Food and Agricultural Code — Part 14 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 14 of 48 · provisions 2,601–2,800

This section says the act is to be known as the “Food and Agricultural Code.”

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A person may not alter a record or document filed in a commissioner’s office under this code unless the commissioner or an authorized deputy approves it. The department may establish and maintain tuberculosis control areas within this state. When the department establishes a tuberculosis control area, the affected industry must be notified. The State Veterinarian may authorize testing of cattle in a tuberculosis control area to identify animals affected with tuberculosis. Owners of cattle in a tuberculosis control area must, when the department asks, provide facilities and help for tuberculosis testing.

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Provisions of Food and Agricultural Code

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  1. 3314.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. )

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    The directors must serve without compensation and may be reimbursed for necessary expenses actually incurred while performing their duties.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. ) ## 3314. The directors shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties. (Added by Stats. 1980, Ch. 1148.)
  2. 33141.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    If a producer makes market milk within an approved milk inspection service area, the director must investigate, consult the county health officers involved, and then designate the county inspection service and define each county’s inspection area.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33141. If a producer produces market milk within the jurisdiction of an approved milk inspection service, the director, after an investigation and consultation with the health officer of each county which is involved, shall do all of the following: (a) Designate and assign the county approved milk inspection service which shall conduct the dairy farm inspection. (b) Define the district or area in which each county shall conduct the dairy farm inspection. (Amended by Stats. 1985, Ch. 445, Sec. 7.)
  3. 33142.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director must consider county service convenience and the share of market milk and related products sold or delivered in each county when making designations and assignments.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33142. The director, in making the designation and assignment, shall take into consideration, in addition to other matters which are considered, the geographical convenience of each county approved milk inspection service which renders such inspection, and the percentage of market milk and related products which are sold or delivered within each. (Amended by Stats. 1985, Ch. 445, Sec. 8.)
  4. 33143.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director may designate no more than one approved milk inspection service for a dairy farm that produces market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33143. No more than one approved milk inspection service may be designated by the director for any single dairy farm which produces market milk. (Amended by Stats. 1985, Ch. 445, Sec. 9.)
  5. 33146.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    Producers or approved milk inspection services may file a written protest with the director about a designation, and a qualifying petition may ask to end the county approved milk inspection service and have the director establish a replacement inspection service.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33146. Any producer or approved milk inspection service may file with the director a written protest regarding any designation which is made pursuant to Section 33141. A petition, signed by 51 percent or more of producers of any grade of milk within the jurisdiction of any approved milk inspection service, may request the termination of the county approved milk inspection service and that instead an inspection service be established by the director. The written protest or petition shall state all the reasons for the protest or petition. (Amended by Stats. 1985, Ch. 445, Sec. 12.)
  6. 33147.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director may or must set a hearing date after a protest or petition, with different timing rules and notice requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33147. The director may, within 30 days after the receipt of the protest and shall, within 30 days after receipt of a petition, and after at least five days’ written notice to any approved milk inspection service which is concerned, announce a date upon which a hearing on the protest or petition will be held. (Amended by Stats. 1979, Ch. 917.)
  7. 33149.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    The director may hold a hearing on a designation made under Section 33141 after giving at least 10 days written notice to the concerned approved milk inspection service.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33149. The director upon his own motion, after giving at least 10 days written notice to any approved milk inspection service which is concerned, may hold a hearing on any designation which is made pursuant to Section 33141 if it appears that a change in such designation may result in greater uniformity in inspection areas and eliminate duplication of effort and traveling. (Enacted by Stats. 1967, Ch. 15.)
  8. 3315.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. )

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    A director who misses three consecutive regular board meetings without permission is deemed to have resigned, and the Governor may remove a director for cause on the board’s recommendation.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. ) ## 3315. Any director who misses three consecutive regular meetings of the board without permission of the board shall be deemed to have resigned from the board. A director may be removed for cause by the Governor, upon recommendation of the board. (Added by Stats. 1980, Ch. 1148.)
  9. 33150.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    After a hearing, the director may change or keep the designation, appoint another approved milk inspection service, or establish and run an inspection service, unless the relevant Article 9 funds are inadequate.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33150. After the hearing, the director may revoke, amend, or retain such designation, designate another approved milk inspection service to perform the inspection as provided in this article, or establish and conduct an inspection service unless the funds which are derived under Article 9 (commencing with Section 33291) of this chapter are inadequate to maintain a milk inspection service established by the director. (Amended by Stats. 1979, Ch. 917.)
  10. 33151.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. )

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    If the director approves a milk inspection service in writing, that service must grade market milk, require the correct grade designations, and enforce this division under the director’s market-milk regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Designation and Assignment [33141 - 33151] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33151. Upon the approval in writing of a milk inspection service by the director, the approved milk inspection service shall do all of the following: (a) Grade market milk as produced or sold under its jurisdiction. (b) Require the use of the respective grade designations as prescribed in this division. (c) Enforce this division in accordance with the regulations which are adopted by the director that pertain to market milk. (Enacted by Stats. 1967, Ch. 15.)
  11. 3316.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. )

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    The board may appoint advisory committees, and those committees may advise the board. The former California State Fair Advisory Commission is abolished.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. ) ## 3316. The board may appoint advisory committees. Advisory committees may provide information and advice to the board with respect to the operations and management of the California Exposition and State Fair or such other matters as the board deems appropriate. The California State Fair Advisory Commission is hereby abolished. Nothing in this part shall, however, prevent the members of the former commission from being appointed to the board or advisory committees. (Added by Stats. 1980, Ch. 1148.)
  12. 3317.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. )

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    Certain legislators and committee officers must meet with and advise the board, unless the Constitution or their legislative duties make that advisory role incompatible.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 2. Organization [3311 - 3317] ( Chapter 2 added by Stats. 1980, Ch. 1148. ) ## 3317. The two Members of the Legislature who represent the Assembly and Senate district in which the California Exposition and State Fair facilities are located and the chairperson and vice chairperson of the Joint Committee on Fairs Allocation and Classification shall meet with and, except as otherwise provided by the Constitution, advise the board to the extent that such advisory participation is not incompatible with their duties as Members of the Legislature. (Amended by Stats. 2006, Ch. 825, Sec. 1. Effective September 30, 2006.)
  13. 33171.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Establishment of Inspection Service by Director [33171- 33171.] ( Article 5 repealed and added by Stats. 1985, Ch. 445, Sec. 14. )

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    The director must establish and run a milk inspection service for dairy farms in areas without an approved service, and for milk products plants and certain distributor facilities in all areas.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Establishment of Inspection Service by Director [33171- 33171.] ( Article 5 repealed and added by Stats. 1985, Ch. 445, Sec. 14. ) ## 33171. In areas in which an approved milk inspection service has not been designated by the director pursuant to Article 4 (commencing with Section 33141), the director shall establish and conduct a milk inspection service for inspection of dairy farms. In all areas the director shall establish and conduct a milk inspection service for inspection of milk products plants, and for inspection of the facilities of distributors that obtain milk and milk products from a milk products plant not subject to the jurisdiction of the director. (Repealed and added by Stats. 1985, Ch. 445, Sec. 14.)
  14. 33201.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Interagency Contracts [33201- 33201.] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    Counties may contract with each other to maintain approved milk inspection service, but only with the director’s approval.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Interagency Contracts [33201- 33201.] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 33201. Counties may, subject to the approval of the director, contract, one with the other, for the maintenance by one, or some of them, of the approved milk inspection service within the limits of the other as will best carry out this division and avoid duplication. (Amended by Stats. 1985, Ch. 445, Sec. 15.)
  15. 3321.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 3. Administration [3321 - 3322] ( Chapter 3 added by Stats. 1980, Ch. 1148. )

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    The board must appoint a general manager for the California Exposition and State Fair. The board also sets the general manager’s term of office and duties, and the manager serves at the board’s pleasure.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 3. Administration [3321 - 3322] ( Chapter 3 added by Stats. 1980, Ch. 1148. ) ## 3321. The board shall appoint, pursuant to Section 4 of Article VII of the California Constitution, a general manager of the California Exposition and State Fair who shall serve at the pleasure of the board. The term of office and duties of the general manager shall be determined by the board. (Repealed and added by Stats. 1980, Ch. 1148.)
  16. 3322.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 3. Administration [3321 - 3322] ( Chapter 3 added by Stats. 1980, Ch. 1148. )

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    The Governor appoints specified California Exposition and State Fair officers on the board’s recommendation, and those officers serve at the board’s pleasure under the general manager’s direction.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 3. Administration [3321 - 3322] ( Chapter 3 added by Stats. 1980, Ch. 1148. ) ## 3322. (a) The following officers of the California Exposition and State Fair shall be appointed by the Governor, pursuant to Section 4 of Article VII of the California Constitution, upon recommendation of the board: (1) Deputy general manager. (2) Program manager. (3) Marketing manager. (b) The state officers appointed pursuant to subdivision (a) shall serve at the pleasure of the board, under the direction of the general manager. (Amended by Stats. 2006, Ch. 825, Sec. 2. Effective September 30, 2006.)
  17. 33221.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    This section defines “permit” as a permit issued under Section 33222.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33221. As used in this article, “permit” means a permit that is issued pursuant to Section 33222. (Amended by Stats. 2006, Ch. 584, Sec. 1.8. Effective January 1, 2007.)
  18. 33222.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    A person must get a permit before producing market milk or manufacturing milk.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33222. Every person, before engaging in the business of producing market milk or manufacturing milk, shall obtain a permit from the secretary or from the approved milk inspection service that is maintained by the county designated by the secretary pursuant to this chapter for each dairy farm. (Amended by Stats. 2012, Ch. 39, Sec. 9. (SB 1018) Effective June 27, 2012.)
  19. 33223.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    A producer with a permit issued by a secretary-designated approved milk inspection service does not need another permit from any other approved milk inspection service.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33223. If a permit is issued by an approved milk inspection service designated by the secretary to a producer of market milk or manufacturing milk, no other permit shall be required of the producer by any other approved milk inspection service. (Amended by Stats. 2012, Ch. 39, Sec. 10. (SB 1018) Effective June 27, 2012.)
  20. 33224.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    When a permit application is received, the secretary or an approved milk inspection service must investigate the dairy farm and the herd producing the milk.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33224. Upon receipt of an application for a permit, the secretary or approved milk inspection service shall cause an investigation to be made of the dairy farm where milk is produced and of the herd that produces the milk. (Amended by Stats. 2006, Ch. 584, Sec. 4. Effective January 1, 2007.)
  21. 33225.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If the division and applicable standards are complied with, the secretary or designated approved milk inspection service must issue a permit to the dairy farm.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33225. If this division and the standards that are established by or adopted pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary or the designated approved milk inspection service, to the dairy farm. The permit shall be issued for a period not to exceed one year. (Amended by Stats. 2012, Ch. 39, Sec. 11. (SB 1018) Effective June 27, 2012.)
  22. 33226.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People must get a permit from the secretary before processing or distributing market milk, and the secretary must investigate the business and issue the permit if the division and standards are met.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33226. Every person shall obtain a permit from the secretary before engaging in the business of processing or distributing market milk. Upon receipt of an application for a permit, the secretary shall cause an investigation to be made of the milk products plant or place of business from which milk is distributed. If this division and the standards that are established pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary to the milk products plant or place of business. The permit shall be issued for a period not to exceed one year. (Amended by Stats. 2006, Ch. 584, Sec. 6. Effective January 1, 2007.)
  23. 33227.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Anyone hauling unpackaged market milk or unpackaged market milk products must get a bulk milk hauler tanker permit for each tanker before starting transport.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33227. Each person, before engaging in the transportation of unpackaged market milk or unpackaged market milk products (bulk milk hauler), shall obtain a bulk milk hauler tanker permit from the secretary for each tanker that person uses in the bulk transport of unpackaged market milk or unpackaged market milk products. Upon receipt of an application for a permit, the secretary shall cause an inspection to be made of the bulk milk hauler’s tanker for which the application is made. An inspection required for the issuance of a permit shall be conducted in a uniform and efficient manner. A permit shall be issued for each tanker that is in compliance with this division and the standards that are established pursuant to this division. The permit shall be valid for not more than one year, shall be permanently affixed in a conspicuous manner on the rear frame of the tanker for which it is issued, and shall be renewed within one year from the date of issue upon payment of an annual inspection fee. The assessment of the annual inspection fee shall be based upon the actual cost of the inspection and shall be subject to verification upon the request of a permit applicant. The permit shall conform with all requirements of the United States Food and Drug Administration Coded Memorandum implementing the enforcement provisions for permitting and inspection of bulk milk tankers. This section shall become operative upon the adoption by the United States Food and Drug Administration of the Coded Memorandum implementing enforcement provisions for permitting and inspection of bulk milk tankers. The secretary may adopt regulations necessary to implement this section. (Amended by Stats. 2000, Ch. 115, Sec. 1. Effective January 1, 2001. Section conditionally operative by its own provisions.)
  24. 33228.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People cleaning or sanitizing bulk milk tanker trucks must get a permit, and the trucks may be cleaned or sanitized only at approved facilities.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Permits [33221 - 33228] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 33228. (a) Any person, before engaging the business of cleaning or sanitizing bulk milk tanker trucks shall obtain a bulk milk tanker truck cleaning or sanitizing permit from the secretary for each facility not attached to a licensed milk products plant or market milk dairy farm that is used in the cleaning or sanitizing of bulk milk tanker trucks. (b) Bulk milk tanker trucks shall be cleaned or sanitized only at a facility holding a valid bulk milk tanker truck cleaning facility permit, a licensed milk products plant, or a permitted market milk dairy farm. (c) Upon receipt of an application for a bulk milk tanker truck cleaning facility permit, the secretary shall cause an inspection to be made of the facility. If this division and the standards that are established pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary to the bulk milk tanker truck cleaning or sanitizing facility or place of business. The permit shall be issued for a period not to exceed one year. (d) The secretary shall establish a cost-related inspection fee for the inspection and permitting of bulk milk tanker truck cleaning or sanitizing facilities not attached to a licensed milk products plant or market milk dairy farm. (Added by Stats. 2006, Ch. 584, Sec. 7. Effective January 1, 2007.)
  25. 33251.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    A county with an approved milk inspection service must calculate the actual cost of inspecting qualifying dairy farms and keep records of that cost determination.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33251. The county that maintains an approved milk inspection service where an inspection fee is levied and collected shall determine the actual cost of making an inspection of a dairy farm that produces milk within the area that is designated and assigned to that service by the secretary. Records of the cost determination shall be made and maintained by the county for examination by the secretary or other interested person. (Amended by Stats. 2012, Ch. 39, Sec. 12. (SB 1018) Effective June 27, 2012.)
  26. 33252.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    A county may, but does not have to, levy and collect inspection fees from certain milk producers to maintain an approved milk inspection service.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33252. For the purpose of maintaining an approved milk inspection service, the county may, but is not required to, levy and collect an inspection fee or fees from producers of milk that is produced at dairy farms within the area that is designated and assigned to that service by the secretary. (Amended by Stats. 2012, Ch. 39, Sec. 13. (SB 1018) Effective June 27, 2012.)
  27. 33253.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    The dairy farm inspection fee cannot be more than the county’s actual inspection cost, and 15% of collected fees must be remitted to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33253. The dairy farm inspection fee shall not exceed the actual cost to the county of making the dairy farm inspection, provided that an additional 15 percent of the fees collected shall be remitted to the secretary to cover the reasonable cost of administering Sections 33082, 33118, and 33119, and the oversight requirements of the National Conference on Interstate Milk Shipments. (Amended by Stats. 2012, Ch. 39, Sec. 14. (SB 1018) Effective June 27, 2012.)
  28. 33254.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    An approved milk inspection service may not charge dairy farm inspection fees above the maximum fees set for state established inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33254. Any fees levied by an approved milk inspection service for dairy farm inspection shall not exceed the maximum fees provided for state established inspection. (Added by Stats. 1983, Ch. 1275, Sec. 1.)
  29. 33256.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    The cost of inspections may include all directly related costs.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33256. The cost of the inspections may include all directly related costs. (Amended by Stats. 1985, Ch. 445, Sec. 26.)
  30. 33257.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    If an approved milk inspection service inspects a dairy farm, any dairy farm inspection fee that is levied must be collected from the milk producer.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33257. If an approved milk inspection service inspects a dairy farm, the dairy farm inspection fee, if levied, shall be collected from the producer of milk that is produced on the dairy farm. (Amended by Stats. 2012, Ch. 39, Sec. 15. (SB 1018) Effective June 27, 2012.)
  31. 33261.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    The secretary may audit inspection-fee charges made by approved milk inspection services and may inspect and copy related records anywhere in the state.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33261. Charges that are made by any approved milk inspection service for inspection fees are subject to audit by the secretary, and for this purpose the secretary shall have access to all books, papers, records, or documents that pertain to any and all transactions of any approved milk inspection service and may inspect and copy them in any place within the state. (Amended by Stats. 2007, Ch. 130, Sec. 101. Effective January 1, 2008.)
  32. 33262.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    If at least 10% of producers in an approved inspection area agree, they may file a written protest with the secretary about the reasonableness of an inspection fee under Section 33252.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33262. Ten percent of the producers within any approved inspection area may file with the secretary a written protest as to the reasonableness of any inspection fee that is levied and collected from the producer pursuant to Section 33252. (Amended by Stats. 2007, Ch. 130, Sec. 102. Effective January 1, 2008.)
  33. 33263.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    The secretary must hold a hearing on a protest after required public and written notice, may delay or combine hearings for good cause, and must give written reasons if a hearing is denied, postponed, or consolidated.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33263. The secretary shall, after 30 days’ public notice of the hearing, and after five days’ written notice to any approved milk inspection service that is concerned, hold a hearing on the protest. The secretary may deny, postpone, or consolidate hearings for good cause. The secretary shall provide in writing the reasons for the denial, postponement, or consolidation of hearings. (Amended by Stats. 2006, Ch. 584, Sec. 13. Effective January 1, 2007.)
  34. 33264.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    After a hearing, the secretary may set a reasonable inspection fee for the protested inspection, and the producer does not have to pay more than that fee until the order is revoked, suspended, or amended.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33264. Upon the completion of hearing, the secretary may establish a reasonable fee for the inspection that is the subject of the protest. Thereafter until the order of the secretary is revoked, suspended, or amended, the producer, notwithstanding any other provision of this article, is not required to pay to the approved milk inspection service any inspection fee in excess of the fee that is designated as reasonable by the secretary. The secretary shall make, and maintain, written findings upon which inspection fees are established pursuant to this section. The written findings shall be readily available to any interested person for examination. (Amended by Stats. 2006, Ch. 584, Sec. 14. Effective January 1, 2007.)
  35. 33265.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. )

    Verify source ↗

    A county may not charge fees or taxes to inspect milk or dairy products on trucks, vehicles, or during transport.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Fees Payable to a County [33251 - 33265] ( Heading of Article 8 amended by Stats. 1985, Ch. 445, Sec. 21.5. ) ## 33265. A county shall not, through an approved milk inspection service or otherwise, levy or collect any fee or tax for the purpose of inspecting any milk or dairy product on any truck or other vehicle or during transportation of that milk or dairy product. (Amended by Stats. 1985, Ch. 445, Sec. 31.)
  36. 33291.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    Certain milk and related-product businesses must pay a cost-related inspection fee to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33291. Every person that is engaged in the production of milk outside the jurisdiction of an approved milk inspection service and every person engaged in the processing, manufacture, or distribution of milk, milk products, or products resembling milk products, in the cleaning or sanitizing of bulk milk tanker trucks, or in the processing, manufacture, or freezing of ice cream, ice milk, sherbet, or any similar frozen product shall pay a cost-related inspection fee, not to exceed the reasonable costs of the services provided, to the secretary. (Amended by Stats. 2012, Ch. 39, Sec. 16. (SB 1018) Effective June 27, 2012.)
  37. 33292.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    Milk products plants and milk handlers that buy milk directly from producers must deduct the fee from payments owed to producers and pay it to the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33292. (a) Every milk products plant or milk handler that purchases, or otherwise acquires possession or control of, milk directly from producers shall deduct from payments that are due producers for milk, and shall pay to the secretary, the fee, not to exceed the reasonable costs of the services provided, required to be paid by the producer. (b) For purposes of this article, “milk handler” means any person that, as owner, agent, broker, or intermediary, receives, purchases, or otherwise acquires ownership, possession, or control of milk or manufacturing milk in unprocessed or bulk form from a producer for the purpose of manufacture, processing, sale, distribution, or other handling. (c) For purposes of this article, “producer” means any person that operates a dairy farm as defined in Section 32505. (Amended by Stats. 2012, Ch. 39, Sec. 17. (SB 1018) Effective June 27, 2012.)
  38. 33293.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    The inspection fee must be paid during the first week of January, April, July, and October each year.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33293. The inspection fee is payable during the first week of January, April, July, and October of each year. (Enacted by Stats. 1967, Ch. 15.)
  39. 33294.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    Producers must pay an inspection fee, and the secretary must set and collect certain milk inspection and plan review fees within stated limits.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33294. (a) Every producer shall pay an inspection fee not to exceed twelve cents ($0.12) per hundredweight of the first 482,000 pounds only on milk produced by him or her during the quarter year preceding the date the inspection fee becomes due and payable or two hundred fifty dollars ($250), whichever is greater. (b) Notwithstanding the fee limit specified in this section for producers, the secretary may increase the inspection fee by an amount not to exceed one-half cent ($0.005) per hundredweight per annum. (c) The secretary shall annually fix the fees at an amount not to exceed actual reasonable program costs for administration of this chapter, and may adjust the per hundredweight fee whenever he or she finds that the cost of administering the provisions of this chapter can be defrayed from revenues derived from lower rates. Any money collected by the secretary pursuant to this section shall be paid into the Department of Food and Agriculture Fund. (d) The secretary shall charge a dairy farm all actual direct costs for initial and any followup dairy farm inspections for a facility out of compliance with the initial inspection. However, in no event shall the fee for an initial inspection exceed the limitation established in subdivisions (a) and (b). (e) The secretary shall establish plan review fees for sanitary design and construction review activities relating to dairy farms pursuant to Chapter 5 (commencing with Section 33451). (Repealed and added by Stats. 2012, Ch. 39, Sec. 19. (SB 1018) Effective June 27, 2012.)
  40. 33295.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    The secretary must set inspection fees for each person, but the fees cannot exceed actual directly related inspection costs.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33295. The secretary shall fix the inspection fees for each person, as provided for in Section 33291, not to exceed actual directly related costs for inspection. The basis for fees established for each person specified in Section 33291 shall not include any costs for inspection functions performed by the state for milk products other than market milk products that are the same as, or substantially similar to, inspection functions performed by the United States Department of Agriculture or any other federal or state agency. Costs for inspection shall be determined from time records and audit procedures set forth in written findings pursuant to Section 33296. (Amended by Stats. 1994, Ch. 543, Sec. 4. Effective January 1, 1995.)
  41. 33296.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    The secretary must make and keep written findings used to fix inspection fees, and those findings must be available for interested persons to examine.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33296. The secretary shall make, and maintain, written findings upon which inspection fees are fixed pursuant to Sections 33294 and 33295. The written findings shall be readily available to any interested person for examination. (Amended by Stats. 2006, Ch. 584, Sec. 17. Effective January 1, 2007.)
  42. 33297.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    A person subject to certain inspection fees may file a written protest about the fee’s reasonableness, and the secretary must hold a hearing after 30 days’ notice and keep written findings.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33297. Any person subject to inspection fees provided for in Section 33291 may file with the secretary a written protest as to the reasonableness of any inspection fee that is levied and collected from those persons. The secretary shall, after 30 days’ notice, hold a hearing on the protest and upon completion of the hearing, the secretary shall make and maintain written findings as to whether or not the fee is reasonable. (Amended by Stats. 2007, Ch. 130, Sec. 103. Effective January 1, 2008.)
  43. 33298.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. )

    Verify source ↗

    The secretary must set plan review fees for certain milk product plant review activities, and those fees cannot be higher than the actual direct costs of the plan checks.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Fees Payable to the Secretary [33291 - 33298] ( Heading of Article 9 amended by Stats. 1994, Ch. 543, Sec. 2. ) ## 33298. The secretary shall establish plan review fees for sanitary design and construction review activities relating to milk product plants and frozen milk product plants pursuant to Chapter 6 (commencing with Section 33701). The fees shall not exceed the actual direct costs required to perform sanitary design and construction plan checks. Any money collected by the secretary pursuant to this section shall be paid into the Department of Food and Agriculture Fund. (Amended by Stats. 2006, Ch. 584, Sec. 19. Effective January 1, 2007.)
  44. 3331.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    The board is the policymaking body for the California Exposition and State Fair and is responsible for its year-round management, operations, and annual fair.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3331. The board shall serve as the policymaking body for the California Exposition and State Fair and shall have full responsibility for the year-round management and operation of all facilities of the California Exposition and State Fair. The board shall provide for an annual fair in one or more seasonal divisions in Sacramento County of the industries and industrial products of the state and commercial products exported and imported through the ports of the state. The fair shall be designated the California State Fair. (Added by Stats. 1980, Ch. 1148.)
  45. 3332.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    The board may take a range of actions to run the California Exposition and State Fair, including contracting, handling funds, making rules, managing property, and appointing marshals and police.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3332. The board may do any of the following: (a) Contract. (b) Accept funds or gifts of value from the United States or any person to aid in carrying out the purposes of this part. (c) Conduct or contract for programs, either independently or in cooperation with any individual, public or private organization, or federal, state, or local governmental agency. (d) Establish and maintain a bank checking account or a savings and loan association account, approved by the Director of Finance in accordance with Sections 16506 and 16605 of the Government Code, for depositing funds received by the California Exposition and State Fair. Notwithstanding Section 13340 of the Government Code, all funds maintained in an account authorized by this subdivision are continuously appropriated to the board, without regard to fiscal year, to carry out this part. (e) Establish a program for paying vendors who contract with the California Exposition and State Fair. (f) Make or adopt all necessary orders, rules, or regulations for governing the activities of the California Exposition and State Fair. Notwithstanding Section 14, any orders, rules, or regulations adopted by the board are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For informational purposes only, however, any order, rule, or regulation adopted by the board may be transmitted to the Office of Administrative Law for filing with the Secretary of State pursuant to Section 11343 of the Government Code. (g) Delegate to the officers and employees of the California Exposition and State Fair the authority to appoint civil service personnel according to state civil service procedures. The board may also delegate to officers and employees of the California Exposition and State Fair the independent authority to appoint marshals and police as authorized by subdivision (j). (h) Operate a payroll system for paying employees, and a system for accounting for vacation and sick leave credits of employees. (i) Delegate to the officers and employees of the California Exposition and State Fair the exercise of powers vested in the board as the board may deem desirable for the orderly management and operation of the California Exposition and State Fair. (j) Appoint all necessary marshals and police to keep order and preserve peace at the California Exposition and State Fair premises on a year-round basis who shall have the powers of peace officers specified in Section 830.2 of the Penal Code. A peace officer of the Department of the California Highway Patrol may be employed as a peace officer while off duty from his or her regular employment, subject to those conditions as may be set forth by the Commissioner of the Department of the California Highway Patrol. At least 75 percent of the persons appointed pursuant to this subdivision shall possess the basic certificate issued by the Commission on Peace Officers Standards and Training. The remaining 25 percent may be appointed if the person has completed a Peace Officer Standards and Training-certified academy, or possesses a Level One Reserve Certificate (as defined in Section 832.6 of the Penal Code). Of this 25 percent, any portion may be comprised of probation officers certified under Section 832. Nothing in this subdivision shall be construed to give probation officers appointed pursuant to this subdivision peace officer powers pursuant to Section 830.2 of the Penal Code. (k) With the approval of the Department of General Services, purchase, acquire, or hold real or personal property, and beautify or improve that property. Any acquisition of land or other real property is subject to the approval of the Department of General Services, and in the case of the purchase of real property, is subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (l) With the approval of the Department of General Services, make permanent improvements upon publicly owned real property adjacent to, or near the vicinity of, the real property of the California Exposition and State Fair when the improvements materially benefit the property of the California Exposition and State Fair. (m) Lease, with the approval of the Department of General Services, any of its property for any purpose for any period of time. (n) Use or manage any of its property, with the approval of the Department of General Services, jointly or in connection with any lessee or sublessee, for any purpose approved by the board. (o) With the approval of the Department of General Services, pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to such terms and conditions as are approved by the board. Any issuance of bonds, contracts entered into, debts incurred, settlements, judgments, or liens under this section or pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation therefor or to make any appropriation for their payment. Any such bond shall contain on the face thereof a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of, or interest on this bond.” (Amended by Stats. 2006, Ch. 825, Sec. 3. Effective September 30, 2006.)
  46. 3332.1.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    The board may make agreements for donations, memberships, sponsorships, marketing, licensing, staffing, and related services, and it sets the compensation for those entities or persons.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3332.1. Notwithstanding any other provision of law and in accordance with procedures established by the board, the board may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may employ an entity or individual, or create and participate in an entity, or enter into an agreement with an entity or person to develop, solicit, sell, and service these agreements. The compensation for the entity or person shall be established by the board. (Amended by Stats. 2001, Ch. 423, Sec. 2. Effective January 1, 2002.)
  47. 3332.2.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    The board may make a five-year agreement for Cal Expo Lot Z with Sacramento city and county, and those local governments must approve the agreement in open meeting.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3332.2. Notwithstanding any other law, the board is authorized to enter into an agreement for the use of the Cal Expo Lot Z property with the City of Sacramento and the County of Sacramento for a term of five years, provided, however, that in no event shall the California Exposition and State Fair or the State of California be liable for any damages or losses arising directly or indirectly as a result of the use of Cal Expo Lot Z by the City of Sacramento and the County of Sacramento. Any agreement entered into pursuant to this section shall authorize the City of Sacramento and the County of Sacramento to provide on the Cal Expo Lot Z property emergency shelter and other services described in subdivision (b) to individuals experiencing homelessness. The city and the county may contract with a service provider for this purpose. (b) Emergency shelter and services provided on the Cal Expo Lot Z property may include, but are not limited to, the following: (1) Full-service, interdisciplinary resources, including mental health and substance abuse programs. (2) Emergency and interim housing solutions, such as tiny homes, noncongregate shelters, or dormitory style housing, subject to the requirements of Section 8698.4 of the Government Code. (c) Any agreement for the use of the Cal Expo Lot Z property shall be approved at an open meeting by the City Council of the City of Sacramento and the Board of Supervisors of the County of Sacramento. (d) (1) The City of Sacramento and the County of Sacramento County shall prioritize the emergency shelter and services provided pursuant to this section in accordance with the following: (A) First priority shall be given to persons illegally camping in areas of the American River Parkway that have a high risk of fire. (B) Second priority shall be given to persons illegally camping within sensitive habitat areas of the American River Parkway. (C) Third priority shall be given to persons illegally camping within other areas of or on lands that are adjacent to the American River Parkway. (2) For purposes of this subdivision, “adjacent to” has the same meaning as subdivision (a) of Section 5845.2 of the Public Resources Code. (e) Any agreement entered into pursuant to this section shall be exempt from the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5 of the Public Resources Code) and the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5 of the Public Resources Code). When establishing emergency shelter and other services on the Cal Expo Lot Z property, the city and the county shall take the following actions in accordance with the intent of the Bushy Lake Preservation Act and the Urban American River Parkway Preservation Act: (1) Locating shelter facilities on the portion of the Cal Expo Lot Z property that is as far away as practicable from the sensitive habitat portions of Bushy Lake and is designed to minimize the facility’s footprint within the American River Parkway Plan. (2) Incorporating fencing to discourage, to the extent practical, residents from entering or going to the sensitive Bushy Lake habitat areas. (3) Incorporating measures to prevent trespassing or unlawful entry into the developed portions of Cal Expo or any other area not associated with Parking Lot Z. (f) For purposes of this section “Cal Expo Lot Z” means a portion of the real property located at 500 Ethan Way, in the City of Sacramento, consisting of approximately 8.89 acres and commonly known as Cal Expo Lot Z. (g) Nothing in this section reduces or waives any requirements to comply with the requirements necessary to qualify for state homelessness funding. (h) For purposes of this section, any agreement is restricted to Lot Z, and not to interfere with the operations taking place within the state’s fairgrounds. (Added by Stats. 2021, Ch. 255, Sec. 3. (AB 175) Effective September 23, 2021.)
  48. 3332.5.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    If the board issues an RFP that could lead to an agreement lasting more than 20 years, it must send a copy to the Assembly Committee on Rules and the Senate Committee on Rules when the RFP is sent to prospective bidders.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3332.5. If the board at any time sends out a request for proposal that could result in an agreement between the board and another party on any matter for a term in excess of 20 years, a copy of that request for proposal shall be sent to the Assembly Committee on Rules and the Senate Committee on Rules at the time at which the request is sent to prospective bidders. (Added by Stats. 1986, Ch. 8, Sec. 1.5. Effective February 25, 1986.)
  49. 3332.6.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    The California Exposition and State Fair may make a joint powers agreement with a joint powers authority for specified planning, construction, and equipment purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3332.6. The California Exposition and State Fair may enter into a joint powers agreement with a joint powers authority created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purpose of planning, designing, and constructing real property improvements, including new construction, alteration, extension, betterment, and repair, and the purchase of fixed and movable equipment. The planning, designing, and constructing of these improvements shall be undertaken in accordance only with those restrictions applicable to the joint powers authority. (Added by Stats. 1994, Ch. 695, Sec. 1. Effective January 1, 1995.)
  50. 33321.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Inspection of Dairy Farms Producing Manufacturing Milk [33321 - 33322] ( Heading of Article 10 amended by Stats. 1985, Ch. 445, Sec. 38. )

    Verify source ↗

    The director may authorize inspections of dairy farms that produce manufacturing milk.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Inspection of Dairy Farms Producing Manufacturing Milk [33321 - 33322] ( Heading of Article 10 amended by Stats. 1985, Ch. 445, Sec. 38. ) ## 33321. The director may authorize the inspection of dairy farms producing manufacturing milk. (Repealed and added by Stats. 1978, Ch. 927.)
  51. 33322.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Inspection of Dairy Farms Producing Manufacturing Milk [33321 - 33322] ( Heading of Article 10 amended by Stats. 1985, Ch. 445, Sec. 38. )

    Verify source ↗

    Dairy farm inspections for manufacturing milk must be conducted by the approved milk inspection service in designated and assigned areas, and by the director in established milk inspection areas.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Inspection of Dairy Farms Producing Manufacturing Milk [33321 - 33322] ( Heading of Article 10 amended by Stats. 1985, Ch. 445, Sec. 38. ) ## 33322. The inspection of dairy farms producing manufacturing milk in an area to which an approved milk inspection service has been designated and assigned under the provisions of Article 4 (commencing with Section 33141) of this chapter shall be conducted by such approved milk inspection service. The inspection of dairy farms producing manufacturing milk in an established milk inspection area shall be conducted by the director. (Added by Stats. 1978, Ch. 927.)
  52. 3333.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    The board must send an annual report to the Legislature and Governor by May 31.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3333. The board shall submit a report to the Legislature and Governor on or before May 31st of each year with respect to the financial condition, present operations, and future planned activities of the California Exposition and State Fair. (Amended by Stats. 2006, Ch. 825, Sec. 4. Effective September 30, 2006.)
  53. 3334.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. )

    Verify source ↗

    Most California Exposition and State Fair entry records are public records, but certain future-judging entries and overnight race entries are excluded.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 4. Powers and Duties [3331 - 3334] ( Chapter 4 added by Stats. 1980, Ch. 1148. ) ## 3334. All records of the California Exposition and State Fair for entries in any of its events are public records, except entries in events which are scheduled for future judging or overnight entries in races on which there is parimutuel wagering prior to such events, judging, or races. (Added by Stats. 1980, Ch. 1148.)
  54. 33351.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [33351- 33351.] ( Article 11 added by Stats. 1978, Ch. 927. )

    Verify source ↗

    A person must not interfere with milk inspection representatives or stop them from examining records or collecting samples.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Inspection Services [33051 - 33351] ( Chapter 4 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Violations [33351- 33351.] ( Article 11 added by Stats. 1978, Ch. 927. ) ## 33351. It is unlawful for any person to do any of the following: (a) Prevent, interfere with, or attempt to nullify in any way the work of any duly authorized representative of the department or of an approved milk inspection service in the enforcement of any provision of this division. (b) Interfere with or prevent any such representative from examining or auditing any records or books in the conduct of his or her official duty. The records that are required to be made available include, but are not limited to, raw milk products purchased or received, daily production and manufacturing records, and all sales and distribution records maintained by the licensed milk products plant. (c) Prevent or interfere with any such representative if he or she deems it advisable to secure samples of milk or any product of milk, product resembling milk products, imitation butter, or oleomargarine, or any substance which is designed to be used as a substitute for milk or any product of milk. (Amended by Stats. 1985, Ch. 1166, Sec. 3. Effective September 28, 1985.)
  55. 33451.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33451 - 33453] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A dairy farm that is insanitary, deficient, or unsatisfactory is subject to action under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33451 - 33453] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33451. A dairy farm which is insanitary, deficient, or unsatisfactory is subject to the action provided in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  56. 33452.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33451 - 33453] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Some dairy cow farms may not market manufacturing milk, but certain farms can elect to do so for 12 months each year on January 1. Dairy goat farms are outside this section.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33451 - 33453] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33452. (a) A dairy cow farm that was marketing market milk, including milk that meets the definition of restricted use market milk, on August 1, 2005, shall not market manufacturing milk. However, annually on January 1 such a dairy may elect to market manufacturing milk for a 12-month period. This provision applies to a dairy cow farm that was marketing manufacturing milk on August 1, 2005, that subsequently obtains a market milk grade A permit, but does not apply if the facility is sold or leased to a new operator. A dairy cow farm that begins operation on or after January 1, 2006, shall not market manufacturing milk except as provided in this section. (b) This section does not apply to dairy goat farms. (Amended by Stats. 2005, Ch. 222, Sec. 2. Effective January 1, 2006.)
  57. 33453.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33451 - 33453] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the chapter does not block the secretary or an approved milk inspection service from immediately restricting use, excluding from the market, or condemning contaminated milk or cream, or milk or cream exposed to insanitary dairy barn or milk house conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33451 - 33453] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33453. This chapter does not prohibit the immediate restricted use or exclusion from the market or the immediate condemnation by the secretary or an approved milk inspection service of any milk or cream that is contaminated or that is produced in a dairy barn or held in a milk house which is in such an insanitary condition that the milk or cream will be contaminated by direct contact with filth. (Amended by Stats. 1996, Ch. 759, Sec. 4. Effective January 1, 1997.)
  58. 33481.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary must establish regulations for constructing sanitary milk barns and milk houses used in producing market milk.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33481. The secretary shall establish regulations for the construction of sanitary milk barns and milk houses which are used in the production of market milk. (Amended by Stats. 2002, Ch. 524, Sec. 1. Effective January 1, 2003.)
  59. 33482.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director’s adopted or established regulations, plans, and specifications become the standard building requirements for market milk dairy farms in the same geographical area, and they may be varied to fit climatic and other regional differences.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33482. The regulations, plans, and specifications may be varied to suit the climatic and other differences in the various sections of the state. If regulations, plans, and specifications have been adopted or established by the director, they are the standard building requirements of all market milk dairy farms which are operating in the same geographical area of the state. (Enacted by Stats. 1967, Ch. 15.)
  60. 33483.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Minimum construction standards for new market milk dairy farms and extensive repairs to existing market milk dairy farms cannot be lower than the standards set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33483. Minimum construction standards for new market milk dairy farms and extensive repairs to existing market milk dairy farms shall not be less than those which are established by the director pursuant to the authority which is conferred upon him by this article. (Enacted by Stats. 1967, Ch. 15.)
  61. 33484.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A dairy farm building built under the director’s adopted regulations, plans, and specifications does not have to be rebuilt just because those standards later change.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33484. Any dairy farm building heretofore or hereafter constructed in accordance with the regulations, plans, and specifications heretofore or hereafter adopted by the director is not, however, required to be rebuilt to conform to any future change in the regulations, plans, or specifications. (Enacted by Stats. 1967, Ch. 15.)
  62. 33485.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director or an approved milk inspection service cannot require rebuilding an existing dairy farm building unless the owner is making repairs worth at least 75% of the building’s value.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33485. No authority is conferred by this article upon the director or any approved milk inspection service to require the rebuilding of any existing dairy farm building unless the owner of the building is making repairs to it to the extent of at least 75 percent of the value of such building. (Enacted by Stats. 1967, Ch. 15.)
  63. 33486.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Structures used to produce market milk must be kept in repair according to the sanitary requirements and standards set by this division.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33486. All existing structures which are used in the production of market milk shall be kept in repair in accordance with the sanitary requirements and standards which are established by this division. (Enacted by Stats. 1967, Ch. 15.)
  64. 33487.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A state agency may not require an environmental impact report for a dairy farm activity if the dairy is built and operated to the chapter’s minimum standards and the local review/permit steps have been completed.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction or Repairs [33481 - 33487] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33487. No environmental impact report may be required by any state agency for any activity of a dairy farm, including adoption of waste discharge requirements pursuant to Division 7 (commencing with Section 13000) of the Water Code, under all of the following circumstances: (a) When the proposed dairy will be constructed and operated in accordance with the minimum standards established under this chapter. (b) Where the applicable local public agencies have completed all necessary reviews and approvals, including the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code, where applicable. (c) Where a permit for construction has been issued by the appropriate local agency or agencies, and construction undertaken. This section shall not apply to any dairy that received a permit, and undertook construction, prior to the effective date of the legislation enacting this section. (Added by Stats. 1983, Ch. 972, Sec. 1.)
  65. 3351.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

    Verify source ↗

    This section creates the State Fair Leasing Authority and gives it the common powers of a district agricultural association for purposes of Government Code Section 6502.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3351. (a) There is hereby created the State Fair Leasing Authority, a joint powers authority formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, which shall be composed of the Department of Food and Agriculture, the Department of Finance, the Department of General Services, and the California Exposition and State Fair. (b) For the purposes of Section 6502 of the Government Code, the common powers to be exercised by the State Fair Leasing Authority shall be the powers of a district agricultural association. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  66. 33511.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a dairy farm violates any provision of this article, the dairy farm is treated as insanitary, deficient, and unsatisfactory.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33511. If any provision of this article is violated by any dairy farm, the dairy farm is insanitary, deficient, and unsatisfactory. (Enacted by Stats. 1967, Ch. 15.)
  67. 33512.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Open cesspools, pigpens, stagnant water, manure, or other filth are not allowed within specified distances of milk-handling and milking areas.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33512. An open cesspool, pigpen, stagnant water, accumulation of manure or other filth shall not be permitted within 100 feet of the milk house or room, or within 50 feet of any milking barn, stanchions, or other place where milking is done. (Enacted by Stats. 1967, Ch. 15.)
  68. 33513.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Human waste from dairy farms must be disposed of using approved toilets or septic arrangements, and toilets must be placed and maintained so waste does not spread or contaminate soil or water.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33513. Human excreta or other human wastes shall be properly disposed of by the use of flush toilets and septic tanks, approved pits, or chemical toilets. Such toilets shall be conveniently located and properly constructed, operated, and maintained, so that the waste is inaccessible to flies and does not pollute the surface soil or contaminate any water supply. No approved pit or chemical toilet, however, shall be permitted within 100 feet of the milk house or room or within 50 feet of any milking barn, stanchions, or other place where milking is done. (Enacted by Stats. 1967, Ch. 15.)
  69. 33514.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Buildings, yards, and enclosures on a dairy farm must not be filthy or insanitary, and manure may not be left in heaps or otherwise where it is allowed to ferment and decay, except in pastures.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33514. The buildings, yards, or enclosures shall not be filthy or insanitary, nor shall any part of such yards or enclosures, except pastures, be made the depositories of manure in heaps or otherwise, where it is allowed to ferment and decay. (Enacted by Stats. 1967, Ch. 15.)
  70. 33515.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The water supply for the milk house or room and dairy barn must be properly located, built, operated, accessible, adequate, protected from contamination, and safe and sanitary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33515. The water supply for the milk house or room and dairy barn shall be properly located, constructed, and operated, easily accessible, adequate, protected against contamination, and of safe and sanitary quality. The bacterial quality shall conform to the standards of the State Board of Health for public supplies of drinking water. (Enacted by Stats. 1967, Ch. 15.)
  71. 33516.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Water provided for livestock to drink must not be stagnant or contaminated with manure, urine drainage, decaying vegetable or animal matter, or pathogenic bacteria.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33516. The water supply for drinking by livestock shall not be stagnant, polluted with manure, urine drainage, decaying vegetable or animal matter, or pathogenic bacteria of any source. (Enacted by Stats. 1967, Ch. 15.)
  72. 33517.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People working on a dairy farm who may contact milk, cream, or dairy operations must not have a communicable disease or be able to spread one.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33517. No person who is connected with or employed on a dairy farm and liable to come in contact with the milk or cream of the dairy farm or the dairy farm operations shall be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease. (Enacted by Stats. 1967, Ch. 15.)
  73. 33518.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A milkhouse or room must be provided and maintained for handling milk and cream, and it must be screened, have a two-compartment wash sink, and not be used for other purposes.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33518. A suitable milkhouse or room, which is properly screened to exclude flies or insects shall be provided and maintained for the separating, cooling, mixing, canning, and keeping, or otherwise caring for, the milk and cream. The milkhouse or room shall contain a two-compartment wash sink. The milkhouse or room shall not be used for any other purpose. It shall not be located in, or be a part of, any building in which fowls or animals, except milking cows, are housed, or be a part of any room where milking cows are held, or a part of, or communicate with, any room or place which is used by any person for sleeping or living accommodations. (Amended by Stats. 1967, Ch. 191.)
  74. 33519.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk containers and related equipment must be washed and sterilized after each use, using one of the listed heat or approved chemical methods.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33519. The pails, cans, bottles, or other containers for milk or its products, or the strainers, coolers or other utensils, appliances, apparatus, or equipment which come in contact with the milk or its products shall be thoroughly washed and afterwards sterilized each time they are used by one of the following methods: (a) Exposure to water vapor at a temperature of not less than 170 degrees Fahrenheit for a period of at least 15 minutes or at a temperature of not less than 200 degrees Fahrenheit for a period of at least five minutes in a steam cabinet equipped with an indicating thermometer which is located in the coldest zone. (b) Exposure to an enclosed jet of steam for not less than one minute. (c) Complete immersion in hot water at a temperature of not less than 170 degrees Fahrenheit for a period of at least five minutes. (d) Exposure to a flow of hot water of a temperature of not less than 170 degrees Fahrenheit, as determined at an outlet, for a period of at least five minutes. (e) Exposure to hot air at a temperature of not less than 180 degrees Fahrenheit for a period of at least 20 minutes in an oven or hot air cabinet which is equipped with an indicating thermometer located in the coldest zone. (f) A chemical or other sterilization process which has been approved by the director and which is used in the manner which is established by regulation of the director. (Amended by Stats. 1988, Ch. 160, Sec. 45.)
  75. 3352.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

    Verify source ↗

    The authority is run by a board, must hold open and public meetings, may hire consultants with board approval, and may not hire any other staff.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3352. (a) The authority shall be governed by a board of directors, which shall be composed of the Secretary of Food and Agriculture, the Director of Finance, the Director of General Services, and four individuals, appointed as provided in paragraph (1), who are members of the Board of Directors of the California Exposition and State Fair. The Treasurer and Controller shall be members of the board of the authority only for the purposes of hearing and deciding upon matters related to the issuance of revenue bonds pursuant to this chapter. The Director of Finance shall serve as chairperson of the authority. All meetings of the authority shall be open and public. (1) Of the four appointed members of the Board of Directors of the California Exposition and State Fair, one shall be appointed by the Speaker of the Assembly, one shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Governor. (2) The authority may contract with consultants as approved by the board of the authority. The authority shall not employ any other staff. (3) The general manager of the California Exposition and State Fair may serve only in an advisory capacity to the authority. (b) The authority is a “department” for the purposes of hearings pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2008, Ch. 179, Sec. 78. Effective January 1, 2009.)
  76. 33520.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk-handling containers, equipment, utensils, milk pails, and can lids must meet specific sanitation and construction standards.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33520. Multiuse containers, equipment and utensils used in the handling, storage and transportation of milk shall be made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials and shall be so constructed as to be easily cleanable. All containers, equipment, and utensils shall be in good repair. All milk pails used for handmilking and stripping shall be seamless and of the hooded type having an opening not exceeding one-third of the area of an open pail of the same size. All can lids shall cover the pouring lip so as to protect such lip from contamination. (Repealed and added by Stats. 1967, Ch. 191.)
  77. 33521.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    After sterilization, containers, appliances, or equipment must be dried and protected from flies, dust, and other contamination.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33521. The containers, appliances, or equipment, after sterilization, shall be adequately dried and protected from flies, dust, and other contamination. (Enacted by Stats. 1967, Ch. 15.)
  78. 33522.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Containers, utensils, appliances, and equipment may be used only for handling milk or milk products.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33522. No container, utensil, appliance, or equipment shall be used for any purpose except the handling of milk or products of milk. (Enacted by Stats. 1967, Ch. 15.)
  79. 33523.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    During milking, the udders, flanks, hind legs, and tails of cows or goats must be reasonably clean.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33523. The udders, flanks, hind legs, and tails of cows or goats shall be reasonably clean during milking. (Enacted by Stats. 1967, Ch. 15.)
  80. 33524.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk or cream must be protected from contamination by dust and flies.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33524. The milk or cream shall be protected from contamination by dust and flies. (Enacted by Stats. 1967, Ch. 15.)
  81. 33525.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People handling milk or milk products, and the related apparel, containers, and equipment, must not be soiled and must be washed regularly.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33525. The person or wearing apparel of the dairyman, his employees, or other persons who handle the milk or its products and containers or equipment of the milk or its products shall not be soiled and shall be washed with reasonable frequency. (Enacted by Stats. 1967, Ch. 15.)
  82. 33526.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milkers must keep their hands clean and dry throughout milking.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33526. The hands of milkers shall be clean and dry during the entire period of milking. (Enacted by Stats. 1967, Ch. 15.)
  83. 33527.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk or cream must be cooled as required by Section 35783 and kept that way until it is delivered to a milk products plant.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33527. The milk or cream shall be cooled as provided in Section 35783 and so maintained until delivery to a milk products plant. (Amended by Stats. 2007, Ch. 339, Sec. 1. Effective January 1, 2008.)
  84. 33528.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The interior of a milking barn, milk house, or room must be kept clean and free of accumulated dust and cobwebs.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33528. The interior of the milking barn or milk house or room shall be kept clean and free from accumulated dust and cobwebs. (Enacted by Stats. 1967, Ch. 15.)
  85. 33529.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The walls of a milking barn must not be allowed to become soiled with manure, urine, or other filth.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33529. The walls of the milking barn shall not become soiled with manure, urine, or other filth. (Enacted by Stats. 1967, Ch. 15.)
  86. 3353.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

    Verify source ↗

    Several state entities must provide staffing, clerical help, and legal support to the authority, and the authority must pay the related costs, with any excess paid by the California Exposition and State Fair.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3353. (a) The California Exposition and State Fair shall provide clerical services and the use of its staff without charge to the authority. The Department of Finance, the Department of Food and Agriculture, the Department of General Services, and the California Horse Racing Board shall cooperate with the authority, and, upon request of the chairperson of the authority, shall provide the authority with the reasonable and periodic use of their staffs. (b) The Attorney General shall serve as counsel for, and adviser to, the authority, and shall approve outside counsel to the authority in furtherance of the provisions of this chapter, as requested by the chairperson of the authority. (c) The costs, if any, for services to the authority specified in subdivisions (a) and (b) shall be paid for by the authority, with funds generated pursuant to this chapter. Any costs in excess of the funds available to the authority shall be paid by the California Exposition and State Fair. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  87. 33530.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Feed must not be spoiled or otherwise unfit for feeding cows or goats and for milk production.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Dairy Farm Sanitation [33511 - 33530] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33530. The feed shall not be spoiled or otherwise unfit for feeding cows or goats and the production of milk. (Enacted by Stats. 1967, Ch. 15.)
  88. 3354.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

    Verify source ↗

    The authority may enter into leases or other agreements for the State Fair Race Track or other property it owns or controls, if needed to further Section 3331 or provide horse racing.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3354. The authority may enter into leases or other agreements for the use of the State Fair Race Track or any other property owned or controlled by the California Exposition and State Fair which are necessary to further the purposes of Section 3331 or to provide horse racing at the State Fair Race Track. A lease or agreement entered into pursuant to this section shall be on behalf of the California Exposition and State Fair, and the State Fair shall continue in control of its property, subject to the conditions and terms of that lease or agreement. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  89. 3355.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

    Verify source ↗

    The California Exposition and State Fair must prepare a master plan, get it approved, include spending and timing details, require strong bond ratings if bond financing is used, and submit the completed plan for review.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3355. The California Exposition and State Fair, in consultation with the authority, shall prepare a master plan approved by the board of directors of the fair for the long-range comprehensive development and improvement of, and construction upon, the property of the California Exposition and State Fair. The plan shall prescribe the amounts which may be expended for the various features of the plan, the period authorized for the completion of each project, and the terms of any revenue bond financing undertaken with respect to the plan. The plan shall require that any revenue bond financing shall be rated in one of the four highest rating categories by two nationally recognized rating agencies. Upon its completion, the master plan shall be submitted to the Joint Legislative Budget Committee for review. The master plan is subject to amendment by the authority, with the approval of the Board of Directors of the California State Fair. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  90. 33551.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [33551 - 33552] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A dairy farm with a market milk (grade A) permit may be restricted or have its milk or cream excluded from the market for a chapter violation, but not if the violation is correctable and is fixed within 72 hours after written notice from a qualified inspector, subject to Section 33453.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [33551 - 33552] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33551. For any violation of this chapter a dairy farm with a market milk (grade A) permit shall be placed on restricted use or the milk or cream from it shall be excluded from the market. No such dairy farm, however, shall be placed on restricted use or the milk or cream from it excluded from the market, unless the exclusion is made pursuant to Section 33453, for a violation of this chapter, which, upon written notice from a qualified inspector, can be corrected and is corrected within 72 hours of the issuance of the notice. The notice shall be served personally on the owner or operator of the dairy farm. A copy of it shall be immediately delivered or mailed to the distributors that purchase the milk or cream produced on the dairy farm. (Amended by Stats. 1996, Ch. 759, Sec. 5. Effective January 1, 1997.)
  91. 33552.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [33551 - 33552] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A notice is not required for a later violation of this chapter if a notice has already been issued and the later violation happens within three months of the original notice.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Violations [33551 - 33552] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 33552. No notice for a subsequent violation of any provision of this chapter, for which a notice, as herein provided, has been issued is required if such subsequent violation occurs during the three-month period following issuance of the original notice. (Enacted by Stats. 1967, Ch. 15.)
  92. 3356.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

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    The California Horse Racing Board must certify whether prospective lessees or users are eligible to be licensed for horse racing at the State Fair Race Track, when the authority requests it.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3356. The California Horse Racing Board, at the request of the authority, shall certify the eligibility of any prospective lessee or user of the property to be licensed to conduct horse racing at the State Fair Race Track. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  93. 3357.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

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    When leasing or using certain State Fair property, the authority must follow similar procedures to the Department of General Services, consult with Sacramento’s city and county governing bodies, and consider listed improvement and financing factors before awarding the lease or agreement.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3357. (a) In leasing, or entering into agreements for the use of, the State Fair Race Track or other property owned or controlled by the California Exposition and State Fair, the authority shall follow the same procedures, as appropriate, as the Department of General Services follows in leasing or entering into similar agreements for other state real property. The authority shall also consult with, and present for comment the lease or agreement to, the governing bodies of the City and County of Sacramento prior to awarding the lease or entering into the agreement. (b) Prior to awarding a lease of, or entering into an agreement for the use of, the State Fair Race Track or other property owned or controlled by the California Exposition and State Fair, the authority shall consider all the factors concerning appropriate capital improvements of the race track, the financing of the race track, additional racing opportunities, and the use of new or additional properties or facilities, including, but not limited to, a grandstand or grandstand improvements, which factors shall be considered in the award of the lease or entering into the agreement. The authority shall also consult with, and present for comment the lease or agreement to, the governing bodies of the City and County of Sacramento prior to awarding the lease or entering into the agreement. (Amended by Stats. 2008, Ch. 179, Sec. 79. Effective January 1, 2009.)
  94. 3358.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

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    If the authority decides on a proposed State Fair Race Track lease or agreement, it must report to the Legislature and explain the procedures and reasons for its decision.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3358. If the authority makes a determination pursuant to this chapter about an action it proposes to take in awarding the State Fair Race Track lease or entering into the agreement, it shall report to the Legislature, setting forth the procedures followed by the authority in reaching its determination and the reasons the proposed award or agreement is in the best interests of the state. The authority shall also make recommendations regarding any additional legislation which it deems necessary. However, no legislative action is required to make a lease or agreement entered into by the authority effective and operative. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  95. 33581.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Reinstatement [33581- 33581.] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The secretary or approved milk inspection service must act on a dairy farm reinstatement application within three days after receiving it.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 5. Dairy Farms [33451 - 33581] ( Chapter 5 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Reinstatement [33581- 33581.] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 33581. An application for reinstatement of a dairy farm which has been placed on restricted use or the milk of which has been excluded from the market, pursuant to this chapter, shall be acted upon by the secretary or the approved milk inspection service that has jurisdiction, within three days after the receipt of the application by the secretary or approved milk inspection service. (Amended by Stats. 1996, Ch. 759, Sec. 6. Effective January 1, 1997.)
  96. 3359.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

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    After a lease is awarded or an agreement for State Fair property use is made, the authority must meet regularly to review the lease or agreement and the master plan, and it must make any recommendations it considers proper.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3359. After the award of a lease or upon entering into an agreement for the use of State Fair property, the authority shall meet periodically to review the operation of the lease or agreement, and the master plan, and to consider any other related matters. It shall also make any recommendations that it deems proper to the Legislature, other state agencies, including, but not limited to, the California Exposition and State Fair, and to the lessee or user of the property. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  97. 3360.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

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    The authority may pledge specified revenues and payment rights as security, and the California Exposition and State Fair is responsible for debt incurred under this chapter.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3360. (a) The authority, in the exercise of its powers, may pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of any kind, pursuant to the terms and conditions approved by the authority. The revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment pledged by the authority or its assignees constitute a lien and security interest which immediately attaches to the property so pledged, and is effective, binding, and enforceable against the authority, its successors, purchasers of the property so pledged, creditors, and all others asserting rights therein, to the extent set forth, and in accordance with, the terms and conditions of the pledge, irrespective of whether those persons have notice of the pledge and without the need for any physical delivery, recordation, filing, or further act. (b) The California Exposition and State Fair shall be responsible for any debt incurred pursuant to this chapter, and the capital of the California Exposition and State Fair shall be used to guarantee any indebtedness. (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  98. 3361.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. )

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    The state promises bondholders it will not change certain funding arrangements until the related bonds or obligations are fully paid or protected, and the authority must give 90 days’ notice before selling revenue bonds.

    ## Food and Agricultural Code - FAC ## DIVISION 3. EXPOSITIONS AND FAIRS [3001 - 4703] ( Division 3 enacted by Stats. 1967, Ch. 15. ) ## PART 2. CALIFORNIA EXPOSITION AND STATE FAIR [3301 - 3361] ( Part 2 repealed and added by Stats. 1980, Ch. 1148. ) ## CHAPTER 5. State Fair Leasing Authority [3351 - 3361] ( Chapter 5 added by Stats. 2007, Ch. 293, Sec. 1. ) ## 3361. The State of California pledges to, and agrees with, the holders of any bonds, other indebtedness, or obligations for the financing of the improvements described in the master plan pursuant to Section 3355, and which are issued or executed and delivered by the authority, or the California Exposition and State Fair, that the state will not alter or change the structure of funding of, and deposits to, the authority or to the California Exposition and State Fair pursuant to the provisions of Article 9.2 (commencing with Section 19605) of Chapter 4 of Division 8 of the Business and Professions Code, or the pledge of funds for debt service, security, including any coverage factors, and expenses entered into pursuant to this chapter until the bonds, other indebtedness, or obligations are fully paid or discharged or have been fully provided for in accordance with their terms. However, nothing precludes any alteration or change if and when adequate provision has been made by law for the protection from impairment of the contract represented by the bonds, other indebtedness, or obligations, and the right to alter or change is hereby reserved. The authority, and the California Exposition and State Fair, are each authorized to include this pledge and undertaking of the state in their bonds, agreements evidencing other indebtedness, and other indebtedness or obligations for the financing of the improvements described in the master plan pursuant to Section 3355. The authority shall notify the Joint Legislative Budget Committee at least 90 days prior to authorizing the sale of revenue bonds pursuant to this chapter. The notice shall specify all the terms and conditions of the revenue bonds, including, but not limited to, the total amount of the bonds, the revenue source, and the repayment period. Any bond so issued shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of, or interest on, this bond.” (Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)
  99. 33701.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A person may not operate a milk products plant unless the plant scores at least 80% on the official scorecard set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33701. It is unlawful for any person to operate a milk products plant unless such plant scores a minimum of 80 percent on the official scorecard for milk products plants which is established by regulation of the director. None of the provisions for scoring as set forth herein shall be applied to a dairy farm. (Enacted by Stats. 1967, Ch. 15.)
  100. 33702.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Some milk products plants are exempt from specified sections if they are used only to prepare products for animal and poultry feeds.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33702. The provisions of Sections 33701, 33762, 33763, 33764, and 33765 do not apply to any milk products plant, its utensils, apparatus, and equipment which are used for the processing, manufacturing, handling, and storing of milk, or any products of milk if such milk products plant and its equipment are devoted exclusively to the preparation of products for animal and poultry feeds. (Enacted by Stats. 1967, Ch. 15.)
  101. 33703.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Containers, utensils, appliances, and equipment used for handling or bottling milk or milk products may also be used for fruit juices or fruit juice base beverages if the director’s regulations allow it.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33703. Notwithstanding any provision of Section 33522, 33764, or 33765, containers, utensils, appliances, and equipment used for handling or bottling milk or milk products may be used for handling and bottling fruit juices or fruit juice base beverages pursuant to regulations of the director. (Enacted by Stats. 1967, Ch. 15.)
  102. 33704.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section exempts certain on-premises frozen dessert manufacturing from specified code sections, but sets handling, sourcing, reconstitution, separation, and fee-collection rules.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33704. (a) (1) Sections 33701, 33731, 33732, 33733, 33734, 33767, 33768, 33770, 33771, 33776, and 34593 do not apply to the manufacture of ice cream that is manufactured from ice cream mix, to frozen dairy dessert that is manufactured from frozen dairy dessert mix, to frozen dessert that is manufactured from frozen dessert mix, to frozen yogurt that is manufactured from frozen yogurt mix, or to nondairy frozen dessert that is manufactured from nondairy frozen dessert mix, if those products are manufactured in a freezing device from which those products are served directly in a semifrozen state, without packaging of any type, for consumption on the premises in or from rooms where food is served to the public. (2) Except for nondairy frozen dessert mix, all mixes shall be secured from a licensed manufacturer of milk products. (3) Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, frozen dessert mix, and nondairy frozen dessert mix shall be manufactured into a semifrozen state without adulteration and freezing device salvage shall not be reused as a mix. (b) Nondairy frozen dessert mix shall be obtained from manufacturers licensed pursuant to Sections 38931 and 38934. Any dry or condensed mix to be reconstituted into freezable form shall be reconstituted on the premises in containers or equipment that meet the requirements of Sections 33763, 33764, 33765, and 33766. Any water used for reconstitution shall be treated in a manner to ensure a quality equal to potable pasteurized water. Upon reconstitution, the product shall be poured directly into the freezing unit or refrigerated at a temperature not to exceed 45 degrees Fahrenheit, and so maintained until frozen, or both. (c) Where any retail establishment manufactures two or more of the products provided for under this section, each of those products shall be processed in a separate freezing device, and that freezing device shall be clearly identified as to the product being manufactured therein. (d) The secretary may, by agreement with any approved milk inspection service, authorize the service to inspect and enforce requirements of this code applicable to the establishments covered by this section. Any agreement shall provide that the approved inspection service shall collect the applicable license fee for those establishments as provided in Sections 35221 and 38933. The fees collected shall be retained by the approved service to cover its cost of enforcement, but 15 percent of the fees collected shall be remitted to the secretary to cover the cost of administration. (Amended by Stats. 2017, Ch. 153, Sec. 1. (AB 1486) Effective January 1, 2018.)
  103. 33704.7.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “frozen dairy dessert” and sets composition limits for the product.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33704.7. “Frozen dairy dessert” is the food prepared by freezing while stirring a pasteurized mix containing milk or ingredients, derived from milk, or both, and which may contain other optional safe and suitable ingredients. Frozen dairy desserts contain less than six percent, by weight, of nonfat milk solids, exclusive of any caseinates, and less than 75,000 bacteria per gram. (Added by Stats. 1995, Ch. 150, Sec. 2. Effective January 1, 1996.)
  104. 33704.8.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    Frozen desserts without a federal standard of identity may be manufactured or sold if they meet applicable health, safety, and labeling requirements and their labels include a statement of identity approved by the secretary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33704.8. Frozen desserts, not subject to a standard of identity prescribed by Title 21 of the Code of Federal Regulations, may be manufactured or sold, or both, if they are in compliance with all applicable health, safety, and labeling requirements, and if their labels bear a statement of identity approved by the secretary. (Added by Stats. 1995, Ch. 150, Sec. 3. Effective January 1, 1996.)
  105. 33705.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    A wholesome agricultural food product that does not affect milk products’ flavor or quality may be manufactured in a milk products plant if the director sets conditions and issues a special permit after proper investigation.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [33701 - 33705] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 33705. Notwithstanding any other provisions of this division, any wholesome agricultural food product which does not affect the flavor or quality of milk products may be manufactured in any milk products plant subject to conditions which are prescribed by the director, and upon obtaining a special permit which is issued by the director after proper investigation. (Enacted by Stats. 1967, Ch. 15.)
  106. 33731.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    New milk products plants and extensive repairs to existing ones need the director’s written approval of detailed plans or specifications before the work can proceed.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33731. No new milk products plant shall be constructed nor shall extensive repairs be made to any existing milk products plant unless plans or specifications which show in detail the nature of the construction or alteration have been submitted to the director and unless the plans and specifications have received the director’s approval in writing. (Amended by Stats. 1985, Ch. 445, Sec. 41.)
  107. 33732.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    New milk products plants must include separate rooms for each listed operation, unless Section 33733 provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33732. Except as otherwise provided in Section 33733, minimum construction standards for new milk products plants shall include a separate room for each of the following operations: (a) Receiving and weighing of milk or cream, and washing and sterilizing of containers in which milk or cream is received. (b) Pasteurization, processing, cooling, and manufacturing. (c) Washing and sterilizing bottles or cans which are used in the delivery of milk or cream to the wholesale or retail trade. (d) Bacteriological and chemical analyses. (e) Adequate and efficient cold storage room or rooms mechanically equipped and operated. (f) Boiler, compressor, and other machinery. (g) Storing of supplies. (h) Toilets, lavatories, and lockers. (Amended by Stats. 1977, Ch. 579.)
  108. 33733.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A separate room is required for each operation listed in Section 33732, unless the listed function is not performed at the milk products plant.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33733. A separate room is required for conducting each of the operations which is listed in Section 33732, except that, if any of the functions which are specified in subdivisions (a) to (g), inclusive, of that section are not performed at a milk products plant, there need not be a separate room provided for such function. (Enacted by Stats. 1967, Ch. 15.)
  109. 33734.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When the Section 33732 functions are performed, they must be done with equipment the director determines is stationary and permanently located.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. New Construction and Repairs [33731 - 33734] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 33734. Whenever and wherever the functions which are specified in Section 33732 are performed, such performance shall be with equipment which is determined by the director to be stationary by nature and permanently located. (Enacted by Stats. 1967, Ch. 15.)
  110. 33761.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a milk products plant violates any provision of this article, the plant is insanitary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33761. If any provision of this article is violated by any milk products plant, the milk products plant is insanitary. (Enacted by Stats. 1967, Ch. 15.)
  111. 33762.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A milk products plant must not receive milk, cream, or milk products that are impure, tainted, unclean, adulterated, unwholesome, fermented, putrefactive, or contain harmful foreign substances.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33762. Milk or cream, or any product of milk or cream, shall not be received, by a milk products plant if such milk or cream, or product of milk or cream, comes within any of the following classes: (a) Is impure, tainted, unclean, adulterated, or unwholesome. (b) Has reached an advanced stage of fermentation. (c) Shows a state of putrefactive fermentation. (d) Contains foreign substances which are detrimental to the quality of the product manufactured from the milk or cream or the product of milk or cream. (Enacted by Stats. 1967, Ch. 15.)
  112. 33763.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Utensils and apparatus that touch milk or milk products must be washed and sterilized each time they are used.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33763. The utensils and apparatus that come in contact with milk or its products shall be thoroughly washed and afterwards sterilized each time they are used by heating them to a temperature above 200 degrees Fahrenheit, or by a chemical or other sterilization process which has been approved by the director and which is used in the manner established by regulation of the director. (Enacted by Stats. 1967, Ch. 15.)
  113. 33764.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Containers used for milk or milk products must be washed, sterilized, and dried after emptying before they are used again.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33764. The cans or other containers in which the milk or milk products are received, transported, or delivered shall be thoroughly washed, sterilized, and dried after emptying and before being sent out to be used again. (Enacted by Stats. 1967, Ch. 15.)
  114. 33765.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Containers, utensils, apparatus, or equipment may be used only for handling milk and milk products, except as otherwise provided.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33765. No container, utensil, apparatus, or equipment, except as otherwise provided, shall be used for any purpose other than that of handling milk and the products of milk. (Enacted by Stats. 1967, Ch. 15.)
  115. 33766.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk-contact surfaces must be smooth, easy to clean, and free of seams, cracks, or crevices; tank openings must be protected; storage tanks need an accurate thermometer; and surface coolers need condensate deflectors and tight-fitting shields.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33766. The inside surfaces of any equipment, apparatus, or container, which comes in contact with milk or its products, shall be smooth and readily cleanable and free of open seams, cracks, or crevices. All openings in covers of tanks, vats, separators or other equipment shall be protected by raised edges or otherwise to prevent the entrance of surface drainage. Every tank in which milk or a milk product is stored shall be equipped with an accurate thermometer. All surface coolers shall be equipped with condensate deflectors and tight-fitting shields. (Amended by Stats. 1967, Ch. 191.)
  116. 33766.5.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk products plant sanitation equipment and materials must meet specific contamination-prevention requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33766.5. Recirculated cold water which is used in coolers and exchangers shall be obtained from a safe source and protected from contamination. Any freezing point depressant shall be nontoxic. All bottling or packaging machine supply tanks and bowls shall have covers which are constructed to prevent any contamination from reaching the inside of the filler tank or bowl. A drip deflector shall be installed on each filler valve. All conveyors which deliver sterile containers to bottling or packaging facilities shall be afforded overhead protection from contamination. Pasteurized milk and any milk product shall be conducted from one piece of equipment to another only through sanitary piping. (Added by Stats. 1967, Ch. 191.)
  117. 33767.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk products plant floors must be made of concrete or other approved impervious material, be watertight, slope to drainage points, and be readily cleanable.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33767. The floor shall be constructed of concrete or other impervious material which is acceptable to the director. It shall be so constructed as to be watertight and so sloped that all drainage will flow to one or more points of drainage. The floors shall be readily cleanable. (Enacted by Stats. 1967, Ch. 15.)
  118. 33768.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Floor drains must be installed, properly trapped to exclude odors, and connected to a sewer line that carries refuse milk, water, and sewage to a point at least 100 feet away from the milk products plant.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33768. Floor drains shall be provided which are properly trapped to exclude odors and connected to a sewer line that will convey refuse milk, water, and sewage away to a point at least 100 feet distant from the milk products plant. (Enacted by Stats. 1967, Ch. 15.)
  119. 33769.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk, milk products, and filth must not be allowed to accumulate, ferment, or decay on floors or walls.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33769. No milk, its products, or any filth shall be allowed to accumulate, ferment, or decay upon the floor or walls. (Enacted by Stats. 1967, Ch. 15.)
  120. 33770.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A building used in connection with a milk products plant must not permit any animal life other than humans.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33770. No species of animal life other than man shall be permitted in any building which is used in connection with any milk products plant. (Enacted by Stats. 1967, Ch. 15.)
  121. 33771.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A building used with a milk products plant may not be used for any purpose other than handling milk products and related equipment or containers.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33771. No building which is used in connection with any milk products plant shall be used for any purpose except the handling of milk and milk products, equipment, apparatus, or containers of milk or milk products. (Enacted by Stats. 1967, Ch. 15.)
  122. 33772.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The water supply must be properly located, constructed, accessible, operated, and protected from contamination, and its bacterial quality must meet State Board of Public Health standards for public drinking water supplies.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33772. The water supply shall be properly located and constructed so as to be easily accessible, adequately operated, and protected against contamination. The bacterial quality shall conform to standards of the State Board of Public Health for public supplies of drinking water. (Enacted by Stats. 1967, Ch. 15.)
  123. 33773.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain sources of nuisance or foul odors must not be located where they would affect a milk products plant.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33773. A cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall not be so located as to become a nuisance or to permit foul odors to reach such milk products plant. (Enacted by Stats. 1967, Ch. 15.)
  124. 33774.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Openings into a milk products plant must be protected against flies and insects, and doors must be self-closing.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33774. All openings into any milk products plant shall be effectively protected against flies and insects and doors shall be self-closing. (Enacted by Stats. 1967, Ch. 15.)
  125. 33775.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Rooms must have enough light and adequate ventilation.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33775. There shall be sufficient light in each room equivalent to not less than one 50-watt electric light per 100 square feet of floor area, reasonably and efficiently distributed. All rooms shall be adequately ventilated. (Enacted by Stats. 1967, Ch. 15.)
  126. 33776.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk products plant walls and ceilings must be tight, sound, and cleanable, and the walls must use nonabsorbent material acceptable to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33776. Tight, sound, and cleanable walls and ceilings shall be provided. The walls shall be constructed of nonabsorbent material, acceptable to the director, sufficiently above the floor to take care of any splash and to prevent the flowing or seepage of water or other fluids underneath or between the wall and the floor or supporting members. (Enacted by Stats. 1967, Ch. 15.)
  127. 33777.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk products plants must have employee toilet and lavatory facilities, with soap and clean towels, and the toilet cannot open directly into milk-handling or container-washing rooms.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33777. A suitable toilet, with self-closing door, and lavatory facilities, soap, and clean towels shall be provided for employees. A toilet shall not communicate directly with any room which is used for handling milk or its products or with any room which is used for the washing, sterilizing, and storage of containers and supplies. (Enacted by Stats. 1967, Ch. 15.)
  128. 33778.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who work with, or come into contact with, milk or milk products must keep their bodies and clothing clean and wash them regularly.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33778. The bodies or wearing apparel of persons who are employed or come in contact with any milk or its products shall be kept clean and shall be washed from time to time with reasonable frequency. (Enacted by Stats. 1967, Ch. 15.)
  129. 33779.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People connected with or employed in a milk products plant must not have a communicable disease or be able to spread one. The director may require physical examinations and testing of dairy farm workers or milk products plant employees when there is reasonable cause to suspect a milk-borne disease.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33779. (a) No person who is connected with, or employed in, a milk products plant and liable to come in contact with milk or milk products or the milk products plant operations, shall be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease. (b) The director, in addition to the authority granted by this section and by Sections 33517, 35862, and 35892, shall require the physical examination and testing of any dairy farm workers or milk products plant employees when there is reasonable cause to believe a worker or employee could be infected with a milk-borne disease. (Amended by Stats. 1985, Ch. 1166, Sec. 4. Effective September 28, 1985.)
  130. 33780.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Equipment or apparatus must not be installed or maintained in a way that prevents thorough and adequate cleaning of walls and floors.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33780. No equipment or apparatus shall be installed or maintained in such manner so as to prevent thorough and adequate cleaning of walls and floors. (Enacted by Stats. 1967, Ch. 15.)
  131. 33781.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A room used to cut, wrap, and package cheese and cheese products must be kept in sanitary compliance. Some foods that do not affect flavor or quality may still be handled there even if they are not maintained under those sanitary requirements.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33781. A room in which cheese and cheese products are cut, wrapped, and packaged into individual consumer packages shall be maintained in accordance with the sanitary requirements of this chapter. However, foods which do not affect the flavor or quality of the cheese and cheese products and are not maintained in accordance with the sanitary requirements of this chapter may be handled in such a room. (Added by Stats. 1983, Ch. 423, Sec. 2.)
  132. 33782.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section applies the chapter to any building or structure where a product resembling a milk product is manufactured, processed, or compounded.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 6. Milk Products Plants [33701 - 33782] ( Chapter 6 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Milk Products Plant Sanitation [33761 - 33782] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 33782. All of the provisions of this chapter apply to any building or structure in which any product resembling a milk product is manufactured, processed, or compounded. However, food which does not affect the flavor or quality of the products and which is not maintained in accordance with the sanitary requirements of this chapter may be handled in the building or structure. (Added by Stats. 1983, Ch. 423, Sec. 3.)
  133. 34001.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk and milk products must be pasteurized using one of the listed heat-and-hold methods, then cooled to 50°F or below immediately.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34001. Pasteurization of milk or a milk product is a process which consists of one of the following: (a) Uniformly heating milk or a milk product to a temperature of not less than 145 degrees Fahrenheit and of holding it at such temperature for at least 30 minutes, except a milk product which has a higher fat content than milk, or contains added sweeteners, or both, shall be heated to at least 150 degrees Fahrenheit and held at or above this temperature for at least 30 consecutive minutes. (b) Uniformly heating milk or a milk product to a temperature of at least 161 degrees Fahrenheit and holding it at such temperature for at least 15 seconds, except a milk product which has a higher fat content than milk, or contains added sweeteners, or both, shall be heated to at least 166 degrees Fahrenheit and held at or above this temperature for at least 15 consecutive seconds. Each such type of heating shall be conducted in approved and properly operated equipment. The milk or milk product shall be immediately cooled to a temperature of not above 50 degrees Fahrenheit after the completion of either of such heatings. Nothing contained in this chapter shall be construed as prohibiting any other process which has been demonstrated to be equally efficient and is approved by the director. (Amended by Stats. 1967, Ch. 191.)
  134. 34001.5.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    “Ultra-pasteurized” means milk or a milk product that has been thermally processed under the specified regulations, and any ultra-pasteurization equipment installation or use must be approved by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34001.5. When the term “ultra-pasteurized” is used to describe any milk or milk product, it means that such milk or milk product has been thermally processed, either before or after packaging, in accordance with the ultra-pasteurization requirements of regulations established under the Federal Food, Drug and Cosmetic Act, so as to produce a product which has an extended shelf life under refrigerated conditions. The installation and use of any ultra-pasteurization equipment shall be subject to the approval of the director. (Added by Stats. 1975, Ch. 685.)
  135. 34002.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If ripening or starting is to begin immediately, certain pasteurized cream and milk must be cooled to no lower a temperature than necessary for that ripening or starting.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34002. If the process of ripening or starting is to be commenced immediately, each of the following shall be cooled to a degree no lower than necessary for such ripening or starting: (a) Cream which is pasteurized for use and which is used in the manufacture of butter. (b) Milk which is pasteurized for use and which is used in the manufacture of cheese. (Enacted by Stats. 1967, Ch. 15.)
  136. 34003.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Cream made from market milk may be heated to no more than 165°F and then immediately cooled to 50°F or less.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34003. In the process of producing cream from market milk which is to be used as market cream or for the standardization of market milk, such cream may be heated to a temperature of not to exceed 165 degrees Fahrenheit and immediately cooled to a temperature of 50 degrees Fahrenheit or less. Such heat treatment shall not prevent the subsequent pasteurization of such cream. (Enacted by Stats. 1967, Ch. 15.)
  137. 34004.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Pasteurized skim milk used to standardize pasteurized market milk may be repasteurized once.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34004. Pasteurized skim milk, which is derived from market milk and which is used for standardizing pasteurized market milk, may be repasteurized once. (Enacted by Stats. 1967, Ch. 15.)
  138. 34005.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market cream that has not been packaged for distribution to consumers may be repasteurized once.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34005. Market cream which has not been packaged for distribution to consumers may be repasteurized once. (Enacted by Stats. 1967, Ch. 15.)
  139. 34006.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Operators of places where milk is received and byproducts are distributed must pasteurize skim milk, whey, or other milk byproducts before delivering them for farm animal feed.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34006. Every person that operates any place where milk is received and byproducts are distributed shall pasteurize any skim milk, whey, or other milk byproduct which is to be used for feeding purposes for farm animals before delivering it. Such pasteurization may be accomplished by heating the byproduct to a temperature of 145 degrees Fahrenheit and holding it at that temperature for not less than 30 minutes, or by heating it to 185 degrees Fahrenheit without holding. (Enacted by Stats. 1967, Ch. 15.)
  140. 34007.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain users of pasteurizing apparatus for noncultured soft fresh cheese must test pasteurized milk daily, keep the test records for at least one year, allow inspection of those records, and notify the department immediately if a positive finding occurs.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34007. (a) Every person that uses any pasteurizing apparatus for the manufacture of soft fresh cheese varieties that are not cultured shall sample and test the pasteurized milk daily from each pasteurizer to determine the presence of phosphatase enzymes in a manner approved by the director. Records of the tests shall be made and kept on file for not less than one year after they are made. The records shall at all times be open to the inspection of the director and to all state, county, and municipal officers who are required to enforce laws and ordinances regarding milk products or the public health. (b) In the event of a positive finding pursuant to this section, the milk products plant operator shall immediately notify the department of the findings. (Added by Stats. 1985, Ch. 1166, Sec. 2. Effective September 28, 1985.)
  141. 34008.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Most market milk and milk products must be pasteurized at the plant where they are processed and packaged, unless another rule in this division says otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Standards [34001 - 34008] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34008. (a) All market milk and market milk products, and all milk for manufacturing purposes and manufactured milk products, shall be pasteurized at the plant where processed and packaged unless otherwise provided in this division. (b) This section does not apply to any of the following: (1) Licensed milk products plants that are used exclusively for the preparation of ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert that is manufactured on the premises from ice cream mix, frozen yogurt mix, frozen dairy dessert mix, or frozen dessert mix that is supplied by a licensed milk products plant. (2) Products sold through soft-serve establishments pursuant to Section 33704, including frozen yogurts and frozen dairy desserts. (3) Frozen and semifrozen products sold through establishments issued a limited frozen manufacturing permit pursuant to Section 35016. (4) Goat milk cheese produced at a licensed milk products plant, excluding cottage cheese, manufactured from curds, provided the curds were made only from goat milk that has been pasteurized, ultrapasteurized, or aseptically processed, as defined in Sections 34001, 34001.5, and 39701, respectively, at either of the following: (A) A licensed milk products plant. (B) A milk products plant that meets sanitation requirements substantially similar to those established by Article 3 (commencing with Section 33761) of Chapter 6, and that is registered as a food facility with the United States Food and Drug Administration in accordance with the federal Food, Drug, and Cosmetics Act (21 U.S.C. Sec. 350d). (c) The secretary may, by regulation, provide for additional exemptions from this section. (Amended by Stats. 2017, Ch. 153, Sec. 2. (AB 1486) Effective January 1, 2018.)
  142. 34031.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Sanitation [34031 - 34032] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Equipment used to pasteurize milk or milk products must be kept strictly clean and sanitary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Sanitation [34031 - 34032] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34031. Any apparatus which is used for the pasteurization of milk or any milk product shall be kept in strictly clean and sanitary condition. (Enacted by Stats. 1967, Ch. 15.)
  143. 34032.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Sanitation [34031 - 34032] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Any vat, tank, or container used to store a milk byproduct must be kept clean and sanitary.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Sanitation [34031 - 34032] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34032. Any vat, tank, or container which is used to store a milk byproduct shall be kept in a clean and sanitary condition. (Enacted by Stats. 1967, Ch. 15.)
  144. 34061.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk pasteurization vats, tanks, or other receptacles must have a recording thermometer device.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34061. Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall be equipped with a recording thermometer device to accurately record the temperature to which, and the length of time for which, the pasteurized product has been heated. (Enacted by Stats. 1967, Ch. 15.)
  145. 34062.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Vats, tanks, and other receptacles used to pasteurize milk or milk products must have an indicating thermometer.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34062. Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall also be equipped with an indicating thermometer. (Enacted by Stats. 1967, Ch. 15.)
  146. 34063.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Thermometers used in pasteurization must be approved by the director, and their use remains subject to that approval at all times.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34063. Any recording thermometer device and any indicating thermometer which is used in pasteurization shall be of a type which is approved by, and its use is at all times subject to the approval of, the director. (Enacted by Stats. 1967, Ch. 15.)
  147. 34064.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People using pasteurizing apparatus in the state must date, preserve, and keep thermometer records on file for at least one year, and keep those records open to inspection.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34064. Every person that uses any pasteurizing apparatus within the state shall date, preserve, and keep on file for not less than one year after they are made, all records which have been made by the recording thermometer. The records shall, at all times, be open to the inspection of the director, and all state, county, and municipal officers who are charged with the enforcement of the laws and ordinances respecting milk products or the public health. (Amended by Stats. 1985, Ch. 1166, Sec. 5. Effective September 28, 1985.)
  148. 34065.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who use pasteurizing apparatus in the state must keep records of equipment modifications, maintenance, and repairs on file for at least one year, and those records must be open to inspection by specified enforcement officials.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Thermometers and Temperature Records [34061 - 34065] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34065. Every person who uses any pasteurizing apparatus within the state shall compile and keep on file for not less than one year records relating to pasteurization equipment modifications, maintenance, and repairs. The records shall, at all times, be open to the inspection of the director and all state, county, and municipal officers who are charged with the enforcement of the laws and ordinances regarding milk products or the public health. (Added by Stats. 1985, Ch. 1166, Sec. 6. Effective September 28, 1985.)
  149. 34091.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Misrepresentation [34091- 34091.] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not sell milk as pasteurized, or use “pasteurized” in related sale or labeling, unless the milk is made only from pasteurized milk, skim milk, or cream.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 8. Pasteurization [34001 - 34091] ( Chapter 8 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Misrepresentation [34091- 34091.] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 34091. It is unlawful for any person to sell any milk or product of milk as and for pasteurized milk or a product of pasteurized milk, or to use the word “pasteurized” or any of its derivatives in connection with the sale, designation, advertising, labeling, or billing of any milk or product of milk, unless the milk and all products of milk which are contained in the milk or the product of milk, or used in its manufacture, consist exclusively of milk, skim milk, or cream which has been pasteurized. (Enacted by Stats. 1967, Ch. 15.)
  150. 34201.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 1. General Provisions [34201 - 34202] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not fraudulently manipulate milk-related measurements, tests, samples, or records.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 1. General Provisions [34201 - 34202] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34201. A person shall not do any of the following: (a) Fraudulently manipulate the measure, weight, or test which is used for determining the grade or quality of milk, cream or any fluid derivative of milk or cream. (b) Fraudulently manipulate the test which is used for determining the percentage of milk fat in milk, cream, or any fluid derivative of milk or cream. (c) Overread or underread any such test. (d) Take an unfair sample of milk, cream, or any fluid derivative of milk or cream on which the grade, quality, or amount of milk fat in it is to be determined. (e) Fraudulently manipulate any such sample, or the record of any measurement, weight, test, or combination of them. (Enacted by Stats. 1967, Ch. 15.)
  151. 34202.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 1. General Provisions [34201 - 34202] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says no tolerance is allowed for weights, measures, milk fat percentages, moisture, or any other measure or standard, unless a specific provision allows that tolerance.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 1. General Provisions [34201 - 34202] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34202. No tolerance in weights, measures, percentages of milk fat, moisture, or any other measure or standard is permitted, except where specific provisions are made for such a tolerance. (Enacted by Stats. 1967, Ch. 15.)
  152. 34231.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 2. Basis for Payment [34231 - 34233] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk payments must be based on weight or measure and milk-fat or skim-milk percentages, with testing rules set by the director.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 2. Basis for Payment [34231 - 34233] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of weight or measure and percentage of the milk fat or the fluid skim milk components or both contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm. (b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. (c) By mutual agreement between producers and a distributor purchasing milk, cream or any fluid derivative of milk or cream from such producers, testing of such products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director or subject to his approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such plant, the director shall, by procedures established by regulations, designate an employee of the department to perform such tests, or approve a contract with an approved milk inspection service, or in the alternative the director shall designate independent testing facilities to perform such tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers. (d) The cost, for testing such milk, cream or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director shall be borne equally by the producer and distributor so affected. Provision for such joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which may be performed by the milk inspector as set forth in the contract. (e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such products for either milk fat content or fluid skim milk components content or both may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director or subject to his approval, with an approved milk inspection service. (f) In the event the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director may, within his discretion, and upon written application by the distributor, approve the exemption of the distributor from such daily testing requirements. (g) The director shall require, by regulations, testing of packaged fluid products to be performed by such methods as to provide results consistent with, and comparable to, the testing of the raw product. (Amended by Stats. 1973, Ch. 869.)
  153. 34232.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 2. Basis for Payment [34231 - 34233] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may issue a written permit to allow milk, cream, or fluid derivative sales on a gallonage basis if weighing and testing facilities are not available and the parties request it.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 2. Basis for Payment [34231 - 34233] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34232. If the director finds, after investigation by him, that facilities are not available for weighing and testing, upon request of the parties he may issue a written permit which authorizes the purchase and sale of milk, cream, or any fluid derivative of milk or cream upon a gallonage basis. (Enacted by Stats. 1967, Ch. 15.)
  154. 34233.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 2. Basis for Payment [34231 - 34233] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says the article does not prohibit route weighing and sampling, use of composite milk samples, or goat milk sales on a gallonage basis without the Section 34232 permit, except as otherwise provided in Section 34231.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 2. Basis for Payment [34231 - 34233] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34233. This article does not prohibit weighing and sampling on a route, or the use of composite samples of milk, except as otherwise provided in Section 34231, or the purchase and sale of market milk which is obtained from goats on a gallonage basis without the permit provided for in Section 34232. (Amended by Stats. 1973, Ch. 869.)
  155. 34261.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    A licensed tester must make a duplicate permanent record of every qualifying milk test on a department-approved standard form.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. ) ## 34261. A permanent record in duplicate of every test of milk, cream, or any fluid derivative of milk or cream which is purchased, received, or sold on the basis of the amount of milk fat or the fluid skim milk components or both that is contained in it, shall be made by a licensed tester on a standard form which is in accordance with the specifications for such record which are adopted by, the department. (Amended by Stats. 1969, Ch. 537.)
  156. 34261.5.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    The director must adopt regulations for testing, weighing, measuring, recording, and reporting milk components.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. ) ## 34261.5. The director shall, by regulation, adopt methods and procedures for the testing, weighing, and measuring of milk components and for the recording and reporting of such testing. (Added by Stats. 1978, Ch. 824.)
  157. 34262.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    Each milk test must be recorded legibly in indelible pencil or ink so the test can be correctly identified.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. ) ## 34262. Each test shall be legibly recorded with indelible pencil or ink in such a manner as to correctly identify the test obtained upon the milk, cream, or fluid derivative of milk or cream. (Enacted by Stats. 1967, Ch. 15.)
  158. 34263.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    Licensed testers must sign each sheet or page, and must deposit a duplicate record right after the test in a box provided by the milk buyer, receiver, or seller. The box must meet the director’s regulations.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. ) ## 34263. Each sheet or page shall be authenticated by the signature of the licensed tester. A duplicate record shall be deposited by the licensed tester immediately after completing the test on the day’s samples, in a box which is provided by the purchaser, receiver, or seller of milk, cream, or fluid derivative of milk or cream, as the case may be. The box shall be constructed, sealed, and maintained in accordance with the regulations of the director. (Enacted by Stats. 1967, Ch. 15.)
  159. 34264.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    The original test record must be delivered immediately to the purchaser, receiver, or seller of the milk, cream, or fluid derivative of milk or cream, and that person must keep it for at least three months.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. ) ## 34264. The original record of each test shall be immediately delivered to the purchaser, receiver, or seller of the milk, cream, or fluid derivative of milk or cream, and shall be retained by him for at least three months. (Enacted by Stats. 1967, Ch. 15.)
  160. 34265.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    Licensed testers must keep an unmodified sample of tested milk products for a time set by regulation, and the purchaser, receiver, or seller must provide a suitable storage place approved by the department.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 3. Milk Tests [34261 - 34265] ( Heading of Article 3 amended by Stats. 1979, Ch. 373. ) ## 34265. The licensed tester shall retain an unmodified sample of any milk, cream, or fluid derivative of milk or cream which is tested by him for a period of time which is specified in regulations adopted by the director after tests of milk or cream have been made. The purchaser, receiver, or seller of milk or cream or fluid derivative of milk or cream shall provide a suitable place where the samples which are retained by the tester may be kept. Such place shall be acceptable to the department. (Enacted by Stats. 1967, Ch. 15.)
  161. 34301.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. )

    Verify source ↗

    The secretary must supervise bulk milk weighing, measuring, sampling, testing, and sanitary loading and unloading, and may assess a fee on producers, producer-handlers, and handlers.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. ) ## 34301. (a) The secretary shall supervise the weighing, measuring, sampling, bacteriological testing, and sanitary loading and unloading of bulk milk delivered to handlers. (b) Notwithstanding any other provision of this division, the secretary may, in order to effectuate the purposes of this article, assess all producers, producer-handlers, and handlers a fee which shall be used for the supervision of, and checking the corrections of, bacteriological tests, and the weighing, measuring, sampling, and sanitary loading and unloading of all bulk milk delivered to handlers. (Amended by Stats. 2019, Ch. 304, Sec. 6. (AB 590) Effective January 1, 2020.)
  162. 34301.5.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. )

    Verify source ↗

    This section defines “handler,” “producer,” and “producer-handler” for this article.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. ) ## 34301.5. For purposes of this article, the following definitions apply: (a) “Handler” means a person who, as owner, agent, broker, or intermediary, receives, purchases, or otherwise acquires ownership, possession, or control of milk in unprocessed or bulk form from a producer for the purpose of manufacturing, processing, selling, distributing, or other handling. (b) “Producer” means a person who operates a dairy farm. (c) “Producer-handler” means a person who is both a producer and a handler. (Added by Stats. 2019, Ch. 304, Sec. 7. (AB 590) Effective January 1, 2020.)
  163. 34302.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. )

    Verify source ↗

    Handlers must deduct an assessment or pay a fee on milk, and remit the amount to the secretary by the 45th day after the month the milk was received.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. ) ## 34302. (a) A handler, including a producer-handler, shall deduct an assessment from payments made to producers for milk, including the handler’s own production, of a sum not to exceed one-tenth of one cent ($0.001) per hundredweight of milk. The amount of the assessment deducted shall be paid to the secretary on or before the 45th day following the last day of the month during which the milk was received. (b) A handler that purchases or handles milk from producers, including the handler’s own production, if any, shall pay a fee not to exceed five-hundredths of one cent ($0.0005) per hundredweight of milk. The amount of the fee shall be paid to the secretary on or before the 45th day following the last day of the month in which the milk was received. (c) Notwithstanding the assessment and fee limits in subdivisions (a) and (b), the secretary may increase the amount of the assessment in subdivision (a) and the fee in subdivision (b) by an amount not to exceed one-hundredth of one cent ($0.0001) per hundredweight per annum. (Amended by Stats. 2019, Ch. 304, Sec. 8. (AB 590) Effective January 1, 2020.)
  164. 34303.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. )

    Verify source ↗

    The director must set certain fees annually, keep them within stated cost limits, make the written findings available for inspection, and ensure the assessment-to-fee ratio stays 2 to 1.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. ) ## 34303. The director shall annually fix the fees in Section 34302 in an amount not to exceed the actual directly related costs for the supervision and checking required by Section 34301. These costs shall be determined annually from time records and audit procedures set forth in written findings. The written findings shall be available to interested persons for examination. The director may fix the rate of assessments or fees required by Section 34302 at lesser amounts and may adjust the rates of assessments or fees from time to time whenever he or she finds that the costs of administering this article can be defrayed from the revenues derived from lower rates. However, the rate of assessment deducted from the payments to producers for market milk, including the handler’s own production, and the rate of fees paid by handlers shall at all times be in the ratio of 2 to 1. The amount of the fee shall be paid to the director on or before the 45th day following the last day of the month in which the market milk was received. (Added by Stats. 1985, Ch. 627, Sec. 2.)
  165. 34304.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. )

    Verify source ↗

    Assessment or fee payments under this article must be paid to the director by the Section 34302 due date; if unpaid, the director may sue to collect and may add up to 10% to the unpaid amount.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 4. Testing, Weighing, Sampling, and Loading [34301 - 34304] ( Heading of Article 4 amended by Stats. 2019, Ch. 304, Sec. 5. ) ## 34304. Any assessment or fee payable pursuant to this article is a debt of the person by whom the assessment or fee is payable and is due and payable to the director upon the date set forth in Section 34302. If the person does not pay the assessment or fee by the required date, the director may file a complaint against the person in a court of competent jurisdiction for the collection of the assessment or fee. If any person does not pay to the director the assessments or fees provided in this article on or before the due date specified in Section 34302, the director may add to the unpaid assessments or fees an amount not exceeding 10 percent of the unpaid assessments or fees. (Added by Stats. 1985, Ch. 627, Sec. 2.)
  166. 34351.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 6. Fees [34351 - 34353] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Owners must pay fees to the department for glassware examined for compliance, and the director must set fees to recover the actual cost of examining specified testing equipment.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 6. Fees [34351 - 34353] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34351. Fees shall be paid by the owner to the department for glassware which is examined for compliance with the prescribed standards. The director shall establish fees to recover the actual cost of examining Babcock test bottles, Babcock pipettes, and lactometers. (Amended by Stats. 1977, Ch. 331.)
  167. 34352.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 6. Fees [34351 - 34353] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department must charge fees for examining glassware and apparatus used in testing, unless Section 34351 provides otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 6. Fees [34351 - 34353] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34352. Except as provided in Section 34351, the department shall charge fees for examining glassware and apparatus which is used in methods of testing which are sufficient to cover the actual cost of such examination. (Amended by Stats. 1971, Ch. 715.)
  168. 34353.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 6. Fees [34351 - 34353] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Money received under this article must be paid into the Department of Food and Agriculture Fund.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 9. Weighing, Measuring, Sampling, and Loading of Milk [34201 - 34353] ( Heading of Chapter 9 amended by Stats. 2019, Ch. 304, Sec. 4. ) ## ARTICLE 6. Fees [34351 - 34353] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34353. Any money which is received under this article shall be paid into the Department of Food and Agriculture Fund. (Amended by Stats. 1983, Ch. 101, Sec. 48.)
  169. 34501.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The article’s definitions control how this chapter is interpreted, unless the context requires otherwise.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34501. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  170. 34502.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    In this section, “Association” includes nonstock corporations.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34502. “Association” includes nonstock corporations. (Enacted by Stats. 1967, Ch. 15.)
  171. 34503.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A “single service container” is a container used only once and not refilled.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34503. “Single service container” means a container which is used only once and is not refilled. (Enacted by Stats. 1967, Ch. 15.)
  172. 34504.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “milk case” and says that “container” in this chapter includes a milk case.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34504. “Milk case” means a rigid, reusable container for packing and transporting or delivering cartons, bottles, jugs, or any other form of packaged milk or milk products. “Container,” as used in this chapter, includes a “milk case.” (Added by Stats. 1981, Ch. 620, Sec. 2.)
  173. 34505.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This chapter applies to all brands that have been registered with the department.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions and General Provisions [34501 - 34505] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34505. This chapter applies to all brands which have been registered with the department. (Added by renumbering Section 34504 by Stats. 1981, Ch. 620, Sec. 1.)
  174. 34531.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Some California milk-related businesses may register a brand with the department, and for milk cases they must file the required description and application.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34531. Any person or association located in California that is engaged in receiving, producing, manufacturing, packing, canning, bottling, handling, or selling milk or any product of milk in containers, cabinets, or other dairy equipment which is marked or otherwise identified with the name of the person or association or with any fictitious or other name or word or with any mark or device whatsoever, and any association or corporation, the members or directors of which are so engaged, may, and as to milk cases shall, file with the department a description of the name or word, mark, or device which is so used, and an application for registration of it as a brand. The application shall be accompanied by a fee of ten dollars ($10) for each separate brand. (Amended by Stats. 1981, Ch. 620, Sec. 3.)
  175. 34532.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Each brand must include either the words “Registered in California” or the abbreviation “Reg. Cal.”

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34532. There shall be included as a part of each brand the words, “Registered in California” or the abbreviation “Reg. Cal.” (Enacted by Stats. 1967, Ch. 15.)
  176. 34533.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The applicant must publish the description once a week for three consecutive weeks in a newspaper of general circulation in the locality of the applicant’s principal place of business.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34533. The applicant shall also cause such description to be printed once a week for three successive weeks in a newspaper of general circulation which is published in the locality in which the principal place of business of the applicant is situated. (Enacted by Stats. 1967, Ch. 15.)
  177. 34534.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The department may refuse to register a brand if a same or similar brand was already registered by someone else, unless the earlier registrant gives written consent.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34534. The department may refuse to register a brand if it appears that the same or a similar brand has been previously registered by another person or association unless the prior registrant gives his written consent to the subsequent registration. (Enacted by Stats. 1967, Ch. 15.)
  178. 34535.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If two or more applicants seek registration of the same or similar brand, the director may decide who has prior ownership after a hearing, and must refuse or cancel registration of a duplicate or similar brand once that ownership is determined.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34535. If it appears that two or more applicants have applied for the registration of the same or similar brands, the director may, after hearing, determine the right of prior ownership in such brand. When such right of prior ownership is determined, the director shall refuse to register, or shall cancel the registration of, any duplicate or similar brand. (Enacted by Stats. 1967, Ch. 15.)
  179. 34536.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A certificate of registration expires on June 30 of the fourth year after it is granted, and it may be renewed for four years by paying a $5 renewal fee.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34536. Any certificate of registration which is granted expires on the 30th day of June of the fourth year after it was granted and may be renewed for four years by payment of a renewal fee of five dollars ($5). The renewal shall be made on forms which are supplied by the director. (Amended by Stats. 1977, Ch. 475.)
  180. 34537.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a certificate is not renewed within 60 days after it expires, the certificate becomes null and void.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Brand Registration [34531 - 34537] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34537. If renewal of any certificate is not made within 60 days after the expiration of the certificate, such certificate becomes null and void. (Enacted by Stats. 1967, Ch. 15.)
  181. 34561.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who finds or receives certain branded dairy equipment must return it to the owner or agent, or if the owner cannot be found, notify the director in writing and describe the brand.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34561. Except as otherwise provided in this article, every person that finds or receives any container, cabinet, or other dairy equipment which is marked with a brand which is registered pursuant to this chapter shall, return it to the owner or his or her agent. If the finder is unable to locate the owner or his or her agent, he or she shall, notify the director in writing that he or she has in his or her possession the container, cabinet, or other dairy equipment and particularly describe in the notice the trademark or brand which is upon the container, cabinet, or other dairy equipment. (Amended by Stats. 1982, Ch. 1063, Sec. 1.)
  182. 34562.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who acquires certain branded dairy equipment with the registrant’s written consent must notify the department.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34562. Any person that acquires any container, cabinet, or other dairy equipment which is marked with a brand that is registered pursuant to this chapter, by purchase or by other lawful means, and that has the written consent of the registrant of such brand to use it on the particular container, cabinet, or other dairy equipment which is acquired, or to use such brand on containers generally, shall so notify the department. He shall not thereafter be required again to file and publish the description but shall acquire as a part of such purchase all such benefit as the vendor had under this code as to the particular containers, cabinets, or other dairy equipment so acquired or as to containers generally, dependent on the form of such written consent. (Enacted by Stats. 1967, Ch. 15.)
  183. 34563.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A purchaser of branded dairy equipment must submit proof of the purchase to the director.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34563. Any person that purchases any container, cabinet, or other dairy equipment which is marked with a brand registered pursuant to this chapter shall submit to the director a copy of the bill of sale or other documentary evidence which supports such purchase. (Enacted by Stats. 1967, Ch. 15.)
  184. 34564.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines who counts as an unauthorized person for branded dairy equipment and says certain possession, use, or brand removal acts are punishable.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34564. An “unauthorized person” with respect to possession of containers (including milk cases), cabinets, or other dairy equipment marked with a brand that is registered pursuant to this chapter includes any person in possession of this equipment except the following: (a) The brand registrant or owner. (b) A person in possession in compliance with the provisions of Sections 34561 or 34562. (c) A person who, with the consent of the brand registrant or any other authorized person, has temporary possession of branded containers (including milk cases) as a result of the purchase of milk or milk products packaged and transported in the containers. As to any containers (including milk cases), cabinets, or other dairy equipment marked with a brand registered pursuant to this chapter, the following acts are punishable under the provisions of Chapter 12.6 (commencing with Section 565) of Title 13 of Part 1 of the Penal Code: (a) Possession or use of the branded containers, cabinets, or other dairy equipment by an unauthorized person. (b) Obliteration of the registered brand on the containers, cabinets or other dairy equipment, except by the owner thereof or the brand registrant. (Repealed and added by Stats. 1982, Ch. 1063, Sec. 3.)
  185. 34565.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A deposit taken for the safekeeping and return of marked or branded dairy equipment is not treated as a sale.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34565. If the owner of any container, cabinet, or other dairy equipment which is marked or branded, or any other person that is lawfully entitled to use the container, cabinet, or other dairy equipment, requires a deposit for security for its safekeeping and return, it does not constitute a sale, optional or otherwise, of the container, cabinet, or other dairy equipment. (Enacted by Stats. 1967, Ch. 15.)
  186. 34568.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A distributor holding a milk case registered to another distributor must notify the registered owner and make the case available for pickup after the relevant case deposit is paid.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Branded Containers [34561 - 34568] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 34568. Any distributor in possession of a milk case having another distributor’s registration shall notify the registered owner, and make the case available to the registered owner for pickup, upon receipt of payment for any case deposit which the distributor in possession may have paid for the case. (Added by Stats. 1981, Ch. 620, Sec. 4.)
  187. 34591.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Selling certain milk products to retail trade is unlawful unless they are packaged in the specified container types and conditions.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 34591. Except as otherwise provided in this article, it is unlawful for any person to sell or otherwise dispose of any market milk, skim milk, flavored milk, flavored dairy drink, buttermilk, or cultured buttermilk to the retail trade, unless the product is contained in a standard milk bottle or in a single service container which has been mechanically filled and capped or sealed in a milkroom which is properly designed and equipped as approved by the director. The pouring lip of standard milk bottles used to package market milk and milk products sold at retail shall be covered at the time of capping or closure to at least its largest diameter by the cap or cover. A single service container shall meet the specifications of the United States Public Health Service Grade A Pasteurized Milk Ordinance Recommendations. (Amended by Stats. 1989, Ch. 203, Sec. 1.)
  188. 34592.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain public-serving venues must serve market milk only in an individual bottle or container filled and sealed in an approved milk room, and the seal may only be removed in front of the consumer or patron.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 34592. Market milk which is served by any school, hospital, hotel, boardinghouse, restaurant, soda fountain, lunch counter, or other places where food or drink is served to the public, shall be served in the individual service bottle or container which has been filled and capped or sealed in a milk room, properly designed and equipped as approved by the director, the cap or seal of which shall not be removed except in the presence of the consumer or patron. This section does not: (a) Apply to market cream or half-and-half. (b) Prohibit the serving of homogenized market milk from a milk dispensing device which has been approved for such use by the director pursuant to Section 34594. (c) Apply to any private boarding school which is licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code which is also a private full-time day school within the meaning of Section 48222 of the Education Code. (d) Apply to any fraternity, sorority, dormitory or eating club, the existence of which is authorized or approved by the board of trustees or other governing agency of a college or university. (e) Apply to any children’s center, day care program, or preschool program, as such terms are used in Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code. (Amended by Stats. 1979, Ch. 373.)
  189. 34593.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk used for milk shakes or similar drinks must be dispensed from standard milk bottles or sealed/capped single-service containers filled in a milk products plant, with a stated exception for certain approved dispensing devices.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 34593. Market milk or the fluid derivative of market milk which is used in the preparation of milk shakes or other mixed milk drinks shall be dispensed or poured from standard milk bottles or single service containers which have been filled and sealed or capped in a milk products plant. This section does not prohibit the use of homogenized market milk or flavored dairy drinks drawn from a milk dispensing device that is approved pursuant to Section 34594 in the preparation of milk shakes or other mixed milk drinks. (Amended by Stats. 1968, Ch. 610.)
  190. 34594.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Homogenized market milk may be sold and served using a milk-dispensing device only if the device has been approved by the director, and it must be installed and located in a way acceptable to the local health authority.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 34594. Homogenized market milk may be sold and served from and by the use of a milk-dispensing device which has been approved for such use by the director. Any such milk-dispensing device shall be installed and located in a place and manner which are acceptable to the local health authority. (Enacted by Stats. 1967, Ch. 15.)
  191. 34595.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Homogenized market milk served from a director-approved milk-dispensing device must be poured directly into the customer’s drinking container and served in at least eight ounces, unless it is a smaller serving with children’s or junior meals sold in a restaurant.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 34595. Homogenized market milk, which is served from a milk-dispensing device that has been approved for that use by the director, shall be dispensed directly from the dispensing device into the glass or other container from which the customer drinks the milk. It shall be served in minimum quantities of eight ounces in each such glass or container, except that individual servings of less than eight ounces may be served with children’s or junior meals which are sold in a restaurant, as defined in Section 28522 of the Health and Safety Code. (Amended by Stats. 1981, Ch. 72, Sec. 1.)
  192. 34596.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A milk-dispensing device, when gifted, sold, loaned, or furnished in any manner, is subject to specified articles elsewhere in the code.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Containers for Particular Products [34591 - 34596] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 34596. The gift, sale, loan, or furnishing in any manner of any milk-dispensing device is subject to Article 4 (commencing with Section 61371) of Chapter 1 of, and Article 9 (commencing with Section 6204l) of Chapter 2 of, Part 3, Division 20 of this code. (Enacted by Stats. 1967, Ch. 15.)
  193. 34621.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain public food-service places that sell dairy products for on-premises consumption must rinse and drain returned containers after emptying them, unless the container is glass.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34621. Every restaurant, school, hospital, soda fountain, or other place where food or drink is served to the public, which sells milk, cream, ice cream, ice milk, buttermilk, or any combination of them for consumption on the premises, upon emptying any container of such a product, which container is to be returned to the milk distributor or manufacturer, shall rinse and drain the container, unless it is a glass container. (Enacted by Stats. 1967, Ch. 15.)
  194. 34622.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Containers of milk, cream, or related milk products that are returned to a retailer or distributor must be rinsed and drained before return.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34622. Every container of milk, cream, or any product of milk or cream which is delivered to the consumer by any retailer or distributor and which is to be returned to such retailer or distributor shall be rinsed and drained before it is returned. (Enacted by Stats. 1967, Ch. 15.)
  195. 34623.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk containers must be sound, smooth, free of rust or open seams, and kept so they can be thoroughly cleaned; single-service containers are excepted.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34623. Every container, except a single service container, of any kind in which milk or any product of milk is kept, stored, transported, or delivered, shall be sound, smooth, free from rust or open seams, and at all times kept in a condition which shall permit thorough cleansing of all surfaces with which the milk or its products come in contact. (Enacted by Stats. 1967, Ch. 15.)
  196. 34624.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Containers commonly used or intended for milk, cream, or milk-product handling must be used only for milk and milk products.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34624. Any container, including any ice cream cabinet, which is commonly used or intended for the reception, storage, or delivery of milk, cream, or any product of milk or cream shall be used exclusively for the storage and use of milk and milk products. It shall not be used for any other purpose. (Enacted by Stats. 1967, Ch. 15.)
  197. 34625.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Empty containers delivered for milk or milk products must be kept clean, sanitary, and sterile, and they may not be used for any other purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34625. Any empty container which is delivered to any producer, manufacturer, retailer, or distributor for the reception of milk or any product of milk shall be kept in a clean, sanitary, and sterile condition. It shall not be used for any other purpose. (Enacted by Stats. 1967, Ch. 15.)
  198. 34626.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Receptacles used for certain milk products must be washed and sterilized on the premises where they are filled, in a separate room set up for that purpose.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34626. Every receptacle, except a single service container, which is used to contain market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to the retail trade, shall be properly washed and sterilized on the premises where it is filled, in a separate room which is designed and equipped for such washing and sterilizing. (Enacted by Stats. 1967, Ch. 15.)
  199. 34627.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A single service container must be made and kept sanitary, and kept free from contamination until it is filled with specified milk products.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34627. A single service container shall be made of sanitary material, in a sanitary manner, and shall be kept in a sanitary condition free from contamination until it is actually filled with milk, skim milk, buttermilk, or cultured buttermilk. (Enacted by Stats. 1967, Ch. 15.)
  200. 34628.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk products for retail trade may not be transferred from one receptacle to another on highways, streets, sidewalks, vehicles, or anywhere except specified milk rooms or places where the product is served on the premises.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sanitation [34621 - 34628] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 34628. Market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to the retail trade shall not be transferred from one receptacle to another upon any highway, any street or sidewalk, or upon any vehicle or in any place except a milk room as specified in Section 34591 or in a place where such product is served for consumption on the premises. (Enacted by Stats. 1967, Ch. 15.)

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