Food and Agricultural Code — Part 15 | FAC — United States — California law | Esheria

Food and Agricultural Code

Part 15 of 48 · provisions 2,801–3,000

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

Showing 200 of 9,557

  1. 34651.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    A person may not use “Registered in California” or “Reg. Cal.” on containers, cabinets, or other equipment unless the brand on the item is registered 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 10. Containers [34501 - 34681] ( Chapter 10 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34651. It is unlawful for any person to use the words “Registered in California” or the abbreviation “Reg. Cal.” on any container, cabinet, or other equipment unless the brand which appears upon it is registered pursuant to this chapter. (Enacted by Stats. 1967, Ch. 15.)
  2. 34652.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    A person may not use or fill certain branded dairy containers or equipment with milk or milk products without the written consent described in Section 34562, except for the brand registrant and members of that registrant’s association.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34652. It is unlawful for any person without the written consent which is provided for in Section 34562, except the registrant of the brand and the members of any association which is the registrant, to use or fill with milk or any product of milk, any container, cabinet, or other dairy equipment, which is marked or distinguished with a brand, of which a description has been filed and published. (Enacted by Stats. 1967, Ch. 15.)
  3. 34653.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    It is unlawful for any person to erase, obliterate, cover up, or conceal a brand without first notifying the director and getting approval, and to sell, buy, give, take, or otherwise traffic in certain containers, cabinets, or other dairy equipment except as allowed by Section 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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34653. It is unlawful for any person to do any of the following: (a) Erase, obliterate, cover up, or conceal any brand without first notifying the director and receiving his approval. (b) Sell, buy, give, take, or otherwise traffic in such containers, cabinets, or other dairy equipment, except as provided in Section 34562. (Enacted by Stats. 1967, Ch. 15.)
  4. 34654.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    Certain carriers may not transport marked empty milk-related containers or equipment unless they carry a bill of lading or invoice with specific shipment details.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34654. It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting milk, cream, and containers of milk and cream to and from dairy farms, to receive or transport any empty container, cabinet, or other equipment which is marked with a brand registered pursuant to this chapter unless such carrier has in its possession a bill of lading or invoice which shows all of the following: (a) The name and address of the consignor. (b) The name and address of the consignee. (c) The number of containers, cabinets, or other equipment and the brand which appears upon them. (Enacted by Stats. 1967, Ch. 15.)
  5. 34655.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    A consignee must not accept or receive empty containers, cabinets, or other equipment that the consignee is not authorized to use.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 6. Violations [34651 - 34655] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 34655. A consignee shall not accept or receive any empty container, cabinet, or other equipment which he is not authorized to use. Nothing herein shall be construed to derogate from any powers or authority of the Public Utilities Commission of this state. (Enacted by Stats. 1967, Ch. 15.)
  6. 34681.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 7. Condemnation [34681- 34681.] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Containers used in violation of the code must be condemned, marked “condemned,” and not reused for milk handling until cleaned or repaired to the director’s satisfaction.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [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 7. Condemnation [34681- 34681.] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 34681. Any container which is found to have been used in violation of the requirements of this code shall be condemned and marked with the word “condemned” in any appropriate manner. Such a container shall not be used again in connection with the handling of milk or any product of milk for human consumption, until it has been cleaned or repaired in a manner which is acceptable to the director. (Enacted by Stats. 1967, Ch. 15.)
  7. 34801.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. )

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    Milk carriers must keep the conveyances they use for transporting milk and cream 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 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. ) ## 34801. Every carrier of milk, cream, or any product of milk, whether a producer, gratuitous private carrier, private carrier for hire, or common carrier, shall maintain every conveyance which it uses in transporting milk and cream in a clean and sanitary condition. (Enacted by Stats. 1967, Ch. 15.)
  8. 34802.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. )

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    Conveyances transporting milk or cream, and places holding related empty containers for shipment, must be enclosed, covered, or otherwise protected from sun, weather, and 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 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. ) ## 34802. Every conveyance, while transporting milk or cream or any clean empty container which is intended for milk or cream, and any shipping platform or premises where any such container is held while waiting shipment, shall either be enclosed or provided with a canvas covering or otherwise afforded protection from the direct rays of the sun, from warm air, dust, mud, rain, and other sources of contamination. (Enacted by Stats. 1967, Ch. 15.)
  9. 34803.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. )

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    Milk, cream, and related containers must not be transported where they could absorb foreign flavor or contamination, and they must not be hauled with manure, garbage, or other unclean loads.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. ) ## 34803. Milk, cream, or any product of milk or cream shall not be transported in connection with, or close to, any other commodity from which it may absorb any foreign flavor or which may contaminate it. Milk, cream, or any empty container which is used for milk or cream shall not be hauled in any vehicle which is used for hauling manure or garbage or in any other unclean conveyance. (Enacted by Stats. 1967, Ch. 15.)
  10. 34804.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. )

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    Milk or cream cans and other shipping containers for milk products must be handled carefully and kept upright while they still contain milk, cream, or other 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 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. ) ## 34804. Every milk or cream can or other shipping container for any product of milk shall be handled carefully and, while it contains milk, cream, or other product of milk, shall be kept right end up. (Enacted by Stats. 1967, Ch. 15.)
  11. 34805.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. )

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    This section says it does not limit the California Public Utilities Commission’s powers or 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 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. ) ## 34805. Nothing herein shall be construed to derogate from any powers or authority of the Public Utilities Commission of the state. (Enacted by Stats. 1967. Ch. 15.)
  12. 34806.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. )

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    Milk carriers must not receive or transport milk products after notice that they are unfit or illegally produced, unless Section 32764 allows 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 11. Transportation [34801 - 34806] ( Chapter 11 enacted by Stats. 1967, Ch. 15. ) ## 34806. A carrier of milk, cream, or any product of milk, whether a gratuitous private carrier, private carrier for hire, or common carrier, shall not receive or transport any milk, cream, or product of milk after notification by the director or an approved milk inspection service that such product is unclean, polluted, tainted, unwholesome, stale, impure, or adulterated, or has been produced in violation of any provision of this code, except as provided for in Section 32764. (Enacted by Stats. 1967, Ch. 15.)
  13. 34951.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [34951 - 34952] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    The definitions in this article 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [34951 - 34952] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34951. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1967, Ch. 15.)
  14. 34952.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [34951 - 34952] ( Article 1 enacted by Stats. 1967, Ch. 15. )

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    This section defines “milk products plant license” as a license issued by the director under Section 35015 for 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Definitions [34951 - 34952] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 34952. “Milk products plant license” means a license which is issued by the director pursuant to Section 35015 for a milk products plant. (Amended by Stats. 1983, Ch. 423, Sec. 5.)
  15. 34981.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [34981- 34981.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    A license issued under this chapter must be kept conspicuously displayed at the licensee’s place of business while it is valid.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. General Provisions [34981- 34981.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 34981. Every license which is issued pursuant to this chapter, while in force, shall be kept conspicuously displayed in the place of business of the party to whom it has been issued. (Enacted by Stats. 1967, Ch. 15.)
  16. 35.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

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    This section defines “Secretary” as the Secretary of Food and Agriculture.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 35. “Secretary” means the Secretary of Food and Agriculture. (Amended by Stats. 1993, Ch. 42, Sec. 1. Effective January 1, 1994.)
  17. 35011.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A person may not operate certain milk-products businesses unless licensed by the director for each separate plant or 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35011. A person shall not engage in any of the following businesses unless he has obtained a license from the director for each separate milk products plant or place of business: (a) Dealing in, receiving, manufacturing, freezing, or processing milk, or any product of milk. (b) Manufacturing, freezing, or processing imitation ice cream or imitation ice milk. (Enacted by Stats. 1967, Ch. 15.)
  18. 35012.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    A milk products plant license application must be filed on a form prescribed by the director and include specified applicant and plant information.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35012. An application for a milk products plant license shall be made on a form which is prescribed by the director. It shall state all of the following: (a) The name and address of the applicant. (b) The address of the milk products plant. (c) Such other information as to the nature of the applicant’s business as the director may require. (Enacted by Stats. 1967, Ch. 15.)
  19. 35013.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Each application must include a fee set for that license under Section 35221.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35013. Each application shall be accompanied by a fee in an amount which is established for the particular license by Section 35221. (Amended by Stats. 2004, Ch. 460, Sec. 11. Effective January 1, 2005.)
  20. 35014.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    When an application for a milk products plant license is received, the director must investigate the plant’s equipment and sanitary condition.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35014. Upon receipt of an application for a milk products plant license, the director shall investigate the equipment and the sanitary condition of the milk products plant for which the application for a license has been made. (Enacted by Stats. 1967, Ch. 15.)
  21. 35015.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    If a milk products plant is found satisfactory, the director must issue a milk products plant license to the applicant.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35015. If the condition of the milk products plant is found to be satisfactory, a milk products plant license shall be issued by the director to the applicant. (Enacted by Stats. 1967, Ch. 15.)
  22. 35016.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Certain food-related facilities that make milk products must get a milk products plant license, while facilities making hard frozen or semifrozen dairy or nondairy desserts may qualify for a limited frozen manufacturing permit with specific 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35016. (a) Except as provided in subdivision (b), any hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures a product of milk for the use of, or purchase by, any patron, guest, patient, or employee shall obtain a milk products plant license. (b) (1) A hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures hard frozen or semifrozen dairy products, or hard frozen or semifrozen nondairy desserts, for the use of, or purchase by, any patron, guest, patient, or employee shall obtain a limited frozen manufacturing permit from the secretary. (2) The permit may be issued only after the secretary determines that the facility is suitable for manufacturing those products. (3) A permit issued pursuant to this subdivision may be renewed annually, if the facility is found by the secretary, based on an onsite evaluation, to be in compliance with the conditions specified in subdivision (c). (c) A hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency issued a limited frozen manufacturing permit pursuant to this section shall meet all of the following standards: (1) The hard frozen and semifrozen products manufactured shall only be sold directly to purchasers on the premises of the permitted facility for the purpose of consumption. A hard frozen or semifrozen product manufactured pursuant to the limited frozen manufacturing permit shall not be sold for wholesale or resale. (2) All dairy ingredients used in the manufacture of hard frozen and semifrozen products shall have been prepasteurized at a licensed milk products plant. The receiving, processing, use, or handling of raw dairy ingredients is not permitted in a facility issued a limited frozen manufacturing permit. (3) Adequate facilities, consistent with recognized good manufacturing practices for the manufacture of hard frozen and semifrozen dairy products, as determined by the secretary, shall be provided as a condition of the limited frozen manufacturing permit. The facilities shall include, but not be limited to, adequate utensil and container washing, sanitization and storage, and sufficient sanitary work areas, including handwashing facilities, dedicated to the manufacture of hard frozen and semifrozen dairy products or hard frozen and semifrozen nondairy desserts. Sanitation standards consistent with good manufacturing and handling practices for retail food establishments in conformance with Part 117 (commencing with Section 117.1) of Title 21 of the Code of Federal Regulations shall be utilized by the secretary as a condition for issuance and renewal of the limited frozen manufacturing permit. (4) The hotel, restaurant, boardinghouse, hospital, or other concern or agency shall not manufacture more than 7,500 gallons of hard frozen or semifrozen dairy products and hard frozen and semifrozen nondairy desserts during any year. Records documenting the volume of production of these hard frozen and semifrozen products manufactured during the preceding 12-month period shall be maintained at a facility issued a limited frozen manufacturing permit and shall be available for inspection by the secretary. (5) Hard frozen dairy products or nondairy frozen desserts manufactured at a facility issued a limited frozen manufacturing permit may be packaged exclusively for sale on the premises to patrons and guests. Packaging of frozen or semifrozen products for purposes of wholesale, resale, or for sale off the premises of the facility is prohibited. All packaged products shall be labeled with the manufacturer’s name, address, and limited frozen manufacturing permit number and comply with all applicable food labeling provisions of state and federal law. (Amended by Stats. 2018, Ch. 92, Sec. 76. (SB 1289) Effective January 1, 2019.)
  23. 35017.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This article does not apply to certain private homes, retailers of finished products, and producers whose sales are limited to specified wholesale or raw-milk activities.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35017. This article does not apply to any of the following: (a) Any private home that is manufacturing for its own use. (b) Any retailer that is dealing in finished products which are received from a distributor or producer in final form. (c) Any producer that is selling milk and cream exclusively at wholesale for manufacturing, freezing, or processing milk and milk products. (d) Any producer whose business consists exclusively of producing and distributing raw market milk produced by such producer. (Enacted by Stats. 1967, Ch. 15.)
  24. 35018.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A milk products plant license expires at the end of each calendar year, but stays in force during January of the next year as needed for renewal 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35018. Every milk products plant license expires at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year or such part of the month as may be necessary for the renewal of such license by the director. (Enacted by Stats. 1967, Ch. 15.)
  25. 35019.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A license may be renewed each year if the plant and its business complied with the division during the previous year, and the correct renewal fee must be sent with the renewal 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Licensing of Milk Products Plants and Other Places of Business [35011 - 35019] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35019. Any license may be renewed each successive year, if the plant for which a previous license was issued and the business of such plant has been conducted in accordance with the requirements of this division during the year next preceeding that for which the renewal is requested. The correct amount of the fee for the renewal of the license shall be forwarded with the application for renewal. (Enacted by Stats. 1967, Ch. 15.)
  26. 35041.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Diabetic and Dietetic Frozen Milk Products Licenses [35041 - 35042] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not manufacture diabetic or dietetic frozen milk products or mix unless they also hold the required license from 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Diabetic and Dietetic Frozen Milk Products Licenses [35041 - 35042] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 35041. A person shall not engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix unless, in addition to a milk products license, such person has obtained and holds a diabetic or dietetic frozen milk products license from the director. (Enacted by Stats. 1967, Ch. 15.)
  27. 35042.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Diabetic and Dietetic Frozen Milk Products Licenses [35041 - 35042] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    License applications for manufacturing diabetic or dietetic frozen milk products must include a statement describing how the product is made.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Diabetic and Dietetic Frozen Milk Products Licenses [35041 - 35042] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 35042. Each application for a license to engage in the business of manufacturing any diabetic or dietetic frozen milk product or mix shall be accompanied by a statement which describes the method and manner by which the product is made. (Enacted by Stats. 1967, Ch. 15.)
  28. 35101.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Oleomargarine and Imitation Ice Cream Licenses [35101 - 35103] ( Heading of Article 6 amended by Stats. 1968, Ch. 1250. )

    Verify source ↗

    A person must not manufacture, freeze, or process certain margarine, butter-substitute, or imitation ice cream products without a license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Oleomargarine and Imitation Ice Cream Licenses [35101 - 35103] ( Heading of Article 6 amended by Stats. 1968, Ch. 1250. ) ## 35101. It is unlawful for any person, unless he has a license to do so, to engage in the business of manufacturing, freezing, or processing any of the following: (a) Oleomargarine, or margarine, colored oleomargarine or colored margarine, renovated butter, or a substitute for butter. (b) Imitation ice cream or imitation ice milk. (Amended by Stats. 1980, Ch. 790.)
  29. 35102.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Oleomargarine and Imitation Ice Cream Licenses [35101 - 35103] ( Heading of Article 6 amended by Stats. 1968, Ch. 1250. )

    Verify source ↗

    A person must apply each year to the director for a required license, pay the license fee, and get separate licenses for each business or occupation covered.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Oleomargarine and Imitation Ice Cream Licenses [35101 - 35103] ( Heading of Article 6 amended by Stats. 1968, Ch. 1250. ) ## 35102. A person shall first apply each year to the director for a license to engage in any business or occupation for which a license is required by Section 35101. Upon payment of the license fee which is prescribed in Section 35226, the director shall issue a license to engage in the business for which the license is issued. Separate licenses are required for each such business or occupation. (Enacted by Stats. 1967, Ch. 15.)
  30. 35103.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Oleomargarine and Imitation Ice Cream Licenses [35101 - 35103] ( Heading of Article 6 amended by Stats. 1968, Ch. 1250. )

    Verify source ↗

    A license issued under Section 35102 expires on June 30 each year and may be issued for one-year periods.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Oleomargarine and Imitation Ice Cream Licenses [35101 - 35103] ( Heading of Article 6 amended by Stats. 1968, Ch. 1250. ) ## 35103. Every license which is issued pursuant to Section 35102 expires on June 30th of each year, and may be issued in periods of one year. (Enacted by Stats. 1967, Ch. 15.)
  31. 35131.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not cut and wrap butter unless they also have a butter cutting and wrapping permit, in addition to a milk products plant license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35131. A person shall not engage in the business of cutting and wrapping butter unless such person, in addition to the milk products plant license, has a butter cutting and wrapping permit. (Enacted by Stats. 1967, Ch. 15.)
  32. 35132.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who distribute packaged butter received directly from out-of-state points must get a butter distributor’s permit from the director for each plant or business location.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35132. Every person that distributes butter which is received in packaged form direct from out-of-state points shall obtain a butter distributor’s permit from the director for each plant or place of business. (Enacted by Stats. 1967, Ch. 15.)
  33. 35133.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter cutting and wrapping permits and butter distributor’s permits expire at the end of each calendar year, and they may be renewed for the next year if the plant and business were operated in compliance with the division during the prior 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35133. Every butter cutting and wrapping permit and butter distributor’s permit expires at the end of each calendar year. A permit may be renewed each successive year, if the plant for which the previous permit was issued and the business has been conducted in accordance with the requirements of this division during the year next preceding that for which renewal is requested. (Enacted by Stats. 1967, Ch. 15.)
  34. 35134.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People in charge of certain butter handling activities, and supervisors responsible for grading butter, must obtain and hold a butter grader’s license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35134. Every person who is in charge of cutting, wrapping, packaging, or distributing butter, or any supervisor of any such person who is responsible for the grading of butter, shall obtain and hold a butter grader’s license. (Enacted by Stats. 1967, Ch. 15.)
  35. 35135.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person applying for a butter grader’s license must file the application with the director and include the license fee, and the director must examine each applicant’s qualifications and knowledge.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35135. Application for such license shall be made to the director who shall examine each applicant as to his qualifications and knowledge of butter grades and of the law applicable to him. The fee for a butter grader’s license shall accompany the application. (Enacted by Stats. 1967, Ch. 15.)
  36. 35136.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A butter grader’s license expires on December 31 and may be renewed by paying the 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35136. Every butter grader’s license expires on the 31st day of December. It may be renewed by payment of the renewal fee for a butter grader’s license. (Enacted by Stats. 1967, Ch. 15.)
  37. 35137.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The article’s licensing provisions also apply to butter received in package form from out-of-state points.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Butter Permits and Licenses [35131 - 35137] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35137. The licensing provisions of this article also apply to butter which is received in package form from out-of-state points. (Enacted by Stats. 1967, Ch. 15.)
  38. 35161.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who test certain milk or cream products must hold a tester’s license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35161. Every person who tests milk, cream, or any fluid derivative of milk or cream, which is purchased, received, or sold on the basis of milk fat which is contained in it, shall hold a tester’s license. (Enacted by Stats. 1967, Ch. 15.)
  39. 35162.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must approve methods or processes of testing, and each testing method or process needs its own separate license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35162. Methods or processes of testing shall be approved by the director. A separate license is required for each of the methods or processes of testing. (Enacted by Stats. 1967, Ch. 15.)
  40. 35163.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who sample, weigh, or measure milk, cream, or fluid milk derivatives for payment-related purposes must hold a sampler’s and weigher’s license, unless they are licensed testers for the sampling activity.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35163. Every person, except a licensed tester, who takes any sample of milk, cream, or any fluid derivative of milk or cream, which is purchased, received, or sold on the basis of milk fat which is contained in it, on which sample tests are to be made as a basis of payment, and every person who weighs or measures milk, cream, or any fluid derivative of milk or cream, shall hold a sampler’s and weigher’s license if the weight or measure is to be used as the basis of payment. (Enacted by Stats. 1967, Ch. 15.)
  41. 35164.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

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

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35164. If one person does both sampling and weighing or measuring, only one license is required. (Enacted by Stats. 1967, Ch. 15.)
  42. 35166.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who takes a milk, cream, or fluid-derivative sample for testing must keep it unchanged until it is delivered to a licensed tester.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35166. Any person who takes any sample of milk, cream, or any fluid derivative of milk or cream for testing shall hold the sample in an unchanged condition until it is delivered to a licensed tester. (Enacted by Stats. 1967, Ch. 15.)
  43. 35167.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who makes a bacteriological determination of milk or cream for payment or valuation purposes must hold a technician’s license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35167. Every person who makes any bacteriological determination of milk or cream which is to be used as a basis of payment or determining value shall hold a technician’s license. (Enacted by Stats. 1967, Ch. 15.)
  44. 35168.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who operate equipment used to pasteurize milk or milk products must hold a pasteurizer’s license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35168. Every person who operates any equipment wherein milk or any product of milk is pasteurized shall hold a pasteurizer’s license. The pasteurizer’s licenses shall be known as general and limited licenses. The general license shall apply to pasteurization by all of the approved methods or processes of pasteurization, and the limited license shall apply only to the pasteurization by the process or method known as the holding or vat method. (Enacted by Stats. 1967, Ch. 15.)
  45. 35169.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Anyone who tests milk or cream sold or handled based on nonfat milk solids must hold a nonfat milk solids tester’s license.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35169. Every person who tests any milk or cream purchased, received, or sold on the basis of the nonfat milk solids contained in it shall hold a nonfat milk solids tester’s license. (Enacted by Stats. 1967, Ch. 15.)
  46. 35170.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People applying for certain milk-industry licenses must submit the application to the director, and include the required fee; the director must examine each applicant’s qualifications and legal knowledge.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35170. An application for a tester's, sampler’s and weigher's, technician's, pasteurizer's, or nonfat milk solids tester’s license shall be made to the director. The director shall examine each applicant for the license that is applied for as to the applicant’s qualifications and knowledge of the law applicable to him. Each application shall be accompanied by the fee which is prescribed for the license by Section 35231. (Enacted by Stats. 1967, Ch. 15.)
  47. 35171.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Licenses issued under this article expire after two years, and renewal fees must be received within 90 days of expiration. Certain licensees must also complete a refresher course and proficiency evaluation before expiration to renew.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Licensing of Testers, Samplers and Weighers, Technicians, and Pasteurizers [35161 - 35171] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35171. Every license that is issued pursuant to Article 7 (commencing with Section 35131) and this article expires two years from the date of issue. License renewal fees must be received within 90 days of the license expiration date for renewals to be issued. Each licensee required to be licensed pursuant to Section 35163 must, within six months prior to the expiration of the license, successfully complete a refresher course and proficiency evaluation acceptable to the secretary. Licenses may then be renewed for two-year periods upon payment of the fee which is prescribed by Section 35231. (Amended by Stats. 2004, Ch. 457, Sec. 1. Effective January 1, 2005.)
  48. 35191.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Manufacturers or importers of certain butter- or milk-like products must keep a record of sales or purchases and shipment details.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 35191. Every person that manufactures or imports any oleomargarine or margarine, or any substance designed as a substitute for butter, or that resembles butter, which is not made wholly from pure milk or cream, or any product resembling a milk product, shall keep a record, which gives the quantity that is sold or purchased, the name and location of the seller and purchaser, the date, and the place to which it was shipped or delivered. (Amended by Stats. 1968, Ch. 1250.)
  49. 35193.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Required records must be open to inspection during business hours, and failing to keep them or allow inspection is a misdemeanor.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 35193. All records which are required to be kept by Sections 35191 and 35192 shall, at all times during business hours, be open to the inspection of the director, any officer of any city or county board of health, and any peace officer of any city or county of the state. A failure to keep any of the records which are required to be kept or a failure to permit any authorized inspection of such records is a misdemeanor. (Enacted by Stats. 1967, Ch. 15.)
  50. 35195.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Manufacturers of oleomargarine must file a monthly report with the director showing how much oleomargarine they sold or distributed.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 35195. Every manufacturer of oleomargarine shall submit to the director at the end of each month a report of the amount of oleomargarine which such person sold or distributed. (Enacted by Stats. 1967, Ch. 15.)
  51. 35196.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Permit holders must file a butter production/distribution statement with the director by the fifth day of certain fee-due 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Reports and Records [35191 - 35196] ( Article 9 enacted by Stats. 1967, Ch. 15. ) ## 35196. Every person that holds a butter cutting and wrapping permit or a butter distributor’s permit shall, on or before the fifth day of those months in which a fee is due pursuant to Section 35227 or 35228, file with the director a statement which shows the exact number of pounds of butter cut, wrapped, packaged, or distributed by such person during the preceding three months. (Enacted by Stats. 1967, Ch. 15.)
  52. 35221.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section sets license and permit fees for certain milk and frozen dairy businesses, and allows the secretary to raise the fees by up to 3% per year within cost 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 35221. (a) Every person that is engaged in the business of dealing in, receiving, manufacturing, freezing, or processing ice cream, ice milk, sherbet, or any similar frozen product, of manufacturing, freezing, or processing imitation ice cream, imitation ice milk, or any similar frozen product, or of processing any other dairy product for which a license is required, shall pay the following fees: (1) For a license for all frozen milk products and all imitation frozen milk products, one hundred dollars ($100) for the calendar year for which the license is issued. The fee for the renewal of this license is one hundred dollars ($100), plus one dollar ($1) for each additional 10,000 gallons or fraction of 10,000 gallons over and above 20,000 gallons that were manufactured during the preceding year, ending December 31. (2) For a semifrozen (soft-serve) milk products plant license issued to persons making application under Section 33704, three hundred twenty-five dollars ($325) for the calendar year for which the semifrozen (soft-serve) milk products plant license is issued. The fee for the renewal of this license is three hundred twenty-five dollars ($325). (3) For a limited frozen manufacturing permit issued to a hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency pursuant to Section 35016, six hundred dollars ($600) for the initial permit. The fee for the annual renewal of this permit shall be six hundred dollars ($600). (4) For a person, except a hospital or sanitarium, that is engaged in the business of manufacturing any diabetic or dietetic frozen milk product or mix, one hundred dollars ($100) for the calendar year for which a diabetic or dietetic frozen milk products license is issued. The fee for the renewal of this license is one hundred dollars ($100). (5) For any other product for which a license is required, one hundred dollars ($100) for the calendar year for which the license is issued. The fee for the renewal of this license is one hundred dollars ($100), plus one dollar ($1) for each additional 10,000 pounds or fraction of 10,000 pounds over and above the first 100,000 pounds of milk fat that was purchased or received during the preceding year, ending December 31. (b) The license and permit fees required by this section shall be prorated on a quarterly basis for any licensee or permittee that commences operations after the first quarter in any calendar year, regardless of whether or not the milk products plant was licensed or permitted during the preceding calendar year. (c) Notwithstanding the license and permit fees specified in this section, the secretary may increase the fees by an amount no more than 3 percent per annum, not to exceed the reasonable costs of services provided. (Amended by Stats. 2018, Ch. 92, Sec. 77. (SB 1289) Effective January 1, 2019.)
  53. 35225.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The special fee for certain modified milk licenses is $100.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 35225. The special fee for a modified milk license, modified UHT milk license, or modified UHT cream license is one hundred dollars ($100). (Amended by Stats. 1987, Ch. 646, Sec. 6. Effective September 15, 1987.)
  54. 35226.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The license fee for manufacturers or processors within this state is $100 annually.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 35226. The fee for issuing the license required by Section 35101 for any manufacturer or processor within this state is one hundred dollars ($100) annually. (Amended by Stats. 1971, Ch. 715.)
  55. 35227.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter permittees must pay a fee based on pounds cut and wrapped, and pay it to the director on a quarterly schedule.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 35227. Every permittee that is engaging in the business of cutting and wrapping butter shall pay a fee of one dollar ($1), plus twenty cents ($0.20) for each 1,000 pounds, or part of 1,000 pounds, over and above the first 5,000 pounds of butter which such person cut and wrapped during each of the three-month periods ending February 28th, May 31st, August 31st, and November 30th. Such fees shall be paid to the director during the first week of March, June, September, and December, respectively. (Enacted by Stats. 1967, Ch. 15.)
  56. 35228.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter distributors with a permit must pay a fee based on butter volume distributed, and pay it to the director on a quarterly schedule.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 35228. Every person that has a permit to engage in the business of distributing butter shall pay a fee of one dollar ($1), plus twenty cents ($0.20) for each 1,000 pounds, or part of 1,000 pounds, over and above the first 5,000 pounds of butter which such person distributed during each of the three-month periods ending February 28th, May 31st, August 31st, and November 30th. Such fees shall be paid to the director during the first week of March, June, September, and December, respectively. (Enacted by Stats. 1967, Ch. 15.)
  57. 35229.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The fees required by Sections 35227 and 35228 do not apply to certain butter cut and wrapped in this 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 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 35229. The fees which are required by Sections 35227 and 35228 do not apply to United States government owned butter which is cut and wrapped in this state or to butter which is cut and wrapped in this state for export to points outside the continental United States. (Enacted by Stats. 1967, Ch. 15.)
  58. 35231.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section sets the initial and renewal fees for several milk-industry licenses.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Fees [35221 - 35231] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 35231. The initial and renewal fees for a tester’s, sampler’s and weigher’s, technician’s, pasteurizer’s, and butter grader’s license are as follows: (a) For a tester’s license, including a nonfat milk solids tester, one hundred dollars ($100). (b) For a sampler’s and weigher’s license, one hundred dollars ($100). (c) For a limited sampler’s and weigher’s license, seventy-five dollars ($75). (d) For a technician’s license, one hundred dollars ($100). (e) For a pasteurizer’s license, one hundred dollars ($100). (f) For a butter grader’s license, one hundred dollars ($100). (Amended by Stats. 2012, Ch. 39, Sec. 21. (SB 1018) Effective June 27, 2012.)
  59. 35251.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Disposition of Funds [35251 - 35252] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must report monthly to the Controller the total amount collected under Section 35221 and must pay the receipts into the State Treasury at the same time.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Disposition of Funds [35251 - 35252] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 35251. The director, at least once each month, shall report to the Controller the total amount of any money which is collected under Section 35221. He or she shall, at the same time, pay into the State Treasury the entire amount of the receipts which shall be credited to the Department of Food and Agriculture Fund and expended as provided in Section 32704. (Amended by Stats. 1983, Ch. 101, Sec. 49.)
  60. 35252.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Disposition of Funds [35251 - 35252] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must report monthly to the State Controller the amount of fees collected under specified sections and pay those receipts into the State Treasury at the same time.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 12. Licenses, Records, and Reports [34951 - 35252] ( Chapter 12 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Disposition of Funds [35251 - 35252] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 35252. The director shall, at least once each month, report to the State Controller the total amount of any money which is collected for fees under Sections 35227 and 35228. He shall, at the same time, pay into the State Treasury the entire amount of such receipts which shall be credited to the Department of Agriculture Fund and expended in carrying out the provisions of this division relating to butter. (Enacted by Stats. 1967, Ch. 15.)
  61. 35281.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Criminal Penalties [35281 - 35283] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Violating this division or its enforcement regulations is a misdemeanor, punishable unless another penalty is specifically prescribed by a fine, jail time, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Criminal Penalties [35281 - 35283] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35281. Any violation of any provision of this division, or the regulations for its enforcement, is a misdemeanor. Unless a different penalty is specifically prescribed, it is punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than 10 days nor more than 90 days, or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 118. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  62. 35282.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Criminal Penalties [35281 - 35283] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is a misdemeanor to physically resist or attack authorized representatives of the department or an approved milk inspection service while they are properly doing their official duties.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Criminal Penalties [35281 - 35283] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35282. Offering physical resistance or bodily attack on authorized representatives of the department or of an approved milk inspection service, who are engaged in the proper conduct of their official duties, is a misdemeanor, punishable by imprisonment in the county jail for not less than 10 days, without the alternative of a fine in any case. (Enacted by Stats. 1967, Ch. 15.)
  63. 35283.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Criminal Penalties [35281 - 35283] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Intentional violations of the listed milk-handling and recordkeeping rules are felonies, punishable by a fine, jail, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Criminal Penalties [35281 - 35283] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35283. Notwithstanding Sections 35281 and 35282, any person who intentionally commits any of the following acts is guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment of not less than six months nor more than one year, or by both the fine and imprisonment: (a) Processing without pasteurization any milk or milk product which is required by this division to be pasteurized. (b) Manufacturing or processing for resale of any milk or milk product in a milk products plant which is not licensed by the director pursuant to Chapter 12 (commencing with Section 34951). (c) Providing milk or milk products to any person for the manufacturing or processing for resale of any milk or milk product unless that person is licensed by the director pursuant to Chapter 12 (commencing with Section 34951). (d) Falsifying any records which are required by Sections 34007, 34064, and 34065. (Added by Stats. 1985, Ch. 1166, Sec. 7. Effective September 28, 1985.)
  64. 35311.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Penalties [35311 - 35312] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Late renewal fees for licenses covered by this division get a penalty of 25% or $5, whichever is greater, if not paid by the deadline.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Penalties [35311 - 35312] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35311. Except as otherwise provided in this section, a penalty of 25 percent or five dollars ($5), whichever is greater, shall be added to any portion of the fee for renewal of any license which is required by this division which is not paid by the last day of the month following that in which the preexisting license expired. A penalty shall not accrue if the licensee operates only seasonally and he has not engaged in the activities for which the license is required between the time his preexisting license expired and the date of the renewal of his license. (Enacted by Stats. 1967, Ch. 15.)
  65. 35312.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Penalties [35311 - 35312] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Late-paid fees required by this division are subject to an added civil penalty, except for license fees.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 1. GENERALLY [32501 - 35312] ( Part 1 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 13. Penalties [35281 - 35312] ( Chapter 13 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Civil Penalties [35311 - 35312] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35312. To the amount of any fee, except a license fee, which is required by this division, that is not paid by the last day of the month following that in which due, there shall be added a penalty of 25 percent of the unpaid amount of such fee, or five dollars ($5), whichever is greater, for each month or fraction of a month until the entire fee and penalty are paid. (Enacted by Stats. 1967, Ch. 15.)
  66. 35601.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Milk [35601 - 35603] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk must come from nonreacting tuberculin- and brucellosis-tested cows or goats, and it must comply with regulations adopted 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Milk [35601 - 35603] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35601. Milk shall be produced from nonreacting tuberculin and brucellosis tested cows or goats and shall conform to the regulations adopted by the director. (Amended by Stats. 1979, Ch. 771.)
  67. 35602.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Milk [35601 - 35603] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk must be obtained by complete milking of healthy, properly fed and kept cows or goats, and milk must not be obtained or used for human consumption around parturition.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Milk [35601 - 35603] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35602. Milk shall be obtained by the complete milking of healthy cows or goats which are properly fed and kept. Milk shall not be obtained or used for human consumption within 15 days prior to or 5 days after parturition. (Enacted by Stats. 1967, Ch. 15.)
  68. 35603.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Milk [35601 - 35603] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk produced or handled in an insanitary place or manner is unfit for human consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Milk [35601 - 35603] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35603. Milk which has been produced or handled in an insanitary dairy farm or milk products plant or other insanitary place or which has been handled in an insanitary manner is unfit for human consumption. (Enacted by Stats. 1967, Ch. 15.)
  69. 35631.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Cream [35631- 35631.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Cream must be fresh and clean, and it must contain at least 18% milk fat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. General Provisions [35601 - 35631] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Cream [35631- 35631.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35631. Cream shall be fresh and clean. It shall contain not less than 18 percent of milk fat. (Amended by Stats. 1977, Ch. 455.)
  70. 35751.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section allows vitamins and minerals to be added to market milk if the milk is labeled to show the addition, the filing is approved by the director, and the milk meets the stated vitamin content 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35751. This division does not prohibit the addition of vitamins and minerals to market milk or the sale of market milk to which any vitamins and minerals have been added if such milk is labeled to show the addition of the vitamins and minerals. A statement of the method and manner of adding vitamins and minerals shall be filed with and approved by the director, and, when offered for sale, such vitamin and mineral milk shall not be of a standard which is below the legal requirements of market milk. When added, vitamin D shall be present in such quantity that each quart of the milk contains 400 International Units thereof within limits of good manufacturing practice. When added, vitamin A shall be present in such quantity that each quart of the milk contains not less than 2,000 International Units thereof within limits of good manufacturing practice. The requirements of this section shall apply to all fluid market milk products. (Amended by Stats. 1980, Ch. 134.)
  71. 35752.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The division does not prohibit freezing and cold storage of market cream or concentrated market cream, later standardizing it with market milk or skim milk, and selling it as market cream if the final product meets the division’s market cream 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35752. This division does not prohibit the freezing and holding in cold storage of market cream or concentrated market cream, its subsequent standardization with market milk or skim milk produced from market milk, and its sale as market cream if the standardized product otherwise conforms to all the standards and requirements in this division for market cream. Payment procedure for market cream so frozen or stored shall be pursuant to Article 22 (commencing with Section 62441), Chapter 2, Part 3, Division 21 of this code. (Enacted by Stats. 1967, Ch. 15.)
  72. 35753.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The division does not prohibit freezing and cold-storing market goat milk, and later selling it as market milk, if it meets the market milk standards at the time of 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35753. This division does not prohibit the freezing and holding in cold storage of market goat milk and its subsequent sale as market milk if at the time of sale it meets all the standards and requirements which are specified in this division for market milk. (Enacted by Stats. 1967, Ch. 15.)
  73. 35754.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The division allows market goat milk to be sterilized, stored, and later sold as market milk if it meets all market-milk standards and requirements at the time of 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35754. This division does not prohibit the sterilization of market goat milk by subjecting it to a temperature which is high enough to sterilize it, holding it in storage, and subsequently selling it as market milk if at the time of sale the market goat milk meets all standards and requirements which are specified in this division for market milk. (Enacted by Stats. 1967, Ch. 15.)
  74. 35755.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not sell market milk unless it is graded milk in areas where a milk inspection service has been established 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35755. It is unlawful for any person to sell any market milk other than graded milk as provided in this division in any city or county or any combination of cities and counties in which a milk inspection service has been established, either by or with the approval of the director. (Enacted by Stats. 1967, Ch. 15.)
  75. 35756.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Municipalities and counties may, by ordinance or regulation, require pasteurization of market milk or set higher milk-fat and solids-not-fat standards than this division, and the division and the director’s regulations do not limit that power.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35756. This division, and the regulations of the director are not a limitation on the power of a municipality or county, by ordinance or regulation, to establish compulsory pasteurization of market milk or reasonable higher standards for milk fat and solids-not-fat than those which are established in this division, but such standards shall apply only to market milk after standardization by a milk distributor. (Enacted by Stats. 1967, Ch. 15.)
  76. 35757.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The secretary may adopt regulations on temperature requirements for market milk delivered to consumers, and those regulations can differ from this chapter’s other 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [35751 - 35757] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 35757. The secretary, in compliance with Section 407 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt regulations pertaining to temperature requirements for market milk delivered to consumers. Notwithstanding any other provision of this chapter, these regulations may establish temperature requirements for market milk delivered to consumers that differ from any or all requirements provided for in this chapter. In adopting these regulations, the secretary shall take into consideration the preservation of high quality market milk for consumers, as well as avoidance of hardship and unreasonable expense for persons engaged in the processing, packaging, and distribution of market milk. (Amended by Stats. 1996, Ch. 427, Sec. 3. Effective January 1, 1997.)
  77. 35781.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market milk must stay within specified bacteria, coliform, and somatic cell limits, with a goat milk exception and director rulemaking authority for raw market milk for pasteurization.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35781. (a) Except as otherwise provided in this article, market milk shall not contain any of the following: (1) More than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter if to be sold as raw milk to the consumer. (2) More than 50,000 bacteria per milliliter if to be sold as raw milk for pasteurization or more than 750 bacteria per milliliter after having been subjected to laboratory pasteurization which has a time-temperature equivalent to that required in Section 34001 before pasteurization. (3) More than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter at time of delivery to the consumer, if pasteurized. (4) More than 750 coliform bacteria per milliliter in raw milk for pasteurization. Samples shall be taken while the milk is on the premises of the producer. (5) More than 800,000 somatic cells per milliliter, as determined by direct microscopic somatic cell count, electronic somatic cell count, or optical somatic cell count. After January 1, 1990, the maximum somatic cell count shall be 600,000 somatic cells per milliliter, as determined by the methods specified in this paragraph. This paragraph does not apply to market goat milk. (b) The director may, by regulation, require different standards for raw market milk for pasteurization from the standards in this section if he or she determines, after an administrative hearing, that the standards are necessary to protect or improve milk quality. (Amended by Stats. 2007, Ch. 339, Sec. 2. Effective January 1, 2008.)
  78. 35781.5.

    ## 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A milk producer delivering cans to a plant that receives graded, ungraded, or manufacturing milk must label each can with the producer and the milk grade.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35781.5. A milk producer delivering in cans on delivery to a plant receiving both graded market milk and ungraded market milk or manufacturing milk shall label each can containing market milk as to the producer and grade of such market milk. (Added by Stats. 1967, Ch. 191.)
  79. 35782.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market milk must be cooled to 45 degrees Fahrenheit or below and kept that way until delivered to the consumer, unless Section 35783 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35782. Market milk shall be cooled to 45 degrees Fahrenheit or below, whether it is raw or pasteurized, and, except as otherwise provided in Section 35783, shall be so maintained until it is delivered to the consumer. (Amended by Stats. 1996, Ch. 427, Sec. 4. Effective January 1, 1997.)
  80. 35783.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market milk must be cooled to specified temperatures within set time limits, and its blend temperature must not exceed 50°F; the secretary may allow temporary deviations for certain emergencies if product quality and safety are not harmed.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35783. Market milk shall be cooled as indicated by a recording thermometer to 50 degrees Fahrenheit (10 degrees Celsius) or less within four hours of the commencement of the first milking and to 45 degrees Fahrenheit (7 degrees Celsius) or less within two hours of the completion of milking. The blend temperature after the first milking and subsequent milkings, or milk in transit on bulk milk tankers, shall not exceed 50 degrees Fahrenheit (10 degrees Celsius). The secretary may promulgate regulations to provide for temporary deviations from the requirements of this section that may occur as a result of emergencies arising from equipment failure, or as a result of other unusual circumstances; provided, however, that the quality and safety of the product are not adversely affected. (Amended by Stats. 2008, Ch. 236, Sec. 1. Effective August 1, 2008.)
  81. 35783.1.

    ## 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Recording thermometers must be installed on certain milk storage equipment, and the secretary must issue standards for them.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35783.1. A recording thermometer shall be installed in each dairy farm milk storage tank used to cool or store market milk during the milking process. If a farm pickup tanker is used in lieu of a dairy farm tank, the recording thermometer shall be installed in the pipeline following an effective cooling device that cools the milk to 45 degrees Fahrenheit (7 degrees Celsius) or less. Nothing in this section shall be construed as meaning that a recording thermometer must be attached when milk tankers are moved over the road. The secretary shall issue regulations providing standards for these thermometers including installation and operation. (Amended by Stats. 2009, Ch. 140, Sec. 75. (AB 1164) Effective January 1, 2010.)
  82. 35784.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market milk must meet minimum milk fat and solids-not-fat percentages when delivered to the consumer, with a limited variation rule if the combined percentages are high enough.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35784. Market milk, except as provided in Section 35784.2, at the time of delivery to the consumer, shall contain not less than 3.5 percent of milk fat and not less than 8.7 percent of solids not fat. The minimum percentages of milk fats and solids not fat required by this section may vary by an amount no greater than 0.1 of 1 percent, if the total combined percentages of milk fat and solids not fat, at the time of delivery to the consumer, equals or exceeds 12.2 percent. (Amended by Stats. 2019, Ch. 301, Sec. 2. (AB 466) Effective January 1, 2020.)
  83. 35784.1.

    ## 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market milk covered by this section must contain at least 3.5% milk fat and 8.5% solids not fat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35784.1. Market milk produced and marketed pursuant to Article 7 (commencing with Section 35921) of this chapter and Sections 35861 and 35891 shall contain not less than 3.5 percent of milk fat and not less than 8.5 percent of solids not fat. The minimum percentages of milk fat and solids not fat required by this section, may vary by an amount no greater than 0.1 of 1 percent, provided that the total combined percentages of milk fat and solids not fat, at the time of delivery to the consumer, shall equal or exceed 12 percent. (Amended by Stats. 1978, Ch. 28.)
  84. 35784.2.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    6 percent milk is treated as a standard of identity and must meet minimum milk fat and solids-not-fat levels, with a limited variance allowed in one circumstance.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35784.2. (a) (1) Notwithstanding any other law, 6 percent milk is a standard of identity and shall contain not less than 6 percent of milk fat and not less than 8.7 percent of solids not fat at the time of delivery to the consumer. (2) The minimum percentages of milk fat and solids not fat prescribed by this section may vary by an amount no greater than 0.1 of 1 percent, if the total combined percentages of milk fat and solids not fat equals or exceeds 14.7 percent at the time of delivery to the consumer. (b) The secretary may establish milk standards for 6 percent milk sold in the state. (c) Six percent milk shall meet all of the following: (1) All the standards and requirements for market milk as specified in this division, except as provided for in subdivision (a). (2) The applicable labeling requirements required pursuant to Title 21 of the Code of Federal Regulations. The name used on the label shall be “6 percent milk” or “6% milk.” (Added by Stats. 2019, Ch. 301, Sec. 3. (AB 466) Effective January 1, 2020.)
  85. 35785.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market milk sold under an approved or director-run milk inspection service must comply with the grade requirements in 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35785. Market milk which is produced for sale under the supervision of an approved milk inspection service, or a milk inspection service which is established and conducted by the director, shall be in conformity with the provisions for the respective grades as defined in this chapter. (Enacted by Stats. 1967, Ch. 15.)
  86. 35786.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market goat milk may be standardized to at least 2.8% milk fat, and it must contain at least 8.0% solids not fat when delivered to the consumer.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35786. Market goat milk may be standardized to a milk fat content of not less than 2.8 percent. Market goat milk at the time of delivery to the consumer shall contain not less than 8.0 percent of solids not fat. (Amended by Stats. 1989, Ch. 512, Sec. 1.)
  87. 35787.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    If a milk inspection service has been approved or established under the code, market milk must be graded and designated into one of three classes.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35787. Where a milk inspection service has been approved or established pursuant to this code, market milk shall be graded and designated into one of the following classes: (a) “Certified milk.” (b) “Guaranteed milk.” (c) “Grade A milk.” (Enacted by Stats. 1967, Ch. 15.)
  88. 35788.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person may not sell milk as guaranteed or grade A milk unless the sale is supervised by a milk inspection service approved by the director or established and conducted 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Market Milk Standards and Grades [35781 - 35788] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 35788. It is unlawful for any person to sell any milk as, or under the representation of, guaranteed or grade A milk, except under the supervision of a milk inspection service which is approved by the director or which is established and conducted by the director. (Enacted by Stats. 1967, Ch. 15.)
  89. 35811.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Market Cream Standards [35811- 35811.] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market cream must meet the standards for market milk of the same grade, with specific exceptions and 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Market Cream Standards [35811- 35811.] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 35811. Market cream shall conform to all of the standards which are set for market milk of the same grade except those which relate to milk fat and solids-not-fat, and the optional addition of harmless, edible stablizer-emulsif ier either singularly or in combination not exceeding 0.6 of 1 percent, as approved by the director, and except that the maximum bacterial count for pasteurized market cream shall be 20,000 per gram. (Amended by Stats. 1969, Ch. 537.)
  90. 35831.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Pasteurized market milk must be cooled to 50°F or below immediately after pasteurization and kept at that temperature until delivered to the consumer.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 35831. Pasteurized market milk shall be cooled to a temperature of 50 degrees Fahrenheit or below immediately after pasteurization and shall be so maintained until it is delivered to the consumer. (Enacted by Stats. 1967, Ch. 15.)
  91. 35832.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Repasteurized milk may be reprocessed and sold as Grade A only if the listed sanitary, temperature, packaging, and handling conditions are met; the secretary may authorize reprocessing of packaged milk and milk products on request.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 35832. (a) Repasteurized milk may only be reprocessed and sold as a “Grade A” product under the following conditions and restrictions: (1) Milk and milk products drained from processing equipment at the end of a run, collected from a defoamer system, and milk or milk product solids rinsed from equipment, containers, or pipelines shall be repasteurized only if that milk or those milk products are handled in a sanitary manner and maintained at 45 degrees Fahrenheit (7 degrees Celsius) or less. When the handling or cooling, or both, of that milk or those milk products is not in compliance with this requirement, they shall be discarded. (2) Equipment, designated areas, or rooms utilized for handling, processing, and storage of returned packaged milk or milk products are maintained, operated, cleaned, and sanitized so as to preclude the contamination of Grade A products and equipment and the Grade A operations. The repasteurization of milk and milk products shipped in milk tank trucks, which have been pasteurized at another Grade A milk plant and have been handled in a sanitary manner and maintained at 45 degrees Fahrenheit (7 degrees Celsius) or less, is permitted. (3) Packaged milk and milk products that have physically left the premises of the processing plant shall not be repasteurized for Grade A use. (4) Milk and milk products from damaged, punctured, or otherwise contaminated containers, or milk products from out-of-code containers, shall not be repasteurized for Grade A use. (5) All milk and milk products that have overflowed, leaked, or been spilled or improperly handled shall be discarded. (b) Notwithstanding subdivision (a), the secretary may, on a specific request, authorize reprocessing of packaged milk and milk products provided all other requirements of this section, including proper storage temperature and container integrity, are complied with. (Amended by Stats. 2010, Ch. 202, Sec. 1. (AB 1910) Effective January 1, 2011.)
  92. 35833.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Pasteurized market milk and market milk products must be bottled or canned only in the plant where they were pasteurized, unless another part of the division 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 35833. All pasteurized market milk and market milk products shall be bottled or canned only in the plant where pasteurized, except as otherwise provided in this division. This section does not apply to market cream or cultured market milk products having a product acidity of not less than 0.20 percent expressed as lactic acid. (Amended by Stats. 1967, Ch. 191.)
  93. 35834.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Raw market milk and pasteurized market milk may not be bottled in the same milk products plant for sale and distribution in a city or county with an approved milk inspection service, unless a representative of that service is present during handling, processing, or bottling, or the plant receives only market milk that meets grade A raw milk 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Pasteurized and Raw Market Milk [35831 - 35834] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 35834. Raw market milk and pasteurized market milk shall not be bottled in the same milk products plant for sale and distribution within a city or county which maintains an approved milk inspection service, except where an official representative of such approved milk inspection service is present during the period of handling, processing, or bottling such market milk, or except in those milk products plants where all market milk which is received meets the requirements for grade A raw milk. This section does not apply to market cream. (Enacted by Stats. 1967, Ch. 15.)
  94. 35861.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Guaranteed Market Milk [35861 - 35863] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Guaranteed raw milk counts as market milk only if it meets the listed production, testing, cooling, sale, and labeling 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Guaranteed Market Milk [35861 - 35863] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 35861. Guaranteed raw milk is market milk which conforms to all of the following minimum requirements: (a) The health of the cows and goats shall be determined at least once each month by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director. (b) It shall be produced on dairy farms which score not less than 90 percent on the dairy farm scorecard. (c) It shall be bottled on the premises where produced and delivered in containers which have the pouring lip completely protected from contamination. (d) It shall be cooled as provided in Section 35782, and so maintained until it is delivered to the consumer, at which time it shall contain not more than 10,000 bacteria per milliliter or not more than 10 coliform bacteria per milliliter. (e) It shall be sold to the consumer within 30 hours after production and labeled to indicate the date of sale to the consumer. (Amended by Stats. 2007, Ch. 339, Sec. 5. Effective January 1, 2008.)
  95. 35862.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Guaranteed Market Milk [35861 - 35863] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who handle guaranteed raw milk must be scrupulously clean and must not have, or be able to spread, a communicable disease that could be carried by 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Guaranteed Market Milk [35861 - 35863] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 35862. All persons who come in contact with guaranteed raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease which is liable to be conveyed by milk. The absence of such germs in all such persons shall be determined by bacteriological and physical examination by a health department which maintains an approved milk inspection service, or other person or laboratory which is approved in writing by the department, conducted at the time of employment and every six months thereafter in a manner which is approved by the director. (Enacted by Stats. 1967, Ch. 15.)
  96. 35863.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Guaranteed Market Milk [35861 - 35863] ( Article 5 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Guaranteed pasteurized milk must meet the requirements for guaranteed raw milk and, at delivery to the consumer, must contain no more than 3,000 bacteria per milliliter.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Guaranteed Market Milk [35861 - 35863] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 35863. Guaranteed pasteurized milk shall conform to all the requirements for guaranteed raw milk, except that it shall contain not more than 3,000 bacteria per milliliter at the time of delivery to the consumer. (Enacted by Stats. 1967, Ch. 15.)
  97. 35891.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grade A Market Milk [35891 - 35893] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Grade A raw milk must meet listed minimum requirements, including farm inspection, farm score, cooling, and bacteria limits at delivery.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grade A Market Milk [35891 - 35893] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 35891. Grade A raw milk is market milk which conforms to all the following minimum requirements: (a) The health of the cows and goats shall be determined at least once in two months by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director. (b) It shall be produced on dairy farms that score not less than 90 percent on the dairy farm scorecard. (c) It shall be cooled as provided in Section 35782 and so maintained until delivered to the consumer, at which time it shall contain not more than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter. (Amended by Stats. 2007, Ch. 339, Sec. 6. Effective January 1, 2008.)
  98. 35892.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grade A Market Milk [35891 - 35893] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    People who handle grade A raw milk must keep scrupulously clean and must not have, or spread, communicable 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grade A Market Milk [35891 - 35893] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 35892. All persons who come in contact with grade A raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or be in a condition to disseminate the germs of any communicable disease which is liable to be conveyed by milk. The absence of such germs in all such persons may at the discretion of an approved or established milk inspection service be determined by bacteriological and physical examination in such manner as may be prescribed by the director and by such person or laboratory which is approved in writing by the department, conducted at the time of employment and every six months thereafter in a manner which is approved by the director. (Enacted by Stats. 1967, Ch. 15.)
  99. 35893.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grade A Market Milk [35891 - 35893] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk for grade A pasteurized milk must meet minimum standards, including inspection, cooling, farm-score, and section/regulatory 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Grade A Market Milk [35891 - 35893] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 35893. Milk for grade A pasteurized milk is market milk that conforms to all the following minimum requirements: (a) The health of the cows or goats shall be determined at least once in six months by an official representative of an approved milk inspection service, or a milk inspection service that is established by the director. (b) The milk shall be cooled as provided in Section 35783. (c) It shall be produced on dairy farms that score not less than 90 percent on the dairy farm scorecard that is adopted by the director. (d) Shall meet the standards of Section 35781 or the regulation adopted pursuant thereto. (Amended by Stats. 2007, Ch. 339, Sec. 7. Effective January 1, 2008.)
  100. 35921.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certified milk means market milk that meets the certified-milk rules, regulations, methods, and standards adopted by the county milk commission.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35921. Certified milk is market milk which conforms to the rules, regulations, methods, and standards for the production and distribution of certified milk adopted by the county milk commission established in a county pursuant to this article. (Amended by Stats. 1968, Ch. 7.)
  101. 35922.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certified milk must bear the certification of a milk commission, and county boards of supervisors are responsible for appointing or, in some counties, creating that commission.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35922. Certified milk shall bear the certification of a milk commission which shall be appointed as provided by this article by the board of supervisors in any county in which certified milk was produced on January 1, 1968. The board of supervisors of any other county may create a commission. (Amended by Stats. 1968, Ch. 7.)
  102. 35923.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county milk commission must have six county-resident members appointed by the board of supervisors, with a four-year term and eligibility for reappointment.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35923. A county milk commission shall consist of six members who reside in the county where the commission is located and who shall be appointed by the board of supervisors for a term of four years and shall be eligible for reappointment. The members shall be appointed as follows: (a) A physician who is a member of a county medical association organized under and approved by the Medical Society of the State of California. (b) A physician nominated by the county health department. (c) A veterinarian, who shall be a member of the county or regional veterinarian association. (d) A physician nominated by a producer or producers of certified milk in the county. (e) A physician nominated by the American Association of Medical Milk Commissions, Incorporated. (f) A public member, appointed by the board of supervisors. If no nomination is made by a group so authorized to nominate a member under subdivisions (a) to (e), inclusive, the board of supervisors shall appoint a person who is a member of any of the designated organizations authorized to nominate members. (Amended by Stats. 1975, Ch. 994.)
  103. 35924.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county milk commission must adopt rules and standards for certified milk, including unpasteurized milk, and may make them stricter than the American Association of Medical Milk Commissions’ 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35924. A county milk commission shall adopt rules, regulations, and standards governing the production, distribution, and sale of certified milk, including unpasteurized milk, as it deems necessary to protect public health and safety. The rules, regulations, and standards adopted by a county milk commission shall conform as nearly as practicable to, or may be more restrictive than, the rules, regulations, and standards for the production, distribution, and sale of milk, including unpasteurized milk, adopted by the American Association of Medical Milk Commissions. (Added by Stats. 1968, Ch. 7.)
  104. 35924.5.

    ## 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county milk commission must give reasonable public notice of its meetings and hold public hearings in public buildings. Commission members receive $25 per day for official business, and out-of-state travel on official business needs prior approval from the county board of supervisors.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35924.5. A county milk commission shall give reasonable notice to the public of its meetings, and shall hold its public hearings in public buildings. Members of the commission shall receive twenty-five dollars ($25) per diem for each day spent on official business of the commission, payable from the fees collected pursuant to this article. No member of the commission shall travel beyond the boundaries of the state on official business without prior approval of the county board of supervisors. (Added by Stats. 1975, Ch. 994.)
  105. 35925.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county milk commission must certify milk that meets the adopted rules and standards, including unpasteurized milk, for eligible applicants.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35925. A county milk commission shall certify milk, including unpasteurized milk, for any applicant for certification whose milk complies with the rules, regulations, and standards for production, distribution and sale of milk adopted by the commission and prescribed in this code, irrespective of whether the milk is produced in the county in which the commission is located or in a contiguous county, so long as there is not a milk commission located in such a contiguous county. Provided, however, that the power of a milk commission to certify milk produced in the contiguous county shall terminate at such time as a milk commission is created in such contiguous county. Nothing in this section shall affect any milk inspection, including an approved milk inspection service pursuant to Chapter 4 (commencing with Section 33051) of this part or any other inspection, for milk which is produced in such contiguous county and certified by the commission. (Amended by Stats. 1975, Ch. 994.)
  106. 35926.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county milk commission may set fees and spend the fee money to cover the costs of certifying 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35926. A county milk commission may establish such fees, and expend funds derived therefrom, as are reasonably necessary to defray the costs of certifying milk. (Added by Stats. 1968, Ch. 7.)
  107. 35927.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A county milk commission may run necessary tests and hire personnel to do them; applicants for certification must submit samples for testing when the commission asks.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35927. A county milk commission may conduct any tests that it finds are reasonably necessary to carry out the purposes of this article and may employ personnel to conduct such tests and for such other duties as the commission deems necessary. All applicants for certification shall submit samples for testing when requested to do so by the commission. (Added by Stats. 1968, Ch. 7.)
  108. 35928.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    Officials must stop the use, sale, or disposal of raw milk or certified raw milk when they determine it has caused disease or may spread a communicable 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Certified Milk [35921 - 35928] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 35928. (a) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the director having jurisdiction, determines that the oral ingestion by a human being of any raw milk or certified raw milk supply has caused disease in a human being, he shall prohibit the use, sale, or disposal of such milk, except by a method approved by the director, until such cause has been corrected or eliminated. Application may be made by the director or any such officer to the superior court of the county where the supply is produced or stored in order to obtain an injunction prohibiting the use, sale, or disposal of such milk. If the court determines that it is a reasonable medical probability that the ingestion by a human being of such milk supply was the proximate cause of a case of disease in such human being and that the milk supply is unsafe for human consumption, the court shall take such action as is necessary to enforce the order. When the court thereafter determines that it is a reasonable medical probability that the ingestion by a human being of such milk supply will not be the proximate cause of a case of disease in a human being and that the milk supply is safe for human consumption, such order of prohibition shall be dissolved. (b) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the director having jurisdiction, has good cause to believe, as a result of either a laboratory test by a laboratory certified by the department or a recognized test, on the animal or the milk from the animal or the herd, that a case of typhoid fever, salmonella infection, bacillary dysentery, diphtheria, respiratory streptococcal infection, brucellosis, or tuberculosis, is present in one or more cows or in the milk of one or more cows of any dairy herd, he shall prohibit the use, sale, or disposal of the raw milk or certified raw milk from the herd containing the diseased cow or cows, except by a method approved by the director, until such cause has been corrected or eliminated. Application may be made by the director or any such officer to the superior court of the county where the milk supply is produced or stored in order to obtain an injunction prohibiting the use, sale, or disposal of such milk. If the court determines that it is a reasonable medical probability that such disease is present in the milk of one or more cows of any dairy herd and that the milk supply is unsafe for human consumption, the court shall take such action as is necessary to enforce the order. When the court thereafter determines that it is a reasonable medical probability that such disease is no longer present on the premises of such dairy and that the milk supply is safe for human consumption, such order of prohibition shall be dissolved. (c) When the director, any health officer acting as an agent of the director, or a milk inspection officer acting as an agent of the director, has good cause to believe, as a result of a laboratory test by a laboratory certified by the department or a recognized test, on the animal or the milk, that a raw milk or certified raw milk supply under the control of the producer of such milk supply is suspected to be the source of an infection for a communicable disease, or that a raw milk or certified raw milk supply may cause an infection of a communicable disease, he shall prohibit the use, sale, or disposal of such milk, except by a method approved by the director, until such cause has been corrected or eliminated. However, in the case of such a milk supply being under the control of either a retailer or distributor to retailers, the director or his agent may only prohibit the use, sale, or disposal of such milk in a manner used for any other market milk or milk product. (d) Actions taken pursuant to the provisions of subdivision (c) shall in each instance be subject to judicial review under Section 1085 of the Code of Civil Procedure by the superior court of the county with jurisdiction. Such review shall be conducted for the purpose of determining if the action taken shall be sustained or dissolved. At issue in the review shall be the questions of adequate protection of the public health and safety, and the guarantee of due process of law for the persons controlling, or producer of, the raw or certified raw milk supply affected by the action. The department shall have the burden of proof to sustain the actions of the director or his agents at issue in the review. In the event the court, after such review, finds that the action by the director shall be dissolved, the department shall bear the actual court costs incurred by the persons controlling, or producers of, the raw or certified raw milk supply, and their actual testing costs for any animal or milk tests previously ordered by the department to determine if such milk supply, which is the subject of such court action, is the source of, or may cause, an infection for a communicable disease. As used in this subdivision, “testing costs” means the actual cost of obtaining samples to be tested, the actual cost of laboratory tests, and the actual cost for extra labor to confine the cattle for the purpose of testing. (e) In addition to any procedural requirements of Section 32731, any routine inspection conducted for the purpose of taking samples of milk or inspecting any cow pursuant to subdivision (b) or (c) shall be conducted only after the issuance of an inspection warrant as provided in Title 13 (commencing with Section 1822. 50) of Part 3 of the Code of Civil Procedure, unless such inspection is conducted with the knowledge of the persons controlling the milk supply or cow. In the taking of a sample of milk pursuant to subdivision (a), (b), or (c), a duplicate of any sample of raw milk or certified raw milk shall be left with the persons in control of, or producers of, such milk. (f) The Legislature finds and declares that the state does not intend to limit or restrict the availability of certified raw milk and certified raw milk products to those persons desiring to consume such milk and such products, provided such milk and products meet standards of sanitation and wholesomeness at least equal to market milk that is grade A raw milk, as defined in Section 35891. (Added by Stats. 1977, Ch. 974.)
  109. 35941.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines when market milk counts as homogenized market milk and says it must also meet all other market milk 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35941. Homogenized market milk is market milk which has been subjected to a process or treatment in such manner as to insure the breakup of the fat globules to such an extent that no visible cream separation will occur on the milk after 48 hours storage at a temperature of between 40 and 50 degrees Fahrenheit and the fat percentage of the top 100 cc. of milk in a quart bottle, or proportionate volumes in containers of other sizes, does not differ by more than 10 percent of itself from the milk fat percentage of the remaining milk as determined after thorough mixing. In removing the top 100 cc. of milk, it shall be siphoned off. Homogenized market milk shall otherwise conform to all requirements for market milk. (Enacted by Stats. 1967, Ch. 15.)
  110. 35943.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines homogenized market cream and says it must still meet all other requirements for market 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35943. Homogenized market cream is market cream which has been subjected to a process or treatment in such manner as to insure breakage of the fat globules to such an extent that no visible cream separation will occur after 48 hours. Homogenized market cream shall otherwise conform with all other requirements for market cream. (Enacted by Stats. 1967, Ch. 15.)
  111. 35944.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Homogenized market milk or cream must not be mixed with market milk or cream that has not been homogenized.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35944. Homogenized market milk or homogenized market cream shall not be mixed with market milk or market cream which has not been homogenized. (Enacted by Stats. 1967, Ch. 15.)
  112. 35945.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Homogenized milk and homogenized cream must be labeled as such.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 8. Homogenized Market Milk and Cream [35941 - 35945] ( Article 8 enacted by Stats. 1967, Ch. 15. ) ## 35945. Homogenized milk and homogenized cream shall be so labeled. (Enacted by Stats. 1967, Ch. 15.)
  113. 35971.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Half-and-Half [35971- 35971.] ( Article 9 repealed and added by Stats. 1994, Ch. 95, Sec. 8. )

    Verify source ↗

    Half-and-half must meet a federal compliance standard and cannot exceed specified bacteria 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9. Half-and-Half [35971- 35971.] ( Article 9 repealed and added by Stats. 1994, Ch. 95, Sec. 8. ) ## 35971. Half-and-half is a food that complies with Section 131.180 of Title 21 of the Code of Federal Regulations. Half-and-half shall contain not more than 20,000 bacteria per milliliter and not more than 10 coliform bacteria per milliliter. (Amended by Stats. 2007, Ch. 339, Sec. 8. Effective January 1, 2008.)
  114. 35975.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9.5. Ultra-Filtered Milk Products [35975- 35975.] ( Article 9.5 added by Stats. 2018, Ch. 510, Sec. 1. )

    Verify source ↗

    Ultra-filtered milk products must meet applicable milk standards and labeling rules, and the label must include “ultra-filtered.”

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 9.5. Ultra-Filtered Milk Products [35975- 35975.] ( Article 9.5 added by Stats. 2018, Ch. 510, Sec. 1. ) ## 35975. (a) For purposes of this article, “ultra-filtered milk products” are market milk products resulting from the filtration of milk to alter the relative quantities of milk solids, including proteins, lactose, and minerals, but excluding fat components. When lactose has been completely or partially removed by filtration, the percentage of total milk solids, not including fat components, may be reduced by no more than the percentage of lactose removed. (b) The secretary shall have the authority to establish milk standards for ultra-filtered milk products sold in the state. (c) Ultra-filtered milk products shall meet all standards and requirements for market milk that are specified in this division, except as provided in subdivision (a). (d) Ultra-filtered milk products shall be labeled in accordance with the applicable provisions of Title 21 of the Code of Federal Regulations. The term “ultra-filtered” shall be included in the product name on the product label. (Added by Stats. 2018, Ch. 510, Sec. 1. (SB 1039) Effective January 1, 2019.)
  115. 36.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section says “spouse” includes a registered domestic partner.

    ## Food and Agricultural Code - FAC ## GENERAL PROVISIONS AND DEFINITIONS ( General Provisions enacted by Stats. 1967, Ch. 15. ) ## 36. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 43. (SB 1005) Effective January 1, 2017.)
  116. 36001.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Market milk sold in containers must show the milk’s class or grade, and depending on how it was processed, the words “raw” or “pasteurized,” plus the distributor or original bottler’s name and address, with a limited substitute allowed in one 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 36001. The following information shall at all times appear plainly and in a conspicuous place on, or be securely attached to, every cap, bottle, can, or other container of all market milk which is sold: (a) The class or grade of the market milk, unless the market milk is being sold in bulk to a distributor. (b) The word “raw,” if the market milk has not been pasteurized. (c) The word “pasteurized” if the market milk has been pasteurized. (d) The name and address of the distributor or original bottler. If the name and address of the distributor is used, the milk products plant license number of the original bottler, as assigned annually by the director, may be used in lieu of the name and address of the original bottler. (Enacted by Stats. 1967, Ch. 15.)
  117. 36002.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Labels required by Section 36001 must be printed in capital letters, sized and bold enough to be legible to the purchaser or consumer.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 36002. All labels which are required by Section 36001 shall be in capital letters of a size and boldness as to be legible by the purchaser or consumer. If the available space on any cap, bottle, or container for such labeling is not sufficient for the full name of the distributor, then a sufficient portion of the distributor’s name which clearly identifies such distributor may be used in lieu of the entire distributor’s name. (Enacted by Stats. 1967, Ch. 15.)
  118. 36004.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Retail stores selling covered milk products must show the processor’s quality date on the package or container at the time of sale. The secretary must adopt regulations about how the date is affixed and enforced.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 36004. (a) At the time of sale to the consumer by a retail store of any product designated in this section, there shall appear on the package or container of the product the date established by the processor as the date by which the product should normally be used to ensure consumer quality. (b) This section applies to the following products: (1) Market milk. (2) Market cream. (3) Any milk product that is required by this code, or by any regulation adopted by the secretary pursuant to this code, to be made from market milk or any component or derivative of market milk. (c) This section does not apply to any milk or milk products processed, packaged, and sold by distributors directly to consumers. (d) This section does not apply to any bulk shipments of milk or milk products between distributors. (e) The secretary shall, in compliance with applicable provisions of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and after public hearing or hearings, adopt regulations pertaining to (1) responsibility for affixing to packages or other containers the quality assurance date provided for in this section, (2) the manner, style, form, and place of affixation of the date to packages and other containers in a conspicuous place in a form that is readily seen and easily understood by the buyer, and (3) the administration and enforcement of the requirements of this section. (Amended by Stats. 2024, Ch. 911, Sec. 1. (AB 660) Effective January 1, 2025.)
  119. 36005.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Products made from goat milk must have “goat milk” or “made from goat milk” placed immediately before or after the product name, in the same type size and style as the name.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 10. Labeling and Advertising [36001 - 36005] ( Article 10 enacted by Stats. 1967, Ch. 15. ) ## 36005. If a product is made from goat milk, either the phrase “goat milk” or “made from goat milk” shall immediately precede or follow the name of the product wherever the name appears, and in the same type size and style as the product name. (Added by Stats. 1989, Ch. 512, Sec. 2.)
  120. 36031.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Bottle Caps and Labels [36031 - 36033] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who sells or handles market milk may not possess or control milk bottle caps or labels, unless the items are affixed to filled containers at delivery or the person is the original bottler.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Bottle Caps and Labels [36031 - 36033] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 36031. It is unlawful for any person that sells or handles market milk, except the original bottler of the market milk, to have in his possession, or under his control, any milk bottle cap or label, except the caps or labels that are affixed to the filled containers at the time of delivery to the seller or handler. (Enacted by Stats. 1967, Ch. 15.)
  121. 36032.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Bottle Caps and Labels [36031 - 36033] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person who sells or handles market milk must not remove a cap or label from one milk container and attach it to another.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Bottle Caps and Labels [36031 - 36033] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 36032. It is unlawful for any person that sells or handles market milk to remove any cap or label from any milk container and attach such cap or label to another milk container. (Enacted by Stats. 1967, Ch. 15.)
  122. 36033.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Bottle Caps and Labels [36031 - 36033] ( Article 11 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful for any person to sell or use milk bottle caps unless they are packed by the manufacturer in single-column, unopened, dustproof tubular packages.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 11. Bottle Caps and Labels [36031 - 36033] ( Article 11 enacted by Stats. 1967, Ch. 15. ) ## 36033. It is unlawful for any person to sell or use any milk bottle caps which are not packed by the manufacturer in single column in unopened, dustproof tubular packages. (Enacted by Stats. 1967, Ch. 15.)
  123. 36061.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    False, misleading, or deceptive representations are prohibited on milk containers and on advertisements for 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 36061. No false, misleading, or deceptive name, picture, symbol, mark, word, or other representation shall appear on any milk bottle, bottle cap, can, or other container, nor on any advertisement for market milk. (Enacted by Stats. 1967, Ch. 15.)
  124. 36062.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A market milk label or advertisement is false, misleading, or deceptive if it is untrue in any respect or creates a misleading impression by ambiguity or inference.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 36062. A label or advertisement of market milk is false, misleading, or deceptive if in any particular it is untrue, or by ambiguity or inference creates a misleading or deceptive impression regarding the production, handling, processing, quality, composition, merits, or value of such market milk. (Enacted by Stats. 1967, Ch. 15.)
  125. 36063.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not sell, buy, use, or describe milk or cream as market milk or market cream if it does not meet the required 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 36063. It is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or cream which does not meet the requirements and standards of market milk or market cream. (Enacted by Stats. 1967, Ch. 15.)
  126. 36064.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    It is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or cream mixed with another substance or compound, except as otherwise provided in 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 36064. Except as otherwise provided in this division, it is unlawful for any person to sell, purchase, use, or represent as market milk or market cream any milk or cream which is combined with any other substance or compound. (Enacted by Stats. 1967, Ch. 15.)
  127. 36065.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A person must not serve milk or cream to a customer for on-premises consumption if it is mixed with another substance or compound and presented as a substitute for market milk or market 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 12. Misrepresentation [36061 - 36065] ( Article 12 enacted by Stats. 1967, Ch. 15. ) ## 36065. It is unlawful for any person to serve to any customer for consumption on the premises milk or cream which is combined with any other substance or compound and represented as a substitute for or to take the place of market milk or market cream. (Enacted by Stats. 1967, Ch. 15.)
  128. 36091.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Restricted Use and Exclusion Based Upon Dairy Score [36091 - 36092] ( Heading of Article 13 amended by Stats. 1996, Ch. 759, Sec. 7. )

    Verify source ↗

    Milk sold as market milk generally cannot be restricted or excluded just because the dairy farm’s score is below the minimum, unless the section’s notice and rescore conditions 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Restricted Use and Exclusion Based Upon Dairy Score [36091 - 36092] ( Heading of Article 13 amended by Stats. 1996, Ch. 759, Sec. 7. ) ## 36091. Milk that is delivered by the producer of the milk, to be sold as any grade of market milk, shall not be restricted in use or excluded from the market if a score of the dairy farm on which the milk is produced is below the specified minimum legal requirements unless both of the following occur: (a) A copy of the score is promptly given to the proprietor or operator of the dairy farm and, if milk is sold in bulk to a distributor or processor, a copy of the notice is also given or mailed to the distributor or processor. (b) A rescore, after 10 days, shows the score of the dairy farm to be still or again below the specified minimum legal requirements and a copy of the rescore is promptly given to the proprietor or operator of the dairy farm and the purchaser of the milk produced by the dairy farm and until 60 hours has elapsed after the rescore. (Amended by Stats. 1996, Ch. 759, Sec. 8. Effective January 1, 1997.)
  129. 36092.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Restricted Use and Exclusion Based Upon Dairy Score [36091 - 36092] ( Heading of Article 13 amended by Stats. 1996, Ch. 759, Sec. 7. )

    Verify source ↗

    If a protest is filed within 60 hours after a dairy farm is rescored, the milk from that farm cannot be restricted in use or excluded from the market until a third score is made and agreed to by the milk inspection service representative and 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 13. Restricted Use and Exclusion Based Upon Dairy Score [36091 - 36092] ( Heading of Article 13 amended by Stats. 1996, Ch. 759, Sec. 7. ) ## 36092. If, during the 60 hours following the rescoring of a dairy farm, a protest is filed with the head of the milk inspection service under whose jurisdiction the milk of the dairy farm is sold, the milk which is produced on that dairy farm shall not be restricted in use or excluded from the market until a third score has been made and concurred in by the representative of the milk inspection service and the secretary. (Amended by Stats. 1996, Ch. 759, Sec. 9. Effective January 1, 1997.)
  130. 36123.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Restricted Use or Exclusion [36123- 36123.] ( Heading of Article 14 amended by Stats. 1996, Ch. 759, Sec. 10. )

    Verify source ↗

    If recent bacteria, coliform, or cooling-temperature results exceed the standard for market milk or related products, the health authority or secretary must notify the producer or distributor, and further sampling, inspection, restricted use, or exclusion may follow.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Market Milk and Cream [35751 - 36123] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 14. Restricted Use or Exclusion [36123- 36123.] ( Heading of Article 14 amended by Stats. 1996, Ch. 759, Sec. 10. ) ## 36123. Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the standard for market milk or products of market milk, or both, the health authority or secretary shall send a notice thereof to the producer or distributor concerned. This notice shall be in effect as long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within 14 days of the sending of the notice, but not before the lapse of three days. Immediate restricted use of the market milk or product of market milk or exclusion of the market milk or product of market milk shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations, or cooling temperatures, provided that no action required by this section shall be based upon a sample that is over 180 days old. Violations of bacterial, coliform, and cooling temperature standards shall be followed promptly by inspection to determine and correct the cause. This inspection shall be made immediately when the notice required by this section is sent. Samples may be taken from consecutive milking at the producer level and from consecutive lots of processed products and shall be taken when requested by the producer or processor. Analysis of those samples shall commence within 36 hours from their taking. Reinstatement of the market milk or products of market milk shall be made when two consecutive samples taken within a seven-day period following notice of restricted use again meet the standard. For the purpose of this section sampling for reinstatement and the new compliance series shall begin with the first sample taken after use is restricted. (Amended by Stats. 1996, Ch. 759, Sec. 11. Effective January 1, 1997.)
  131. 36301.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Restricted use market milk, manufacturing milk, and manufacturing cream may be sold only for manufacturing 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36301. Restricted use market milk, manufacturing milk, or manufacturing cream shall be sold only for manufacturing purposes and to be converted into some other form or product. (Amended by Stats. 1996, Ch. 759, Sec. 13. Effective January 1, 1997.)
  132. 36302.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Restricted use market milk, manufacturing milk, and manufacturing cream may not be sold for human consumption in fluid 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36302. Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold for human consumption in a fluid state. (Amended by Stats. 1996, Ch. 759, Sec. 14. Effective January 1, 1997.)
  133. 36303.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section forbids selling certain milk or cream in containers or quantities below specified minimum sizes.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36303. Restricted use market milk, manufacturing milk, or manufacturing cream shall not be sold in quantities of less than three gallons or in containers of less than three gallons capacity. Pasteurized manufacturing cream shall not be sold in quantities of less than one-half gallon or in containers of less than one-half-gallon capacity. (Amended by Stats. 1996, Ch. 759, Sec. 15. Effective January 1, 1997.)
  134. 36304.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Sections 36301 to 36303 do not apply when a producer sells milk or cream 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36304. The provisions of Sections 36301, 36302, and 36303 do not apply to milk or cream which is sold by a producer to a milk products plant. (Amended by Stats. 1967, Ch. 306.)
  135. 36306.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Manufacturing milk or manufacturing cream 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 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 1. General Provisions [36301 - 36306] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36306. Manufacturing milk or manufacturing cream may be repasteurized once. (Enacted by Stats. 1967, Ch. 15.)
  136. 36331.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 2. Manufacturing Milk Standards [36331- 36331.] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Manufacturing milk must meet listed quality standards, including being free of foreign substances and staying within a bacteria limit.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 2. MILK AND CREAM [35601 - 36331] ( Part 2 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Restricted Use Market Milk and Manufacturing Milk and Cream [36301 - 36331] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 759, Sec. 12. ) ## ARTICLE 2. Manufacturing Milk Standards [36331- 36331.] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 36331. Manufacturing milk shall comply with all of the following requirements: (a) It shall be free from foreign substances. (b) It shall not contain any undesirable flavors or odors. (c) It shall not contain more than 2,000,000 individual bacteria per milliliter as found by direct microscopic count. In addition, manufacturing milk shall comply with the rules, regulations, and standards of the United States Department of Agriculture which govern quality standards of raw milk. (Amended by Stats. 1978, Ch. 28.)
  137. 36601.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must adopt by regulation quality standards for products defined in 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36601. The director shall adopt, by regulation, quality standards that are necessary for any product which is defined in this division. These quality standards which are adopted by the director shall be not lower than those which are in effect under regulations of the United States Department of Agriculture, but may be higher if found by the director to effectuate the purposes of this part, and of this section, which are, among others, to provide dairy products to the consumers of this state of the highest possible quality. (Amended by Stats. 1985, Ch. 512, Sec. 1.)
  138. 36602.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director must determine the quality of certain products sold in the state and make sure they meet the minimum quality requirements set by applicable 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36602. The director, in determining the quality of any product which is sold, but not produced and processed in this state, shall ascertain that such product will meet the minimum quality requirements which are applicable to such product by the standards which are contained in, or established by, regulations which are adopted pursuant to this division. (Enacted by Stats. 1967, Ch. 15.)
  139. 36603.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Standards established under this article expire 61 days after the final adjournment of the second regular legislative session that begins after the standard is established or issued.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36603. Any standard which is established pursuant to this article shall expire on the 61st day after the final adjournment of the second regular session of the Legislature commencing after the establishment or issuance of such standard. (Amended by Stats. 1969, Ch. 537.)
  140. 36604.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A product covered by Section 36601 does not have to meet quality standards above the USDA standards, unless a like product is processed in California and those processors must also meet the higher 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36604. No product for which standards are required to be established pursuant to Section 36601 is required to meet any quality standards which are in excess of those that are in effect under regulations of the United States Department of Agriculture, unless a like product is processed in this state and the processors of such like product in this state are also required to meet such higher standards. (Enacted by Stats. 1967, Ch. 15.)
  141. 36605.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Dairy products may not be sold in the state unless they are comparable in quality to the same product made or processed under this division, subject to Section 36604.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36605. Except as otherwise provided in Section 36604 and notwithstanding any other provisions of this part, no dairy products, as such products are defined in this division, shall be sold within this state unless they are of a quality which is comparable to that of the same product which is manufactured or processed pursuant to this division. (Enacted by Stats. 1967, Ch. 15.)
  142. 36606.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt safe and suitable bacteria standards for specific dairy products, except hard and soft cheese, and must set a minimum viable organism count and an official test procedure for approved bacteria strains.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. Quality Standards [36601 - 36606] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36606. (a) Safe and suitable bacteria standards may be adopted by the director for use in specific dairy products except for varieties of hard and soft cheese. Any bacteria strain approved by the director under this section shall appear in the ingredient list of the product. The name of any bacteria strain approved by the director for use in a dairy product for which the standard does not otherwise require use of one or more bacteria strains shall appear with the product name on the principal display panel or panels of the package in letters not less than one-half the height of the letters used in the product name. (b) The director shall establish a minimum viable organism count for any bacteria strain approved pursuant to this section in any dairy product for which the standard does not otherwise require use of one or more bacteria strains. The director shall also establish an official test procedure for the purpose of enforcing the minimum bacteria count level in any dairy products for which such a minimum has been established. (Added by Stats. 1988, Ch. 1169, Sec. 1. Effective September 22, 1988.)
  143. 36631.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    This section says the director is intended to administer this article to support timely, safe, and wholesome milk products, defines “new milk product” or “new product resembling a milk product,” and excludes two product categories from the 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36631. (a) The Legislature intends that the director administer this article to accommodate, in a timely fashion, safe and wholesome milk products. (b) This article applies to products resembling milk products that are processed and sold pursuant to Chapter 6 (commencing with Section 38901) and all milk and dairy products processed and sold pursuant to this division. This article does not apply to any of the following: (1) Combination milk and food products processed and sold pursuant to regulations adopted pursuant to Article 3 (commencing with Section 36661). (2) Special varieties of cheese processed and sold pursuant to regulations adopted pursuant to Section 37402. (c) For purposes of this article, “new milk product” or “new product resembling a milk product” means a product for which no state statutory or administrative regulation standard of identity exists, and may include a product that is classified by the United States Food and Drug Administration as nonstandard. (Amended by Stats. 1989, Ch. 758, Sec. 1.)
  144. 36632.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    The director may grant a one-year temporary standard for a new milk product or similar product if requested by an interested person and after a properly noticed hearing, but not for products covered by certain unenacted bills from the immediately preceding legislative session.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36632. (a) Upon the request of any interested person, the director may, following a properly noticed hearing, pursuant to subdivision (c) of Section 36634, grant a temporary standard for an initial period of one year. A temporary standard may be granted for a new milk product or a new product resembling a milk product. However, in no case shall a temporary standard be granted for a product for which a definition and standard was contained in a bill which was not enacted during the immediately preceding session of the Legislature. A hearing called pursuant to this section shall be by written brief, unless an oral hearing is specifically requested by an interested person. (b) The petition shall include a proposed definition, standard, nomenclature, and label for the new product. The petition shall also address the relation between the proposed product and existing definitions and standards established for comparable products. (Amended by Stats. 1989, Ch. 758, Sec. 2.)
  145. 36633.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    The director must review a temporary standard request after the hearing and, if granting it, set the product’s definition, nomenclature, quality, and labeling 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36633. (a) A hearing called pursuant to this article shall be for the following purposes: (1) Establishing if the product proposed for a temporary standard qualifies for that standard. (2) Evaluating whether a temporary standard has been properly sought for the proposed product definition, standard, nomenclature, and label offered by the petitioner. (b) Following the hearing, the director shall evaluate the temporary standard request on the basis of all of the following: (1) Testimony submitted by all interested persons. (2) The health and safety conditions under which the proposed product will be processed and distributed. (3) Existing definitions and standards which are established for comparable products. (c) In granting a temporary standard, the director shall establish an appropriate definition and nomenclature as well as quality and labeling requirements applicable to the permitted product. (Amended by Stats. 1989, Ch. 758, Sec. 3.)
  146. 36634.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    The director must act on a temporary standard petition on a set timetable, including notice within 15 days, a hearing within 65 days, and notice of the decision within 30 days after the hearing closes.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36634. The processing of a petition for a temporary standard shall conform to the following schedule: (a) Notice of the requested hearing or denial thereof shall be announced by the director within 15 days after receipt of a temporary standard petition. (b) A hearing called pursuant to this section shall be held not later than 65 days following receipt of a temporary standard petition. (c) The hearing shall be conducted in procedural compliance with applicable provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) The petitioner for a temporary standard shall be notified of the director’s decision on the request not later than 30 days following the closing of the hearing. A temporary standard approved by the director shall be effective immediately upon issuance of the director’s decision, subject to Section 36637. (Amended by Stats. 1989, Ch. 758, Sec. 4.)
  147. 36635.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    An unsuccessful petitioner may repeat a temporary standard petition no earlier than 60 days after written notice of denial, if the proposal has been changed or conditions have otherwise changed.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36635. An unsuccessful petitioner for a temporary standard may repetition not earlier than 60 days following written notification of the denial of the original temporary standard request, if the proposed definition and standard have been modified in the interim or other conditions have changed so that a favorable ruling by the director might reasonably be expected. (Repealed and added by Stats. 1986, Ch. 438, Sec. 2.)
  148. 36636.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    A temporary standard may be renewed for one year if the director finds the renewal necessary, and a second renewal is allowed only at the director’s discretion and only if the required legislation has been introduced. The total duration, including renewals, cannot exceed three years.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36636. A temporary standard granted pursuant to this article may be renewed for a period of one year if the director determines that the renewal is necessary to adequately assess the market potential of the product. A second renewal of a temporary standard may be granted at the discretion of the director, except that in no case shall the second renewal be granted if legislation intended to permanently establish a standard and definition for the product currently being marketed pursuant to a temporary standard has not been introduced during the term of the standard. The maximum duration of a temporary standard, including any renewals, shall not exceed three years. (Repealed and added by Stats. 1986, Ch. 438, Sec. 2.)
  149. 36637.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    If a petition under this article is granted, the director must adopt the standard as an emergency regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36637. Upon granting a petition under this article, the director shall adopt the standard as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of this chapter, any regulations adopted under this article shall be deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Amended by Stats. 1989, Ch. 758, Sec. 5.)
  150. 36638.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. )

    Verify source ↗

    If the director does not respond to a petition for a temporary standard within 65 days, the petitioner may use the standard, but that right ends later unless the standard is enacted into law.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Temporary Standards [36631 - 36638] ( Article 2 repealed and added by Stats. 1986, Ch. 438, Sec. 2. ) ## 36638. If the director fails to respond to a petition for a temporary standard within 65 days following receipt of the petition, the petitioner may thereafter utilize the standard. However, the right of petitioner to utilize the standard shall expire at the end of the calendar year of the Regular Session of the Legislature immediately following the year in which the use of that standard by petitioner commenced, unless that standard is enacted into law during that calendar year of the regular session of the Legislature. (Added by Stats. 1989, Ch. 758, Sec. 6.)
  151. 36661.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Combination Milk and Food Products [36661 - 36662] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may adopt separate standards and labeling requirements for certain milk or milk products with added non-milk food 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Combination Milk and Food Products [36661 - 36662] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 36661. In addition to the standards for milk and milk products which are adopted pursuant to this division, the director may adopt separate standards and labeling requirements for any milk or milk product to which is added a food product of a kind which is not derived from milk and for which combination of the food product with milk or milk products no standard has been established or otherwise provided for in this division. (Amended by Stats. 1985, Ch. 512, Sec. 4.)
  152. 36662.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Combination Milk and Food Products [36661 - 36662] ( Article 3 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Definitions, standards, and labeling requirements adopted under this article expire 91 days after the final adjournment of the next general session of the Legislature.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Combination Milk and Food Products [36661 - 36662] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 36662. Every definition, standard, and labeling requirement which is adopted pursuant to this article expires on the 91st day after the final adjournment of the next general session of the Legislature. (Enacted by Stats. 1967, Ch. 15.)
  153. 36670.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. )

    Verify source ↗

    Sweeteners approved by the U.S. Food and Drug Administration for use in milk products may be added to 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. ) ## 36670. Notwithstanding any other provision of law, sweeteners approved by the United States Food and Drug Administration for use in milk products may be added to milk products. (Added by Stats. 1989, Ch. 199, Sec. 2. Effective July 25, 1989.)
  154. 36671.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. )

    Verify source ↗

    A sweetener must be FDA-approved before it is used in a dairy 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. ) ## 36671. Prior to the use of any sweetener in a dairy product, the sweetener must be approved by the United States Food and Drug Administration for use in that milk product or the applicable milk product category. (Added by Stats. 1989, Ch. 199, Sec. 2. Effective July 25, 1989.)
  155. 36672.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. )

    Verify source ↗

    A milk product with any sweetener must comply with the applicable product definition and identity standard, unless this article 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. ) ## 36672. Except as otherwise provided in this article, a milk product containing any sweetener shall be in conformance with all provisions of the applicable product definition and the identity standard specified in this division for the product. (Added by Stats. 1989, Ch. 199, Sec. 2. Effective July 25, 1989.)
  156. 36673.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. )

    Verify source ↗

    Milk products with sweeteners not included in the product identity standard must be labeled under Section 36674 and comply with federal labeling 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. ) ## 36673. A milk product containing any sweetener not included in the product identity standard shall be labeled in accordance with Section 36674 and all federal requirements, including any necessary consumer warning language and all ingredient labeling regulations. (Added by Stats. 1989, Ch. 199, Sec. 2. Effective July 25, 1989.)
  157. 36674.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. )

    Verify source ↗

    The director must approve the label and name for certain milk products, and those products must use a modified name; approved name words must also match in type size, style, and color.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. ) ## 36674. (a) The director shall approve the label and the name for any milk product containing any sweetener not included in the product identity standard. (b) The director may approve any name which is accurate, descriptive, not misleading, and which is consistent with applicable federal regulations. A milk product containing a sweetener not included in the product identity standard shall use a name that is modified by an appropriate word or words consistent with federal regulations. (c) All words constituting the name of the product as approved by the director shall be in the same type size, style, and color. (Added by Stats. 1989, Ch. 199, Sec. 2. Effective July 25, 1989.)
  158. 36675.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. )

    Verify source ↗

    The director must issue and distribute guidelines within 60 days for certain food handling establishments that sell milk products for on-premise consumption.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 1. Generally [36601 - 36675] ( Chapter 1 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Sweeteners [36670 - 36675] ( Article 4 added by Stats. 1989, Ch. 199, Sec. 2. ) ## 36675. The director shall, within 60 days after the effective date of this article, develop and distribute guidelines applicable to food handling establishments which serve milk products intended for on-premise consumption for which packaging takes place at the point of sale to the consumer. The guidelines shall specify how the use of a sweetener not included in the product identity standard shall be noticed to the consumer, including the posting of any health warning required under federal regulations. (Added by Stats. 1989, Ch. 199, Sec. 2. Effective July 25, 1989.)
  159. 36801.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Pasteurized cream sold or used to make ice cream, frozen dairy dessert, frozen dessert, or sherbet must be clean, sweet, free of undesirable flavors and odors, and contain no more than 75,000 bacteria per milliliter.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36801. Pasteurized cream that is sold or used for ice cream, frozen dairy dessert, frozen dessert, or sherbet manufacture shall be clean, sweet, and free from undesirable flavors and odors. It shall contain not more than 75,000 bacteria per milliliter, official plate count. (Amended by Stats. 1995, Ch. 150, Sec. 4. Effective January 1, 1996.)
  160. 36802.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Milk or milk products used to make certain frozen dairy products must be pasteurized.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36802. Milk and any milk product that is used in the manufacture of ice cream, frozen dairy dessert, frozen dessert, or sherbet shall be pasteurized. (Amended by Stats. 1995, Ch. 150, Sec. 5. Effective January 1, 1996.)
  161. 36803.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Sweet butter used in ice cream, frozen dairy dessert, or frozen dessert must be unsalted, made from sweet cream free of undesirable flavor or odors, and meet a minimum rating of 92.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36803. Sweet butter that is used in ice cream, frozen dairy dessert, and frozen dessert shall be unsalted butter made from sweet cream that is free from undesirable flavor or odors. It shall have a rating of not less than 92 in accordance with the standards for quality of creamery butter that are established in Article 2 (commencing with Section 37131) of Chapter 3. Cream to which has been added ripener or starter, or cream that has been neutralized, is not sweet cream within the meaning of this section. (Amended by Stats. 1995, Ch. 150, Sec. 6. Effective January 1, 1996.)
  162. 36804.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Products defined in this chapter must be advertised and labeled according to regulations adopted 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36804. Every product which is defined in this chapter shall be advertised and labeled in accordance with regulations which are adopted by the director. (Enacted by Stats. 1967, Ch. 15.)
  163. 36805.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Certain frozen dairy products sold in packages must show the manufacturer, distributor, or retailer name, address, and ZIP Code, and may also need a plant number on the package.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36805. (a) Ice cream, frozen dairy dessert, frozen dessert, sherbet, or quiescently frozen confections when sold in package form shall be labeled with the name, address, and ZIP Code of the manufacturer, the wholesale distributor, or the retailer. (b) If the name and address is not that of the original milk products processing plant, there shall be stamped, printed, or embossed upon the package, in a manner acceptable to the director, the plant number of the manufacturer or packer. This plant identification shall be consistent with, and not more restrictive than, the National Uniform Coding System for packaging identification of milk and milk products processing plants. (Amended by Stats. 2006, Ch. 538, Sec. 203. Effective January 1, 2007.)
  164. 36806.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, and frozen dessert mix are treated as unfrozen products used to make those products, and they must be pasteurized and meet the applicable product 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36806. Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, and frozen dessert mix are unfrozen products that are used in the manufacture of ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert. They shall have been pasteurized and comply with all the requirements for ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert, respectively. (Amended by Stats. 2017, Ch. 153, Sec. 5. (AB 1486) Effective January 1, 2018.)
  165. 36807.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    The director may, by regulation, authorize wholesome edible dairy products to be used as ingredients in frozen dairy 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36807. The director, by regulations, may authorize the use of wholesome, edible dairy products, as permissible ingredients, in frozen dairy products, in addition to those for which standards are provided for under this code for such frozen dairy products. (Added by Stats. 1975, Ch. 528.)
  166. 36808.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Ice cream, frozen dairy dessert, frozen dessert, and sherbet may include safe and suitable nonmilk-derived ingredients, but if they do, the required minimum food solids must be kept exclusive of those additives.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36808. Ice cream, frozen dairy dessert, frozen dessert, and sherbet may contain safe and suitable nonmilk-derived ingredients as specified in applicable provisions of the Code of Federal Regulations. If these nonmilk-derived ingredients are used, the minimum quantity of food solids required in this chapter for ice cream, frozen dairy dessert, frozen dessert, and sherbet shall be maintained exclusively of these additives. (Amended by Stats. 1995, Ch. 150, Sec. 9. Effective January 1, 1996.)
  167. 36809.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Frozen dairy products must follow federal nutritional labeling rules, except for product mix and soft-serve products covered by the stated exception.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [36801 - 36809] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 36809. Federal nutritional labeling regulations apply to all frozen dairy products, except nutritional labeling provided for any frozen dairy product mix or any frozen dairy product dispensed by a soft serve establishment, shall state, on the basis of weight, the serving size upon which nutritional declarations are based. (Added by Stats. 1990, Ch. 778, Sec. 1.)
  168. 36861.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Ice Cream [36861- 36861.] ( Article 2 repealed and added by Stats. 1994, Ch. 95, Sec. 11. )

    Verify source ↗

    Ice cream must comply with a federal regulation and may not contain more than 75,000 bacteria per gram.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Ice Cream [36861- 36861.] ( Article 2 repealed and added by Stats. 1994, Ch. 95, Sec. 11. ) ## 36861. Ice cream is a food that complies with Section 135.110 of Title 21 of the Code of Federal Regulations. Ice cream shall contain not more than 75,000 bacteria per gram. (Amended by Stats. 2007, Ch. 339, Sec. 9. Effective January 1, 2008.)
  169. 36951.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sherbet [36951 - 36952] ( Article 5 repealed and added by Stats. 1994, Ch. 95, Sec. 16. )

    Verify source ↗

    Sherbet must meet a federal definition and may contain no more than 75,000 bacteria per gram.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sherbet [36951 - 36952] ( Article 5 repealed and added by Stats. 1994, Ch. 95, Sec. 16. ) ## 36951. Sherbet is a food that complies with Section 135.140 of Title 21 of the Code of Federal Regulations. Sherbet shall contain not more than 75,000 bacteria per gram. (Amended by Stats. 2007, Ch. 339, Sec. 10. Effective January 1, 2008.)
  170. 36952.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sherbet [36951 - 36952] ( Article 5 repealed and added by Stats. 1994, Ch. 95, Sec. 16. )

    Verify source ↗

    Yogurt sherbet must meet sherbet standards, except the sherbet bacteria standards do not apply; it must also have at least 0.6% acidity (as lactic acid) and at least 40% yogurt content.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Sherbet [36951 - 36952] ( Article 5 repealed and added by Stats. 1994, Ch. 95, Sec. 16. ) ## 36952. Yogurt sherbet is a product that meets all the requirements and standards prescribed for sherbet, except as follows: (a) It shall have an acidity of not less than six-tenths of 1 percent calculated as lactic acid. (b) Bacteria standards which are specified for sherbet do not apply to yogurt sherbet. (c) It shall have a yogurt content of not less than 40 percent. (Repealed and added by Stats. 1994, Ch. 95, Sec. 16. Effective June 6, 1994.)
  171. 36981.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Quiescently frozen confections are defined by their frozen, sweetened, flavored preparation method and must contain no more than 75,000 bacteria per gram.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 36981. Quiescently frozen confections means a clean and wholesome frozen, sweetened, flavored product in the manufacture of which freezing, which is not accompanied with stirring or agitation (generally known as quiescent freezing), has been used. This confection may be acidulated with harmless organic acid, may contain milk solids, may be made with or without added harmless pure or imitation flavoring, and with or without added harmless coloring approved by the secretary. The finished product may contain stabilizers at a level that is necessary to achieve the desired function. Quiescently frozen confections shall contain no more than 75,000 bacteria per gram. (Amended by Stats. 2007, Ch. 339, Sec. 11. Effective January 1, 2008.)
  172. 36982.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Quiescently frozen confections may be sold under trade names that are not misleading or deceptive.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 36982. Quiescently frozen confections may be sold under trade names which are not misleading or deceptive. (Enacted by Stats. 1967, Ch. 15.)
  173. 36983.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    A quiescently frozen confection must be made as servings, individually packaged, bagged or otherwise wrapped, properly labeled, and sold to consumers in its original factory-filled package.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 36983. A quiescently frozen confection shall be manufactured in a form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled, and purveyed to the consumer in their original factory-filled package. (Enacted by Stats. 1967, Ch. 15.)
  174. 36984.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    When making a quiescently frozen confection, do not use pre-freezing processing or mixing that causes the finished mix to expand more than 10 percent.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Quiescently Frozen Confections [36981 - 36984] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 36984. In the production of a quiescently frozen confection, no processing or mixing prior to the quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10 percent. (Enacted by Stats. 1967, Ch. 15.)
  175. 36991.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Frozen Yogurt [36991 - 36992] ( Heading of Article 7 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    Frozen yogurt must be made from pasteurized milk fermented with specified bacteria, must not be pasteurized after fermentation, and must meet bacteria 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Frozen Yogurt [36991 - 36992] ( Heading of Article 7 amended by Stats. 1979, Ch. 373. ) ## 36991. Frozen yogurt is a frozen dairy product. It shall be made from milk, with or without added milk solids, flavoring, or seasoning, which has been pasteurized and afterwards fermented by one or more strains of Lactobacillus bulgaricus, including yogurt strains, Streptococcus thermophilous and Lactobacillus acidophilus. It shall not be pasteurized following fermentation. It shall contain not more than 10 coliform bacteria per gram, contain not more than 10 colonies per gram each of molds, yeasts, and other fungi, and be free of any other objectionable bacteria that may impair the quality of the product. (Amended by Stats. 2008, Ch. 236, Sec. 3. Effective August 1, 2008.)
  176. 36992.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Frozen Yogurt [36991 - 36992] ( Heading of Article 7 amended by Stats. 1979, Ch. 373. )

    Verify source ↗

    Frozen yogurt must contain at least 3.5% milkfat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 2. Frozen Dairy Products [36801 - 36992] ( Chapter 2 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Frozen Yogurt [36991 - 36992] ( Heading of Article 7 amended by Stats. 1979, Ch. 373. ) ## 36992. Frozen yogurt shall contain not less than 3.5 percent milkfat. (Amended by Stats. 2008, Ch. 236, Sec. 4. Effective August 1, 2008.)
  177. 37101.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    This section defines “package” for butter and explains how scoring numerals are read.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 37101. As used in this chapter: (a) “Package” includes cartons, wrappers, or other containers which are used for the sale of butter to the retail trade. (b) When “numerals” appear following words which relate to scoring, the numerals represent the score of the butter, 100 being a perfect score. (Enacted by Stats. 1967, Ch. 15.)
  178. 37102.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter scoring must follow the method set out in regulations adopted 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 37102. All scoring of butter shall be in the manner which is specified in the regulations which are adopted by the director. (Enacted by Stats. 1967, Ch. 15.)
  179. 37103.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Quality designations must be placed on the package in the manner set by regulations adopted 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 37103. Quality designations shall be affixed on the package in a manner and fashion which is prescribed in the regulations which are adopted by the director. (Enacted by Stats. 1967, Ch. 15.)
  180. 37104.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter that is bought from a licensed milk products plant or retail location and then infused or mixed with medicinal or adult-use cannabis at a non-licensed milk product plant location is exempt from 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 1. General Provisions [37101 - 37104] ( Article 1 enacted by Stats. 1967, Ch. 15. ) ## 37104. Notwithstanding Section 26001 of the Business and Professions Code, butter purchased from a licensed milk products plant or retail location that is subsequently infused or mixed with medicinal or adult-use cannabis at the premises or location that is not subject to licensing as a milk product plant is exempt from the provisions of this division. (Amended by Stats. 2017, Ch. 27, Sec. 110. (SB 94) Effective June 27, 2017.)
  181. 37131.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter sold or distributed in package form must be graded and labeled or advertised using one of the stated quality designations.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 37131. All butter which is sold or distributed in package form, including such butter which is received from out-of-state points, shall be classified into grades which indicate its quality and shall be labeled and advertised by the use of one of the following designations: (a) First quality. (b) Second quality. (Enacted by Stats. 1967, Ch. 15.)
  182. 37132.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    First quality butter must score at least 92 and meet listed freshness, body, color, salt, package, and defect 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 37132. First quality butter is butter which scores not less than 92. The minimum requirements for first quality butter are as follows: (a) It shall be fresh, sweet and clean in flavor if of fresh make, or sweet and clean if storage. (b) The body shall be firm. (c) The color shall be either light or medium and shall be uniform, except that it may show small curd specks or slight waviness. (d) The salt shall be either light or medium, and free from grittiness. (e) The package shall be clean, uniform, and sound. (f) The defects in body, color, salt, and package shall not total over one point. (Enacted by Stats. 1967, Ch. 15.)
  183. 37133.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    This section defines second quality butter as butter scoring below 92 but not less than 90.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 37133. Second quality butter is butter which scores below 92, but not less than 90. The minimum requirements for second quality butter are as follows: (a) It shall be fresh and fairly sweet and fairly clean in flavor if of fresh make or fairly sweet and fairly clean if storage. (b) It may also be flat or lacking in flavor. (c) The body shall be fairly firm, but may show slight defects in grain and texture. (d) The color may be either light or medium and shall be fairly uniform, but may be wavy. (e) The salt may be either light, medium or high, and shall be fairly uniform, but may be slightly gritty. (f) The package shall be clean, uniform, and sound. (Enacted by Stats. 1967, Ch. 15.)
  184. 37134.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. )

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    Butter that scores less than 90 must not be sold or served to consumers.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 2. Butter Grades [37131 - 37134] ( Article 2 enacted by Stats. 1967, Ch. 15. ) ## 37134. Butter which scores less than 90 shall not be sold or served to consumers. Such butter when sold shall be in bulk packages which contain not less than 30 pounds, and are labeled “for cooking and baking purposes only.” (Enacted by Stats. 1967, Ch. 15.)
  185. 37161.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    This section defines butter as a product made by gathering fat or fresh or ripened milk or cream into a mass with a small portion of other milk constituents.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 37161. Butter is the product made by gathering the fat or fresh or ripened milk or cream into a mass, which also contains a small portion of other milk constituents. (Enacted by Stats. 1967, Ch. 15.)
  186. 37162.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Butter must be clean, nonrancid, and contain at least 80% milk fat.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 37162. Butter shall be clean and nonrancid and shall contain not less than 80 percent of milk fat. (Enacted by Stats. 1967, Ch. 15.)
  187. 37163.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Butter may contain salt or a harmless coloring matter.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 37163. Butter may contain salt or a harmless coloring matter. (Enacted by Stats. 1967, Ch. 15.)
  188. 37164.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. )

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    Butter flavored with certain seasonings may be sold in whipped or solid form if it meets listed 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 3. Butter Standards [37161 - 37164] ( Article 3 enacted by Stats. 1967, Ch. 15. ) ## 37164. Butter flavored with spices, condiments, garlic, chives, herbs, or other flavoring may be sold in whipped or solid form, provided the product meets the following requirements: (a) The butter, before flavoring, meets all of the requirements for USDA 93 score (AA Grade) butter. (b) The principal flavor is identified on the container with equal prominence with the word “butter.” (c) The principal display panel has a list of all ingredients in the descending order of predominence, and identifies the name and address of the manufacturer. (d) The product is processed in a licensed milk products plant. (e) The product contains no preservative. (Added by Stats. 1980, Ch. 790.)
  189. 37191.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Retail Packages [37191 - 37192] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter sold to retail trade must be labeled with the name and address of the manufacturer, wholesale distributor, or retailer.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Retail Packages [37191 - 37192] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 37191. Butter which is sold to the retail trade shall be labeled with the name and address of the manufacturer, the wholesale distributor, or the retailer. The following words shall appear above the name: (a) The words “manufactured by” if the name of the manufacturer is given. (b) The words “distributed by,” if the name of the wholesale distributor is given. (c) The words “put up for” or “put up by,” as the case may be, if the name of the retailer is given. (Enacted by Stats. 1967, Ch. 15.)
  190. 37192.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Retail Packages [37191 - 37192] ( Article 4 enacted by Stats. 1967, Ch. 15. )

    Verify source ↗

    Butter sold to the retail trade must be labeled “pasteurized” or “raw,” as applicable.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 4. Retail Packages [37191 - 37192] ( Article 4 enacted by Stats. 1967, Ch. 15. ) ## 37192. Butter which is sold to the retail trade shall be labeled with the words “pasteurized” or “raw,” as the case may be. (Added by Stats. 1967, Ch. 306.)
  191. 37221.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Butter received in California by brokers, jobbers, and similar recipients in bulk packages must be labeled with the manufacturer’s name and address, the manufacture date, and the original lot or churn number.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 37221. Butter which is received in this state by brokers, jobbers, and other persons that receive butter in cubes, tubs, firkins, or other bulk packages shall be labeled with all of the following: (a) The name and address of the manufacturer. (b) The date on which the butter was manufactured. (c) The original lot or churn number. (Enacted by Stats. 1967, Ch. 15.)
  192. 37222.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    The markings on butter packages must stay on the packages until the butter is cut and wrapped for retail 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 37222. The markings shall remain on the packages until the butter which is contained in the packages is cut and wrapped for the retail trade. (Enacted by Stats. 1967, Ch. 15.)
  193. 37223.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    Packages or wrappers may not show city, county, or similar geographic names, or words pronounced the same way, except for the address of the manufacturer, wholesale distributor, or retailer whose name is printed on the package or wrapper.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 37223. The name of any city, county, or other geographical designation, or any word which may be pronounced the same as any city, county, or other geographical designation, except the address of the manufacturer, wholesale distributor, or retailer, whose name is printed on any package or wrapper, shall not appear upon any package or wrapper. (Enacted by Stats. 1967, Ch. 15.)
  194. 37224.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. )

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    This section says the article does not forbid using a trademark or brand with a geographical name if it was copyrighted or registered with the Secretary of State before January 1, 1923.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 5. Bulk Packages [37221 - 37224] ( Article 5 enacted by Stats. 1967, Ch. 15. ) ## 37224. This article does not prohibit the use of a trademark or brand which has a geographical name if it was copyrighted or registered in the office of the Secretary of State of this state prior to Janaury 1, 1923. (Enacted by Stats. 1967, Ch. 15.)
  195. 37261.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Imported Butter [37261 - 37262] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    People who sell, consign, ship, or present imported butter in this state must first mark the butter as “imported” and post a required “imported butter sold here” sign in their public salesroom.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Imported Butter [37261 - 37262] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 37261. Every person that sells, consigns, ships, or presents to any other person any butter that has been shipped or imported into this state from any place outside of the United States shall, before he does so, do all of the following: (a) Cause to be stamped, marked, or printed upon the wrapper, or other container in blackface letters which are not less than one-eighth of an inch in height the word “imported.” (b) Display in a conspicuous place in his public salesroom a sign, which shall be not less than one foot in height and two feet in length, which bears the words “imported butter sold here” in blackface letters not less than three inches in height and one-half inch in width upon a white ground. (Enacted by Stats. 1967, Ch. 15.)
  196. 37262.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Imported Butter [37261 - 37262] ( Article 6 enacted by Stats. 1967, Ch. 15. )

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    Violating this article can lead to up to six months in county jail, a fine of up to $500, or both.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 6. Imported Butter [37261 - 37262] ( Article 6 enacted by Stats. 1967, Ch. 15. ) ## 37262. Violation of this article is punishable by imprisonment in the county jail for not more than six months, or by a fine of not more than five hundred dollars ($500), or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 119. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  197. 37291.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Renovated Butter [37291 - 37292] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    This section defines renovated butter as butter made from impure or rancid butter that is melted, drained of liquid milk fat, and then churned or otherwise worked with milk or a milk 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 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Renovated Butter [37291 - 37292] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 37291. Renovated butter is the product made from impure or rancid butter reduced, for the purpose of cleansing and renovating, to a liquid state by melting and draining off the liquid milk fat and afterwards churning or otherwise manipulating it in connection with milk or any product of milk. (Enacted by Stats. 1967, Ch. 15.)
  198. 37292.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Renovated Butter [37291 - 37292] ( Article 7 enacted by Stats. 1967, Ch. 15. )

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    A person may not sell renovated butter unless each package or retail container is labeled with the required statements.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 3. Butter [37101 - 37292] ( Chapter 3 enacted by Stats. 1967, Ch. 15. ) ## ARTICLE 7. Renovated Butter [37291 - 37292] ( Article 7 enacted by Stats. 1967, Ch. 15. ) ## 37292. It is unlawful for any person to sell any renovated butter unless there is printed upon the label of each and every package, or other container in which such renovated butter is put up for sale or sold at retail, all of the following: (a) The words “renovated butter” in letters which are at least as large as any other type or lettering on such label. (b) The name and address of the manufacturer or distributor. (c) The net weight of the contents of the package. (d) A full and accurate statement of all the ingredients which are contained in the renovated butter. (Enacted by Stats. 1967, Ch. 15.)
  199. 37401.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Cheese [37401 - 37601] ( Chapter 4 repealed and added by Stats. 1994, Ch. 95, Sec. 23. ) ## ARTICLE 1. Varieties of Cheese [37401 - 37414] ( Article 1 added by Stats. 1994, Ch. 95, Sec. 23. )

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    Cheese that meets the federal standard-of-identity rules is treated as a variety of cheese; nonconforming cheese is a special variety and must follow composition standards set by the secretary by regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Cheese [37401 - 37601] ( Chapter 4 repealed and added by Stats. 1994, Ch. 95, Sec. 23. ) ## ARTICLE 1. Varieties of Cheese [37401 - 37414] ( Article 1 added by Stats. 1994, Ch. 95, Sec. 23. ) ## 37401. Varieties of cheese are foods that conform to the applicable standards of identity provided for in Part 133 of Title 21 of the Code of Federal Regulations. Varieties of cheese that do not conform to these standards are special varieties and shall conform to the standards of composition adopted by the secretary by regulation and that are not inconsistent with the standards of identity in Part 133 of Title 21 of the Code of Federal Regulations. (Amended by Stats. 1995, Ch. 150, Sec. 11. Effective January 1, 1996.)
  200. 37402.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Cheese [37401 - 37601] ( Chapter 4 repealed and added by Stats. 1994, Ch. 95, Sec. 23. ) ## ARTICLE 1. Varieties of Cheese [37401 - 37414] ( Article 1 added by Stats. 1994, Ch. 95, Sec. 23. )

    Verify source ↗

    Cheddar cheese is defined as a food that complies with a specified federal regulation.

    ## Food and Agricultural Code - FAC ## DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947 [32501 - 39912] ( Division 15 enacted by Stats. 1967, Ch. 15. ) ## PART 3. MANUFACTURED PRODUCTS [36601 - 39912] ( Part 3 enacted by Stats. 1967, Ch. 15. ) ## CHAPTER 4. Cheese [37401 - 37601] ( Chapter 4 repealed and added by Stats. 1994, Ch. 95, Sec. 23. ) ## ARTICLE 1. Varieties of Cheese [37401 - 37414] ( Article 1 added by Stats. 1994, Ch. 95, Sec. 23. ) ## 37402. Cheddar cheese is a food that complies with Section 133.113 of Title 21 of the Code of Federal Regulations. (Repealed and added by Stats. 1994, Ch. 95, Sec. 23. Effective June 6, 1994.)

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