premises in containers or equipment that meet the requirements of Sections 33763, 33764, 33765, and 33766. Any water used for reconstitution shall be treated in a manner to ensure a quality equal to potable pasteurized water. Upon reconstitution, the product shall be poured directly into the freezing unit or refrigerated at a temperature not to exceed 45 degrees Fahrenheit, and so maintained until frozen, or both.

(c) Where any retail establishment manufactures two or more of the products provided for under this section, each of those products shall be processed in a separate freezing device, and that freezing device shall be clearly identified as to the product being manufactured therein.

(d) The secretary may, by agreement with any approved milk inspection service, authorize the service to inspect and enforce requirements of this code applicable to the establishments covered by this section. Any agreement shall provide that the approved inspection service shall collect the applicable license fee for those establishments as provided in Sections 35221 and 38933. The fees collected shall be retained by the approved service to cover its cost of enforcement, but 15 percent of the fees collected shall be remitted to the secretary to cover the cost of administration.

history: (History: Amended by Stats. 2017, Ch. 153, Sec. 1. (AB 1486) Effective January 1, 2018.)

article: 1. General Provisions


text: “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 may contain other optional safe and suitable ingredients. Frozen dairy desserts contain less than six percent, by weight, of nonfat milk solids, exclusive of any caseinates, and less than 75,000 bacteria per gram.

history: (History: Added by Stats. 1995, Ch. 150, Sec. 2. Effective January 1, 1996.)

article: 1. General Provisions


text: 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 are in compliance with all applicable health, safety, and labeling requirements, and if their labels bear a statement of identity approved by the secretary.

history: (History: Added by Stats. 1995, Ch. 150, Sec. 3. Effective January 1, 1996.)

article: 1. General Provisions


text: Notwithstanding any other provisions of this division, any wholesome agricultural food product which does not affect the flavor or quality of milk products may be manufactured in any milk products plant subject to conditions which are prescribed by the director, and upon obtaining a special permit which is issued by the director after proper investigation.

article: 1. General Provisions


text: 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 show in detail the nature of the construction or alteration have been submitted to the director and unless the plans and specifications have received the director’s approval in writing.

history: (History: Amended by Stats. 1985, Ch. 445, Sec. 41.)

article: 2. New Construction and Repairs

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 6. Milk Products Plants > 2. New Construction and Repairs


text:
Except as otherwise provided in Section 33733, minimum construction standards for new milk products plants shall include a separate room for each of the following operations:

(a) Receiving and weighing of milk or cream, and washing and sterilizing of containers in which milk or cream is received.

(b) Pasteurization, processing, cooling, and manufacturing.

(c) Washing and sterilizing bottles or cans which are used in the delivery of milk or cream to the wholesale or retail trade.

(d) Bacteriological and chemical analyses.

(e) Adequate and efficient cold storage room or rooms mechanically equipped and operated.

(f) Boiler, compressor, and other machinery.

(g) Storing of supplies.

(h) Toilets, lavatories, and lockers.

history: (History: Amended by Stats. 1977, Ch. 579.)

article: 2. New Construction and Repairs


text: 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 subdivisions (a) to (g), inclusive, of that section are not performed at a milk products plant, there need not be a separate room provided for such function.

article: 2. New Construction and Repairs


text: Whenever and wherever the functions which are specified in Section 33732 are performed, such performance shall be with equipment which is determined by the director to be stationary by nature and permanently located.

article: 2. New Construction and Repairs


text: If any provision of this article is violated by any milk products plant, the milk products plant is insanitary.

article: 3. Milk Products Plant Sanitation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 6. Milk Products Plants > 3. Milk Products Plant Sanitation


text:
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 within any of the following classes:

(a) Is impure, tainted, unclean, adulterated, or unwholesome.

(b) Has reached an advanced stage of fermentation.

(c) Shows a state of putrefactive fermentation.

(d) Contains foreign substances which are detrimental to the quality of the product manufactured from the milk or cream or the product of milk or cream.

article: 3. Milk Products Plant Sanitation


text: 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 heating them to a temperature above 200 degrees Fahrenheit, or by a chemical or other sterilization process which has been approved by the director and which is used in the manner established by regulation of the director.

article: 3. Milk Products Plant Sanitation


text: 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 emptying and before being sent out to be used again.

article: 3. Milk Products Plant Sanitation


text: 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 of milk.

article: 3. Milk Products Plant Sanitation


text: 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 of open seams, cracks, or crevices. All openings in covers of tanks, vats, separators or other equipment shall be protected by raised edges or otherwise to prevent the entrance of surface drainage. Every tank in which milk or a milk product is stored shall be equipped with an accurate thermometer. All surface coolers shall be equipped with condensate deflectors and tight-fitting shields.

article: 3. Milk Products Plant Sanitation


text: Recirculated cold water which is used in coolers and exchangers shall be obtained from a safe source and protected from contamination. Any freezing point depressant shall be nontoxic. All bottling or packaging machine supply tanks and bowls shall have covers which are constructed to prevent any contamination from reaching the inside of the filler tank or bowl. A drip deflector shall be installed on each filler valve. All conveyors which deliver sterile containers to bottling or packaging facilities shall be afforded overhead protection from contamination. Pasteurized milk and any milk product shall be conducted from one piece of equipment to another only through sanitary piping.

history: (History: Added by Stats. 1967, Ch. 191.)

article: 3. Milk Products Plant Sanitation


text: 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 so sloped that all drainage will flow to one or more points of drainage. The floors shall be readily cleanable.

article: 3. Milk Products Plant Sanitation


text: 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 to a point at least 100 feet distant from the milk products plant.

article: 3. Milk Products Plant Sanitation


text: No milk, its products, or any filth shall be allowed to accumulate, ferment, or decay upon the floor or walls.

article: 3. Milk Products Plant Sanitation


text: No species of animal life other than man shall be permitted in any building which is used in connection with any milk products plant.

article: 3. Milk Products Plant Sanitation


text: 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, apparatus, or containers of milk or milk products.

article: 3. Milk Products Plant Sanitation


text: The water supply shall be properly located and constructed so as to be easily accessible, adequately operated, and protected against contamination. The bacterial quality shall conform to standards of the State Board of Public Health for public supplies of drinking water.

article: 3. Milk Products Plant Sanitation


text: 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 permit foul odors to reach such milk products plant.

article: 3. Milk Products Plant Sanitation


text: All openings into any milk products plant shall be effectively protected against flies and insects and doors shall be self-closing.

article: 3. Milk Products Plant Sanitation


text: 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 efficiently distributed. All rooms shall be adequately ventilated.

article: 3. Milk Products Plant Sanitation


text: Tight, sound, and cleanable walls and ceilings shall be provided. The walls shall be constructed of nonabsorbent material, acceptable to the director, sufficiently above the floor to take care of any splash and to prevent the flowing or seepage of water or other fluids underneath or between the wall and the floor or supporting members.

article: 3. Milk Products Plant Sanitation


text: A suitable toilet, with self-closing door, and lavatory facilities, soap, and clean towels shall be provided for employees. A toilet shall not communicate directly with any room which is used for handling milk or its products or with any room which is used for the washing, sterilizing, and storage of containers and supplies.

article: 3. Milk Products Plant Sanitation


text: 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 time with reasonable frequency.

article: 3. Milk Products Plant Sanitation


text:
(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 operations, shall be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease.

(b) The director, in addition to the authority granted by this section and by Sections 33517, 35862, and 35892, shall require the physical examination and testing of any dairy farm workers or milk products plant employees when there is reasonable cause to believe a worker or employee could be infected with a milk-borne disease.

history: (History: Amended by Stats. 1985, Ch. 1166, Sec. 4. Effective September 28, 1985.)

article: 3. Milk Products Plant Sanitation


text: No equipment or apparatus shall be installed or maintained in such manner so as to prevent thorough and adequate cleaning of walls and floors.

article: 3. Milk Products Plant Sanitation


text: 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 requirements of this chapter. However, foods which do not affect the flavor or quality of the cheese and cheese products and are not maintained in accordance with the sanitary requirements of this chapter may be handled in such a room.

history: (History: Added by Stats. 1983, Ch. 423, Sec. 2.)

article: 3. Milk Products Plant Sanitation


text: 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 compounded. However, food which does not affect the flavor or quality of the products and which is not maintained in accordance with the sanitary requirements of this chapter may be handled in the building or structure.

history: (History: Added by Stats. 1983, Ch. 423, Sec. 3.)

article: 3. Milk Products Plant Sanitation


text:
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 not less than 145 degrees Fahrenheit and of holding it at such temperature for at least 30 minutes, except a milk product which has a higher fat content than milk, or contains added sweeteners, or both, shall be heated to at least 150 degrees Fahrenheit and held at or above this temperature for at least 30 consecutive minutes.

(b) Uniformly heating milk or a milk product to a temperature of at least 161 degrees Fahrenheit and holding it at such temperature for at least 15 seconds, except a milk product which has a higher fat content than milk, or contains added sweeteners, or both, shall be heated to at least 166 degrees Fahrenheit and held at or above this temperature for at least 15 consecutive seconds.

Each such type of heating shall be conducted in approved and properly operated equipment. The milk or milk product shall be immediately cooled to a temperature of not above 50 degrees Fahrenheit after the completion of either of such heatings.

Nothing contained in this chapter shall be construed as prohibiting any other process which has been demonstrated to be equally efficient and is approved by the director.

chapter: 8. Pasteurization

article: 1. Standards

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 8. Pasteurization > 1. Standards


text:
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 before or after packaging, in accordance with the ultra-pasteurization requirements of regulations established under the Federal Food, Drug and Cosmetic Act, so as to produce a product which has an extended shelf life under refrigerated conditions.

The installation and use of any ultra-pasteurization equipment shall be subject to the approval of the director.

history: (History: Added by Stats. 1975, Ch. 685.)

article: 1. Standards


text:
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 ripening or starting:

(a) Cream which is pasteurized for use and which is used in the manufacture of butter.

(b) Milk which is pasteurized for use and which is used in the manufacture of cheese.

article: 1. Standards


text: 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 temperature of not to exceed 165 degrees Fahrenheit and immediately cooled to a temperature of 50 degrees Fahrenheit or less. Such heat treatment shall not prevent the subsequent pasteurization of such cream.

article: 1. Standards


text: Pasteurized skim milk, which is derived from market milk and which is used for standardizing pasteurized market milk, may be repasteurized once.

article: 1. Standards


text: Market cream which has not been packaged for distribution to consumers may be repasteurized once.

article: 1. Standards


text: 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 is to be used for feeding purposes for farm animals before delivering it. Such pasteurization may be accomplished by heating the byproduct to a temperature of 145 degrees Fahrenheit and holding it at that temperature for not less than 30 minutes, or by heating it to 185 degrees Fahrenheit without holding.

article: 1. Standards


text:
(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 pasteurized milk daily from each pasteurizer to determine the presence of phosphatase enzymes in a manner approved by the director. Records of the tests shall be made and kept on file for not less than one year after they are made. The records shall at all times be open to the inspection of the director and to all state, county, and municipal officers who are required to enforce laws and ordinances regarding milk products or the public health.

(b) In the event of a positive finding pursuant to this section, the milk products plant operator shall immediately notify the department of the findings.

history: (History: Added by Stats. 1985, Ch. 1166, Sec. 2. Effective September 28, 1985.)

article: 1. Standards


text:
(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 processed and packaged unless otherwise provided in this division.

(b) This section does not apply to any of the following:

(1) Licensed milk products plants that are used exclusively for the preparation of ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert that is manufactured on the premises from ice cream mix, frozen yogurt mix, frozen dairy dessert mix, or frozen dessert mix that is supplied by a licensed milk products plant.

(2) Products sold through soft-serve establishments pursuant to Section 33704, including frozen yogurts and frozen dairy desserts.

(3) Frozen and semifrozen products sold through establishments issued a limited frozen manufacturing permit pursuant to Section 35016.

(4) Goat milk cheese produced at a licensed milk products plant, excluding cottage cheese, manufactured from curds, provided the curds were made only from goat milk that has been pasteurized, ultrapasteurized, or aseptically processed, as defined in Sections 34001, 34001.5, and 39701, respectively, at either of the following:

(A) A licensed milk products plant.

(B) A milk products plant that meets sanitation requirements substantially similar to those established by Article 3 (commencing with Section 33761) of Chapter 6, and that is registered as a food facility with the United States Food and Drug Administration in accordance with the federal Food, Drug, and Cosmetics Act (21 U.S.C. Sec. 350d).

(c) The secretary may, by regulation, provide for additional exemptions from this section.

history: (History: Amended by Stats. 2017, Ch. 153, Sec. 2. (AB 1486) Effective January 1, 2018.)

article: 1. Standards


text: Any apparatus which is used for the pasteurization of milk or any milk product shall be kept in strictly clean and sanitary condition.

article: 2. Sanitation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 8. Pasteurization > 2. Sanitation


text: Any vat, tank, or container which is used to store a milk byproduct shall be kept in a clean and sanitary condition.

article: 2. Sanitation


text: 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 the temperature to which, and the length of time for which, the pasteurized product has been heated.

article: 3. Thermometers and Temperature Records

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 8. Pasteurization > 3. Thermometers and Temperature Records


text: Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall also be equipped with an indicating thermometer.

article: 3. Thermometers and Temperature Records


text: 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 times subject to the approval of, the director.

article: 3. Thermometers and Temperature Records


text: 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 records which have been made by the recording thermometer. The records shall, at all times, be open to the inspection of the director, and all state, county, and municipal officers who are charged with the enforcement of the laws and ordinances respecting milk products or the public health.

history: (History: Amended by Stats. 1985, Ch. 1166, Sec. 5. Effective September 28, 1985.)

article: 3. Thermometers and Temperature Records


text: 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 equipment modifications, maintenance, and repairs. The records shall, at all times, be open to the inspection of the director and all state, county, and municipal officers who are charged with the enforcement of the laws and ordinances regarding milk products or the public health.

history: (History: Added by Stats. 1985, Ch. 1166, Sec. 6. Effective September 28, 1985.)

article: 3. Thermometers and Temperature Records


text: 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 “pasteurized” or any of its derivatives in connection with the sale, designation, advertising, labeling, or billing of any milk or product of milk, unless the milk and all products of milk which are contained in the milk or the product of milk, or used in its manufacture, consist exclusively of milk, skim milk, or cream which has been pasteurized.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 4. Misrepresentation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 8. Pasteurization > 4. Misrepresentation


text:
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 milk, cream or any fluid derivative of milk or cream.

(b) Fraudulently manipulate the test which is used for determining the percentage of milk fat in milk, cream, or any fluid derivative of milk or cream.

(c) Overread or underread any such test.

(d) Take an unfair sample of milk, cream, or any fluid derivative of milk or cream on which the grade, quality, or amount of milk fat in it is to be determined.

(e) Fraudulently manipulate any such sample, or the record of any measurement, weight, test, or combination of them.

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 9. Weighing, Measuring, Sampling, and Loading of Milk > 1. General Provisions


text: No tolerance in weights, measures, percentages of milk fat, moisture, or any other measure or standard is permitted, except where specific provisions are made for such a tolerance.

chapter: 9. Weighing, Measuring, Sampling, and Loading of Milk

article: 1. General Provisions


text:
(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 fluid skim milk components or both contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.

(b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director.

(c) By mutual agreement between producers and a distributor purchasing milk, cream or any fluid derivative of milk or cream from such producers, testing of such products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director or subject to his approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such plant, the director shall, by procedures established by regulations, designate an employee of the department to perform such tests, or approve a contract with an approved milk inspection service, or in the alternative the director shall designate independent testing facilities to perform such tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.

(d) The cost, for testing such milk, cream or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director shall be borne equally by the producer and distributor so affected. Provision for such joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which may be performed by the milk inspector as set forth in the contract.

(e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such products for either milk fat content or fluid skim milk components content or both may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director or subject to his approval, with an approved milk inspection service.

(f) In the event the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director may, within his discretion, and upon written application by the distributor, approve the exemption of the distributor from such daily testing requirements.

(g) The director shall require, by regulations, testing of packaged fluid products to be performed by such methods as to provide results consistent with, and comparable to, the testing of the raw product.

history: (History: Amended by Stats. 1973, Ch. 869.)

article: 2. Basis for Payment

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 9. Weighing, Measuring, Sampling, and Loading of Milk > 2. Basis for Payment


text: 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 written permit which authorizes the purchase and sale of milk, cream, or any fluid derivative of milk or cream upon a gallonage basis.

article: 2. Basis for Payment


text: 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 purchase and sale of market milk which is obtained from goats on a gallonage basis without the permit provided for in Section 34232.

article: 2. Basis for Payment


text: 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 the amount of milk fat or the fluid skim milk components or both that is contained in it, shall be made by a licensed tester on a standard form which is in accordance with the specifications for such record which are adopted by, the department.

history: (History: Amended by Stats. 1969, Ch. 537.)

article: 3. Milk Tests

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 9. Weighing, Measuring, Sampling, and Loading of Milk > 3. Milk Tests


text: The director shall, by regulation, adopt methods and procedures for the testing, weighing, and measuring of milk components and for the recording and reporting of such testing.

history: (History: Added by Stats. 1978, Ch. 824.)

article: 3. Milk Tests


text: 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 derivative of milk or cream.

article: 3. Milk Tests


text: 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 after completing the test on the day’s samples, in a box which is provided by the purchaser, receiver, or seller of milk, cream, or fluid derivative of milk or cream, as the case may be. The box shall be constructed, sealed, and maintained in accordance with the regulations of the director.

article: 3. Milk Tests


text: 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, and shall be retained by him for at least three months.

article: 3. Milk Tests


text: 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 which is specified in regulations adopted by the director after tests of milk or cream have been made. The purchaser, receiver, or seller of milk or cream or fluid derivative of milk or cream shall provide a suitable place where the samples which are retained by the tester may be kept. Such place shall be acceptable to the department.

article: 3. Milk Tests


text:
(a) The secretary shall supervise the weighing, measuring, sampling, bacteriological testing, and sanitary loading and unloading of bulk milk delivered to handlers.

(b) Notwithstanding any other provision of this division, the secretary may, in order to effectuate the purposes of this article, assess all producers, producer-handlers, and handlers a fee which shall be used for the supervision of, and checking the corrections of, bacteriological tests, and the weighing, measuring, sampling, and sanitary loading and unloading of all bulk milk delivered to handlers.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 6. (AB 590) Effective January 1, 2020.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 9. Weighing, Measuring, Sampling, and Loading of Milk > 4. Testing, Weighing, Sampling, and Loading


text:
For purposes of this article, the following definitions apply:

(a) “Handler” means a person who, as owner, agent, broker, or intermediary, receives, purchases, or otherwise acquires ownership, possession, or control of milk in unprocessed or bulk form from a producer for the purpose of manufacturing, processing, selling, distributing, or other handling.

(b) “Producer” means a person who operates a dairy farm.

(c) “Producer-handler” means a person who is both a producer and a handler.

history: (History: Added by Stats. 2019, Ch. 304, Sec. 7. (AB 590) Effective January 1, 2020.)

article: 4. Testing, Weighing, Sampling, and Loading


text:
(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 sum not to exceed one-tenth of one cent ($0.001) per hundredweight of milk. The amount of the assessment deducted shall be paid to the secretary on or before the 45th day following the last day of the month during which the milk was received.

(b) A handler that purchases or handles milk from producers, including the handler’s own production, if any, shall pay a fee not to exceed five-hundredths of one cent ($0.0005) per hundredweight of milk. The amount of the fee shall be paid to the secretary on or before the 45th day following the last day of the month in which the milk was received.

(c) Notwithstanding the assessment and fee limits in subdivisions (a) and (b), the secretary may increase the amount of the assessment in subdivision (a) and the fee in subdivision (b) by an amount not to exceed one-hundredth of one cent ($0.0001) per hundredweight per annum.

history: (History: Amended by Stats. 2019, Ch. 304, Sec. 8. (AB 590) Effective January 1, 2020.)


text:
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 required by Section 34301. These costs shall be determined annually from time records and audit procedures set forth in written findings. The written findings shall be available to interested persons for examination.

The director may fix the rate of assessments or fees required by Section 34302 at lesser amounts and may adjust the rates of assessments or fees from time to time whenever he or she finds that the costs of administering this article can be defrayed from the revenues derived from lower rates. However, the rate of assessment deducted from the payments to producers for market milk, including the handler’s own production, and the rate of fees paid by handlers shall at all times be in the ratio of 2 to 1.

The amount of the fee shall be paid to the director on or before the 45th day following the last day of the month in which the market milk was received.

history: (History: Added by Stats. 1985, Ch. 627, Sec. 2.)


text:
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 upon the date set forth in Section 34302. If the person does not pay the assessment or fee by the required date, the director may file a complaint against the person in a court of competent jurisdiction for the collection of the assessment or fee.

If any person does not pay to the director the assessments or fees provided in this article on or before the due date specified in Section 34302, the director may add to the unpaid assessments or fees an amount not exceeding 10 percent of the unpaid assessments or fees.


text:
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 fees to recover the actual cost of examining Babcock test bottles, Babcock pipettes, and lactometers.

history: (History: Amended by Stats. 1977, Ch. 331.)

article: 6. Fees

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 9. Weighing, Measuring, Sampling, and Loading of Milk > 6. Fees


text: 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 sufficient to cover the actual cost of such examination.

history: (History: Amended by Stats. 1971, Ch. 715.)

article: 6. Fees


text: Any money which is received under this article shall be paid into the Department of Food and Agriculture Fund.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 48.)

article: 6. Fees


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

chapter: 10. Containers

article: 1. Definitions and General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 10. Containers > 1. Definitions and General Provisions


text: “Association” includes nonstock corporations.

article: 1. Definitions and General Provisions


text: “Single service container” means a container which is used only once and is not refilled.

article: 1. Definitions and General Provisions


text: “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 products. “Container,” as used in this chapter, includes a “milk case.”

history: (History: Added by Stats. 1981, Ch. 620, Sec. 2.)

article: 1. Definitions and General Provisions


text: This chapter applies to all brands which have been registered with the department.

history: (History: Added by renumbering Section 34504 by Stats. 1981, Ch. 620, Sec. 1.)

article: 1. Definitions and General Provisions


text: Any person or association located in California that is engaged in receiving, producing, manufacturing, packing, canning, bottling, handling, or selling milk or any product of milk in containers, cabinets, or other dairy equipment which is marked or otherwise identified with the name of the person or association or with any fictitious or other name or word or with any mark or device whatsoever, and any association or corporation, the members or directors of which are so engaged, may, and as to milk cases shall, file with the department a description of the name or word, mark, or device which is so used, and an application for registration of it as a brand. The application shall be accompanied by a fee of ten dollars ($10) for each separate brand.

history: (History: Amended by Stats. 1981, Ch. 620, Sec. 3.)

article: 2. Brand Registration

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 10. Containers > 2. Brand Registration


text: There shall be included as a part of each brand the words, “Registered in California” or the abbreviation “Reg. Cal.”

article: 2. Brand Registration


text: 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 in the locality in which the principal place of business of the applicant is situated.

article: 2. Brand Registration


text: 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 unless the prior registrant gives his written consent to the subsequent registration.

article: 2. Brand Registration


text: 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 of prior ownership in such brand. When such right of prior ownership is determined, the director shall refuse to register, or shall cancel the registration of, any duplicate or similar brand.

article: 2. Brand Registration


text: 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 payment of a renewal fee of five dollars ($5). The renewal shall be made on forms which are supplied by the director.

history: (History: Amended by Stats. 1977, Ch. 475.)

article: 2. Brand Registration


text: If renewal of any certificate is not made within 60 days after the expiration of the certificate, such certificate becomes null and void.

article: 2. Brand Registration


text: 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 which is registered pursuant to this chapter shall, return it to the owner or his or her agent. If the finder is unable to locate the owner or his or her agent, he or she shall, notify the director in writing that he or she has in his or her possession the container, cabinet, or other dairy equipment and particularly describe in the notice the trademark or brand which is upon the container, cabinet, or other dairy equipment.

history: (History: Amended by Stats. 1982, Ch. 1063, Sec. 1.)

article: 3. Branded Containers

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 10. Containers > 3. Branded Containers


text: 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 or by other lawful means, and that has the written consent of the registrant of such brand to use it on the particular container, cabinet, or other dairy equipment which is acquired, or to use such brand on containers generally, shall so notify the department. He shall not thereafter be required again to file and publish the description but shall acquire as a part of such purchase all such benefit as the vendor had under this code as to the particular containers, cabinets, or other dairy equipment so acquired or as to containers generally, dependent on the form of such written consent.

article: 3. Branded Containers


text: 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 director a copy of the bill of sale or other documentary evidence which supports such purchase.

article: 3. Branded Containers


text:
An “unauthorized person” with respect to possession of containers (including milk cases), cabinets, or other dairy equipment marked with a brand that is registered pursuant to this chapter includes any person in possession of this equipment except the following:

(a) The brand registrant or owner.

(b) A person in possession in compliance with the provisions of Sections 34561 or 34562.

(c) A person who, with the consent of the brand registrant or any other authorized person, has temporary possession of branded containers (including milk cases) as a result of the purchase of milk or milk products packaged and transported in the containers.

As to any containers (including milk cases), cabinets, or other dairy equipment marked with a brand registered pursuant to this chapter, the following acts are punishable under the provisions of Chapter 12.6 (commencing with Section 565) of Title 13 of Part 1 of the Penal Code:

(a) Possession or use of the branded containers, cabinets, or other dairy equipment by an unauthorized person.

(b) Obliteration of the registered brand on the containers, cabinets or other dairy equipment, except by the owner thereof or the brand registrant.

history: (History: Repealed and added by Stats. 1982, Ch. 1063, Sec. 3.)

article: 3. Branded Containers


text: 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 container, cabinet, or other dairy equipment, requires a deposit for security for its safekeeping and return, it does not constitute a sale, optional or otherwise, of the container, cabinet, or other dairy equipment.

history: (History: Enacted by Stats. 1967, Ch. 15.)

article: 3. Branded Containers


text: 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 registered owner for pickup, upon receipt of payment for any case deposit which the distributor in possession may have paid for the case.

history: (History: Added by Stats. 1981, Ch. 620, Sec. 4.)

article: 3. Branded Containers


text: 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 dairy drink, buttermilk, or cultured buttermilk to the retail trade, unless the product is contained in a standard milk bottle or in a single service container which has been mechanically filled and capped or sealed in a milkroom which is properly designed and equipped as approved by the director. The pouring lip of standard milk bottles used to package market milk and milk products sold at retail shall be covered at the time of capping or closure to at least its largest diameter by the cap or cover. A single service container shall meet the specifications of the United States Public Health Service Grade A Pasteurized Milk Ordinance Recommendations.

history: (History: Amended by Stats. 1989, Ch. 203, Sec. 1.)

article: 4. Containers for Particular Products

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 10. Containers > 4. Containers for Particular Products


text:
Market milk which is served by any school, hospital, hotel, boardinghouse, restaurant, soda fountain, lunch counter, or other places where food or drink is served to the public, shall be served in the individual service bottle or container which has been filled and capped or sealed in a milk room, properly designed and equipped as approved by the director, the cap or seal of which shall not be removed except in the presence of the consumer or patron. This section does not:

(a) Apply to market cream or half-and-half.

(b) Prohibit the serving of homogenized market milk from a milk dispensing device which has been approved for such use by the director pursuant to Section 34594.

(c) Apply to any private boarding school which is licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code which is also a private full-time day school within the meaning of Section 48222 of the Education Code.

(d) Apply to any fraternity, sorority, dormitory or eating club, the existence of which is authorized or approved by the board of trustees or other governing agency of a college or university.

(e) Apply to any children’s center, day care program, or preschool program, as such terms are used in Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code.

history: (History: Amended by Stats. 1979, Ch. 373.)

article: 4. Containers for Particular Products


text:
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 standard milk bottles or single service containers which have been filled and sealed or capped in a milk products plant.

This section does not prohibit the use of homogenized market milk or flavored dairy drinks drawn from a milk dispensing device that is approved pursuant to Section 34594 in the preparation of milk shakes or other mixed milk drinks.

history: (History: Amended by Stats. 1968, Ch. 610.)

article: 4. Containers for Particular Products


text: 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 milk-dispensing device shall be installed and located in a place and manner which are acceptable to the local health authority.

article: 4. Containers for Particular Products


text: 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 the dispensing device into the glass or other container from which the customer drinks the milk. It shall be served in minimum quantities of eight ounces in each such glass or container, except that individual servings of less than eight ounces may be served with children’s or junior meals which are sold in a restaurant, as defined in Section 28522 of the Health and Safety Code.

history: (History: Amended by Stats. 1981, Ch. 72, Sec. 1.)

article: 4. Containers for Particular Products


text: 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 9 (commencing with Section 6204l) of Chapter 2 of, Part 3, Division 20 of this code.

article: 4. Containers for Particular Products


text: 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, buttermilk, or any combination of them for consumption on the premises, upon emptying any container of such a product, which container is to be returned to the milk distributor or manufacturer, shall rinse and drain the container, unless it is a glass container.

article: 5. Sanitation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 10. Containers > 5. Sanitation


text: 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 to such retailer or distributor shall be rinsed and drained before it is returned.

article: 5. Sanitation


text: 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 sound, smooth, free from rust or open seams, and at all times kept in a condition which shall permit thorough cleansing of all surfaces with which the milk or its products come in contact.

article: 5. Sanitation


text: 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 milk or cream shall be used exclusively for the storage and use of milk and milk products. It shall not be used for any other purpose.

article: 5. Sanitation


text: 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 in a clean, sanitary, and sterile condition. It shall not be used for any other purpose.

article: 5. Sanitation


text: Every receptacle, except a single service container, which is used to contain market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to the retail trade, shall be properly washed and sterilized on the premises where it is filled, in a separate room which is designed and equipped for such washing and sterilizing.

article: 5. Sanitation


text: 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 is actually filled with milk, skim milk, buttermilk, or cultured buttermilk.

article: 5. Sanitation


text: 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 upon any highway, any street or sidewalk, or upon any vehicle or in any place except a milk room as specified in Section 34591 or in a place where such product is served for consumption on the premises.

article: 5. Sanitation


text: 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 the brand which appears upon it is registered pursuant to this chapter.

article: 6. Violations

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 10. Containers > 6. Violations


text: 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 association which is the registrant, to use or fill with milk or any product of milk, any container, cabinet, or other dairy equipment, which is marked or distinguished with a brand, of which a description has been filed and published.

article: 6. Violations


text:
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 receiving his approval.

(b) Sell, buy, give, take, or otherwise traffic in such containers, cabinets, or other dairy equipment, except as provided in Section 34562.

article: 6. Violations


text:
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 to and from dairy farms, to receive or transport any empty container, cabinet, or other equipment which is marked with a brand registered pursuant to this chapter unless such carrier has in its possession a bill of lading or invoice which shows all of the following:

(a) The name and address of the consignor.

(b) The name and address of the consignee.

(c) The number of containers, cabinets, or other equipment and the brand which appears upon them.

article: 6. Violations


text: 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 to derogate from any powers or authority of the Public Utilities Commission of this state.

article: 6. Violations


text: 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 appropriate manner. Such a container shall not be used again in connection with the handling of milk or any product of milk for human consumption, until it has been cleaned or repaired in a manner which is acceptable to the director.

article: 7. Condemnation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 10. Containers > 7. Condemnation


text: Every carrier of milk, cream, or any product of milk, whether a producer, gratuitous private carrier, private carrier for hire, or common carrier, shall maintain every conveyance which it uses in transporting milk and cream in a clean and sanitary condition.

chapter: 11. Transportation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 11. Transportation


text: 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 where any such container is held while waiting shipment, shall either be enclosed or provided with a canvas covering or otherwise afforded protection from the direct rays of the sun, from warm air, dust, mud, rain, and other sources of contamination.


text: 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 flavor or which may contaminate it. Milk, cream, or any empty container which is used for milk or cream shall not be hauled in any vehicle which is used for hauling manure or garbage or in any other unclean conveyance.


text: 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 milk, shall be kept right end up.


text: Nothing herein shall be construed to derogate from any powers or authority of the Public Utilities Commission of the state.

history: (History: Enacted by Stats. 1967. Ch. 15.)


text: 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 transport any milk, cream, or product of milk after notification by the director or an approved milk inspection service that such product is unclean, polluted, tainted, unwholesome, stale, impure, or adulterated, or has been produced in violation of any provision of this code, except as provided for in Section 32764.


text: Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

chapter: 12. Licenses, Records, and Reports

article: 1. Definitions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 1. Definitions