G/TBT/N/USA/1106  
 
27 April 2016  
(16-2350)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: UNITED STATES OF AMERICA 
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
California 
2. Agency responsible: Department of Food and Agriculture, State of California [1124] 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
Please submit comments to: USA WTO TBT Enquiry Point 
Email: usatbtep@nist.gov   
3. Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: [X] 3.2 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable): Ultra-filtered milk 
products. Milk and milk products (ICS: 67.100) 
5. Title, number of pages and language(s) of the notified document: Temporary 
Standard for Ultra-Filtered Milk Products (6 pages, in English) 
6. Description of content:  Adopts temporary standards for Ultra-Filtered Milk Products that 
will allow for the production and sale of these products in California. The Department 
demonstrated due diligence in completing the regular rulemaking process and submitted the Certificate of Compliance to OAL in accordance with Government Code section 
11346.1(e), prior to the expiration of the 180-day period required for emergency filings. 
However, on March 18, 2016, the Department withdrew the regular rulemaking file from the Office of Administrative Law (OAL) in order to publish a 15 day notice of a document added to the rulemaking file and amended re gulatory text. Therefore, the 180-day time 
period for emergency filings has now expired.  
The Department is now seeking to readopt the emergency regulations, with amendments 
that are substantially equivalent to the original emergency text, in accordance with section 
36637 of the Food and Agricultural Code and Government Code section 11346.1, which 
pertain to emergency filings. This readoption of the emergency filing would be effective for 90 days in accordance with Government Code section 11346.1(h). The Department must 
complete the regular rulemaking process within that time period and resubmit the file to 
OAL. 
7. Objective and rationale, including the nature of urgent problems where applicable: 
Prevention of deceptive practices and consumer protection  
8. Relevant documents:  California Department of Food and Agriculture, Animal Health and 
Food Safety Services Division: https://www.cdfa.ca.gov/ahfss/regulations.html  G/TBT/N/USA/1106 
 
- 2 - 
 
  9. Proposed date of adoption: To be determined 
Proposed date of entry into force: 7 April 2016   
10. Final date for comments: None 
11. Texts available from: Nati onal enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
https://members.wto.org/crnattachm ents/2016/TBT/USA/16_1673_00_e.pdf