text:
Second quality butter is butter which scores below 92, but not less than 90. The minimum requirements for second quality butter are as follows:

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

(b) It may also be flat or lacking in flavor.

(c) The body shall be fairly firm, but may show slight defects in grain and texture.

(d) The color may be either light or medium and shall be fairly uniform, but may be wavy.

(e) The salt may be either light, medium or high, and shall be fairly uniform, but may be slightly gritty.

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

article: 2. Butter Grades


kind: section

code: FAC

text: Butter which scores less than 90 shall not be sold or served to consumers. Such butter when sold shall be in bulk packages which contain not less than 30 pounds, and are labeled “for cooking and baking purposes only.”

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

division: 15. MILK AND MILK PRODUCTS ACT OF 1947

part: 3. MANUFACTURED PRODUCTS

chapter: 3. Butter

article: 2. Butter Grades

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


text: Butter is the product made by gathering the fat or fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents.

article: 3. Butter Standards

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


text: Butter shall be clean and nonrancid and shall contain not less than 80 percent of milk fat.

article: 3. Butter Standards


text: Butter may contain salt or a harmless coloring matter.

article: 3. Butter Standards


text:
Butter flavored with spices, condiments, garlic, chives, herbs, or other flavoring may be sold in whipped or solid form, provided the product meets the following requirements:

(a) The butter, before flavoring, meets all of the requirements for USDA 93 score (AA Grade) butter.

(b) The principal flavor is identified on the container with equal prominence with the word “butter.”

(c) The principal display panel has a list of all ingredients in the descending order of predominence, and identifies the name and address of the manufacturer.

(d) The product is processed in a licensed milk products plant.

(e) The product contains no preservative.

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

article: 3. Butter Standards


text:
Butter which is sold to the retail trade shall be labeled with the name and address of the manufacturer, the wholesale distributor, or the retailer. The following words shall appear above the name:

(a) The words “manufactured by” if the name of the manufacturer is given.

(b) The words “distributed by,” if the name of the wholesale distributor is given.

(c) The words “put up for” or “put up by,” as the case may be, if the name of the retailer is given.

article: 4. Retail Packages

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 3. Butter > 4. Retail Packages


text: Butter which is sold to the retail trade shall be labeled with the words “pasteurized” or “raw,” as the case may be.

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

article: 4. Retail Packages


text:
Butter which is received in this state by brokers, jobbers, and other persons that receive butter in cubes, tubs, firkins, or other bulk packages shall be labeled with all of the following:

(a) The name and address of the manufacturer.

(b) The date on which the butter was manufactured.

(c) The original lot or churn number.

article: 5. Bulk Packages

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 3. Butter > 5. Bulk Packages


text: The markings shall remain on the packages until the butter which is contained in the packages is cut and wrapped for the retail trade.

article: 5. Bulk Packages


text: The name of any city, county, or other geographical designation, or any word which may be pronounced the same as any city, county, or other geographical designation, except the address of the manufacturer, wholesale distributor, or retailer, whose name is printed on any package or wrapper, shall not appear upon any package or wrapper.

article: 5. Bulk Packages


text: This article does not prohibit the use of a trademark or brand which has a geographical name if it was copyrighted or registered in the office of the Secretary of State of this state prior to Janaury 1, 1923.

article: 5. Bulk Packages


text:
Every person that sells, consigns, ships, or presents to any other person any butter that has been shipped or imported into this state from any place outside of the United States shall, before he does so, do all of the following:

(a) Cause to be stamped, marked, or printed upon the wrapper, or other container in blackface letters which are not less than one-eighth of an inch in height the word “imported.”

(b) Display in a conspicuous place in his public salesroom a sign, which shall be not less than one foot in height and two feet in length, which bears the words “imported butter sold here” in blackface letters not less than three inches in height and one-half inch in width upon a white ground.

article: 6. Imported Butter

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 3. Butter > 6. Imported Butter


text: Violation of this article is punishable by imprisonment in the county jail for not more than six months, or by a fine of not more than five hundred dollars ($500), or by both.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 119. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 6. Imported Butter


text: Renovated butter is the product made from impure or rancid butter reduced, for the purpose of cleansing and renovating, to a liquid state by melting and draining off the liquid milk fat and afterwards churning or otherwise manipulating it in connection with milk or any product of milk.

article: 7. Renovated Butter

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 3. Butter > 7. Renovated Butter


text:
It is unlawful for any person to sell any renovated butter unless there is printed upon the label of each and every package, or other container in which such renovated butter is put up for sale or sold at retail, all of the following:

(a) The words “renovated butter” in letters which are at least as large as any other type or lettering on such label.

(b) The name and address of the manufacturer or distributor.

(c) The net weight of the contents of the package.

(d) A full and accurate statement of all the ingredients which are contained in the renovated butter.

article: 7. Renovated Butter


text: Varieties of cheese are foods that conform to the applicable standards of identity provided for in Part 133 of Title 21 of the Code of Federal Regulations. Varieties of cheese that do not conform to these standards are special varieties and shall conform to the standards of composition adopted by the secretary by regulation and that are not inconsistent with the standards of identity in Part 133 of Title 21 of the Code of Federal Regulations.

history: (History: Amended by Stats. 1995, Ch. 150, Sec. 11. Effective January 1, 1996.)

chapter: 4. Cheese

article: 1. Varieties of Cheese

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 4. Cheese > 1. Varieties of Cheese


text: Cheddar cheese is a food that complies with Section 133.113 of Title 21 of the Code of Federal Regulations.

history: (History: Repealed and added by Stats. 1994, Ch. 95, Sec. 23. Effective June 6, 1994.)

article: 1. Varieties of Cheese


text: Washed-curd cheese is a food that complies with Section 133.136 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Colby cheese is a food that complies with Section 133.118 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Monterey cheese or monterey jack cheese is a food that complies with Section 133.153 of Title 21 of the Code of Federal Regulations.

history: (History: Added by Stats. 1994, Ch. 95, Sec. 23. Effective June 6, 1994.)

article: 1. Varieties of Cheese


text: High-moisture jack cheese is a food that complies with Section 133.154 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Cream cheese is a food that complies with Section 133.133 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Cream cheese with other foods is a food that complies with Section 133.134 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Pasteurized neufchatel cheese spread with other foods is a food that complies with Section 133.178 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Pasteurized process cheese is a food that complies with Section 133.169 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Pasteurized process cheese food is a food that complies with Section 133.173 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Pasteurized cheese spread is a food that complies with Section 133.175 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Cold-pack cheese is a food that complies with Section 133.123 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Cold-pack cheese food is a food that complies with Section 133.124 of Title 21 of the Code of Federal Regulations.

article: 1. Varieties of Cheese


text: Dry curd cottage cheese is a food that complies with Section 133.129 of Title 21 of the Code of Federal Regulations.

article: 2. Cottage Cheese

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 4. Cheese > 2. Cottage Cheese


text: Cottage cheese is a food that complies with Section 133.128 of Title 21 of the Code of Federal Regulations. Lowfat cottage cheese is a food that complies with Section 133.131 of Title 21 of the Code of Federal Regulations.

article: 2. Cottage Cheese


text: For the purposes of this article, dry curd cottage cheese or cottage cheese made from goat’s milk are special varieties of cheese.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 3. Effective August 21, 1997.)

article: 2. Cottage Cheese


text: If dry curd cottage cheese or cottage cheese is made from certified raw milk, it shall be labeled as being made from certified raw milk.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 4. Effective August 21, 1997.)

article: 2. Cottage Cheese


text: The packaging of dry curd cottage cheese or cottage cheese, and the addition of milk products to dry curd cottage cheese to make cottage cheese shall take place only in a licensed milk products plant.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 5. Effective August 21, 1997.)

article: 2. Cottage Cheese


text: Any cheese sold in this state shall be labeled in compliance with Title 21 of the Code of Federal Regulations.

article: 3. Labeling

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 4. Cheese > 3. Labeling


text: As used in this article, “Reichert-Meissl number” means the number of milliliters of decinormal alkali which are required to neutralize the acidity of the distillate from five grams of fat treated in the manner specified in the regulations adopted by the director. Such regulations shall conform as closely as possible to the methods which are described in the book, entitled “Official and Tentative Methods of Analysis of the Association of Official Analytical Chemists,” published from time to time by that association.

chapter: 5. Miscellaneous Dairy Products

article: 1. Milk Fat or Butter Fat

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 1. Milk Fat or Butter Fat


text: Milk fat or butterfat is the fat of milk. It shall have a Reichert-Meissl number not less than 24 and a specific gravity not less than 905/1000. In determining the specific gravity, milk fat at 40 degrees centigrade shall be compared with water at 40 degrees centigrade.

history: (History: Amended by Stats. 1967, Ch. 9.)

article: 1. Milk Fat or Butter Fat


text: Skim milk, nonfat milk, or fat-free milk is the product that results from the complete or partial removal of milk fat from milk. It shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 9 percent of milk solids not fat, except that milk produced and marketed pursuant to Article 7 (commencing with Section 35921) of Chapter 2 of Part 2 of this division as skim milk shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 8.5 percent of milk solids not fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 7. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 2. Skim Milk, Nonfat Milk, or Fat-free Milk


text: Skim milk, nonfat milk, or fat-free milk shall conform to the bacterial standards, coliform bacteria standards, and temperature standards of the grade or class of milk from which the skim milk is derived.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 8. Effective August 21, 1997.)

article: 2. Skim Milk, Nonfat Milk, or Fat-free Milk


text: All fluid skim milk which is sold for human consumption as such shall be derived from market milk.


text:
Every container in which skim milk, nonfat milk, or fat-free milk is sold shall be plainly and conspicuously labeled with all of the following:

(a) The words “skim milk,” “nonfat milk,” or “fat-free milk.”

(b) The word “raw” or “pasteurized,” as the case may be.

(c) The grade or class of the milk.

(d) The name and address of the distributor.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 9. Effective August 21, 1997.)


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

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


text: Every container of skim milk, nonfat milk, or fat-free milk, except a glass container, shall be labeled with the words “skim milk,” “nonfat milk,” or “fat-free milk” in letters not less than one-quarter inch in height and one-eighth inch in width.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 10. Effective August 21, 1997.)


text: Lowfat milk or light (lite) milk is a market milk product with added milk solids derived from market milk. Lowfat milk or light milk shall contain not less than 0.9 percent milk fat, not more than 1.1 percent milk fat, and not less than 11 percent of milk solids not fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 12. Effective August 21, 1997.)

article: 2.5. Lowfat Milk or Light Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 2.5. Lowfat Milk or Light Milk


text: Except as otherwise provided in this article, lowfat milk or light (lite) milk shall meet all standards and requirements that are specified in this division for market milk.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 13. Effective August 21, 1997.)

article: 2.5. Lowfat Milk or Light Milk


text: Reduced-fat milk is a market milk product. It shall contain not less than 1.9 percent milk fat, not more than 2.1 percent milk fat, and not less than 10 percent of milk solids not fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 16. Effective August 21, 1997.)

article: 3. Reduced-fat Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 3. Reduced-fat Milk


text: Except as otherwise provided in this article, reduced-fat milk shall meet all standards and requirements that are specified in this division for market milk. It shall be labeled “reduced-fat milk.”

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 17. Effective August 21, 1997.)

article: 3. Reduced-fat Milk


text:
(a) High nutrient lowfat milk is a market milk product with added milk solids derived from market milk. It shall contain not less than 1.0 percent milk fat or more than 1.2 percent milk fat and not less than 13.1 percent of total milk solids.

(b) In addition to any other vitamins and minerals which may be added, it shall contain the following vitamins and minerals: vitamin C, niacinamide, pyridoxine hydrochloride, calcium panothenate, magnesium, and zinc. When added, each of the above listed vitamins and minerals shall provide at least 25 percent of the United States Recommended Daily Allowance in an eight ounce serving.

history: (History: Added by Stats. 1986, Ch. 878, Sec. 1.)

article: 3.5. High Nutrient Lowfat Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 3.5. High Nutrient Lowfat Milk


text: Except as otherwise provided in this article, high nutrient lowfat milk shall meet all standards and requirements which are specified in this division for market milk.

article: 3.5. High Nutrient Lowfat Milk


text: High nutrient lowfat milk shall be labeled in accordance with statutes and regulations applicable to vitamin and mineral addition. The phrase “multiple vitamins and minerals added” shall appear with the product on the principal display panel or panels.

article: 3.5. High Nutrient Lowfat Milk


text: Evaporated milk is a food that complies with Section 131.130 of Title 21 of the Code of Federal Regulations.

history: (History: Repealed and added by Stats. 1994, Ch. 95, Sec. 26. Effective June 6, 1994.)

article: 4. Evaporated Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 4. Evaporated Milk


text: Evaporated cream or clotted cream is cream from which a considerable portion of moisture has been evaporated.

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

article: 5. Evaporated Cream or Clotted Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 5. Evaporated Cream or Clotted Cream


text: Evaporated reduced-fat milk or condensed reduced-fat milk is the liquid food obtained by the partial removal of water and milk fat from milk. The milk fat and total milk solids content of the food shall not be less than 2 percent and 19.5 percent, respectively. Evaporated reduced-fat milk shall contain added vitamins A and D as prescribed in Section 38252. These products shall be homogenized and packaged in hermetically sealed containers and so processed by heat, either before or after sealing, so as to prevent spoilage.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 19. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 5.5. Evaporated Reduced-Fat Milk or Condensed Reduced-Fat Milk


text:
The following vitamin requirements shall be followed:

(a) Vitamin A shall be present in such quantity that each fluid ounce of the food contains not less than 125 International Units thereof, within limits of good manufacturing practice.

(b) Vitamin D shall be present in such quantity that each fluid ounce of the food contains 25 International Units thereof within limits of good manufacturing practice.

history: (History: Added by Stats. 1981, Ch. 298, Sec. 12.)

article: 5.5. Evaporated Reduced-Fat Milk or Condensed Reduced-Fat Milk


text:
The following safe and suitable optional ingredients may be used:

(a) Carriers for vitamins A and D.

(b) Emulsifiers.

(c) Stabilizers, with or without dioctyl sodium sulfosuccinate (when permitted by and complying with the provisions of Section 172.810 of Title 21 of the Code of Federal Regulations).

(d) Characterizing flavoring ingredients, with or without coloring as follows:

(1) Fruit and fruit juice, including concentrated fruit and fruit juice.

(2) Natural and artificial food flavoring.


text: Evaporated skimmed milk is a food that complies with Section 131.132 of Title 21 of the Code of Federal Regulations.

history: (History: Repealed and added by Stats. 1994, Ch. 95, Sec. 28. Effective June 6, 1994.)

article: 6. Evaporated Skimmed Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 6. Evaporated Skimmed Milk


text: Dry whole milk is a food that complies with Section 131.147 of Title 21 of the Code of Federal Regulations.

history: (History: Repealed and added by Stats. 1994, Ch. 95, Sec. 30. Effective June 6, 1994.)

article: 11. Dry Whole Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 11. Dry Whole Milk


text: Extra grade edible dry whey is the product which results by spray drying sweet, fresh cheese whey which has been pasteurized, either before or during the process of manufacture at a temperature of 145 degrees Fahrenheit for 30 minutes or its equivalent in bacterial destruction, and to which no alkali or other chemical has been added.

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

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 12. Extra Grade Edible Dry Whey, Dry Buttermilk, and Modified Dry Whey


text: Extra grade edible dry whey and its reliquefied form shall have a clean whey flavor, free from objectional and nonwhey flavors and odors.

article: 12. Extra Grade Edible Dry Whey, Dry Buttermilk, and Modified Dry Whey


text: Extra grade edible dry whey shall contain not more than 50,000 bacteria per gram, not more than 1.25 percent of milk fat, not more than 5.00 percent of moisture, and not more than 0.16 percent of titratable acidity.


text: The alkalinity of ash which is contained in extra grade edible dry whey shall not exceed 225 ml. 0.1 normal hydrochloric acid (0.1 N HCl) per 100 grams. The scorched particle content shall be not more than 15.0 mg. and the solubility index shall be not more than 1.25 ml.


text: Extra grade edible dry whey shall have a uniform light color, free from lumps that do not break up under moderate pressure, and practically free from brown and black scorched particles.


text: Each container of extra grade edible dry whey shall be labeled with the full name of the product and with the word “pasteurized” when filled.

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


text: Buttermilk for drying shall be fresh, sweet and from the churning of sweet cream butter, with or without the addition of harmless lactic culture and unless cultured, shall be held at 45 degrees Fahrenheit or lower until processed. No neutralizing agent or chemical preservative may be added. The product shall be labeled “Extra Grade Dry Buttermilk.”

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


text: Modified dry whey means the class of foods manufactured from fresh, pasteurized, cheese whey by various processes and procedures under conditions prescribed by the director.

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


text: Safe and suitable substances, as defined in Section 130.3 of Title 21 of the Code of Federal Regulations, may be used in the chemical, physical, or microbial processing of whey during the manufacture of modified whey products.


text: The maximum standard plate count for modified dry whey shall not exceed 50,000 per gram, and the maximum coliform bacteria count shall not exceed 10 per gram. All other chemical, physical, and bacteriological standards for modified dry whey shall be consistent with, but shall not exceed, requirements established under the Federal Food, Drug, and Cosmetic Act.


text: Each container of modified dry whey shall be labeled “Modified Dry Whey.” The label shall also contain a descriptive term of the modification, approved in writing by the director, and a compositional analysis of the finished product. Except for bacterial counts, the compositional analysis shall include those values commonly associated with determining the grade of dry whey.


text: Nonfat dry milk is a food that complies with Section 131.125 of Title 21 of the Code of Federal Regulations. Grade A nonfat dry milk shall contain not more than 30,000 bacteria per gram and not more than 10 coliform bacteria per gram. Manufacturing grade nonfat dry milk shall comply with standards of the United States Department of Agriculture.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 12. Effective January 1, 2008.)

article: 13. Nonfat Dry Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 13. Nonfat Dry Milk


text: Milk drink mix is a market milk product. It shall contain not less than 12 percent total milk solids, not less than 4 percent butterfat, and not more than one-half of 1 percent of pure and harmless edible stabilizer.

article: 14. Milk Drink Mix

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 14. Milk Drink Mix


text: Milk drink mix shall contain no milk or milk products except market milk and milk products which are derived from market milk.

article: 14. Milk Drink Mix


text: Milk drink mix may contain sweetening and harmless flavoring and coloring.

article: 14. Milk Drink Mix


text: Milk drink mix shall be pasteurized and shall contain not more than 75,000 bacteria per gram.

article: 14. Milk Drink Mix


text: Each manufacturer of milk drink mix shall, upon request of the department, submit the names and delivery locations of all persons that receive milk drink mix from such manufacturer.

article: 14. Milk Drink Mix


text: Milk drink is the product which is made from milk drink mix or UHT milk drink mix and which contains not less than 3.5 percent of milk fat nor more than 75,000 bacteria per gram.

history: (History: Amended by Stats. 1987, Ch. 646, Sec. 13. Effective September 15, 1987.)

article: 16. Milk Drink

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 16. Milk Drink


text: No milk or milk products, except market milk, market skim milk, or market cream, shall be combined with, or added to, milk drink mix or UHT milk drink mix in the freezing device in the making of milk drinks.

history: (History: Amended by Stats. 1987, Ch. 646, Sec. 14. Effective September 15, 1987.)

article: 16. Milk Drink


text: Milk with lactobacillus acidophilus culture added, reduced-fat milk with lactobacillus acidophilus culture added, lowfat or light (lite) milk with lactobacillus acidophilus culture added, and nonfat or fat-free milk with lactobacillus acidophilus culture added means a market milk product that has been pasteurized, cooled to a temperature not exceeding 45 °F, and afterwards inoculated with a pure culture of lactobacillus acidophilus.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 20. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 17. Milk, Reduced-Fat Milk, Lowfat Milk, or Light Milk, and Nonfat Milk, Skim Milk, or Fat-Free Milk with Lactobacillus Acidophilus Culture Added


text: The manufacture, labeling, and sale of acidophilus milk and milk, reduced-fat milk, lowfat or light (lite) milk, and nonfat or fat-free milk with lactobacillus acidophilus culture added shall be in accordance with regulations adopted by the secretary after a hearing that is duly called. Interested parties shall be notified of the hearing.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 21. Effective August 21, 1997.)

article: 17. Milk, Reduced-Fat Milk, Lowfat Milk, or Light Milk, and Nonfat Milk, Skim Milk, or Fat-Free Milk with Lactobacillus Acidophilus Culture Added


text: Modified milk is market milk, evaporated milk, or powdered milk which has been altered in composition to conform to special nutritional requirements and which contains no fat or oil except milk fat.

article: 18. Modified Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 18. Modified Milk


text: Cultured milks are foods that comply with Section 131.112 of Title 21 of the Code of Federal Regulations.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 22. Effective August 21, 1997.)

article: 19. Cultured Milks

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 19. Cultured Milks


text:
Every container in which buttermilk is sold shall be labeled with a label containing all of the following information:

(a) The name and address of the distributor.

(b) The factory license number of the manufacturer, if the manufacturer is not the distributor.

(c) A statement that the product is pasteurized, if pasteurized.

(d) A statement that the product is cultured.

(e) A list of ingredients added, such as salt, stabilizers, and flavoring.

(f) If the principal label uses descriptive modifying terms, such terms shall not be false or misleading.

history: (History: Repealed and added by Stats. 1973, Ch. 347.)

article: 19. Cultured Milks


text:
Pasteurized concentrated milk is market milk which has been reduced to a semiliquid state by the removal of a portion of its water content by the aid of heat or the product derived from combining concentrated skim milk derived from market milk with market cream. It shall contain not less than 9.9 percent of milk fat and not less than 24 percent of milk solids not fat. It shall otherwise meet and be subject to all the requirements and standards for market milk, except as follows:

(a) It may be pasteurized before concentration but shall be pasteurized after concentration.

(b) It shall contain not more than 20,000 bacteria per gram.

article: 21. Pasteurized Concentrated Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 21. Pasteurized Concentrated Milk


text: Pasteurized concentrated milk shall be packaged in containers other than hermetically sealed containers.

article: 21. Pasteurized Concentrated Milk


text: Concentrated skim milk is skim milk which is derived from market milk that has been reduced to a semiliquid state by the removal of a portion of its water content by the aid of heat.

article: 22. Concentrated Skim Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 22. Concentrated Skim Milk


text: Concentrated skim milk shall contain not less than 24 percent of milk solids not fat.

article: 22. Concentrated Skim Milk


text: When concentrated skim milk is made entirely from grade A milk, its manufacturer may label it grade A.

history: (History: Added by Stats. 1968, Ch. 954.)

article: 22. Concentrated Skim Milk


text: Flavored milk is market milk to which has been added a stabilizer, sugar, syrup, or flavor made from wholesome ingredients. Flavored milk may be sold as flavored milk, flavored reduced-fat milk, flavored lowfat or light (lite) milk, flavored high nutrient lowfat milk, and flavored nonfat skim or fat-free milk. Flavored milk shall be labeled with the name of the product. The principal flavor may be substituted for the word “flavored” in the name of the product as, for example, “chocolate nonfat milk” in substitution for “flavored nonfat milk.” Flavored milk shall be so colored or contain ingredients that cause it to differ distinctly from milk in appearance and other characteristics.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 23. Effective August 21, 1997.)

article: 23. Flavored Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 23. Flavored Milk


text:
(a) Flavored milk is pasteurized, homogenized milk which meets all standards and requirements which are specified in this division for pasteurized, homogenized milk, and which are specified in Section 38651, except flavored milk shall contain not less than 3.25 percent milk fat.

(b) Flavored milk made from goat milk need not be homogenized, and shall contain not less than 2.8 percent fat.

history: (History: Amended by Stats. 1989, Ch. 512, Sec. 3.)

article: 23. Flavored Milk


text: Flavored lowfat milk shall contain not more than 1.2 percent milk fat. Flavored reduced-fat milk shall contain not more than 2.1 percent milk fat, and shall otherwise meet all standards and requirements that are specified in this division for lowfat or reduced-fat milk, and which are specified in Section 38651.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 24. Effective August 21, 1997.)

article: 23. Flavored Milk


text: Flavored nonfat skim or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat, and shall otherwise meet all standards and requirements that are specified in this division for skim milk, nonfat milk or fat-free milk, and which are specified in Section 38651.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 25. Effective August 21, 1997.)

article: 23. Flavored Milk


text: Flavored high nutrient lowfat milk shall contain not more than 1.2 percent milk fat, and shall otherwise meet all standards and requirements which are specified in this division for high nutrient lowfat milk, and which are specified in Section 38651.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 26. Effective August 21, 1997.)

article: 23. Flavored Milk


text: Sour cream is a food that complies with Section 131.160 of Title 21 of the Code of Federal Regulations. Sour cream shall contain not more than 10 coliform bacteria per gram.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 13. Effective January 1, 2008.)

article: 25. Sour Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 25. Sour Cream


text: Sour cream dressing is a product which is made from pasteurized market cream, with added milk solids derived from market milk, to which any strain, or two or more strains, of lactic acid producing organisms has been added to give it a distinct lactic acid flavor. It shall contain not less than 16 percent of milk fat and not less than 24 percent of total milk solids. It may contain salt and harmless edible stabilizers, emulsifiers, and coagulating enzymes as specified in Title 21 of the Code of Federal Regulations.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 3.)

article: 26. Sour Cream Dressing

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 26. Sour Cream Dressing


text: Sour cream dressing shall be labeled with the term “sour cream dressing” and with the name and address of the distributor.

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

article: 26. Sour Cream Dressing


text: At the time of sale to consumers, sour cream dressing shall be in containers of at least 12-gallon or 4-pound capacity.

history: (History: Amended by Stats. 1984, Ch. 641, Sec. 5.)

article: 26. Sour Cream Dressing


text: Yogurt is a food that complies with Section 131.200 of Title 21 of the Code of Federal Regulations. Yogurt shall contain not more than 10 coliform bacteria per gram, and shall contain not more than 10 colonies per gram each of molds, yeasts, and other fungi.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 14. Effective January 1, 2008.)

article: 27. Yogurt

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 27. Yogurt


text:
Whipped topping made from nonfat yogurt shall comply with the following standards:

(a) The product shall contain not less than 25 percent nonfat yogurt by weight.

(b) The product shall contain edible oil or fat other than milkfat and not less than 4 percent or more than 10 percent edible oil or fat from all sources.

(c) The product shall be sold in the frozen state and thawed prior to use. It shall weigh not less than two pounds per gallon.

(d) The product may contain nutritive carbohydrate sweeteners and may be characterized by the addition of flavoring ingredients.

(e) The product may contain harmless edible stabilizers and emulsifiers as specified in Title 21 of the Code of Federal Regulations.

(f) The product may contain fruit juices, harmless flavoring, and harmless coloring.

(g) The product shall be pasteurized.

history: (History: Repealed and added by Stats. 1994, Ch. 95, Sec. 37. Effective June 6, 1994.)

article: 27. Yogurt


text: For the purposes of this article light cream, light whipping cream, heavy cream, and whipped cream are market cream products and shall contain not more than 20,000 bacteria per gram and not more than 10 coliform bacteria per gram.

history: (History: Repealed and added by Stats. 2007, Ch. 339, Sec. 16. Effective January 1, 2008.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 29. Light Cream, Heavy Cream, Whipping Creams, and Whipped Cream


text: Light cream, coffee cream, or table cream is a food that complies with Section 131.155 of Title 21 of the Code of Federal Regulations.

history: (History: Added by Stats. 2007, Ch. 339, Sec. 16. Effective January 1, 2008.)

article: 29. Light Cream, Heavy Cream, Whipping Creams, and Whipped Cream


text: Light whipping cream or whipping cream is a food that complies with Section 131.157 of Title 21 of the Code of Federal Regulations.


text: Heavy cream or heavy whipping cream is a food that complies with Section 131.150 of Title 21 of the Code of Federal Regulations.


text: Whipped cream is a food that complies with Section 131.25 of Title 21 of the Code of Federal Regulations.


text: Eggnog is a food that complies with Section 131.170 of Title 21 of the Code of Federal Regulations. Eggnog shall contain not more than 20,000 bacteria per gram and not more than 10 coliform bacteria per gram.

history: (History: Amended by Stats. 2007, Ch. 339, Sec. 17. Effective January 1, 2008.)

article: 31. Eggnog

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 31. Eggnog


text: Acidified milk products are foods that comply with Section 131.111 or 131.162 of Title 21 of the Code of Federal Regulations.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 30. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 35. Milk Products Made by Acidified Processes


text: Market milk or market milk combined with nonfat milk from market milk, with or without added market milk solids, flavoring, or seasoning, which is certified raw milk or has been pasteurized and afterwards fermented by Lactobacillus bulgaricus, Lactobacillus acidophilus, and Lactobacillus caucasicus may be sold as kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir, or such names as may be characteristic for the product and approved by the secretary. The product may contain harmless edible stabilizers not to exceed six-tenths of 1 percent. It shall contain no more than 10 coliform bacteria per gram and shall be free of molds, yeasts, and other fungi, and other objectionable bacteria that may impair the quality of the product.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 31. Effective August 21, 1997.)

article: 36. Kefir Milk—A Cultured Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 36. Kefir Milk—A Cultured Milk


text:
Kefir shall contain not less than 3.5 percent milk fat. Reduced-fat kefir shall contain not more than 2.1 percent milk fat. Lowfat kefir shall contain not more than 1.2 percent milk fat. Nonfat, skim, or fat-free kefir shall contain a maximum of twenty hundredths of 1 percent milk fat.

Kefir made from goat milk shall contain not less than 2.8 percent of milk fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 32. Effective August 21, 1997.)

article: 36. Kefir Milk—A Cultured Milk


text: When offered for sale, kefir, reduced-fat kefir, lowfat or light (lite) kefir, and nonfat, skim, or fat-free kefir shall be labeled, on a principal panel of the container, with the name of the product, the name and address of the manufacturer or distributor, and a statement whether it is made from pasteurized milk or certified raw milk. If the name and address of the distributor are used, the factory license number of the manufacturer shall also appear on the carton or container. Kefir shall be labeled “Kefir a Cultured Milk.” Reduced-fat kefir shall be labeled “Reduced-fat Kefir a Cultured Milk.” Lowfat or light (lite) kefir shall be labeled “Lowfat Kefir a Cultured Milk” or “Light (Lite) Kefir a Cultured Milk.” Nonfat, skim, or fat-free kefir shall be labeled “Nonfat Kefir a Cultured Milk,” “Skim Kefir a Cultured Milk,” or “Fat-free Kefir a Cultured Milk.”

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 33. Effective August 21, 1997.)

article: 36. Kefir Milk—A Cultured Milk


text: Kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir, in liquid form, and with or without fruit added, shall be made from market milk and may be labeled as “Certified Raw,” “Certified Pasteurized,” or “Grade A.”

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 34. Effective August 21, 1997.)

article: 36. Kefir Milk—A Cultured Milk


text:
Fruit kefir is kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir that contains not less than 8 percent by weight of clean, mature, sound fruit or its equivalent in other forms. The milk fat content of fruit kefir shall be not less than 2.8 percent. Lowfat or light (lite) fruit kefir shall contain not more than 1.2 percent milk fat. Reduced-fat kefir shall contain not more than 2 percent of milk fat. Nonfat, skim, or fat-free fruit kefir shall contain a maximum of twenty hundredths of 1 percent milk fat. Harmless coloring may be added to fruit kefir.

The milk fat content of fruit kefir made from goat milk shall not be less than 2.0 percent.

history: (History: Amended by Stats. 1998, Ch. 232, Sec. 4. Effective August 4, 1998.)

article: 37. Fruit Kefir—A Cultured Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 37. Fruit Kefir—A Cultured Milk


text:
When fruit is added to kefir, reduced-fat kefir, lowfat or light (lite) kefir, or nonfat, skim, or fat-free kefir, the name of the fruit shall appear on a panel of the carton or container immediately preceding the name of the product.

The words “Certified Raw,” “Certified Pasteurized,” or “Grade A” when used in the label of the product, shall precede the name of the fruit.

Fruit kefir in its composition and labeling shall otherwise comply with all the requirements of Article 36 (commencing with Section 38871).

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 36. Effective August 21, 1997.)

article: 37. Fruit Kefir—A Cultured Milk


text: Lactose reduced milk, reduced-fat lactose reduced milk, lactose reduced lowfat or light (lite) milk, and lactose reduced nonfat, skim, or fat-free milk are market milk products resulting from the treatment of milk, reduced-fat milk, lowfat or light (lite) milk, or nonfat, skim, or fat-free milk by the addition of safe and suitable enzymes to convert sufficient amounts of the lactose to glucose or galactose so that the remaining lactose is less than 30 percent of the lactose in milk, reduced-fat milk, lowfat or light (lite) milk, or nonfat, skim, or fat-free milk.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 37. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 38. Lactose Reduced Milk, Reduced-Fat Lactose Reduced Milk, Lactose Reduced Lowfat or Light Milk, and Lactose Reduced Nonfat, Skim, or Fat-Free Milk


text: Nonfat market milk, with or without added market milk solids, which has been pasteurized and afterwards fermented by one or more strains of streptococcus lactis, streptococcus cremoris, streptococcus diacethylactis, or leuconostoc sp., and rennet with or without pasteurized market cream, flavoring, or seasoning may be sold as fromage frais or soft fresh cheese. These products may contain nutritive carbohydrate sweeteners. They shall contain no more than 10 coliform bacteria per gram.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 38. Effective August 21, 1997.)

article: 39. Fromage Frais or Soft Fresh Cheese

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 39. Fromage Frais or Soft Fresh Cheese


text: Fromage frais or soft fresh cheese shall have at least 70 percent of the lactose in the original milk solids removed through the whey. Fromage frais or soft fresh cheese shall have a maximum dry matter content of 24.5 percent prior to the addition of any bulky flavors.

history: (History: Added by Stats. 1986, Ch. 800, Sec. 8. Effective September 15, 1986.)

article: 39. Fromage Frais or Soft Fresh Cheese


text:
Fromage frais or soft fresh cheese, without the addition of bulky flavors, shall contain not less than 3.5 percent of milk fat.

Fromage frais or soft fresh cheese made from goat milk, without the addition of bulky flavors, shall contain not less than 2.8 percent of milk fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 39. Effective August 21, 1997.)

article: 39. Fromage Frais or Soft Fresh Cheese


text: When offered for sale, fromage frais or soft fresh cheese shall be labeled on a principal panel of the container, with the name of the product, the name and address of the manufacturer or distributor. If the name and address of the distributor are used, the factory license number of the manufacturer shall also appear on the carton or container. Fromage frais or soft fresh cheese shall be labeled as “fromage frais” or “soft fresh cheese.”

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 40. Effective August 21, 1997.)

article: 39. Fromage Frais or Soft Fresh Cheese


text: Bulky flavored fromage frais or bulky flavored soft fresh cheese is fromage frais or soft fresh cheese that contains clean, mature, sound fruit or its equivalent in other forms, or other bulky flavoring ingredients.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 41. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 40. Bulky Flavored Fromage Frais or Bulky Flavored Soft Fresh Cheese


text: When bulky flavor is added to fromage frais or soft fresh cheese, the name of the bulky flavor shall accompany the name of the product on the principal panel or panels of the label. Bulky flavored fromage frais or bulky flavored soft fresh cheese in its composition and labeling shall otherwise comply with all the requirements of Article 39 (commencing with Section 38885).

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 42. Effective August 21, 1997.)

article: 40. Bulky Flavored Fromage Frais or Bulky Flavored Soft Fresh Cheese


text: Safe and suitable enzymes, as approved by the director, may be added to dairy products for the purpose of conversion of lactose to glucose or galactose. Any added enzyme shall appear in the ingredient list of the product.

history: (History: Added by Stats. 1986, Ch. 610, Sec. 6.)

article: 41. Lactose Reduced Dairy Products

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 5. Miscellaneous Dairy Products > 41. Lactose Reduced Dairy Products


text: “Lactose reduced” may be included in the nomenclature of the product if there has been conversion of sufficient amounts of lactose to glucose or galactose so that the remaining lactose is less than 30 percent of the original lactose of the dairy product. Lactose reduced dairy products shall meet all other compositional standards for the products except that the minimum solids-not-fat content for reduced-fat, lowfat, or light (lite) milk, and flavored reduced-fat, lowfat, or light (lite) milk, labeled as “lactose reduced” shall be 8.7 percent.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 43. Effective August 21, 1997.)

article: 41. Lactose Reduced Dairy Products


text: The production and distribution of products resembling milk products, is hereby declared to be a business affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, safety, and welfare of the people of this state.

history: (History: Repealed and added by Stats. 1968, Ch. 1250.)

chapter: 6. Products Resembling Milk Products

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 1. General Provisions


text:
The Legislature further finds and declares all of the following:

(a) There is an increasing advent into the marketplace of food products which in appearance, taste and other physical characteristics resemble milk products, which are frequently mistaken by consumers for milk and milk products, which are used for the same or similar purposes as milk and milk products, which are frequently manufactured, transported and sold in the same places as milk and milk products, which are frequently packaged in the same types, sizes and shapes of containers as milk and milk products, which are suitable media for the growth and multiplication of micro-organisms; but which food products contain fats and oils other than milk fat in combination with milk products or contain no milk products.

(b) It is necessary in order to prevent and avoid false, misleading and deceptive marketing of such products resembling milk products, and in order to prevent deception and confusion among consumers, and in order to protect public health, that this chapter be enacted, and that the director from time to time promulgate regulations governing the labeling, identification and sanitary production of all such products.

article: 1. General Provisions


text:
This chapter does not apply to:

(a) Margarine, dairy spread, or spread subject to Chapter 8 (commencing with Section 39351).

(b) A distinctive proprietary food compound which complies with all of the following requirements:

(1) Not readily mistaken in taste for milk, or for evaporated, skim, condensed, or dried milk.

(2) Prepared and designed for feeding infants and young children.

(3) Sold exclusively by druggists, orphanages, child welfare associations, hospitals, and similar institutions or for shipment outside of this state.

(c) Imitation ice cream and ice milk subject to Chapter 7 (commencing with Section 39151).

(d) Any product resembling a milk product which resembling product is subjected to a temperature high enough to sterilize the product and is packaged in an hermetically sealed container.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 5.)

article: 1. General Provisions


text: Imitation cheese or substitute for cheese are subject to the provisions of this chapter.

history: (History: Added by Stats. 1973, Ch. 341.)

article: 1. General Provisions


text: Nondairy frozen dessert is subject to the provisions of this chapter.

history: (History: Added by Stats. 1979, Ch. 440.)

article: 1. General Provisions


text: Except as provided in this section, no products resembling milk products shall be used in any of the charitable or penal institutions that receive assistance from the state. If the state is informed in writing that government holdings of milk or milk products cannot be purchased or acquired by the state, the Department of General Services may purchase for use in state institutions such products if requested to do so by the director of the department which has control of any state institutions for which such product is intended.

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

article: 1. General Provisions


text: It is unlawful for a restaurant or any other place where food is served to the public for consumption on the premises to misrepresent products resembling milk products as milk products.

history: (History: Repealed and added by Stats. 1982, Ch. 787, Sec. 4.2.)

article: 1. General Provisions


text: If a provision of this chapter and a provision of the Health and Safety Code are applicable to the same person and subject matter, the provisions of this chapter shall prevail.

article: 1. General Provisions


text: If any article, section, subdivision, sentence or clause of any provision of this chapter is for any reason adjudged unconstitutional or unenforceable, such decision does not affect the validity of the remaining provisions of this chapter. The Legislature hereby declares that it would have enacted all provisions of this chapter irrespective of the fact that one or more of such provisions is adjudged unconstitutional or unenforceable.

article: 1. General Provisions


text: The provisions of this chapter shall not be construed as necessitating any alterations or deviations in the normal and traditional methods of manufacturing, distributing, and selling products resembling milk products, except insofar as such methods specifically violate provisions of this chapter.

article: 1. General Provisions


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

article: 2. Definitions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 2. Definitions


text: “Products resembling milk products” means any food product for human consumption, except those referred to in Section 38903, which has the appearance, taste, smell, texture or color of a milk product and which, taken as a whole, bears resemblance to a milk product, could be mistaken for a milk product, or could be used as a substitute for a milk product.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 5.)

article: 2. Definitions


text: “Imitation milk product” means a product resembling a milk product which contains oils, fats, or other ingredients, other than milk or milk products, in combination with milk or milk products. An imitation milk product may be referred to as a “filled product,” or by such other name or names as may be established from time to time by the director by regulation.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 7.)

article: 2. Definitions


text: “Nondairy product” means a product resembling a milk product, but which nondairy product contains no milk or milk solids.

article: 2. Definitions


text: The director shall adopt regulations providing for the healthfulness and standard of purity of products resembling milk products. The regulations shall be those reasonably necessary to ensure that the products are safe for human consumption under the circumstances under which they are likely to be offered for sale and consumed. The standards of purity, including bacterial standards, shall not be less than those of the milk products imitated or substituted.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 12.)

article: 3. Standards

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 3. Standards


text: When the use of market milk or any derivative or component of market milk is required in any milk product, any fluid milk, fluid skim milk, fluid cream, milk fat or milk solids used in an imitation milk product imitating the milk product shall be market milk.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 13.)

article: 3. Standards


text:
Nondairy frozen dessert shall comply with the following standards:

(a) The product shall contain not less than one-half of 1 percent of edible oil or fat other than milk fat.

(b) The product shall contain 1.3 pounds of food solids per gallon at the time of sale to the consumer.

(c) The product may contain harmless edible stabilizers and emulsifiers as specified in Title 21 of the Code of Federal Regulations.

(d) The product may contain nutritive carbohydrate sweeteners.

(e) The product may contain fruit or fruit juices, nut meats, harmless flavoring, and harmless coloring.

(f) The product shall not contain more than 75,000 bacteria or 10 coliform bacteria per gram.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 7.)

article: 3. Standards


text: Nondairy frozen dessert mix is a product in a final, dry, or concentrated form used in the manufacture of nondairy frozen dessert. It shall comply with all the requirements of nondairy frozen dessert. It shall have been pasteurized or otherwise subjected to a process that has been proven, to the satisfaction of the director, to be equally effective.

article: 3. Standards


text: It is unlawful to engage in the manufacture of products resembling milk products, unless a license for the then current calendar year for each separate plant or place used for such business is issued by the director pursuant to this article.

article: 4. Plant Licensing

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 4. Plant Licensing


text: Applications for a license shall be in the form which shall be prescribed by the director.

article: 4. Plant Licensing


text: The application shall be accompanied by a fee of one hundred dollars ($100). The fee shall be prorated on a monthly basis for any licensee that commences operations after the first quarter in any calendar year whether or not such plant was licensed during the preceding calendar year.

history: (History: Amended by Stats. 1969, Ch. 634.)

article: 4. Plant Licensing


text: The director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to manufacture, sell, or distribute products resembling milk products for the then current calendar year for which the license is issued, unless the license is sooner revoked or suspended.

article: 4. Plant Licensing


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

article: 4. Plant Licensing


text: It is unlawful for any person to sell, give away, deliver, or to knowingly purchase or receive any product resembling milk products which has been produced in a plant that is in an insanitary condition, or that is handled by any carrier or any store or depot that is in an insanitary condition.

history: (History: Added by Stats. 1968. Ch. 1250.)

article: 4. Plant Licensing


text: Grounds for revocation or suspension of such license shall be the manufacture of products resembling milk products under unhealthful or insanitary conditions or which violate the provisions of Section 38924 or 38925.

article: 4. Plant Licensing


text: Any person engaged in the manufacture of products resembling milk products, shall register the products with the department as provided by this article.

article: 5. Product Registration

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 5. Product Registration


text: Application for a registered product shall be in the form which shall be prescribed by the department and shall include the ingredients of the product, and the proposed label or labels for the product. The director shall grant such application if he determines that the product will comply or has complied with the provisions of this chapter.

article: 5. Product Registration


text: The application shall be accompanied by a fee of twenty-five dollars ($25). The information required by Section 38942 shall be kept current and amended whenever any change is made.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 14.)

article: 5. Product Registration


text: Each registration which has been approved expires on December 31st of the second year after it was approved and may be renewed for two years by payment of a renewal fee of ten dollars ($10). The renewal shall be made on forms which are supplied by the director.

history: (History: Added by Stats. 1982, Ch. 787, Sec. 15.)

article: 5. Product Registration


text: No product resembling milk products shall be sold unless it has an active registration on file with the department.

article: 5. Product Registration


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

history: (History: Added by Stats. 1982, Ch. 787, Sec. 16.)

article: 5. Product Registration


text: In addition to any other penalty, the department may revoke or suspend the registration of any product resembling milk products for any violation of this chapter or the regulations adopted pursuant to this chapter.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 17.)

article: 5. Product Registration


text: All product registration made pursuant to this article shall be confidential. No information contained in the application for any such registration, or in the registration, shall be divulged by the director except if necessary for the proper determination of any court proceedings or hearing before the director.

article: 5. Product Registration


text: Any person or association or corporation engaged in the manufacture, sale, or distribution of products resembling milk products shall label such products in accordance with the provisions of this article and with regulations which shall be adopted by the director. The labels may be submitted to the director for approval.

history: (History: Repealed and added by Stats. 1968, Ch. 1250.)

article: 6. Labels

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 6. Labels


text: Each container which contains a product resembling a milk product, shall be labeled with the name and address of the manufacturer or distributor, and in the event the address is not the address of the manufacturer or final packaging plant, the label shall include the national uniform federal information processing standards state code number to be immediately followed by a hyphen and the plant number assigned by the appropriate state regulatory agency. The list of ingredients of any product resembling a milk product shall be immediately preceded by the product name, such as “Imitation ____,” “Nondairy Product,” “Filled Product,” or any other applicable term the director has established for the products by regulation. In addition, the director may, by regulation, require any other information to be included on the label which the director determines to be in the public interest.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 18.)

article: 6. Labels


text: Any product labeled as a “nondairy product” and containing one or more ingredients derived from milk shall clearly indicate upon such label, in a manner established by the director through regulation, which ingredients are milk derivatives.

history: (History: Added by Stats. 1979, Ch. 473.)

article: 6. Labels


text:
An imitation milk product, the composition and physical characteristics of which closely resemble those of a milk product or a specified variety of a milk product may be labeled “imitation,” followed by the name of the milk product imitated; for example, “imitation milk,” “imitation coffee cream,” “imitation cheddar cheese.”

An imitation milk product, the composition and physical characteristics of which do not closely resemble those of a milk product or a defined variety of a milk product shall be labeled as “imitation” or “filled” or by any other term approved by the director, followed by a term which generally describes that category of milk product; for example, “imitation milk product,” “imitation cream product,” “imitation cheese product.”

history: (History: Repealed and added by Stats. 1982, Ch. 787, Sec. 20.)

article: 6. Labels


text: Labels or products resembling milk products may contain references and comparisons of the products with milk products as long as such statements are reasonable, relevant, truthful, complete, and not deceptive or misleading. The director may require satisfactory proof of the compliance of any statement with the provisions of this section.

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

article: 6. Labels


text: On the labels of imitation milk products the use of pictures and symbols depicting dairy or agricultural activities, or associating the product with such activities, and use of dairy or agricultural terms or words, or derivations or cognates thereof, shall be subject to restriction or prohibition by the director by regulation. The basis for such regulations shall be the degree to which such symbols or words make or fail to make a significant contribution to a truthful and complete representation of the product, or appear to be likely to be deceptive and misleading to the purchaser.

article: 6. Labels


text: Nondairy product containers and labels shall not contain any combination of words, symbols, marks, designs, or representations commonly used or associated with the sale, advertising, or distribution of milk products. The labels shall not contain statements regarding milk products except those permitted by Section 38954 and any necessary factual statement regarding any ingredient milk products.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 21.)

article: 6. Labels


text: No product resembling a milk product shall be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions that is likely to mislead, deceive, or confuse consumers into believing such products are milk products.

article: 7. Advertising and Display

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 7. Advertising and Display


text: The director may adopt regulations to enforce the provisions of this article. In adopting the regulations, the director shall consider and follow, insofar as practical, the provisions of Sections 38952, 38954, 38955, and 38956, as well as any other relevant considerations. In addition the director may distinguish between different products or types of products on the basis of the nature of the product, its labeling, the manner in which it is customarily presented or is likely to be presented to the consumer, and any other relevant factors, if he or she determines the differentiation is warranted and in the public interest.

history: (History: Amended by Stats. 1982, Ch. 787, Sec. 23.)

article: 7. Advertising and Display


text: The director shall enforce the provisions of this chapter.

article: 8. Administration

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 8. Administration


text: The director may adopt any regulations necessary for the implementation and adequate enforcement and administration of the provisions of this chapter and that he determines are necessary to protect the public health and to prevent deception and confusion among consumers.

article: 8. Administration


text: The regulations shall be adopted after a public hearing in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 50.)

article: 8. Administration


text: Notwithstanding any other provisions of this chapter to the contrary, the director shall by regulation waive any of the provisions of this chapter as they apply to products resembling milk products manufactured for sale and distribution exclusively outside of this state, provided that the regulations contain provisions ensuring that the products will not be made available or sold to consumers in this state.

article: 8. Administration


text: If the director determines that fees established to enforce and administer this chapter exceed the cost of enforcing and administering this chapter, he or she may by regulation reduce the fees accordingly. If he or she determines that the fees are insufficient to defray the costs, he or she may use funds for the administration and enforcement of this chapter which are collected from producers and distributors pursuant to Article 14 (commencing with Section 62211) of Chapter 2 of Part 3 of Division 21 and which have been appropriated from the Department of Food and Agriculture Fund for this purpose.

history: (History: Amended by Stats. 1983, Ch. 101, Sec. 51.)

article: 8. Administration


text: Any moneys which are received by the director or the department pursuant to this chapter shall be paid into the State Treasury to the credit of the Department of Agriculture Fund to be expended as provided by the provisions of this chapter.

article: 8. Administration


text: The director may bring an action to enjoin the violation, or the threatened violation, of any provision of this chapter or any regulation adopted under this chapter in the superior court in the county in which the violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions or regulations, although their properties, interests, residences, or places of business may be in several counties and the violations separate and distinct. Any proceeding which is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

history: (History: Added by Stats. 1982, Ch. 787, Sec. 25.)

article: 9. Civil Remedies and Penalties

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 6. Products Resembling Milk Products > 9. Civil Remedies and Penalties


text: Any person that violates any provision of this chapter or any regulation adopted under this chapter, is liable civilly in the amount of five hundred dollars ($500) for each and every violation. The penalty is to be recovered by the director in any court of competent jurisdiction. Any sum which is recovered under this section shall be deposited in the State Treasury to the credit of the Department of Food and Agriculture Fund.

article: 9. Civil Remedies and Penalties


text: The ingredients, except fruits, nuts, and flavors, which are used in the manufacture of imitation ice cream or imitation ice milk, shall be pasteurized.

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

chapter: 7. Imitation Ice Cream and Ice Milk

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 7. Imitation Ice Cream and Ice Milk > 1. General Provisions


text: Imitation ice cream and imitation ice milk shall otherwise be manufactured, advertised, and sold pursuant to regulations which are adopted by the director.

article: 1. General Provisions


text: It is unlawful for any person to sell imitation ice cream or imitation ice milk in bulk for purpose of resale.

article: 1. General Provisions


text: Imitation ice cream and imitation ice milk are substances, mixtures, or compounds which are made in the imitation of, or which have the appearance of, ice cream or ice milk, and which contain any edible oil or fat, except milk fat, or which contain solids other than milk solids not fat except stabilizer, fruits, nuts, chocolate syrup, or sweetening.

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 7. Imitation Ice Cream and Ice Milk > 2. Imitation Ice Cream and Ice Milk Standards


text: Imitation ice cream shall contain not less than 10 percent of edible oil or fat.

article: 2. Imitation Ice Cream and Ice Milk Standards


text: Imitation ice milk shall contain not less than 2 percent of edible oil or fat, and harmless edible stabilizer as specified in Title 21 of the Code of Federal Regulations.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 8.)


text: Imitation ice cream or imitation ice milk, at the time of sale by the manufacturer or retailer, shall not contain more than 75,000 bacteria per gram. Imitation ice cream and imitation ice milk shall otherwise conform to the composition and weight requirements which are specified in regulations of the director.


text: Every container of imitation ice cream or imitation ice milk shall be conspicuously so labeled, and every place where imitation ice cream or imitation ice milk is sold, shall display a conspicuous, legible sign which contains the words “imitation ice cream sold here” or “imitation ice milk sold here”, as the case may be, in plain, block letters that are not less than six inches high. The sign display requirements of this section shall not apply to any place, except any vending machine whether mobile or otherwise, where imitation ice cream or imitation ice milk is sold in properly labeled consumer packages or containers for off-premises consumption.

article: 3. Labels and Signs

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 7. Imitation Ice Cream and Ice Milk > 3. Labels and Signs


text: If a trade name is used on any vehicle which conveys, or any place where imitation ice cream or imitation ice milk is sold, the words “imitation ice cream” or “imitation ice milk”, shall be the same size as the largest letters used in the trade name and as conspicuously placed. In no case shall the letters in the words “imitation ice cream” or “imitation ice milk” be less than six inches high.

article: 3. Labels and Signs


text: A person shall not use the name “creamy,” “creamery,” or “dairy,” or the representation of a cow or any breed of dairy cattle, or any combination of such words, symbols, marks, designs, or representations commonly used in the sale, advertising, or distribution of ice cream.

article: 3. Labels and Signs


text:
Milk shakes, malted milks, or malts, as such terms are commonly used in the restaurant, confectionary, or soft drink trade shall not be made from imitation ice cream or imitation ice milk or served to any customer for consumption upon the premises where they are made unless there is displayed upon such premises and visible to all customers a sign, which, as the case may require, shall read: “Imitation ice cream used in the milk drinks served here” or “Imitation ice milk used in the milk drinks served here.”

Each such sign shall be printed in plain block letters not less than six inches high.

article: 3. Labels and Signs


text: Except as otherwise provided, the provisions of this code which relate to margarine, dairy spread, or spread are likewise applicable to colored margarine, colored dairy spread, or colored spread.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 7.)

chapter: 8. Margarine, Dairy Spread, and Spread

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 1. General Provisions


text: It is unlawful for any person knowingly to ship, or for any carrier for hire knowingly to receive for shipment, any margarine, dairy spread, or spread unless it is labeled in conformity with this chapter and shipped and receipted for in its true name, or unless it is in transit between foreign states.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 8.)

article: 1. General Provisions


text: It is unlawful for any person knowingly to possess or have under his or her control any margarine, dairy spread, or spread, except for actual consumption by himself or herself or his or her family, unless it is labeled in conformity with this chapter.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 9.)

article: 1. General Provisions


text: Each person that manufactures any margarine, dairy spread, or spread shall comply with this article.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 10.)

article: 2. Labeling of Shipping Containers

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 2. Labeling of Shipping Containers


text:
There shall be printed, stamped, or stenciled in a clear and durable manner upon one side of each tub, firkin, box, or other outer package in which margarine, dairy spread, or spread is removed from the place where it is produced or put up, as distinguished from the package in which it is to be put up for sale or sold at retail, all of the following:

(a) The words “oleomargarine,” “margarine,” “dairy spread,” or “spread,” as the case may be, in plain roman letters of not less than 36-point type.

(b) A statement, which is printed in plain roman type, of a size not smaller than pica, which states the name and address of the manufacturer or of the distributor.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 11.)

article: 2. Labeling of Shipping Containers


text:
It is unlawful for any person to sell any margarine, dairy spread, or spread, unless there is printed upon the label of each and every package, or other container in which the margarine, dairy spread, or spread is put up for sale or sold at retail all of the following:

(a) The words “oleomargarine,” “margarine,” “dairy spread,” or “spread,” as the case may be, in letters which are at least as large as any other type or lettering on the label. The word “oleomargarine,” “margarine,” “dairy spread,” or “spread” shall be of a color in strong contrast to the color of the container.

(b) The name and address of the manufacturer or distributor.

(c) The net weight of the contents.

(d) A full and accurate statement of all the ingredients which are contained in the substance in the package.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 13.)

article: 3. Labeling of Retail Packages

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 3. Labeling of Retail Packages


text: A person shall not sell or take orders for the future delivery of any margarine, dairy spread, or spread under the name of butter, or under the pretense that the substance is butter.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 14.)

article: 4. Misrepresentation

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 4. Misrepresentation


text: A person shall not, in connection or association with the sale or advertisement of any margarine, dairy spread, or spread represent or suggest by any means whatsoever that the substance is a dairy product. Nothing contained in this section shall, however, prevent an accurate and full statement of all of the ingredients which are contained in such substance.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 15.)

article: 4. Misrepresentation


text: Margarine (oleomargarine) is a substitute for butter which contains not less than 80 percent edible oils or fat and otherwise conforms to Part 166 (commencing with Section 166.40) of Title 21 of the Code of Federal Regulations.

history: (History: Repealed and added by Stats. 1985, Ch. 512, Sec. 18.)

article: 6. Margarine

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 6. Margarine


text: Colored margarine, dairy spread, or spread is margarine, dairy spread, or spread which has a tint or shade that contains more than 1.6 degrees of yellow, or of yellow and red collectively, but with an excess of yellow over red, measured in terms of the Lovibond tintometer scale or its equivalent.

history: (History: Amended by Stats. 1985, Ch. 512, Sec. 20.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 7. Colored Margarine, Dairy Spread, or Spread


text: Dairy spread is a substitute for butter which is made from a blend of milkfat, cultured buttermilk, milk solids-not-fat, and edible oil or fat, other than milk fat. Dairy spread may contain one or more of the following optional ingredients: salt, harmless flavor and color, any safe and suitable stabilizers and emulsifiers, and vitamins.

history: (History: Added by Stats. 1985, Ch. 512, Sec. 22.)

article: 8. Dairy Spread

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 8. Dairy Spread


text: Dairy spread shall contain a minimum of 40 percent fat and a minimum of 15 percent milk solids-not-fat; (60 percent of the blended fat ingredients shall be of milk fat origin) and may contain not more than 0.01 percent potassium sorbate to retard spoilage. Dairy spread shall be pasteurized.

article: 8. Dairy Spread


text: Spread is a substitute for butter consisting of mixtures of compounds which may include milk solids-not-fat and edible oils and fats that is made in imitation or semblance of butter and does not meet the definition for margarine or dairy spread.

history: (History: Added by Stats. 1985, Ch. 512, Sec. 23.)

article: 9. Spread

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 8. Margarine, Dairy Spread, and Spread > 9. Spread


text: “UHT” when used to describe a dairy product or a product resembling a milk product means that the product has been hermetically sealed in a container and so thermally processed in conformance with Section 113 of Title 21 of the Code of Federal Regulations and the provisions of the Grade A Pasteurized Milk Ordinance as to render the product free of microorganisms capable of reproducing in the product under normal nonrefrigeration conditions of storage and distribution. The product shall be free of viable microorganisms, including spores, of public health significance. UHT products, as defined in this chapter, shall meet the definition for aseptically processed milk and milk products in the Grade A Pasteurized Milk Ordinance.

history: (History: Added by Stats. 1987, Ch. 646, Sec. 17. Effective September 15, 1987.)

chapter: 9. UHT Milk Products

article: 1. General Provisions

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 1. General Provisions


text:
(a) All products defined in this chapter shall be labeled in accordance with the applicable general labeling requirements of the Grade A Pasteurized Milk Ordinance for aseptically processed milk and milk products.

(b) Except as otherwise provided in this section, all products defined in this chapter shall conform to the labeling requirements for market milk and applicable labeling provisions of the Code of Federal Regulations.

article: 1. General Provisions


text: UHT milk and UHT cream is market milk or market cream processed and packaged pursuant to Section 39701. A harmless edible stabilizer as specified in Title 21 of the Code of Federal Regulations may be added to UHT milk or UHT cream.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 9.)

article: 2. UHT Milk and Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 2. UHT Milk and Cream


text: UHT milk or UHT cream shall be made from market milk or market cream which meets all the requirements of this division for the respective class or grade of milk and cream which is used. However, the milk or cream need not be cooled if it has been demonstrated to the satisfaction of the director that this cooling is not required for the proper processing of the product.

article: 2. UHT Milk and Cream


text: UHT milk shall contain not less than 3.25 percent milk fat and not less than 8.25 percent milk solids-not-fat.

article: 2. UHT Milk and Cream


text: UHT cream shall contain not less than 18 percent milk fat.

article: 2. UHT Milk and Cream


text: UHT milk or UHT cream which has been altered in composition to conform to special nutritional requirements or special dietary purposes shall include “modified” in its name. If the alteration is due to the use of additives, the additives shall be approved by the director and shall be stated on the label.

article: 2. UHT Milk and Cream


text: UHT lowfat milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination thereof, processed and packaged pursuant to Section 39701. It may contain harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. UHT lowfat milk shall be homogenized.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 10.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk


text: UHT reduced-fat milk shall contain not more than 2.1 percent milk fat and not less than 8.25 percent milk solids-not-fat. UHT lowfat or light (lite) milk shall contain not more than 1.2 percent milk fat and not less than 8.25 percent milk solids-not-fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 44. Effective August 21, 1997.)

article: 3. UHT Reduced-Fat Milk and UHT Lowfat or Light Milk


text: Except as otherwise provided in this article, UHT lowfat milk shall meet all the standards and requirements which are specified in this division for market milk.


text: UHT nonfat, skim, or fat-free milk is the product that results from the complete or partial removal of milk fat from market milk. It shall be processed and packaged pursuant to Section 39701. It may contain harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. UHT nonfat milk shall be homogenized. The product may be called “nonfat milk,” “skim milk,” or “fat-free milk.”

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 45. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk


text: UHT nonfat, skim, or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 8.25 percent milk solids-not-fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 46. Effective August 21, 1997.)

article: 4. UHT Nonfat Milk, Skim Milk, or Fat-Free Milk


text: Except as otherwise provided in this article, UHT nonfat, skim, or fat-free milk shall meet all the standards and requirements that are specified in this division for market milk.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 47. Effective August 21, 1997.)


text: UHT flavored milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination of them, which contains harmless sweetening, chocolate, chocolate syrup, or other harmless syrup or flavoring, or any combination of these syrups or flavorings, and harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. It is homogenized, processed, and packaged pursuant to Section 39701.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 12.)

article: 5. UHT Flavored Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 5. UHT Flavored Milk


text: UHT flavored milk shall contain not less than 3 percent milk fat and not less than 1612 percent total solids.

article: 5. UHT Flavored Milk


text: UHT flavored cream is market cream to which nonfat dry milk solids derived from market milk have been added, which contains harmless flavoring or syrup, or any combination of harmless flavorings or syrups, and harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations and harmless stabilizing salts. It is homogenized, processed, and packaged pursuant to Section 39701.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 13.)

article: 6. UHT Flavored Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 6. UHT Flavored Cream


text: UHT flavored cream shall contain not less than 20 percent milk fat.

article: 6. UHT Flavored Cream


text: UHT flavored reduced-fat, lowfat, or light (lite) milk is market milk, evaporated market milk, condensed market milk, or dried market milk, or any combination thereof, which contains harmless sweetening, chocolate, chocolate syrup, or other harmless syrup or flavoring, or any combination of these syrups or flavorings, and harmless edible stabilizers as specified in Title 21 of the Code of Federal Regulations. UHT flavored reduced-fat, lowfat, or light (lite) milk shall be homogenized, processed, and packaged pursuant to Section 39701.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 48. Effective August 21, 1997.)

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 7. UHT Flavored Reduced-Fat Milk and UHT Flavored Lowfat or Light Milk


text: UHT flavored reduced-fat milk shall contain not more than 2.1 percent milk fat and not less than 8.25 percent milk solids-not-fat. UHT flavored lowfat or light (lite) milk shall contain not more than 1.2 percent milk fat and not less than 8.25 percent solids-not-fat.

history: (History: Amended by Stats. 1998, Ch. 232, Sec. 10. Effective August 4, 1998.)

article: 7. UHT Flavored Reduced-Fat Milk and UHT Flavored Lowfat or Light Milk


text: UHT flavored drink is milk or skim milk, evaporated, condensed, or dried milk, or nonfat milk solids, or any combination thereof, which contains harmless sweetening, chocolate, chocolate syrup, or other harmless syrup or flavoring, or any combination of these syrups or flavorings, and harmless edible stabilizer as specified in Title 21 of the Code of Federal Regulations. It may be homogenized and shall be processed and packaged pursuant to Section 39701.

history: (History: Amended by Stats. 1991, Ch. 840, Sec. 15.)

article: 8. UHT Flavored Drink

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 8. UHT Flavored Drink


text: UHT half-and-half is a product consisting of market milk, market cream, nonfat dry milk derived from market milk, and market skim milk to which edible stabilizers and stabilizing salts may be added. It shall be processed and packaged pursuant to Section 39701.

article: 9. UHT Half-and-Half

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 9. UHT Half-and-Half


text: UHT half-and-half shall contain not less than 10.5 percent milk fat and not more than six-tenths of 1 percent stabilizer by weight.

article: 9. UHT Half-and-Half


text: UHT flavored reduced-fat sour cream is a product consisting of market milk, market cream, and market skim milk to which edible stabilizers, stabilizing salts, and acidified flavoring may be added. It shall be processed and packaged pursuant to Section 39701.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 50. Effective August 21, 1997.)

article: 10. UHT Sour Flavored Half-and-Half

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 10. UHT Sour Flavored Half-and-Half


text: UHT sour flavored half-and-half shall contain not less than 9.4 percent milk fat and not more than six-tenths of 1 percent stabilizer by weight.

article: 10. UHT Sour Flavored Half-and-Half


text: UHT sour cream is market cream cultured with the addition of pure cultures of one or more strains of lactic acid bacteria. It may include one or more of the following optional ingredients: milk solids-not-fat derived from market milk, salt, or lactose. Harmless edible stabilizers and emulsifiers may be added to the extent required to accomplish the necessary physical effect. It shall be processed and packaged pursuant to Section 39701.

article: 11. UHT Sour Cream

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 11. UHT Sour Cream


text: UHT sour cream shall contain not less than 18 percent milk fat and not less than one-half of 1 percent acidity, expressed as lactic acid.

article: 11. UHT Sour Cream


text: UHT milk drink mix is a market milk product which has been processed and packaged pursuant to Section 39701.

article: 12. UHT Milk Drink Mix

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 12. UHT Milk Drink Mix


text: UHT milk drink mix shall contain not less than 12 percent total milk solids, not less than 4 percent butterfat, and not more than one-half of 1 percent pure and harmless edible stabilizer by weight. It may contain sweetening and harmless coloring and flavoring.

article: 12. UHT Milk Drink Mix


text: UHT dairy spread is a product made from milk, cream, skim milk, or nonfat milk solids, or any combination thereof, to which may be added lactose, sodium caseinate, emulsifiers, stabilizers, stabilizing salts, and harmless coloring. The product shall be processed and packaged pursuant to Section 39701.

article: 13. UHT Dairy Spread

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 13. UHT Dairy Spread


text: UHT dairy spread shall contain not less than 30 percent milk fat and not more than six-tenths of 1 percent stabilizer and emulsifier combined by weight, unless otherwise stated on the label.

article: 13. UHT Dairy Spread


text: UHT eggnog is an unfrozen product which is made with milk, cream, evaporated or condensed milk, evaporated or condensed skim milk, dry milk solids, nonfat dry milk solids, buttermilk, whey, lactose, lactalbumins, lactoglobulins, and modified whey, or any combination thereof, egg yolk or whole eggs, sweetening, and harmless flavoring with or without harmless coloring. Harmless edible stabilizers may be added. UHT eggnog may contain ingredients authorized by the director, by regulation, under Section 38791.5. It shall be processed and packaged pursuant to Section 39701.

article: 14. UHT Eggnog

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 14. UHT Eggnog


text: UHT eggnog shall contain not less than 6 percent milk fat and not less than 8.25 percent milk solids-not-fat. It shall contain not less than one-half of 1 percent by weight of wholesome fresh egg yolk solids or the equivalent amount of egg yolk solids obtained from wholesome frozen egg yolks or from wholesome dried egg yolks or the equivalent amount in other approved form.

article: 14. UHT Eggnog


text: Except as otherwise provided in this article, UHT eggnog shall meet all the standards and requirements which are specified in this division for eggnog.

article: 14. UHT Eggnog


text: UHT flavored nonfat, skim, or fat-free milk is market milk from which has been removed all or part of the milk fat and to which has been added any harmless syrup or flavoring, harmless sweetening, and harmless edible stabilizer. It is homogenized and processed and packaged pursuant to Section 39701. The product may be called “UHT flavored nonfat milk,” “UHT flavored skim milk,” or “UHT flavored fat-free milk” and the principal flavor may be substituted for the word “flavored” in the name of the product.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 51. Effective August 21, 1997.)

article: 15. UHT Flavored Nonfat Milk

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 9. UHT Milk Products > 15. UHT Flavored Nonfat Milk


text: UHT flavored nonfat, skim, or fat-free milk shall contain not more than twenty hundredths of 1 percent of milk fat and not less than 8.25 percent of milk solids-not-fat.

history: (History: Amended by Stats. 1997, Ch. 329, Sec. 52. Effective August 21, 1997.)

article: 15. UHT Flavored Nonfat Milk


text:
(a) Dairy beverages are milk and dairy food beverages resembling milk or milk products. However, dairy beverages do not conform to the compositional standards for milk or milk products as established in this code or Title 21 of the Code of Federal Regulations because they contain safe and suitable ingredients or combinations of ingredients not specified in those standards. Dairy beverages are products intended for consumption as a beverage. Milk or the components of milk shall comprise at least 15 percent of the product on a dry matter basis or at least 2 percent on a total weight basis.

(b) For purposes of establishing compliance with the minimum dairy ingredient criteria, dairy ingredients shall include all products, components, and derivatives of milk, including, but not limited to, whey and whey products and caseinates specified in subdivision (c) of Section 135.110 of Title 21 of the Code of Federal Regulations, but excluding added lactose.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 204. Effective January 1, 2007.)

chapter: 10. Dairy Beverages

path: 15. MILK AND MILK PRODUCTS ACT OF 1947 > 3. MANUFACTURED PRODUCTS > 10. Dairy Beverages


text: The product may not contain any added fats or oils other than milkfat, except those fats present in incidental amounts that are naturally occurring in, or contributed by, flavorings or characterizing food ingredients. When the product contains water as an ingredient, water shall be declared in the ingredient list.

history: (History: Added by Stats. 1994, Ch. 95, Sec. 47. Effective June 6, 1994.)


text: The product shall be pasteurized, ultra-pasteurized, or UHT processed and packaged, pursuant to the specifications and procedures for the applicable process contained in the Code of Federal Regulations. The labeling shall comply with any applicable labeling requirements contained in the Code of Federal Regulations applicable to the heat treatment used on the product.


text: The product may be cultured with safe and suitable bacterial cultures following pasteurization, ultra-pasteurization, or UHT processing.


text: This article does not apply to any product regulated under Chapter 6 (commencing with Section 38901) as a product resembling a milk product or any dairy product for which a standard is established in this division.


text: The label of all products subject to this standard shall be submitted to the secretary for approval prior to sale. In addition to the labeling requirements specified in this article, the secretary may, by regulation, require or prohibit any other information, format, or design for the label that the secretary determines to be in the public interest.