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In re:
Department of Food and Agriculture
Regulatory Action:
Title 03, California Code of Regulations
Adopt sections: 450, 450.1, 450.2, 450.3,
450.4, 451, 452
Amend sections:
Repeal sections:NOTICE OF APPROVAL OF EMERGENCY
REGULATORY ACTION
Government Cade Sections 11346.1 and
11349.6
OAL. Matter Number: 2016-0329-05
OAL Matter Type: Emergency Readopt (EE)
This action by the Departmen# of Food and Agriculture is the first re-adoption of
emergency rulemaking action no. 2015-0804-01 E, which established a temporary
standard for ultra-filtered milk products in title 3 of the California Code of Regulations.
SAL approves this emergency regulatory action pursuant to sections 1134fi.1 and
11349.6 of the Government Code.
This emergency regulatory action is effective on 4/7/2016 and will expire on 7/712016.
The Certificate of Compliance for this action is due no later than 7/6/2016.
Date: April 7, 2016 ~T~~
Eric . Parti gt n
Attorney
For: Debra M. Cornez
Director
Original: Karen Ross
Copy: Nancy Grillo
STATEOFCAUfORNIA—OFfICEOPADMINiSTRATIVELAW ~~SQ@ II1StCUCt10t1S Oh
P~OTIC~ PUBLIC~~"fQ~~1R~~~.1fi~~Y~4{~15 SU~IVIISSI~J[~ reverse)
STD. 400(REV.Ot-2013) ~ ~ ~ ~.
OAL FILE NOTICEFIL~,Ni_~bt~ER itEGUC~T~JRti..Ci1:N vU~r4BER EMERGENCY NUMBER
NUMBERS ' Z. ( ~~b^~'Q~`~,~`~~~
For use by Office onlyFor use by Secretary of State only
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NOTICE REC~UTATiONS
AGENCY WITH RULEMAKING AUTHORITY
Department of Food and Agriculture
A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)
3. NOTICE TYPE 4. AGENCY CONTACT PERSON i t~ernvnt rvumntrc rnn nu~nocrt ~vyu~na~~
❑Notice re Proposed
Re uiato Action ❑Other
OAL USE ACTION ON PROPOSED NOTICE NOTICE REGISTER NUMBER PUBLICATION DATE
ONLY. Approved es Approved as Disapproved!
Submitted ~ Modified ~ Withdrewn
B. SUBMISSION OF REGULATIONS (Complete when submitting regulations)
1a. SUBJECT OF REGULATIONS) 1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)
Ultra-Filtered Milk Products 2015-4804-01 E and 2016-0204-01 C
2. SPECIFY CALIFORNIA CODE OFREGUlAT10N5TITlE(S)ANDSECiION(S) pncludingtitle26,iftoxicsrelated)
SECTIONS) AFfEtTED AooPr
(List all section numbers) 450, 450.1, 450.2, 450.3, 450.4, 451 and 452
individually. Attach °'"tEND
additional shee# if needed.)
TITLES) REPEAL
3
3. TYPE Of FILING
Regular Rulemaking (Gov. ~ Certificate of Compliance: The agency officer named Q Emergency Readopt tGov. ❑Changes Without RegulatoryCode § 71346) below certifies that this agency complied with the Code, §i 7 346.1(h}} Effect (Cal. Code Regs., title
❑ Resubmittal of disapproved or provisions of Gov. Code 4§11346.2-17347.3 either ~, §~ ppj
withdrawn nonemergency before the emergency regulation was adopted or
filing (Gov. Code.§§11349.3, within the time period required by statute. ❑File &Print ~ Print Oniy
11349.4)
Emergency {Gov. Code, ~ Resubmittal of disapproved or withdrawn ~ Other (Specify)
§t1346.1(b)) emergency filing (Gov. Code, §11346.1)
4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY Of MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RUIEMAKING FILE (Cal. Code Regs. tiNe t, §44 and Gov. Code 417347.1)
1 certify that the attached capy of the regulations) is a true and correct copy
of the regulationis) identified on this form, that the information specified on this form
is true and correct, and that 1 am the head of the agency taking this acteon,
or a designee of the head of the agency, and am authorized to make this certification.
Dr. Annette Jones, State Veterinarian and Director, AHFSS5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d); Cal. Code Re9s., title 1, §100 )
Effective January 1, April t, July 1, or X Effective on filin with §700 Chan es Wrchout Effective
October 1 (Gov. Code §11343.4(a)) ❑ Secretary of St e ❑ Regulatory Effect other (Specify)
6. CHECK IF 1HESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY
Department of Finance (Form STD. 399} (SAM 56660) ~ Fair Political Practices Commission ❑ State Fire Marshal
DEPARTMENT OF FOOD AND AGRICULTURE
MILK AND .DAIRY FOOD SAFETY BRANCH
PROPOSED READOPTION OF EMERGENCY REGULATIONS
The Department of Food and Agriculture, Milk and Dairy Food Safety Branch, hereby readopts
sections 450, 450.1, 450.2, 450.3, 450.4, 451 and 452 of Article 7, Chapter 1, Division 2 of Title 3 of the
California Code of Regulations, with the following changes, to .read as follows
Section 450. Ultra-Filtered Milk Products.
(a) Ultra-filtered milk products are market milk products resulting from the filtration of milk to alter
the relative quantities of milk solids not fat components, including proteins, lactose, and minerals.
(b) Except as otherwise provided in this article, ultra-filtered milk products shall meet all
standards and requirements that are specified in Division 15 (commencing with section 32501) of the
Food and Agricultural Code for market milk.
(c) Ultra-filtered milk products shall be labeled in accordance with the applicable provisions of
Title 21 of the Code of Federal Regulations..
NOTE: Authority. cited: Sections 407., 36601 and 36637, Food and Agricultural Code. Reference:
Sections 32912, 32912.5, 36631, 36632 and 36633, Food and Agricultural Code.
Section 450.1. Ultra-Filtered .Milk.
Ultra-filtered milk shall contain not less than 3.5 percent e~milkfat and not less than 8.7 percent
milk solids not fat. The minimum percentages of milkfat and milk 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 milkfat and milk solids not fat, at the time of .delivery to the consumer, shall equal. or exceed 12.2
percent. However, when lactose has been completely or partially removed by filtration the total milk
solids and the milk solids not fat percentages .may be reduced by no more than the percentage of
lactose removed. It shall be labeled "ultra-filtered milk."
NOTE: Authority cited: Sections 407, 36601 and 36637, Food and Agricultural Code. Reference:
Sections 32912 and 36633, Food and Agricultural Code.
Section 450.2. Reduced-Fat Ultra-Filtered Milk.
Reduced-fat ultra-filtered milk shall contain not less than 1.9 percent milkfat, not more than 2.1
percent milkfat, and not less than 10 percent e~milk solids not fat, +except that when lactose
has been completely or partially removed by filtration the milk solids not fat percentage may be reduced
by no more than the percentage of lactose removed. It shall be labeled "reduced-fat ultra-filtered milk."
NOTE: Authority cited: Sections 407, 36601 and 36637, Food and Agricultural Code. Reference:
Sections 32912 and 36633, Food and Agricultural Code.
Section 450.3. Lowfat Ultra-Filtered Milk.
~owfat or light (lice} ultra-filtered milk shall contain not less than 0.9 percent milkfat, not more
than 1.1 percent milkfat, and not less than 11 percent e€-milk solids not fat1 i~edexce t that when
lactose has been completely or partially removed by filtration the milk solids not fat percentage may be
reduced by no more than the percentage of lactose removed. It shall be labeled "lowfat ultra-filtered
milk", "light ultra-filtered milk" or "lite ultra-filtered milk".
NOTE: Authority cited: Sections 407, 36601 and 36637, Food and Agricultural Code. Reference:
Sections 32912 and 36633, Food and Agricultural Cade.
Section 450.4. Nonfat Ultra-Filtered Milk.
Nonfat, skim or fat-free ultra-filtered milk shall contain not more than twenty hundredths of 1
percent e~milkfat and not less than 9 percent e~milk solids not fat, ~e~idedexce t that when lactose
has been completely or partially removed by filtration the milk solids not fat percentage maybe reduced
by no more than the percentage of lactose. removed. It shall be labeled "nonfat ultra-filtered milk", "skim
ultra-filtered milk" or "fat-free ultra-filtered milk".
NOTE: Authority cited: Sections 407, 36601 and 36637, Food and Agricultural Cade. Reference:
Sections 32912 and 36633, Food and Agricultural Code.
Section 451. Flavored Ultra-Filtered Milk Products.
(a) Flavored ultra-filtered milk shall contain not less than 3.25 percent milkfat and not less than
8.7 percent milk solids not fat.
o~^no,~ 1' '' h^~^o^+ However, when lactose has been completely or partially removed by filtration the
total milk solids. and milk solids .not fat percentages may be reduced by no more than the percentage of
lactose removed.
(b) Flavored reduced-fat ultra-filtered milk shall contain not more than 2.1 percent milkfat and
not less than 10 percent milk solids not fat, ~s~r+~e~exce t that when lactose has been completely or
partially removed by filtration the milk solids not fat percentage may be reduced by no more
than the percentage of lactose removed.
(c) Flavored lowfat or light (litel ultra-filtered milk shall contain not more than 1.2 percent milkfat
and not less than 11 percent milk solids not fat, ~e~i~except that when lactose has been completely
or partially removed by filtration the milk solids not fat percentage may be reduced by no more than the
percentage of lactose removed.
(d) Flavored nonfat, skim or fat-free ultra-filtered milk shall contain not more than twenty
hundredths of 1 percent e~milkfat and not less than 9 percent milk .solids not fat, ~e~iexce t that
when lactose has been completely or partially removed by filtration the milk solids not fat percentage
may be reduced by no more than the percentage of lactose removed.
(e) Flavored ultra-filtered milk products shall be labeled with the respective product name
described in sections 450.1 through 450.4 of this article preceded by the term "flavored." The principal
flavor may be substituted for the word "flavored" in the name of the product (for example, "chocolate
nonfat ultra-filtered milk"). Flavored ultra-filtered milk products shall be so colored or contain ingredients
that cause them to differ distinctly from milk in appearance and other characteristics.
NOTE: Authority cited: Sections 407, 36601 and 36637, Food and Agricultural Code. Reference:
Sections 32912 and 36633, Food and Agricultural Code.
Section 452. UHT Ultra-Filtered Milk Products.
(a) Ultra-filtered milk products may be aseptically processed and packaged such that they would
be UHT milk products.
(b) UHT ultra-filtered milk shall contain not less than 3.25 percent milkfat and not less than 8.25
percent milk solids not fat, ~e~ide~exce t that when lactose has been completely or partially removed
by filtration the milk solids not fat percentage may be reduced by no more than the percentage of lactose
removed.
(c) UHT reduced-fat ultra-filtered milk shall contain not more than 2.1 percent milkfat and not
less than 8.25 percent milk solids not fat, ~e~i~exce t that when lactose has been completely or
partially removed by filtration the milk solids .not fat percentage may be reduced by no more than the
percentage of lactose removed.
(d) UHT lowfat or light (life) ultra-filtered milk shall contain not more than 1.2 percent milkfat and
not less than 8.25 percent milk solids not fat, ~e~i~e~exce t that when lactose has been completely or
partially removed by filtration the milk solids not fat percentage may be reduced by no more than .the
percentage of lactose removed.
(e) UHT nonfat, skim or fat-free ultra-filtered milk shall contain not more than twenty hundredths
of 1 percent e~-milkfat and not less than 8.25 percent milk solids not fat, ~e~i~e~exCept that when
lactose has been completely or partially removed by filtration the milk solids not fat percentage. may be
reduced by no more than the percentage of lactose removed.
(f) UHT flavored ultra-filtered milk shall contain not less than 3 percent milkfat and not less than
~~~ 8.25 percent milk solids not fat, ~evi~e~exce t that when lactose has been completely or
partially removed by filtration the milk solids not fat percentage may be reduced by no more than
the percentage of lactase removed.
(g) UHT flavored reduced-fat ultra-filtered milk shall contain not more than 2.1 percent milkfat
and not less than 8.25 percent milk solids not fat, ~e~exCept that when lactose has been completely
or partially removed by filtration the milk solids not fat percentage may be reduced by no more than the
percentage of lactose removed.
(h) UHT flavored lowfat or light (life) ultra-filtered milk shall contain not more than 1.2 percent
milkfat and not less than 8.25 percent solids not fat, ~e~i~edexce t that when lactose has been
completely or partially removed by filtration the milk solids not fat percentage may be reduced by no
more than the percentage of lactose removed.
(i) UHT .flavored. nonfat, skim or fat-free ultra-filtered milk shall contain not more. than twenty
hundredths. of 1 percent e~milkfat and .not less than 8.25. percent e~milk solids not fat, provided that
when lactose has been completely or partially removed by filtration the milk solids not fat percentage
may be reduced by no more than the percentage of lactose removed.
(j) UHT flavored ultra-filtered. milk products shall be labeled with the respective product name
described in sections 450.1 through 450.4 of this article, preceded by the term "UHT":and by the term
"flavored" as applicable. The .principal flavor may. be substituted for the word "flavored" in the name of
the .product (for. example,. "UHT chocolate lowfat ultra-filtered milk").
"!a'~~~~f~~"'" ::' :"~ ^~^~' ^` ^~~^ UHT flavored ultra-filtered milk. products shall be so colored or contain
ingredients. that. cause them to differ distinctly from milk in appearance and. other characteristics.
NOTE: Authority cited: Sections 407, 36601 and 36637, Food and Agricultural Code. Reference:
Sections. 3291.2, 36633 and 39701, Food and Agricultural Code.