text: “Milk products plant license” means a license which is issued by the director pursuant to Section 35015 for a milk products plant.

history: (History: Amended by Stats. 1983, Ch. 423, Sec. 5.)

article: 1. Definitions


kind: section

code: FAC

text: Every license which is issued pursuant to this chapter, while in force, shall be kept conspicuously displayed in the place of business of the party to whom it has been issued.

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

division: 15. MILK AND MILK PRODUCTS ACT OF 1947

part: 1. GENERALLY

chapter: 12. Licenses, Records, and Reports

article: 2. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 2. General Provisions


text:
A person shall not engage in any of the following businesses unless he has obtained a license from the director for each separate milk products plant or place of business:

(a) Dealing in, receiving, manufacturing, freezing, or processing milk, or any product of milk.

(b) Manufacturing, freezing, or processing imitation ice cream or imitation ice milk.

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 3. Licensing of Milk Products Plants and Other Places of Business


text:
An application for a milk products plant license shall be made on a form which is prescribed by the director. It shall state all of the following:

(a) The name and address of the applicant.

(b) The address of the milk products plant.

(c) Such other information as to the nature of the applicant’s business as the director may require.

article: 3. Licensing of Milk Products Plants and Other Places of Business


text: Each application shall be accompanied by a fee in an amount which is established for the particular license by Section 35221.

history: (History: Amended by Stats. 2004, Ch. 460, Sec. 11. Effective January 1, 2005.)


text: Upon receipt of an application for a milk products plant license, the director shall investigate the equipment and the sanitary condition of the milk products plant for which the application for a license has been made.


text: If the condition of the milk products plant is found to be satisfactory, a milk products plant license shall be issued by the director to the applicant.


text:
(a) Except as provided in subdivision (b), any hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures a product of milk for the use of, or purchase by, any patron, guest, patient, or employee shall obtain a milk products plant license.

(b) (1) A hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures hard frozen or semifrozen dairy products, or hard frozen or semifrozen nondairy desserts, for the use of, or purchase by, any patron, guest, patient, or employee shall obtain a limited frozen manufacturing permit from the secretary.

(2) The permit may be issued only after the secretary determines that the facility is suitable for manufacturing those products.

(3) A permit issued pursuant to this subdivision may be renewed annually, if the facility is found by the secretary, based on an onsite evaluation, to be in compliance with the conditions specified in subdivision (c).

(c) A hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency issued a limited frozen manufacturing permit pursuant to this section shall meet all of the following standards:

(1) The hard frozen and semifrozen products manufactured shall only be sold directly to purchasers on the premises of the permitted facility for the purpose of consumption. A hard frozen or semifrozen product manufactured pursuant to the limited frozen manufacturing permit shall not be sold for wholesale or resale.

(2) All dairy ingredients used in the manufacture of hard frozen and semifrozen products shall have been prepasteurized at a licensed milk products plant. The receiving, processing, use, or handling of raw dairy ingredients is not permitted in a facility issued a limited frozen manufacturing permit.

(3) Adequate facilities, consistent with recognized good manufacturing practices for the manufacture of hard frozen and semifrozen dairy products, as determined by the secretary, shall be provided as a condition of the limited frozen manufacturing permit. The facilities shall include, but not be limited to, adequate utensil and container washing, sanitization and storage, and sufficient sanitary work areas, including handwashing facilities, dedicated to the manufacture of hard frozen and semifrozen dairy products or hard frozen and semifrozen nondairy desserts. Sanitation standards consistent with good manufacturing and handling practices for retail food establishments in conformance with Part 117 (commencing with Section 117.1) of Title 21 of the Code of Federal Regulations shall be utilized by the secretary as a condition for issuance and renewal of the limited frozen manufacturing permit.

(4) The hotel, restaurant, boardinghouse, hospital, or other concern or agency shall not manufacture more than 7,500 gallons of hard frozen or semifrozen dairy products and hard frozen and semifrozen nondairy desserts during any year. Records documenting the volume of production of these hard frozen and semifrozen products manufactured during the preceding 12-month period shall be maintained at a facility issued a limited frozen manufacturing permit and shall be available for inspection by the secretary.

(5) Hard frozen dairy products or nondairy frozen desserts manufactured at a facility issued a limited frozen manufacturing permit may be packaged exclusively for sale on the premises to patrons and guests. Packaging of frozen or semifrozen products for purposes of wholesale, resale, or for sale off the premises of the facility is prohibited. All packaged products shall be labeled with the manufacturer’s name, address, and limited frozen manufacturing permit number and comply with all applicable food labeling provisions of state and federal law.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 76. (SB 1289) Effective January 1, 2019.)


text:
This article does not apply to any of the following:

(a) Any private home that is manufacturing for its own use.

(b) Any retailer that is dealing in finished products which are received from a distributor or producer in final form.

(c) Any producer that is selling milk and cream exclusively at wholesale for manufacturing, freezing, or processing milk and milk products.

(d) Any producer whose business consists exclusively of producing and distributing raw market milk produced by such producer.


text: Every milk products plant license expires at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year or such part of the month as may be necessary for the renewal of such license by the director.


text: Any license may be renewed each successive year, if the plant for which a previous license was issued and the business of such plant has been conducted in accordance with the requirements of this division during the year next preceeding that for which the renewal is requested. The correct amount of the fee for the renewal of the license shall be forwarded with the application for renewal.


text: A person shall not engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix unless, in addition to a milk products license, such person has obtained and holds a diabetic or dietetic frozen milk products license from the director.

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 4. Diabetic and Dietetic Frozen Milk Products Licenses


text: Each application for a license to engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix shall be accompanied by a statement which describes the method and manner by which the product is made.

article: 4. Diabetic and Dietetic Frozen Milk Products Licenses


text:
A person shall not engage in the business of manufacturing, preparing, or processing modified UHT milk, modified UHT cream or modified milk unless, in addition to the milk products plant license, the person has obtained and holds a modified milk license, modified UHT milk license, or a modified UHT cream license, as the case may be, from the director.

Separate licenses are required for modified milk, modified UHT milk, and modified UHT cream.

history: (History: Amended by Stats. 1987, Ch. 646, Sec. 4. Effective September 15, 1987.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 5. Modified Milk, Modified UHT Milk, and Modified UHT Cream Licenses


text: Upon receipt of an application for a modified milk license, modified UHT milk license, or modified UHT cream license, the director shall investigate the equipment and sanitary conditions of the place where the modified milk, modified UHT milk, or modified UHT cream is to be manufactured or prepared, and provide the applicant with a copy of the laws of the state which pertain to the product. If the condition of the place is found to be satisfactory, and the special fee for the license which is prescribed by Section 35225 is paid by the applicant, the license shall be issued. A modified milk license, modified UHT milk license, or modified UHT cream license shall normally expire on the 31st day of December of each year.

history: (History: Amended by Stats. 1987, Ch. 646, Sec. 5. Effective September 15, 1987.)

article: 5. Modified Milk, Modified UHT Milk, and Modified UHT Cream Licenses


text:
It is unlawful for any person, unless he has a license to do so, to engage in the business of manufacturing, freezing, or processing any of the following:

(a) Oleomargarine, or margarine, colored oleomargarine or colored margarine, renovated butter, or a substitute for butter.

(b) Imitation ice cream or imitation ice milk.

history: (History: Amended by Stats. 1980, Ch. 790.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 6. Oleomargarine and Imitation Ice Cream Licenses


text: A person shall first apply each year to the director for a license to engage in any business or occupation for which a license is required by Section 35101. Upon payment of the license fee which is prescribed in Section 35226, the director shall issue a license to engage in the business for which the license is issued. Separate licenses are required for each such business or occupation.

article: 6. Oleomargarine and Imitation Ice Cream Licenses


text: Every license which is issued pursuant to Section 35102 expires on June 30th of each year, and may be issued in periods of one year.


text: A person shall not engage in the business of cutting and wrapping butter unless such person, in addition to the milk products plant license, has a butter cutting and wrapping permit.

article: 7. Butter Permits and Licenses

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 7. Butter Permits and Licenses


text: Every person that distributes butter which is received in packaged form direct from out-of-state points shall obtain a butter distributor’s permit from the director for each plant or place of business.

article: 7. Butter Permits and Licenses


text: Every butter cutting and wrapping permit and butter distributor’s permit expires at the end of each calendar year. A permit may be renewed each successive year, if the plant for which the previous permit was issued and the business has been conducted in accordance with the requirements of this division during the year next preceding that for which renewal is requested.

article: 7. Butter Permits and Licenses


text: Every person who is in charge of cutting, wrapping, packaging, or distributing butter, or any supervisor of any such person who is responsible for the grading of butter, shall obtain and hold a butter grader’s license.

article: 7. Butter Permits and Licenses


text: Application for such license shall be made to the director who shall examine each applicant as to his qualifications and knowledge of butter grades and of the law applicable to him. The fee for a butter grader’s license shall accompany the application.

article: 7. Butter Permits and Licenses


text: Every butter grader’s license expires on the 31st day of December. It may be renewed by payment of the renewal fee for a butter grader’s license.

article: 7. Butter Permits and Licenses


text: The licensing provisions of this article also apply to butter which is received in package form from out-of-state points.

article: 7. Butter Permits and Licenses


text: Every person who tests milk, cream, or any fluid derivative of milk or cream, which is purchased, received, or sold on the basis of milk fat which is contained in it, shall hold a tester’s license.

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers


text: Methods or processes of testing shall be approved by the director. A separate license is required for each of the methods or processes of testing.

article: 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers


text: Every person, except a licensed tester, who takes any sample of milk, cream, or any fluid derivative of milk or cream, which is purchased, received, or sold on the basis of milk fat which is contained in it, on which sample tests are to be made as a basis of payment, and every person who weighs or measures milk, cream, or any fluid derivative of milk or cream, shall hold a sampler’s and weigher’s license if the weight or measure is to be used as the basis of payment.


text: If one person does both sampling and weighing or measuring, only one license is required.


text: Any person who takes any sample of milk, cream, or any fluid derivative of milk or cream for testing shall hold the sample in an unchanged condition until it is delivered to a licensed tester.


text: Every person who makes any bacteriological determination of milk or cream which is to be used as a basis of payment or determining value shall hold a technician’s license.


text: Every person who operates any equipment wherein milk or any product of milk is pasteurized shall hold a pasteurizer’s license. The pasteurizer’s licenses shall be known as general and limited licenses. The general license shall apply to pasteurization by all of the approved methods or processes of pasteurization, and the limited license shall apply only to the pasteurization by the process or method known as the holding or vat method.


text: Every person who tests any milk or cream purchased, received, or sold on the basis of the nonfat milk solids contained in it shall hold a nonfat milk solids tester’s license.


text: An application for a tester's, sampler’s and weigher's, technician's, pasteurizer's, or nonfat milk solids tester’s license shall be made to the director. The director shall examine each applicant for the license that is applied for as to the applicant’s qualifications and knowledge of the law applicable to him. Each application shall be accompanied by the fee which is prescribed for the license by Section 35231.


text: Every license that is issued pursuant to Article 7 (commencing with Section 35131) and this article expires two years from the date of issue. License renewal fees must be received within 90 days of the license expiration date for renewals to be issued. Each licensee required to be licensed pursuant to Section 35163 must, within six months prior to the expiration of the license, successfully complete a refresher course and proficiency evaluation acceptable to the secretary. Licenses may then be renewed for two-year periods upon payment of the fee which is prescribed by Section 35231.

history: (History: Amended by Stats. 2004, Ch. 457, Sec. 1. Effective January 1, 2005.)


text: Every person that manufactures or imports any oleomargarine or margarine, or any substance designed as a substitute for butter, or that resembles butter, which is not made wholly from pure milk or cream, or any product resembling a milk product, shall keep a record, which gives the quantity that is sold or purchased, the name and location of the seller and purchaser, the date, and the place to which it was shipped or delivered.

history: (History: Amended by Stats. 1968, Ch. 1250.)

article: 9. Reports and Records

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 9. Reports and Records


text: All records which are required to be kept by Sections 35191 and 35192 shall, at all times during business hours, be open to the inspection of the director, any officer of any city or county board of health, and any peace officer of any city or county of the state. A failure to keep any of the records which are required to be kept or a failure to permit any authorized inspection of such records is a misdemeanor.

article: 9. Reports and Records


text: Every manufacturer of oleomargarine shall submit to the director at the end of each month a report of the amount of oleomargarine which such person sold or distributed.

article: 9. Reports and Records


text: Every person that holds a butter cutting and wrapping permit or a butter distributor’s permit shall, on or before the fifth day of those months in which a fee is due pursuant to Section 35227 or 35228, file with the director a statement which shows the exact number of pounds of butter cut, wrapped, packaged, or distributed by such person during the preceding three months.

article: 9. Reports and Records


text:
(a) Every person that is engaged in the business of dealing in, receiving, manufacturing, freezing, or processing ice cream, ice milk, sherbet, or any similar frozen product, of manufacturing, freezing, or processing imitation ice cream, imitation ice milk, or any similar frozen product, or of processing any other dairy product for which a license is required, shall pay the following fees:

(1) For a license for all frozen milk products and all imitation frozen milk products, one hundred dollars ($100) for the calendar year for which the license is issued. The fee for the renewal of this license is one hundred dollars ($100), plus one dollar ($1) for each additional 10,000 gallons or fraction of 10,000 gallons over and above 20,000 gallons that were manufactured during the preceding year, ending December 31.

(2) For a semifrozen (soft-serve) milk products plant license issued to persons making application under Section 33704, three hundred twenty-five dollars ($325) for the calendar year for which the semifrozen (soft-serve) milk products plant license is issued. The fee for the renewal of this license is three hundred twenty-five dollars ($325).

(3) For a limited frozen manufacturing permit issued to a hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency pursuant to Section 35016, six hundred dollars ($600) for the initial permit. The fee for the annual renewal of this permit shall be six hundred dollars ($600).

(4) For a person, except a hospital or sanitarium, that is engaged in the business of manufacturing any diabetic or dietetic frozen milk product or mix, one hundred dollars ($100) for the calendar year for which a diabetic or dietetic frozen milk products license is issued. The fee for the renewal of this license is one hundred dollars ($100).

(5) For any other product for which a license is required, one hundred dollars ($100) for the calendar year for which the license is issued. The fee for the renewal of this license is one hundred dollars ($100), plus one dollar ($1) for each additional 10,000 pounds or fraction of 10,000 pounds over and above the first 100,000 pounds of milk fat that was purchased or received during the preceding year, ending December 31.

(b) The license and permit fees required by this section shall be prorated on a quarterly basis for any licensee or permittee that commences operations after the first quarter in any calendar year, regardless of whether or not the milk products plant was licensed or permitted during the preceding calendar year.

(c) Notwithstanding the license and permit fees specified in this section, the secretary may increase the fees by an amount no more than 3 percent per annum, not to exceed the reasonable costs of services provided.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 77. (SB 1289) Effective January 1, 2019.)

article: 10. Fees

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 10. Fees


text: The special fee for a modified milk license, modified UHT milk license, or modified UHT cream license is one hundred dollars ($100).

history: (History: Amended by Stats. 1987, Ch. 646, Sec. 6. Effective September 15, 1987.)

article: 10. Fees


text: The fee for issuing the license required by Section 35101 for any manufacturer or processor within this state is one hundred dollars ($100) annually.

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

article: 10. Fees


text: Every permittee that is engaging in the business of cutting and wrapping butter shall pay a fee of one dollar ($1), plus twenty cents ($0.20) for each 1,000 pounds, or part of 1,000 pounds, over and above the first 5,000 pounds of butter which such person cut and wrapped during each of the three-month periods ending February 28th, May 31st, August 31st, and November 30th. Such fees shall be paid to the director during the first week of March, June, September, and December, respectively.

article: 10. Fees


text: Every person that has a permit to engage in the business of distributing butter shall pay a fee of one dollar ($1), plus twenty cents ($0.20) for each 1,000 pounds, or part of 1,000 pounds, over and above the first 5,000 pounds of butter which such person distributed during each of the three-month periods ending February 28th, May 31st, August 31st, and November 30th. Such fees shall be paid to the director during the first week of March, June, September, and December, respectively.

article: 10. Fees


text: The fees which are required by Sections 35227 and 35228 do not apply to United States government owned butter which is cut and wrapped in this state or to butter which is cut and wrapped in this state for export to points outside the continental United States.

article: 10. Fees


text:
The initial and renewal fees for a tester’s, sampler’s and weigher’s, technician’s, pasteurizer’s, and butter grader’s license are as follows:

(a) For a tester’s license, including a nonfat milk solids tester, one hundred dollars ($100).

(b) For a sampler’s and weigher’s license, one hundred dollars ($100).

(c) For a limited sampler’s and weigher’s license, seventy-five dollars ($75).

(d) For a technician’s license, one hundred dollars ($100).

(e) For a pasteurizer’s license, one hundred dollars ($100).

(f) For a butter grader’s license, one hundred dollars ($100).

history: (History: Amended by Stats. 2012, Ch. 39, Sec. 21. (SB 1018) Effective June 27, 2012.)

article: 10. Fees


text: The director, at least once each month, shall report to the Controller the total amount of any money which is collected under Section 35221. He or she shall, at the same time, pay into the State Treasury the entire amount of the receipts which shall be credited to the Department of Food and Agriculture Fund and expended as provided in Section 32704.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 49.)

article: 11. Disposition of Funds

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 12. Licenses, Records, and Reports > 11. Disposition of Funds


text: The director shall, at least once each month, report to the State Controller the total amount of any money which is collected for fees under Sections 35227 and 35228. He shall, at the same time, pay into the State Treasury the entire amount of such receipts which shall be credited to the Department of Agriculture Fund and expended in carrying out the provisions of this division relating to butter.

article: 11. Disposition of Funds


text: Any violation of any provision of this division, or the regulations for its enforcement, is a misdemeanor. Unless a different penalty is specifically prescribed, it is punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than 10 days nor more than 90 days, or by both.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 118. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

chapter: 13. Penalties

article: 1. Criminal Penalties

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 13. Penalties > 1. Criminal Penalties


text: Offering physical resistance or bodily attack on authorized representatives of the department or of an approved milk inspection service, who are engaged in the proper conduct of their official duties, is a misdemeanor, punishable by imprisonment in the county jail for not less than 10 days, without the alternative of a fine in any case.

article: 1. Criminal Penalties


text:
Notwithstanding Sections 35281 and 35282, any person who intentionally commits any of the following acts is guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment of not less than six months nor more than one year, or by both the fine and imprisonment:

(a) Processing without pasteurization any milk or milk product which is required by this division to be pasteurized.

(b) Manufacturing or processing for resale of any milk or milk product in a milk products plant which is not licensed by the director pursuant to Chapter 12 (commencing with Section 34951).

(c) Providing milk or milk products to any person for the manufacturing or processing for resale of any milk or milk product unless that person is licensed by the director pursuant to Chapter 12 (commencing with Section 34951).

(d) Falsifying any records which are required by Sections 34007, 34064, and 34065.

history: (History: Added by Stats. 1985, Ch. 1166, Sec. 7. Effective September 28, 1985.)

article: 1. Criminal Penalties


text:
Except as otherwise provided in this section, a penalty of 25 percent or five dollars ($5), whichever is greater, shall be added to any portion of the fee for renewal of any license which is required by this division which is not paid by the last day of the month following that in which the preexisting license expired.

A penalty shall not accrue if the licensee operates only seasonally and he has not engaged in the activities for which the license is required between the time his preexisting license expired and the date of the renewal of his license.

article: 2. Civil Penalties

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 1. GENERALLY > 13. Penalties > 2. Civil Penalties


text: To the amount of any fee, except a license fee, which is required by this division, that is not paid by the last day of the month following that in which due, there shall be added a penalty of 25 percent of the unpaid amount of such fee, or five dollars ($5), whichever is greater, for each month or fraction of a month until the entire fee and penalty are paid.

article: 2. Civil Penalties


text: Milk shall be produced from nonreacting tuberculin and brucellosis tested cows or goats and shall conform to the regulations adopted by the director.

history: (History: Amended by Stats. 1979, Ch. 771.)

part: 2. MILK AND CREAM

chapter: 1. General Provisions

article: 1. Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 1. General Provisions > 1. Milk


text: Milk shall be obtained by the complete milking of healthy cows or goats which are properly fed and kept. Milk shall not be obtained or used for human consumption within 15 days prior to or 5 days after parturition.

article: 1. Milk


text: Milk which has been produced or handled in an insanitary dairy farm or milk products plant or other insanitary place or which has been handled in an insanitary manner is unfit for human consumption.

article: 1. Milk


text: Cream shall be fresh and clean. It shall contain not less than 18 percent of milk fat.

history: (History: Amended by Stats. 1977, Ch. 455.)

article: 2. Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 1. General Provisions > 2. Cream


text:
This division does not prohibit the addition of vitamins and minerals to market milk or the sale of market milk to which any vitamins and minerals have been added if such milk is labeled to show the addition of the vitamins and minerals.

A statement of the method and manner of adding vitamins and minerals shall be filed with and approved by the director, and, when offered for sale, such vitamin and mineral milk shall not be of a standard which is below the legal requirements of market milk. When added, vitamin D shall be present in such quantity that each quart of the milk contains 400 International Units thereof within limits of good manufacturing practice. When added, vitamin A shall be present in such quantity that each quart of the milk contains not less than 2,000 International Units thereof within limits of good manufacturing practice.

The requirements of this section shall apply to all fluid market milk products.

history: (History: Amended by Stats. 1980, Ch. 134.)

chapter: 2. Market Milk and Cream

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 1. General Provisions


text: This division does not prohibit the freezing and holding in cold storage of market cream or concentrated market cream, its subsequent standardization with market milk or skim milk produced from market milk, and its sale as market cream if the standardized product otherwise conforms to all the standards and requirements in this division for market cream. Payment procedure for market cream so frozen or stored shall be pursuant to Article 22 (commencing with Section 62441), Chapter 2, Part 3, Division 21 of this code.

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

article: 1. General Provisions


text: This division does not prohibit the freezing and holding in cold storage of market goat milk and its subsequent sale as market milk if at the time of sale it meets all the standards and requirements which are specified in this division for market milk.

article: 1. General Provisions


text: This division does not prohibit the sterilization of market goat milk by subjecting it to a temperature which is high enough to sterilize it, holding it in storage, and subsequently selling it as market milk if at the time of sale the market goat milk meets all standards and requirements which are specified in this division for market milk.

article: 1. General Provisions


text: It is unlawful for any person to sell any market milk other than graded milk as provided in this division in any city or county or any combination of cities and counties in which a milk inspection service has been established, either by or with the approval of the director.

article: 1. General Provisions


text: This division, and the regulations of the director are not a limitation on the power of a municipality or county, by ordinance or regulation, to establish compulsory pasteurization of market milk or reasonable higher standards for milk fat and solids-not-fat than those which are established in this division, but such standards shall apply only to market milk after standardization by a milk distributor.

article: 1. General Provisions


text: The secretary, in compliance with Section 407 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt regulations pertaining to temperature requirements for market milk delivered to consumers. Notwithstanding any other provision of this chapter, these regulations may establish temperature requirements for market milk delivered to consumers that differ from any or all requirements provided for in this chapter. In adopting these regulations, the secretary shall take into consideration the preservation of high quality market milk for consumers, as well as avoidance of hardship and unreasonable expense for persons engaged in the processing, packaging, and distribution of market milk.

history: (History: Amended by Stats. 1996, Ch. 427, Sec. 3. Effective January 1, 1997.)

article: 1. General Provisions


text:
(a) Except as otherwise provided in this article, market milk shall not contain any of the following:

(1) More than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter if to be sold as raw milk to the consumer.

(2) More than 50,000 bacteria per milliliter if to be sold as raw milk for pasteurization or more than 750 bacteria per milliliter after having been subjected to laboratory pasteurization which has a time-temperature equivalent to that required in Section 34001 before pasteurization.

(3) More than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter at time of delivery to the consumer, if pasteurized.

(4) More than 750 coliform bacteria per milliliter in raw milk for pasteurization. Samples shall be taken while the milk is on the premises of the producer.

(5) More than 800,000 somatic cells per milliliter, as determined by direct microscopic somatic cell count, electronic somatic cell count, or optical somatic cell count. After January 1, 1990, the maximum somatic cell count shall be 600,000 somatic cells per milliliter, as determined by the methods specified in this paragraph. This paragraph does not apply to market goat milk.

(b) The director may, by regulation, require different standards for raw market milk for pasteurization from the standards in this section if he or she determines, after an administrative hearing, that the standards are necessary to protect or improve milk quality.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 2. Effective January 1, 2008.)

article: 2. Market Milk Standards and Grades

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 2. Market Milk Standards and Grades


text: A milk producer delivering in cans on delivery to a plant receiving both graded market milk and ungraded market milk or manufacturing milk shall label each can containing market milk as to the producer and grade of such market milk.

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

article: 2. Market Milk Standards and Grades


text: Market milk shall be cooled to 45 degrees Fahrenheit or below, whether it is raw or pasteurized, and, except as otherwise provided in Section 35783, shall be so maintained until it is delivered to the consumer.

history: (History: Amended by Stats. 1996, Ch. 427, Sec. 4. Effective January 1, 1997.)

article: 2. Market Milk Standards and Grades


text: Market milk shall be cooled as indicated by a recording thermometer to 50 degrees Fahrenheit (10 degrees Celsius) or less within four hours of the commencement of the first milking and to 45 degrees Fahrenheit (7 degrees Celsius) or less within two hours of the completion of milking. The blend temperature after the first milking and subsequent milkings, or milk in transit on bulk milk tankers, shall not exceed 50 degrees Fahrenheit (10 degrees Celsius). The secretary may promulgate regulations to provide for temporary deviations from the requirements of this section that may occur as a result of emergencies arising from equipment failure, or as a result of other unusual circumstances; provided, however, that the quality and safety of the product are not adversely affected.

history: (History: Amended by Stats. 2008, Ch. 236, Sec. 1. Effective August 1, 2008.)

article: 2. Market Milk Standards and Grades


text: A recording thermometer shall be installed in each dairy farm milk storage tank used to cool or store market milk during the milking process. If a farm pickup tanker is used in lieu of a dairy farm tank, the recording thermometer shall be installed in the pipeline following an effective cooling device that cools the milk to 45 degrees Fahrenheit (7 degrees Celsius) or less. Nothing in this section shall be construed as meaning that a recording thermometer must be attached when milk tankers are moved over the road. The secretary shall issue regulations providing standards for these thermometers including installation and operation.

history: (History: Amended by Stats. 2009, Ch. 140, Sec. 75. (AB 1164) Effective January 1, 2010.)

article: 2. Market Milk Standards and Grades


text: Market milk, except as provided in Section 35784.2, at the time of delivery to the consumer, shall contain not less than 3.5 percent of milk fat and not less than 8.7 percent of solids not fat. The minimum percentages of milk fats and solids not fat required by this section may vary by an amount no greater than 0.1 of 1 percent, if the total combined percentages of milk fat and solids not fat, at the time of delivery to the consumer, equals or exceeds 12.2 percent.

history: (History: Amended by Stats. 2019, Ch. 301, Sec. 2. (AB 466) Effective January 1, 2020.)

article: 2. Market Milk Standards and Grades


text: Market milk produced and marketed pursuant to Article 7 (commencing with Section 35921) of this chapter and Sections 35861 and 35891 shall contain not less than 3.5 percent of milk fat and not less than 8.5 percent of solids not fat. The minimum percentages of milk fat and solids not fat required by this section, may vary by an amount no greater than 0.1 of 1 percent, provided that the total combined percentages of milk fat and solids not fat, at the time of delivery to the consumer, shall equal or exceed 12 percent.

history: (History: Amended by Stats. 1978, Ch. 28.)

article: 2. Market Milk Standards and Grades


text:
(a) (1) Notwithstanding any other law, 6 percent milk is a standard of identity and shall contain not less than 6 percent of milk fat and not less than 8.7 percent of solids not fat at the time of delivery to the consumer.

(2) The minimum percentages of milk fat and solids not fat prescribed by this section may vary by an amount no greater than 0.1 of 1 percent, if the total combined percentages of milk fat and solids not fat equals or exceeds 14.7 percent at the time of delivery to the consumer.

(b) The secretary may establish milk standards for 6 percent milk sold in the state.

(c) Six percent milk shall meet all of the following:

(1) All the standards and requirements for market milk as specified in this division, except as provided for in subdivision (a).

(2) The applicable labeling requirements required pursuant to Title 21 of the Code of Federal Regulations. The name used on the label shall be “6 percent milk” or “6% milk.”

history: (History: Added by Stats. 2019, Ch. 301, Sec. 3. (AB 466) Effective January 1, 2020.)

article: 2. Market Milk Standards and Grades


text: Market milk which is produced for sale under the supervision of an approved milk inspection service, or a milk inspection service which is established and conducted by the director, shall be in conformity with the provisions for the respective grades as defined in this chapter.

article: 2. Market Milk Standards and Grades


text: Market goat milk may be standardized to a milk fat content of not less than 2.8 percent. Market goat milk at the time of delivery to the consumer shall contain not less than 8.0 percent of solids not fat.

history: (History: Amended by Stats. 1989, Ch. 512, Sec. 1.)

article: 2. Market Milk Standards and Grades


text:
Where a milk inspection service has been approved or established pursuant to this code, market milk shall be graded and designated into one of the following classes:

(a) “Certified milk.”

(b) “Guaranteed milk.”

(c) “Grade A milk.”

article: 2. Market Milk Standards and Grades


text: It is unlawful for any person to sell any milk as, or under the representation of, guaranteed or grade A milk, except under the supervision of a milk inspection service which is approved by the director or which is established and conducted by the director.

article: 2. Market Milk Standards and Grades


text: Market cream shall conform to all of the standards which are set for market milk of the same grade except those which relate to milk fat and solids-not-fat, and the optional addition of harmless, edible stablizer-emulsif ier either singularly or in combination not exceeding 0.6 of 1 percent, as approved by the director, and except that the maximum bacterial count for pasteurized market cream shall be 20,000 per gram.

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

article: 3. Market Cream Standards

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 3. Market Cream Standards


text: Pasteurized market milk shall be cooled to a temperature of 50 degrees Fahrenheit or below immediately after pasteurization and shall be so maintained until it is delivered to the consumer.

article: 4. Pasteurized and Raw Market Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 4. Pasteurized and Raw Market Milk


text:
(a) Repasteurized milk may only be reprocessed and sold as a “Grade A” product under the following conditions and restrictions:

(1) Milk and milk products drained from processing equipment at the end of a run, collected from a defoamer system, and milk or milk product solids rinsed from equipment, containers, or pipelines shall be repasteurized only if that milk or those milk products are handled in a sanitary manner and maintained at 45 degrees Fahrenheit (7 degrees Celsius) or less. When the handling or cooling, or both, of that milk or those milk products is not in compliance with this requirement, they shall be discarded.

(2) Equipment, designated areas, or rooms utilized for handling, processing, and storage of returned packaged milk or milk products are maintained, operated, cleaned, and sanitized so as to preclude the contamination of Grade A products and equipment and the Grade A operations. The repasteurization of milk and milk products shipped in milk tank trucks, which have been pasteurized at another Grade A milk plant and have been handled in a sanitary manner and maintained at 45 degrees Fahrenheit (7 degrees Celsius) or less, is permitted.

(3) Packaged milk and milk products that have physically left the premises of the processing plant shall not be repasteurized for Grade A use.

(4) Milk and milk products from damaged, punctured, or otherwise contaminated containers, or milk products from out-of-code containers, shall not be repasteurized for Grade A use.

(5) All milk and milk products that have overflowed, leaked, or been spilled or improperly handled shall be discarded.

(b) Notwithstanding subdivision (a), the secretary may, on a specific request, authorize reprocessing of packaged milk and milk products provided all other requirements of this section, including proper storage temperature and container integrity, are complied with.

history: (History: Amended by Stats. 2010, Ch. 202, Sec. 1. (AB 1910) Effective January 1, 2011.)

article: 4. Pasteurized and Raw Market Milk


text:
All pasteurized market milk and market milk products shall be bottled or canned only in the plant where pasteurized, except as otherwise provided in this division.

This section does not apply to market cream or cultured market milk products having a product acidity of not less than 0.20 percent expressed as lactic acid.

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

article: 4. Pasteurized and Raw Market Milk


text:
Raw market milk and pasteurized market milk shall not be bottled in the same milk products plant for sale and distribution within a city or county which maintains an approved milk inspection service, except where an official representative of such approved milk inspection service is present during the period of handling, processing, or bottling such market milk, or except in those milk products plants where all market milk which is received meets the requirements for grade A raw milk.

This section does not apply to market cream.

article: 4. Pasteurized and Raw Market Milk


text:
Guaranteed raw milk is market milk which conforms to all of the following minimum requirements:

(a) The health of the cows and goats shall be determined at least once each month by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director.

(b) It shall be produced on dairy farms which score not less than 90 percent on the dairy farm scorecard.

(c) It shall be bottled on the premises where produced and delivered in containers which have the pouring lip completely protected from contamination.

(d) It shall be cooled as provided in Section 35782, and so maintained until it is delivered to the consumer, at which time it shall contain not more than 10,000 bacteria per milliliter or not more than 10 coliform bacteria per milliliter.

(e) It shall be sold to the consumer within 30 hours after production and labeled to indicate the date of sale to the consumer.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 5. Effective January 1, 2008.)

article: 5. Guaranteed Market Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 5. Guaranteed Market Milk


text: All persons who come in contact with guaranteed raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease which is liable to be conveyed by milk. The absence of such germs in all such persons shall be determined by bacteriological and physical examination by a health department which maintains an approved milk inspection service, or other person or laboratory which is approved in writing by the department, conducted at the time of employment and every six months thereafter in a manner which is approved by the director.

article: 5. Guaranteed Market Milk


text: Guaranteed pasteurized milk shall conform to all the requirements for guaranteed raw milk, except that it shall contain not more than 3,000 bacteria per milliliter at the time of delivery to the consumer.

article: 5. Guaranteed Market Milk


text:
Grade A raw milk is market milk which conforms to all the following minimum requirements:

(a) The health of the cows and goats shall be determined at least once in two months by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director.

(b) It shall be produced on dairy farms that score not less than 90 percent on the dairy farm scorecard.

(c) It shall be cooled as provided in Section 35782 and so maintained until delivered to the consumer, at which time it shall contain not more than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 6. Effective January 1, 2008.)

article: 6. Grade A Market Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 6. Grade A Market Milk


text: All persons who come in contact with grade A raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or be in a condition to disseminate the germs of any communicable disease which is liable to be conveyed by milk. The absence of such germs in all such persons may at the discretion of an approved or established milk inspection service be determined by bacteriological and physical examination in such manner as may be prescribed by the director and by such person or laboratory which is approved in writing by the department, conducted at the time of employment and every six months thereafter in a manner which is approved by the director.

article: 6. Grade A Market Milk


text:
Milk for grade A pasteurized milk is market milk that conforms to all the following minimum requirements:

(a) The health of the cows or goats shall be determined at least once in six months by an official representative of an approved milk inspection service, or a milk inspection service that is established by the director.

(b) The milk shall be cooled as provided in Section 35783.

(c) It shall be produced on dairy farms that score not less than 90 percent on the dairy farm scorecard that is adopted by the director.

(d) Shall meet the standards of Section 35781 or the regulation adopted pursuant thereto.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 7. Effective January 1, 2008.)

article: 6. Grade A Market Milk


text: Certified milk is market milk which conforms to the rules, regulations, methods, and standards for the production and distribution of certified milk adopted by the county milk commission established in a county pursuant to this article.

history: (History: Amended by Stats. 1968, Ch. 7.)

article: 7. Certified Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 7. Certified Milk


text: Certified milk shall bear the certification of a milk commission which shall be appointed as provided by this article by the board of supervisors in any county in which certified milk was produced on January 1, 1968. The board of supervisors of any other county may create a commission.

article: 7. Certified Milk


text:
A county milk commission shall consist of six members who reside in the county where the commission is located and who shall be appointed by the board of supervisors for a term of four years and shall be eligible for reappointment. The members shall be appointed as follows:

(a) A physician who is a member of a county medical association organized under and approved by the Medical Society of the State of California.

(b) A physician nominated by the county health department.

(c) A veterinarian, who shall be a member of the county or regional veterinarian association.

(d) A physician nominated by a producer or producers of certified milk in the county.

(e) A physician nominated by the American Association of Medical Milk Commissions, Incorporated.

(f) A public member, appointed by the board of supervisors.

If no nomination is made by a group so authorized to nominate a member under subdivisions (a) to (e), inclusive, the board of supervisors shall appoint a person who is a member of any of the designated organizations authorized to nominate members.

history: (History: Amended by Stats. 1975, Ch. 994.)

article: 7. Certified Milk


text:
A county milk commission shall adopt rules, regulations, and standards governing the production, distribution, and sale of certified milk, including unpasteurized milk, as it deems necessary to protect public health and safety.

The rules, regulations, and standards adopted by a county milk commission shall conform as nearly as practicable to, or may be more restrictive than, the rules, regulations, and standards for the production, distribution, and sale of milk, including unpasteurized milk, adopted by the American Association of Medical Milk Commissions.

history: (History: Added by Stats. 1968, Ch. 7.)

article: 7. Certified Milk


text:
A county milk commission shall give reasonable notice to the public of its meetings, and shall hold its public hearings in public buildings.

Members of the commission shall receive twenty-five dollars ($25) per diem for each day spent on official business of the commission, payable from the fees collected pursuant to this article. No member of the commission shall travel beyond the boundaries of the state on official business without prior approval of the county board of supervisors.

history: (History: Added by Stats. 1975, Ch. 994.)

article: 7. Certified Milk


text:
A county milk commission shall certify milk, including unpasteurized milk, for any applicant for certification whose milk complies with the rules, regulations, and standards for production, distribution and sale of milk adopted by the commission and prescribed in this code, irrespective of whether the milk is produced in the county in which the commission is located or in a contiguous county, so long as there is not a milk commission located in such a contiguous county. Provided, however, that the power of a milk commission to certify milk produced in the contiguous county shall terminate at such time as a milk commission is created in such contiguous county.

Nothing in this section shall affect any milk inspection, including an approved milk inspection service pursuant to Chapter 4 (commencing with Section 33051) of this part or any other inspection, for milk which is produced in such contiguous county and certified by the commission.

article: 7. Certified Milk


text: A county milk commission may establish such fees, and expend funds derived therefrom, as are reasonably necessary to defray the costs of certifying milk.

article: 7. Certified Milk


text:
A county milk commission may conduct any tests that it finds are reasonably necessary to carry out the purposes of this article and may employ personnel to conduct such tests and for such other duties as the commission deems necessary.

All applicants for certification shall submit samples for testing when requested to do so by the commission.

article: 7. Certified Milk


text:
(a) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the director having jurisdiction, determines that the oral ingestion by a human being of any raw milk or certified raw milk supply has caused disease in a human being, he shall prohibit the use, sale, or disposal of such milk, except by a method approved by the director, until such cause has been corrected or eliminated. Application may be made by the director or any such officer to the superior court of the county where the supply is produced or stored in order to obtain an injunction prohibiting the use, sale, or disposal of such milk. If the court determines that it is a reasonable medical probability that the ingestion by a human being of such milk supply was the proximate cause of a case of disease in such human being and that the milk supply is unsafe for human consumption, the court shall take such action as is necessary to enforce the order. When the court thereafter determines that it is a reasonable medical probability that the ingestion by a human being of such milk supply will not be the proximate cause of a case of disease in a human being and that the milk supply is safe for human consumption, such order of prohibition shall be dissolved.

(b) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the director having jurisdiction, has good cause to believe, as a result of either a laboratory test by a laboratory certified by the department or a recognized test, on the animal or the milk from the animal or the herd, that a case of typhoid fever, salmonella infection, bacillary dysentery, diphtheria, respiratory streptococcal infection, brucellosis, or tuberculosis, is present in one or more cows or in the milk of one or more cows of any dairy herd, he shall prohibit the use, sale, or disposal of the raw milk or certified raw milk from the herd containing the diseased cow or cows, except by a method approved by the director, until such cause has been corrected or eliminated. Application may be made by the director or any such officer to the superior court of the county where the milk supply is produced or stored in order to obtain an injunction prohibiting the use, sale, or disposal of such milk. If the court determines that it is a reasonable medical probability that such disease is present in the milk of one or more cows of any dairy herd and that the milk supply is unsafe for human consumption, the court shall take such action as is necessary to enforce the order. When the court thereafter determines that it is a reasonable medical probability that such disease is no longer present on the premises of such dairy and that the milk supply is safe for human consumption, such order of prohibition shall be dissolved.

(c) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the director, has good cause to believe, as a result of a laboratory test by a laboratory certified by the department or a recognized test, on the animal or the milk, that a raw milk or certified raw milk supply under the control of the producer of such milk supply is suspected to be the source of an infection for a communicable disease, or that a raw milk or certified raw milk supply may cause an infection of a communicable disease, he shall prohibit the use, sale, or disposal of such milk, except by a method approved by the director, until such cause has been corrected or eliminated. However, in the case of such a milk supply being under the control of either a retailer or distributor to retailers, the director or his agent may only prohibit the use, sale, or disposal of such milk in a manner used for any other market milk or milk product.

(d) Actions taken pursuant to the provisions of subdivision (c) shall in each instance be subject to judicial review under Section 1085 of the Code of Civil Procedure by the superior court of the county with jurisdiction. Such review shall be conducted for the purpose of determining if the action taken shall be sustained or dissolved. At issue in the review shall be the questions of adequate protection of the public health and safety, and the guarantee of due process of law for the persons controlling, or producer of, the raw or certified raw milk supply affected by the action. The department shall have the burden of proof to sustain the actions of the director or his agents at issue in the review.

In the event the court, after such review, finds that the action by the director shall be dissolved, the department shall bear the actual court costs incurred by the persons controlling, or producers of, the raw or certified raw milk supply, and their actual testing costs for any animal or milk tests previously ordered by the department to determine if such milk supply, which is the subject of such court action, is the source of, or may cause, an infection for a communicable disease.

As used in this subdivision, “testing costs” means the actual cost of obtaining samples to be tested, the actual cost of laboratory tests, and the actual cost for extra labor to confine the cattle for the purpose of testing.

(e) In addition to any procedural requirements of Section 32731, any routine inspection conducted for the purpose of taking samples of milk or inspecting any cow pursuant to subdivision (b) or (c) shall be conducted only after the issuance of an inspection warrant as provided in Title 13 (commencing with Section 1822. 50) of Part 3 of the Code of Civil Procedure, unless such inspection is conducted with the knowledge of the persons controlling the milk supply or cow. In the taking of a sample of milk pursuant to subdivision (a), (b), or (c), a duplicate of any sample of raw milk or certified raw milk shall be left with the persons in control of, or producers of, such milk.

(f) The Legislature finds and declares that the state does not intend to limit or restrict the availability of certified raw milk and certified raw milk products to those persons desiring to consume such milk and such products, provided such milk and products meet standards of sanitation and wholesomeness at least equal to market milk that is grade A raw milk, as defined in Section 35891.

history: (History: Added by Stats. 1977, Ch. 974.)

article: 7. Certified Milk


text: Homogenized market milk is market milk which has been subjected to a process or treatment in such manner as to insure the breakup of the fat globules to such an extent that no visible cream separation will occur on the milk after 48 hours storage at a temperature of between 40 and 50 degrees Fahrenheit and the fat percentage of the top 100 cc. of milk in a quart bottle, or proportionate volumes in containers of other sizes, does not differ by more than 10 percent of itself from the milk fat percentage of the remaining milk as determined after thorough mixing. In removing the top 100 cc. of milk, it shall be siphoned off. Homogenized market milk shall otherwise conform to all requirements for market milk.

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

article: 8. Homogenized Market Milk and Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 8. Homogenized Market Milk and Cream


text: Homogenized market cream is market cream which has been subjected to a process or treatment in such manner as to insure breakage of the fat globules to such an extent that no visible cream separation will occur after 48 hours. Homogenized market cream shall otherwise conform with all other requirements for market cream.

article: 8. Homogenized Market Milk and Cream


text: Homogenized market milk or homogenized market cream shall not be mixed with market milk or market cream which has not been homogenized.

article: 8. Homogenized Market Milk and Cream


text: Homogenized milk and homogenized cream shall be so labeled.

article: 8. Homogenized Market Milk and Cream


text: Half-and-half is a food that complies with Section 131.180 of Title 21 of the Code of Federal Regulations. Half-and-half shall contain not more than 20,000 bacteria per milliliter and not more than 10 coliform bacteria per milliliter.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 8. Effective January 1, 2008.)

article: 9. Half-and-Half

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 9. Half-and-Half


text:
(a) For purposes of this article, “ultra-filtered milk products” are market milk products resulting from the filtration of milk to alter the relative quantities of milk solids, including proteins, lactose, and minerals, but excluding fat components. When lactose has been completely or partially removed by filtration, the percentage of total milk solids, not including fat components, may be reduced by no more than the percentage of lactose removed.

(b) The secretary shall have the authority to establish milk standards for ultra-filtered milk products sold in the state.

(c) Ultra-filtered milk products shall meet all standards and requirements for market milk that are specified in this division, except as provided in subdivision (a).

(d) Ultra-filtered milk products shall be labeled in accordance with the applicable provisions of Title 21 of the Code of Federal Regulations. The term “ultra-filtered” shall be included in the product name on the product label.

history: (History: Added by Stats. 2018, Ch. 510, Sec. 1. (SB 1039) Effective January 1, 2019.)

article: 9.5. Ultra-Filtered Milk Products

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 9.5. Ultra-Filtered Milk Products


text:
The following information shall at all times appear plainly and in a conspicuous place on, or be securely attached to, every cap, bottle, can, or other container of all market milk which is sold:

(a) The class or grade of the market milk, unless the market milk is being sold in bulk to a distributor.

(b) The word “raw,” if the market milk has not been pasteurized.

(c) The word “pasteurized” if the market milk has been pasteurized.

(d) The name and address of the distributor or original bottler.

If the name and address of the distributor is used, the milk products plant license number of the original bottler, as assigned annually by the director, may be used in lieu of the name and address of the original bottler.

article: 10. Labeling and Advertising

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 10. Labeling and Advertising


text: All labels which are required by Section 36001 shall be in capital letters of a size and boldness as to be legible by the purchaser or consumer. If the available space on any cap, bottle, or container for such labeling is not sufficient for the full name of the distributor, then a sufficient portion of the distributor’s name which clearly identifies such distributor may be used in lieu of the entire distributor’s name.

article: 10. Labeling and Advertising


text:
(a) At the time of sale to the consumer by a retail store of any product designated in this section, there shall appear on the package or container of the product the date established by the processor as the date by which the product should normally be used to ensure consumer quality.

(b) This section applies to the following products:

(1) Market milk.

(2) Market cream.

(3) Any milk product that is required by this code, or by any regulation adopted by the secretary pursuant to this code, to be made from market milk or any component or derivative of market milk.

(c) This section does not apply to any milk or milk products processed, packaged, and sold by distributors directly to consumers.

(d) This section does not apply to any bulk shipments of milk or milk products between distributors.

(e) The secretary shall, in compliance with applicable provisions of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and after public hearing or hearings, adopt regulations pertaining to (1) responsibility for affixing to packages or other containers the quality assurance date provided for in this section, (2) the manner, style, form, and place of affixation of the date to packages and other containers in a conspicuous place in a form that is readily seen and easily understood by the buyer, and (3) the administration and enforcement of the requirements of this section.

history: (History: Amended by Stats. 2024, Ch. 911, Sec. 1. (AB 660) Effective January 1, 2025.)

article: 10. Labeling and Advertising


text: If a product is made from goat milk, either the phrase “goat milk” or “made from goat milk” shall immediately precede or follow the name of the product wherever the name appears, and in the same type size and style as the product name.

history: (History: Added by Stats. 1989, Ch. 512, Sec. 2.)

article: 10. Labeling and Advertising


text: It is unlawful for any person that sells or handles market milk, except the original bottler of the market milk, to have in his possession, or under his control, any milk bottle cap or label, except the caps or labels that are affixed to the filled containers at the time of delivery to the seller or handler.

article: 11. Bottle Caps and Labels

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 11. Bottle Caps and Labels


text: It is unlawful for any person that sells or handles market milk to remove any cap or label from any milk container and attach such cap or label to another milk container.

article: 11. Bottle Caps and Labels


text: It is unlawful for any person to sell or use any milk bottle caps which are not packed by the manufacturer in single column in unopened, dustproof tubular packages.

article: 11. Bottle Caps and Labels


text: No false, misleading, or deceptive name, picture, symbol, mark, word, or other representation shall appear on any milk bottle, bottle cap, can, or other container, nor on any advertisement for market milk.

article: 12. Misrepresentation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 12. Misrepresentation


text: A label or advertisement of market milk is false, misleading, or deceptive if in any particular it is untrue, or by ambiguity or inference creates a misleading or deceptive impression regarding the production, handling, processing, quality, composition, merits, or value of such market milk.

article: 12. Misrepresentation


text: It is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or cream which does not meet the requirements and standards of market milk or market cream.

article: 12. Misrepresentation


text: Except as otherwise provided in this division, it is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or cream which is combined with any other substance or compound.

article: 12. Misrepresentation


text: It is unlawful for any person to serve to any customer for consumption on the premises milk or cream which is combined with any other substance or compound and represented as a substitute for or to take the place of market milk or market cream.

article: 12. Misrepresentation


text:
Milk that is delivered by the producer of the milk, to be sold as any grade of market milk, shall not be restricted in use or excluded from the market if a score of the dairy farm on which the milk is produced is below the specified minimum legal requirements unless both of the following occur:

(a) A copy of the score is promptly given to the proprietor or operator of the dairy farm and, if milk is sold in bulk to a distributor or processor, a copy of the notice is also given or mailed to the distributor or processor.

(b) A rescore, after 10 days, shows the score of the dairy farm to be still or again below the specified minimum legal requirements and a copy of the rescore is promptly given to the proprietor or operator of the dairy farm and the purchaser of the milk produced by the dairy farm and until 60 hours has elapsed after the rescore.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 8. Effective January 1, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 13. Restricted Use and Exclusion Based Upon Dairy Score


text: If, during the 60 hours following the rescoring of a dairy farm, a protest is filed with the head of the milk inspection service under whose jurisdiction the milk of the dairy farm is sold, the milk which is produced on that dairy farm shall not be restricted in use or excluded from the market until a third score has been made and concurred in by the representative of the milk inspection service and the secretary.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 9. Effective January 1, 1997.)

article: 13. Restricted Use and Exclusion Based Upon Dairy Score


text:
Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the standard for market milk or products of market milk, or both, the health authority or secretary shall send a notice thereof to the producer or distributor concerned. This notice shall be in effect as long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within 14 days of the sending of the notice, but not before the lapse of three days. Immediate restricted use of the market milk or product of market milk or exclusion of the market milk or product of market milk shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations, or cooling temperatures, provided that no action required by this section shall be based upon a sample that is over 180 days old.

Violations of bacterial, coliform, and cooling temperature standards shall be followed promptly by inspection to determine and correct the cause. This inspection shall be made immediately when the notice required by this section is sent.

Samples may be taken from consecutive milking at the producer level and from consecutive lots of processed products and shall be taken when requested by the producer or processor. Analysis of those samples shall commence within 36 hours from their taking.

Reinstatement of the market milk or products of market milk shall be made when two consecutive samples taken within a seven-day period following notice of restricted use again meet the standard. For the purpose of this section sampling for reinstatement and the new compliance series shall begin with the first sample taken after use is restricted.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 11. Effective January 1, 1997.)

article: 14. Restricted Use or Exclusion

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 2. Market Milk and Cream > 14. Restricted Use or Exclusion


text: Restricted use market milk, manufacturing milk, or manufacturing cream shall be sold only for manufacturing purposes and to be converted into some other form or product.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 13. Effective January 1, 1997.)

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 3. Restricted Use Market Milk and Manufacturing Milk and Cream > 1. General Provisions


text: Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold for human consumption in a fluid state.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 14. Effective January 1, 1997.)

chapter: 3. Restricted Use Market Milk and Manufacturing Milk and Cream

article: 1. General Provisions


text: Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold in quantities of less than three gallons or in containers of less than three gallons capacity. Pasteurized manufacturing cream shall not be sold in quantities of less than one-half gallon or in containers of less than one-half-gallon capacity.

history: (History: Amended by Stats. 1996, Ch. 759, Sec. 15. Effective January 1, 1997.)

article: 1. General Provisions


text: The provisions of Sections 36301, 36302, and 36303 do not apply to milk or cream which is sold by a producer to a milk products plant.

history: (History: Amended by Stats. 1967, Ch. 306.)

article: 1. General Provisions


text: Manufacturing milk or manufacturing cream may be repasteurized once.

article: 1. General Provisions


text:
Manufacturing milk shall comply with all of the following requirements:

(a) It shall be free from foreign substances.

(b) It shall not contain any undesirable flavors or odors.

(c) It shall not contain more than 2,000,000 individual bacteria per milliliter as found by direct microscopic count.

In addition, manufacturing milk shall comply with the rules, regulations, and standards of the United States Department of Agriculture which govern quality standards of raw milk.

history: (History: Amended by Stats. 1978, Ch. 28.)

article: 2. Manufacturing Milk Standards

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 2. MILK AND CREAM > 3. Restricted Use Market Milk and Manufacturing Milk and Cream > 2. Manufacturing Milk Standards


text: The director shall adopt, by regulation, quality standards that are necessary for any product which is defined in this division. These quality standards which are adopted by the director shall be not lower than those which are in effect under regulations of the United States Department of Agriculture, but may be higher if found by the director to effectuate the purposes of this part, and of this section, which are, among others, to provide dairy products to the consumers of this state of the highest possible quality.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 1.)

part: 3. MANUFACTURED PRODUCTS

chapter: 1. Generally

article: 1. Quality Standards

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 1. Generally > 1. Quality Standards


text: The director, in determining the quality of any product which is sold, but not produced and processed in this state, shall ascertain that such product will meet the minimum quality requirements which are applicable to such product by the standards which are contained in, or established by, regulations which are adopted pursuant to this division.

article: 1. Quality Standards


text: Any standard which is established pursuant to this article shall expire on the 61st day after the final adjournment of the second regular session of the Legislature commencing after the establishment or issuance of such standard.

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

article: 1. Quality Standards


text: No product for which standards are required to be established pursuant to Section 36601 is required to meet any quality standards which are in excess of those that are in effect under regulations of the United States Department of Agriculture, unless a like product is processed in this state and the processors of such like product in this state are also required to meet such higher standards.

article: 1. Quality Standards


text: Except as otherwise provided in Section 36604 and notwithstanding any other provisions of this part, no dairy products, as such products are defined in this division, shall be sold within this state unless they are of a quality which is comparable to that of the same product which is manufactured or processed pursuant to this division.

article: 1. Quality Standards


text:
(a) Safe and suitable bacteria standards may be adopted by the director for use in specific dairy products except for varieties of hard and soft cheese. Any bacteria strain approved by the director under this section shall appear in the ingredient list of the product. The name of any bacteria strain approved by the director for use in a dairy product for which the standard does not otherwise require use of one or more bacteria strains shall appear with the product name on the principal display panel or panels of the package in letters not less than one-half the height of the letters used in the product name.

(b) The director shall establish a minimum viable organism count for any bacteria strain approved pursuant to this section in any dairy product for which the standard does not otherwise require use of one or more bacteria strains. The director shall also establish an official test procedure for the purpose of enforcing the minimum bacteria count level in any dairy products for which such a minimum has been established.

history: (History: Added by Stats. 1988, Ch. 1169, Sec. 1. Effective September 22, 1988.)

article: 1. Quality Standards


text:
(a) The Legislature intends that the director administer this article to accommodate, in a timely fashion, safe and wholesome milk products.

(b) This article applies to products resembling milk products that are processed and sold pursuant to Chapter 6 (commencing with Section 38901) and all milk and dairy products processed and sold pursuant to this division. This article does not apply to any of the following:

(1) Combination milk and food products processed and sold pursuant to regulations adopted pursuant to Article 3 (commencing with Section 36661).

(2) Special varieties of cheese processed and sold pursuant to regulations adopted pursuant to Section 37402.

(c) For purposes of this article, “new milk product” or “new product resembling a milk product” means a product for which no state statutory or administrative regulation standard of identity exists, and may include a product that is classified by the United States Food and Drug Administration as nonstandard.

history: (History: Amended by Stats. 1989, Ch. 758, Sec. 1.)

article: 2. Temporary Standards

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 1. Generally > 2. Temporary Standards


text:
(a) Upon the request of any interested person, the director may, following a properly noticed hearing, pursuant to subdivision (c) of Section 36634, grant a temporary standard for an initial period of one year. A temporary standard may be granted for a new milk product or a new product resembling a milk product. However, in no case shall a temporary standard be granted for a product for which a definition and standard was contained in a bill which was not enacted during the immediately preceding session of the Legislature. A hearing called pursuant to this section shall be by written brief, unless an oral hearing is specifically requested by an interested person.

(b) The petition shall include a proposed definition, standard, nomenclature, and label for the new product. The petition shall also address the relation between the proposed product and existing definitions and standards established for comparable products.

history: (History: Amended by Stats. 1989, Ch. 758, Sec. 2.)

article: 2. Temporary Standards


text:
(a) A hearing called pursuant to this article shall be for the following purposes:

(1) Establishing if the product proposed for a temporary standard qualifies for that standard.

(2) Evaluating whether a temporary standard has been properly sought for the proposed product definition, standard, nomenclature, and label offered by the petitioner.

(b) Following the hearing, the director shall evaluate the temporary standard request on the basis of all of the following:

(1) Testimony submitted by all interested persons.

(2) The health and safety conditions under which the proposed product will be processed and distributed.

(3) Existing definitions and standards which are established for comparable products.

(c) In granting a temporary standard, the director shall establish an appropriate definition and nomenclature as well as quality and labeling requirements applicable to the permitted product.

history: (History: Amended by Stats. 1989, Ch. 758, Sec. 3.)

article: 2. Temporary Standards


text:
The processing of a petition for a temporary standard shall conform to the following schedule:

(a) Notice of the requested hearing or denial thereof shall be announced by the director within 15 days after receipt of a temporary standard petition.

(b) A hearing called pursuant to this section shall be held not later than 65 days following receipt of a temporary standard petition.

(c) The hearing shall be conducted in procedural compliance with applicable provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(d) The petitioner for a temporary standard shall be notified of the director’s decision on the request not later than 30 days following the closing of the hearing. A temporary standard approved by the director shall be effective immediately upon issuance of the director’s decision, subject to Section 36637.

history: (History: Amended by Stats. 1989, Ch. 758, Sec. 4.)

article: 2. Temporary Standards


text: An unsuccessful petitioner for a temporary standard may repetition not earlier than 60 days following written notification of the denial of the original temporary standard request, if the proposed definition and standard have been modified in the interim or other conditions have changed so that a favorable ruling by the director might reasonably be expected.

history: (History: Repealed and added by Stats. 1986, Ch. 438, Sec. 2.)

article: 2. Temporary Standards


text:
A temporary standard granted pursuant to this article may be renewed for a period of one year if the director determines that the renewal is necessary to adequately assess the market potential of the product. A second renewal of a temporary standard may be granted at the discretion of the director, except that in no case shall the second renewal be granted if legislation intended to permanently establish a standard and definition for the product currently being marketed pursuant to a temporary standard has not been introduced during the term of the standard.

The maximum duration of a temporary standard, including any renewals, shall not exceed three years.

article: 2. Temporary Standards


text: Upon granting a petition under this article, the director shall adopt the standard as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of this chapter, any regulations adopted under this article shall be deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare.

history: (History: Amended by Stats. 1989, Ch. 758, Sec. 5.)

article: 2. Temporary Standards


text: If the director fails to respond to a petition for a temporary standard within 65 days following receipt of the petition, the petitioner may thereafter utilize the standard. However, the right of petitioner to utilize the standard shall expire at the end of the calendar year of the Regular Session of the Legislature immediately following the year in which the use of that standard by petitioner commenced, unless that standard is enacted into law during that calendar year of the regular session of the Legislature.

history: (History: Added by Stats. 1989, Ch. 758, Sec. 6.)

article: 2. Temporary Standards


text: In addition to the standards for milk and milk products which are adopted pursuant to this division, the director may adopt separate standards and labeling requirements for any milk or milk product to which is added a food product of a kind which is not derived from milk and for which combination of the food product with milk or milk products no standard has been established or otherwise provided for in this division.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 4.)

article: 3. Combination Milk and Food Products

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 1. Generally > 3. Combination Milk and Food Products


text: Every definition, standard, and labeling requirement which is adopted pursuant to this article expires on the 91st day after the final adjournment of the next general session of the Legislature.

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

article: 3. Combination Milk and Food Products


text: Notwithstanding any other provision of law, sweeteners approved by the United States Food and Drug Administration for use in milk products may be added to milk products.

history: (History: Added by Stats. 1989, Ch. 199, Sec. 2. Effective July 25, 1989.)

article: 4. Sweeteners

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 1. Generally > 4. Sweeteners


text: Prior to the use of any sweetener in a dairy product, the sweetener must be approved by the United States Food and Drug Administration for use in that milk product or the applicable milk product category.

article: 4. Sweeteners


text: Except as otherwise provided in this article, a milk product containing any sweetener shall be in conformance with all provisions of the applicable product definition and the identity standard specified in this division for the product.

article: 4. Sweeteners


text: A milk product containing any sweetener not included in the product identity standard shall be labeled in accordance with Section 36674 and all federal requirements, including any necessary consumer warning language and all ingredient labeling regulations.

article: 4. Sweeteners


text:
(a) The director shall approve the label and the name for any milk product containing any sweetener not included in the product identity standard.

(b) The director may approve any name which is accurate, descriptive, not misleading, and which is consistent with applicable federal regulations. A milk product containing a sweetener not included in the product identity standard shall use a name that is modified by an appropriate word or words consistent with federal regulations.

(c) All words constituting the name of the product as approved by the director shall be in the same type size, style, and color.

article: 4. Sweeteners


text: The director shall, within 60 days after the effective date of this article, develop and distribute guidelines applicable to food handling establishments which serve milk products intended for on-premise consumption for which packaging takes place at the point of sale to the consumer. The guidelines shall specify how the use of a sweetener not included in the product identity standard shall be noticed to the consumer, including the posting of any health warning required under federal regulations.

article: 4. Sweeteners


text: Pasteurized cream that is sold or used for ice cream, frozen dairy dessert, frozen dessert, or sherbet manufacture shall be clean, sweet, and free from undesirable flavors and odors. It shall contain not more than 75,000 bacteria per milliliter, official plate count.

history: (History: Amended by Stats. 1995, Ch. 150, Sec. 4. Effective January 1, 1996.)

chapter: 2. Frozen Dairy Products

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 2. Frozen Dairy Products > 1. General Provisions


text: Milk and any milk product that is used in the manufacture of ice cream, frozen dairy dessert, frozen dessert, or sherbet shall be pasteurized.

history: (History: Amended by Stats. 1995, Ch. 150, Sec. 5. Effective January 1, 1996.)

article: 1. General Provisions


text: Sweet butter that is used in ice cream, frozen dairy dessert, and frozen dessert shall be unsalted butter made from sweet cream that is free from undesirable flavor or odors. It shall have a rating of not less than 92 in accordance with the standards for quality of creamery butter that are established in Article 2 (commencing with Section 37131) of Chapter 3. Cream to which has been added ripener or starter, or cream that has been neutralized, is not sweet cream within the meaning of this section.

history: (History: Amended by Stats. 1995, Ch. 150, Sec. 6. Effective January 1, 1996.)

article: 1. General Provisions


text: Every product which is defined in this chapter shall be advertised and labeled in accordance with regulations which are adopted by the director.

article: 1. General Provisions


text:
(a) Ice cream, frozen dairy dessert, frozen dessert, sherbet, or quiescently frozen confections when sold in package form shall be labeled with the name, address, and ZIP Code of the manufacturer, the wholesale distributor, or the retailer.

(b) If the name and address is not that of the original milk products processing plant, there shall be stamped, printed, or embossed upon the package, in a manner acceptable to the director, the plant number of the manufacturer or packer. This plant identification shall be consistent with, and not more restrictive than, the National Uniform Coding System for packaging identification of milk and milk products processing plants.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 203. Effective January 1, 2007.)

article: 1. General Provisions


text: Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, and frozen dessert mix are unfrozen products that are used in the manufacture of ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert. They shall have been pasteurized and comply with all the requirements for ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert, respectively.

history: (History: Amended by Stats. 2017, Ch. 153, Sec. 5. (AB 1486) Effective January 1, 2018.)

article: 1. General Provisions


text: The director, by regulations, may authorize the use of wholesome, edible dairy products, as permissible ingredients, in frozen dairy products, in addition to those for which standards are provided for under this code for such frozen dairy products.

history: (History: Added by Stats. 1975, Ch. 528.)

article: 1. General Provisions


text: Ice cream, frozen dairy dessert, frozen dessert, and sherbet may contain safe and suitable nonmilk-derived ingredients as specified in applicable provisions of the Code of Federal Regulations. If these nonmilk-derived ingredients are used, the minimum quantity of food solids required in this chapter for ice cream, frozen dairy dessert, frozen dessert, and sherbet shall be maintained exclusively of these additives.

history: (History: Amended by Stats. 1995, Ch. 150, Sec. 9. Effective January 1, 1996.)

article: 1. General Provisions


text: Federal nutritional labeling regulations apply to all frozen dairy products, except nutritional labeling provided for any frozen dairy product mix or any frozen dairy product dispensed by a soft serve establishment, shall state, on the basis of weight, the serving size upon which nutritional declarations are based.

history: (History: Added by Stats. 1990, Ch. 778, Sec. 1.)

article: 1. General Provisions


text: Ice cream is a food that complies with Section 135.110 of Title 21 of the Code of Federal Regulations. Ice cream shall contain not more than 75,000 bacteria per gram.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 9. Effective January 1, 2008.)

article: 2. Ice Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 2. Frozen Dairy Products > 2. Ice Cream


text: Sherbet is a food that complies with Section 135.140 of Title 21 of the Code of Federal Regulations. Sherbet shall contain not more than 75,000 bacteria per gram.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 10. Effective January 1, 2008.)

article: 5. Sherbet

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 2. Frozen Dairy Products > 5. Sherbet


text:
Yogurt sherbet is a product that meets all the requirements and standards prescribed for sherbet, except as follows:

(a) It shall have an acidity of not less than six-tenths of 1 percent calculated as lactic acid.

(b) Bacteria standards which are specified for sherbet do not apply to yogurt sherbet.

(c) It shall have a yogurt content of not less than 40 percent.

history: (History: Repealed and added by Stats. 1994, Ch. 95, Sec. 16. Effective June 6, 1994.)

article: 5. Sherbet


text: Quiescently frozen confections means a clean and wholesome frozen, sweetened, flavored product in the manufacture of which freezing, which is not accompanied with stirring or agitation (generally known as quiescent freezing), has been used. This confection may be acidulated with harmless organic acid, may contain milk solids, may be made with or without added harmless pure or imitation flavoring, and with or without added harmless coloring approved by the secretary. The finished product may contain stabilizers at a level that is necessary to achieve the desired function. Quiescently frozen confections shall contain no more than 75,000 bacteria per gram.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 11. Effective January 1, 2008.)

article: 6. Quiescently Frozen Confections

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 2. Frozen Dairy Products > 6. Quiescently Frozen Confections


text: Quiescently frozen confections may be sold under trade names which are not misleading or deceptive.

article: 6. Quiescently Frozen Confections


text: A quiescently frozen confection shall be manufactured in a form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled, and purveyed to the consumer in their original factory-filled package.

article: 6. Quiescently Frozen Confections


text: In the production of a quiescently frozen confection, no processing or mixing prior to the quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10 percent.

article: 6. Quiescently Frozen Confections


text: Frozen yogurt is a frozen dairy product. It shall be made from milk, with or without added milk solids, flavoring, or seasoning, which has been pasteurized and afterwards fermented by one or more strains of Lactobacillus bulgaricus, including yogurt strains, Streptococcus thermophilous and Lactobacillus acidophilus. It shall not be pasteurized following fermentation. It shall contain not more than 10 coliform bacteria per gram, contain not more than 10 colonies per gram each of molds, yeasts, and other fungi, and be free of any other objectionable bacteria that may impair the quality of the product.

history: (History: Amended by Stats. 2008, Ch. 236, Sec. 3. Effective August 1, 2008.)

article: 7. Frozen Yogurt

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 2. Frozen Dairy Products > 7. Frozen Yogurt


text: Frozen yogurt shall contain not less than 3.5 percent milkfat.

history: (History: Amended by Stats. 2008, Ch. 236, Sec. 4. Effective August 1, 2008.)

article: 7. Frozen Yogurt


text:
As used in this chapter:

(a) “Package” includes cartons, wrappers, or other containers which are used for the sale of butter to the retail trade.

(b) When “numerals” appear following words which relate to scoring, the numerals represent the score of the butter, 100 being a perfect score.

chapter: 3. Butter

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 3. Butter > 1. General Provisions


text: All scoring of butter shall be in the manner which is specified in the regulations which are adopted by the director.

article: 1. General Provisions


text: Quality designations shall be affixed on the package in a manner and fashion which is prescribed in the regulations which are adopted by the director.

article: 1. General Provisions


text: Notwithstanding Section 26001 of the Business and Professions Code, butter purchased from a licensed milk products plant or retail location that is subsequently infused or mixed with medicinal or adult-use cannabis at the premises or location that is not subject to licensing as a milk product plant is exempt from the provisions of this division.

history: (History: Amended by Stats. 2017, Ch. 27, Sec. 110. (SB 94) Effective June 27, 2017.)

article: 1. General Provisions


text:
All butter which is sold or distributed in package form, including such butter which is received from out-of-state points, shall be classified into grades which indicate its quality and shall be labeled and advertised by the use of one of the following designations:

(a) First quality.

(b) Second quality.

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

article: 2. Butter Grades

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 3. Butter > 2. Butter Grades


text:
First quality butter is butter which scores not less than 92. The minimum requirements for first quality butter are as follows:

(a) It shall be fresh, sweet and clean in flavor if of fresh make, or sweet and clean if storage.

(b) The body shall be firm.

(c) The color shall be either light or medium and shall be uniform, except that it may show small curd specks or slight waviness.

(d) The salt shall be either light or medium, and free from grittiness.

(e) The package shall be clean, uniform, and sound.

(f) The defects in body, color, salt, and package shall not total over one point.

article: 2. Butter Grades