reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33298.

33298. The secretary shall establish plan review fees for sanitary design and construction review activities relating to milk product plants and frozen milk product plants pursuant to Chapter 6 (commencing with Section 33701). The fees shall not exceed the actual direct costs required to perform sanitary design and construction plan checks. Any money collected by the secretary pursuant to this section shall be paid into the Department of Food and Agriculture Fund.
(Amended by Stats. 2006, Ch. 584, Sec. 19. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 10 - Inspection of Dairy Farms Producing Manufacturing Milk › Section 33321.

33321. The director may authorize the inspection of dairy farms producing manufacturing milk.
(Repealed and added by Stats. 1978, Ch. 927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 10 - Inspection of Dairy Farms Producing Manufacturing Milk › Section 33322.

33322. The inspection of dairy farms producing manufacturing milk in an area to which an approved milk inspection service has been designated and assigned under the provisions of Article 4 (commencing with Section 33141) of this chapter shall be conducted by such approved milk inspection service. The inspection of dairy farms producing manufacturing milk in an established milk inspection area shall be conducted by the director.
(Added by Stats. 1978, Ch. 927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 11 - Violations › Section 33351.

33351. It is unlawful for any person to do any of the following:
(a) Prevent, interfere with, or attempt to nullify in any way the work of any duly authorized representative of the department or of an approved milk inspection service in the enforcement of any provision of this division.
(b) Interfere with or prevent any such representative from examining or auditing any records or books in the conduct of his or her official duty. The records that are required to be made available include, but are not limited to, raw milk products purchased or received, daily production and manufacturing records, and all sales and distribution records maintained by the licensed milk products plant.
(c) Prevent or interfere with any such representative if he or she deems it advisable to secure samples of milk or any product of milk, product resembling milk products, imitation butter, or oleomargarine, or any substance which is designed to be used as a substitute for milk or any product of milk.
(Amended by Stats. 1985, Ch. 1166, Sec. 3. Effective September 28, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 1 - General Provisions › Section 33451.

33451. A dairy farm which is insanitary, deficient, or unsatisfactory is subject to the action provided in this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 1 - General Provisions › Section 33452.

33452. (a) A dairy cow farm that was marketing market milk, including milk that meets the definition of restricted use market milk, on August 1, 2005, shall not market manufacturing milk. However, annually on January 1 such a dairy may elect to market manufacturing milk for a 12-month period. This provision applies to a dairy cow farm that was marketing manufacturing milk on August 1, 2005, that subsequently obtains a market milk grade A permit, but does not apply if the facility is sold or leased to a new operator. A dairy cow farm that begins operation on or after January 1, 2006, shall not market manufacturing milk except as provided in this section.
(b) This section does not apply to dairy goat farms.
(Amended by Stats. 2005, Ch. 222, Sec. 2. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 1 - General Provisions › Section 33453.

33453. This chapter does not prohibit the immediate restricted use or exclusion from the market or the immediate condemnation by the secretary or an approved milk inspection service of any milk or cream that is contaminated or that is produced in a dairy barn or held in a milk house which is in such an insanitary condition that the milk or cream will be contaminated by direct contact with filth.
(Amended by Stats. 1996, Ch. 759, Sec. 4. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 2 - New Construction or Repairs › Section 33481.

33481. The secretary shall establish regulations for the construction of sanitary milk barns and milk houses which are used in the production of market milk.
(Amended by Stats. 2002, Ch. 524, Sec. 1. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 2 - New Construction or Repairs › Section 33482.

33482. The regulations, plans, and specifications may be varied to suit the climatic and other differences in the various sections of the state. If regulations, plans, and specifications have been adopted or established by the director, they are the standard building requirements of all market milk dairy farms which are operating in the same geographical area of the state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 2 - New Construction or Repairs › Section 33483.

33483. Minimum construction standards for new market milk dairy farms and extensive repairs to existing market milk dairy farms shall not be less than those which are established by the director pursuant to the authority which is conferred upon him by this article.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 2 - New Construction or Repairs › Section 33484.

33484. Any dairy farm building heretofore or hereafter constructed in accordance with the regulations, plans, and specifications heretofore or hereafter adopted by the director is not, however, required to be rebuilt to conform to any future change in the regulations, plans, or specifications.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 2 - New Construction or Repairs › Section 33485.

33485. No authority is conferred by this article upon the director or any approved milk inspection service to require the rebuilding of any existing dairy farm building unless the owner of the building is making repairs to it to the extent of at least 75 percent of the value of such building.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 2 - New Construction or Repairs › Section 33486.

33486. All existing structures which are used in the production of market milk shall be kept in repair in accordance with the sanitary requirements and standards which are established by this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 2 - New Construction or Repairs › Section 33487.

33487. No environmental impact report may be required by any state agency for any activity of a dairy farm, including adoption of waste discharge requirements pursuant to Division 7 (commencing with Section 13000) of the Water Code, under all of the following circumstances:
(a) When the proposed dairy will be constructed and operated in accordance with the minimum standards established under this chapter.
(b) Where the applicable local public agencies have completed all necessary reviews and approvals, including the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code, where applicable.
(c) Where a permit for construction has been issued by the appropriate local agency or agencies, and construction undertaken.
This section shall not apply to any dairy that received a permit, and undertook construction, prior to the effective date of the legislation enacting this section.
(Added by Stats. 1983, Ch. 972, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33511.

33511. If any provision of this article is violated by any dairy farm, the dairy farm is insanitary, deficient, and unsatisfactory.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33512.

33512. An open cesspool, pigpen, stagnant water, accumulation of manure or other filth shall not be permitted within 100 feet of the milk house or room, or within 50 feet of any milking barn, stanchions, or other place where milking is done.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33513.

33513. Human excreta or other human wastes shall be properly disposed of by the use of flush toilets and septic tanks, approved pits, or chemical toilets. Such toilets shall be conveniently located and properly constructed, operated, and maintained, so that the waste is inaccessible to flies and does not pollute the surface soil or contaminate any water supply. No approved pit or chemical toilet, however, shall be permitted within 100 feet of the milk house or room or within 50 feet of any milking barn, stanchions, or other place where milking is done.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33514.

33514. The buildings, yards, or enclosures shall not be filthy or insanitary, nor shall any part of such yards or enclosures, except pastures, be made the depositories of manure in heaps or otherwise, where it is allowed to ferment and decay.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33515.

33515. The water supply for the milk house or room and dairy barn shall be properly located, constructed, and operated, easily accessible, adequate, protected against contamination, and of safe and sanitary quality. The bacterial quality shall conform to the standards of the State Board of Health for public supplies of drinking water.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33516.

33516. The water supply for drinking by livestock shall not be stagnant, polluted with manure, urine drainage, decaying vegetable or animal matter, or pathogenic bacteria of any source.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33517.

33517. No person who is connected with or employed on a dairy farm and liable to come in contact with the milk or cream of the dairy farm or the dairy farm operations shall be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33518.

33518. A suitable milkhouse or room, which is properly screened to exclude flies or insects shall be provided and maintained for the separating, cooling, mixing, canning, and keeping, or otherwise caring for, the milk and cream. The milkhouse or room shall contain a two-compartment wash sink. The milkhouse or room shall not be used for any other purpose. It shall not be located in, or be a part of, any building in which fowls or animals, except milking cows, are housed, or be a part of any room where milking cows are held, or a part of, or communicate with, any room or place which is used by any person for sleeping or living accommodations.
(Amended by Stats. 1967, Ch. 191.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33519.

33519. The pails, cans, bottles, or other containers for milk or its products, or the strainers, coolers or other utensils, appliances, apparatus, or equipment which come in contact with the milk or its products shall be thoroughly washed and afterwards sterilized each time they are used by one of the following methods:
(a) Exposure to water vapor at a temperature of not less than 170 degrees Fahrenheit for a period of at least 15 minutes or at a temperature of not less than 200 degrees Fahrenheit for a period of at least five minutes in a steam cabinet equipped with an indicating thermometer which is located in the coldest zone.
(b) Exposure to an enclosed jet of steam for not less than one minute.
(c) Complete immersion in hot water at a temperature of not less than 170 degrees Fahrenheit for a period of at least five minutes.
(d) Exposure to a flow of hot water of a temperature of not less than 170 degrees Fahrenheit, as determined at an outlet, for a period of at least five minutes.
(e) Exposure to hot air at a temperature of not less than 180 degrees Fahrenheit for a period of at least 20 minutes in an oven or hot air cabinet which is equipped with an indicating thermometer located in the coldest zone.
(f) A chemical or other sterilization process which has been approved by the director and which is used in the manner which is established by regulation of the director.
(Amended by Stats. 1988, Ch. 160, Sec. 45.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33520.

33520. Multiuse containers, equipment and utensils used in the handling, storage and transportation of milk shall be made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials and shall be so constructed as to be easily cleanable. All containers, equipment, and utensils shall be in good repair. All milk pails used for handmilking and stripping shall be seamless and of the hooded type having an opening not exceeding one-third of the area of an open pail of the same size. All can lids shall cover the pouring lip so as to protect such lip from contamination.
(Repealed and added by Stats. 1967, Ch. 191.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33521.

33521. The containers, appliances, or equipment, after sterilization, shall be adequately dried and protected from flies, dust, and other contamination.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33522.

33522. No container, utensil, appliance, or equipment shall be used for any purpose except the handling of milk or products of milk.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33523.

33523. The udders, flanks, hind legs, and tails of cows or goats shall be reasonably clean during milking.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33524.

33524. The milk or cream shall be protected from contamination by dust and flies.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33525.

33525. The person or wearing apparel of the dairyman, his employees, or other persons who handle the milk or its products and containers or equipment of the milk or its products shall not be soiled and shall be washed with reasonable frequency.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33526.

33526. The hands of milkers shall be clean and dry during the entire period of milking.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33527.

33527. The milk or cream shall be cooled as provided in Section 35783 and so maintained until delivery to a milk products plant.
(Amended by Stats. 2007, Ch. 339, Sec. 1. Effective January 1, 2008.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33528.

33528. The interior of the milking barn or milk house or room shall be kept clean and free from accumulated dust and cobwebs.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33529.

33529. The walls of the milking barn shall not become soiled with manure, urine, or other filth.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 3 - Dairy Farm Sanitation › Section 33530.

33530. The feed shall not be spoiled or otherwise unfit for feeding cows or goats and the production of milk.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 4 - Violations › Section 33551.

33551. For any violation of this chapter a dairy farm with a market milk (grade A) permit shall be placed on restricted use or the milk or cream from it shall be excluded from the market. No such dairy farm, however, shall be placed on restricted use or the milk or cream from it excluded from the market, unless the exclusion is made pursuant to Section 33453, for a violation of this chapter, which, upon written notice from a qualified inspector, can be corrected and is corrected within 72 hours of the issuance of the notice.
The notice shall be served personally on the owner or operator of the dairy farm. A copy of it shall be immediately delivered or mailed to the distributors that purchase the milk or cream produced on the dairy farm.
(Amended by Stats. 1996, Ch. 759, Sec. 5. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 4 - Violations › Section 33552.

33552. No notice for a subsequent violation of any provision of this chapter, for which a notice, as herein provided, has been issued is required if such subsequent violation occurs during the three-month period following issuance of the original notice.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 5 - Dairy Farms › ARTICLE 5 - Reinstatement › Section 33581.

33581. An application for reinstatement of a dairy farm which has been placed on restricted use or the milk of which has been excluded from the market, pursuant to this chapter, shall be acted upon by the secretary or the approved milk inspection service that has jurisdiction, within three days after the receipt of the application by the secretary or approved milk inspection service.
(Amended by Stats. 1996, Ch. 759, Sec. 6. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 1 - General Provisions › Section 33701.

33701. It is unlawful for any person to operate a milk products plant unless such plant scores a minimum of 80 percent on the official scorecard for milk products plants which is established by regulation of the director. None of the provisions for scoring as set forth herein shall be applied to a dairy farm.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 1 - General Provisions › Section 33702.

33702. The provisions of Sections 33701, 33762, 33763, 33764, and 33765 do not apply to any milk products plant, its utensils, apparatus, and equipment which are used for the processing, manufacturing, handling, and storing of milk, or any products of milk if such milk products plant and its equipment are devoted exclusively to the preparation of products for animal and poultry feeds.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 1 - General Provisions › Section 33703.

33703. Notwithstanding any provision of Section 33522, 33764, or 33765, containers, utensils, appliances, and equipment used for handling or bottling milk or milk products may be used for handling and bottling fruit juices or fruit juice base beverages pursuant to regulations of the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 1 - General Provisions › Section 33704.

33704. (a) (1) Sections 33701, 33731, 33732, 33733, 33734, 33767, 33768, 33770, 33771, 33776, and 34593 do not apply to the manufacture of ice cream that is manufactured from ice cream mix, to frozen dairy dessert that is manufactured from frozen dairy dessert mix, to frozen dessert that is manufactured from frozen dessert mix, to frozen yogurt that is manufactured from frozen yogurt mix, or to nondairy frozen dessert that is manufactured from nondairy frozen dessert mix, if those products are manufactured in a freezing device from which those products are served directly in a semifrozen state, without packaging of any type, for consumption on the premises in or from rooms where food is served to the public.
(2) Except for nondairy frozen dessert mix, all mixes shall be secured from a licensed manufacturer of milk products.
(3) Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, frozen dessert mix, and nondairy frozen dessert mix shall be manufactured into a semifrozen state without adulteration and freezing device salvage shall not be reused as a mix.
(b) Nondairy frozen dessert mix shall be obtained from manufacturers licensed pursuant to Sections 38931 and 38934. Any dry or condensed mix to be reconstituted into freezable form shall be reconstituted on the premises in containers or equipment that meet the requirements of Sections 33763, 33764, 33765, and 33766. Any water used for reconstitution shall be treated in a manner to ensure a quality equal to potable pasteurized water. Upon reconstitution, the product shall be poured directly into the freezing unit or refrigerated at a temperature not to exceed 45 degrees Fahrenheit, and so maintained until frozen, or both.
(c) Where any retail establishment manufactures two or more of the products provided for under this section, each of those products shall be processed in a separate freezing device, and that freezing device shall be clearly identified as to the product being manufactured therein.
(d) The secretary may, by agreement with any approved milk inspection service, authorize the service to inspect and enforce requirements of this code applicable to the establishments covered by this section. Any agreement shall provide that the approved inspection service shall collect the applicable license fee for those establishments as provided in Sections 35221 and 38933. The fees collected shall be retained by the approved service to cover its cost of enforcement, but 15 percent of the fees collected shall be remitted to the secretary to cover the cost of administration.
(Amended by Stats. 2017, Ch. 153, Sec. 1. (AB 1486) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 1 - General Provisions › Section 33704.7.

33704.7. “Frozen dairy dessert” is the food prepared by freezing while stirring a pasteurized mix containing milk or ingredients, derived from milk, or both, and which may contain other optional safe and suitable ingredients. Frozen dairy desserts contain less than six percent, by weight, of nonfat milk solids, exclusive of any caseinates, and less than 75,000 bacteria per gram.
(Added by Stats. 1995, Ch. 150, Sec. 2. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 1 - General Provisions › Section 33704.8.

33704.8. Frozen desserts, not subject to a standard of identity prescribed by Title 21 of the Code of Federal Regulations, may be manufactured or sold, or both, if they are in compliance with all applicable health, safety, and labeling requirements, and if their labels bear a statement of identity approved by the secretary.
(Added by Stats. 1995, Ch. 150, Sec. 3. Effective January 1, 1996.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 1 - General Provisions › Section 33705.

33705. Notwithstanding any other provisions of this division, any wholesome agricultural food product which does not affect the flavor or quality of milk products may be manufactured in any milk products plant subject to conditions which are prescribed by the director, and upon obtaining a special permit which is issued by the director after proper investigation.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 2 - New Construction and Repairs › Section 33731.

33731. No new milk products plant shall be constructed nor shall extensive repairs be made to any existing milk products plant unless plans or specifications which show in detail the nature of the construction or alteration have been submitted to the director and unless the plans and specifications have received the director’s approval in writing.
(Amended by Stats. 1985, Ch. 445, Sec. 41.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 2 - New Construction and Repairs › Section 33732.

33732. Except as otherwise provided in Section 33733, minimum construction standards for new milk products plants shall include a separate room for each of the following operations:
(a) Receiving and weighing of milk or cream, and washing and sterilizing of containers in which milk or cream is received.
(b) Pasteurization, processing, cooling, and manufacturing.
(c) Washing and sterilizing bottles or cans which are used in the delivery of milk or cream to the wholesale or retail trade.
(d) Bacteriological and chemical analyses.
(e) Adequate and efficient cold storage room or rooms mechanically equipped and operated.
(f) Boiler, compressor, and other machinery.
(g) Storing of supplies.
(h) Toilets, lavatories, and lockers.
(Amended by Stats. 1977, Ch. 579.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 2 - New Construction and Repairs › Section 33733.

33733. A separate room is required for conducting each of the operations which is listed in Section 33732, except that, if any of the functions which are specified in subdivisions (a) to (g), inclusive, of that section are not performed at a milk products plant, there need not be a separate room provided for such function.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 2 - New Construction and Repairs › Section 33734.

33734. Whenever and wherever the functions which are specified in Section 33732 are performed, such performance shall be with equipment which is determined by the director to be stationary by nature and permanently located.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33761.

33761. If any provision of this article is violated by any milk products plant, the milk products plant is insanitary.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33762.

33762. Milk or cream, or any product of milk or cream, shall not be received, by a milk products plant if such milk or cream, or product of milk or cream, comes within any of the following classes:
(a) Is impure, tainted, unclean, adulterated, or unwholesome.
(b) Has reached an advanced stage of fermentation.
(c) Shows a state of putrefactive fermentation.
(d) Contains foreign substances which are detrimental to the quality of the product manufactured from the milk or cream or the product of milk or cream.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33763.

33763. The utensils and apparatus that come in contact with milk or its products shall be thoroughly washed and afterwards sterilized each time they are used by heating them to a temperature above 200 degrees Fahrenheit, or by a chemical or other sterilization process which has been approved by the director and which is used in the manner established by regulation of the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33764.

33764. The cans or other containers in which the milk or milk products are received, transported, or delivered shall be thoroughly washed, sterilized, and dried after emptying and before being sent out to be used again.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33765.

33765. No container, utensil, apparatus, or equipment, except as otherwise provided, shall be used for any purpose other than that of handling milk and the products of milk.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33766.

33766. The inside surfaces of any equipment, apparatus, or container, which comes in contact with milk or its products, shall be smooth and readily cleanable and free of open seams, cracks, or crevices. All openings in covers of tanks, vats, separators or other equipment shall be protected by raised edges or otherwise to prevent the entrance of surface drainage. Every tank in which milk or a milk product is stored shall be equipped with an accurate thermometer. All surface coolers shall be equipped with condensate deflectors and tight-fitting shields.
(Amended by Stats. 1967, Ch. 191.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33766.5.

33766.5. Recirculated cold water which is used in coolers and exchangers shall be obtained from a safe source and protected from contamination. Any freezing point depressant shall be nontoxic. All bottling or packaging machine supply tanks and bowls shall have covers which are constructed to prevent any contamination from reaching the inside of the filler tank or bowl. A drip deflector shall be installed on each filler valve. All conveyors which deliver sterile containers to bottling or packaging facilities shall be afforded overhead protection from contamination. Pasteurized milk and any milk product shall be conducted from one piece of equipment to another only through sanitary piping.
(Added by Stats. 1967, Ch. 191.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33767.

33767. The floor shall be constructed of concrete or other impervious material which is acceptable to the director. It shall be so constructed as to be watertight and so sloped that all drainage will flow to one or more points of drainage. The floors shall be readily cleanable.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33768.

33768. Floor drains shall be provided which are properly trapped to exclude odors and connected to a sewer line that will convey refuse milk, water, and sewage away to a point at least 100 feet distant from the milk products plant.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33769.

33769. No milk, its products, or any filth shall be allowed to accumulate, ferment, or decay upon the floor or walls.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33770.

33770. No species of animal life other than man shall be permitted in any building which is used in connection with any milk products plant.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33771.

33771. No building which is used in connection with any milk products plant shall be used for any purpose except the handling of milk and milk products, equipment, apparatus, or containers of milk or milk products.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33772.

33772. The water supply shall be properly located and constructed so as to be easily accessible, adequately operated, and protected against contamination. The bacterial quality shall conform to standards of the State Board of Public Health for public supplies of drinking water.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33773.

33773. A cesspool, privy vault, hog yard, slaughterhouse, manure, or any decaying vegetable or animal matter shall not be so located as to become a nuisance or to permit foul odors to reach such milk products plant.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33774.

33774. All openings into any milk products plant shall be effectively protected against flies and insects and doors shall be self-closing.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33775.

33775. There shall be sufficient light in each room equivalent to not less than one 50-watt electric light per 100 square feet of floor area, reasonably and efficiently distributed. All rooms shall be adequately ventilated.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33776.

33776. Tight, sound, and cleanable walls and ceilings shall be provided. The walls shall be constructed of nonabsorbent material, acceptable to the director, sufficiently above the floor to take care of any splash and to prevent the flowing or seepage of water or other fluids underneath or between the wall and the floor or supporting members.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33777.

33777. A suitable toilet, with self-closing door, and lavatory facilities, soap, and clean towels shall be provided for employees. A toilet shall not communicate directly with any room which is used for handling milk or its products or with any room which is used for the washing, sterilizing, and storage of containers and supplies.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33778.

33778. The bodies or wearing apparel of persons who are employed or come in contact with any milk or its products shall be kept clean and shall be washed from time to time with reasonable frequency.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33779.

33779. (a) No person who is connected with, or employed in, a milk products plant and liable to come in contact with milk or milk products or the milk products plant operations, shall be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease.
(b) The director, in addition to the authority granted by this section and by Sections 33517, 35862, and 35892, shall require the physical examination and testing of any dairy farm workers or milk products plant employees when there is reasonable cause to believe a worker or employee could be infected with a milk-borne disease.
(Amended by Stats. 1985, Ch. 1166, Sec. 4. Effective September 28, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33780.

33780. No equipment or apparatus shall be installed or maintained in such manner so as to prevent thorough and adequate cleaning of walls and floors.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33781.

33781. A room in which cheese and cheese products are cut, wrapped, and packaged into individual consumer packages shall be maintained in accordance with the sanitary requirements of this chapter. However, foods which do not affect the flavor or quality of the cheese and cheese products and are not maintained in accordance with the sanitary requirements of this chapter may be handled in such a room.
(Added by Stats. 1983, Ch. 423, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 6 - Milk Products Plants › ARTICLE 3 - Milk Products Plant Sanitation › Section 33782.

33782. All of the provisions of this chapter apply to any building or structure in which any product resembling a milk product is manufactured, processed, or compounded. However, food which does not affect the flavor or quality of the products and which is not maintained in accordance with the sanitary requirements of this chapter may be handled in the building or structure.
(Added by Stats. 1983, Ch. 423, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34001.

34001. Pasteurization of milk or a milk product is a process which consists of one of the following:
(a) Uniformly heating milk or a milk product to a temperature of not less than 145 degrees Fahrenheit and of holding it at such temperature for at least 30 minutes, except a milk product which has a higher fat content than milk, or contains added sweeteners, or both, shall be heated to at least 150 degrees Fahrenheit and held at or above this temperature for at least 30 consecutive minutes.
(b) Uniformly heating milk or a milk product to a temperature of at least 161 degrees Fahrenheit and holding it at such temperature for at least 15 seconds, except a milk product which has a higher fat content than milk, or contains added sweeteners, or both, shall be heated to at least 166 degrees Fahrenheit and held at or above this temperature for at least 15 consecutive seconds.
Each such type of heating shall be conducted in approved and properly operated equipment. The milk or milk product shall be immediately cooled to a temperature of not above 50 degrees Fahrenheit after the completion of either of such heatings.
Nothing contained in this chapter shall be construed as prohibiting any other process which has been demonstrated to be equally efficient and is approved by the director.
(Amended by Stats. 1967, Ch. 191.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34001.5.

34001.5. When the term “ultra-pasteurized” is used to describe any milk or milk product, it means that such milk or milk product has been thermally processed, either before or after packaging, in accordance with the ultra-pasteurization requirements of regulations established under the Federal Food, Drug and Cosmetic Act, so as to produce a product which has an extended shelf life under refrigerated conditions.
The installation and use of any ultra-pasteurization equipment shall be subject to the approval of the director.
(Added by Stats. 1975, Ch. 685.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34002.

34002. If the process of ripening or starting is to be commenced immediately, each of the following shall be cooled to a degree no lower than necessary for such ripening or starting:
(a) Cream which is pasteurized for use and which is used in the manufacture of butter.
(b) Milk which is pasteurized for use and which is used in the manufacture of cheese.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34003.

34003. In the process of producing cream from market milk which is to be used as market cream or for the standardization of market milk, such cream may be heated to a temperature of not to exceed 165 degrees Fahrenheit and immediately cooled to a temperature of 50 degrees Fahrenheit or less. Such heat treatment shall not prevent the subsequent pasteurization of such cream.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34004.

34004. Pasteurized skim milk, which is derived from market milk and which is used for standardizing pasteurized market milk, may be repasteurized once.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34005.

34005. Market cream which has not been packaged for distribution to consumers may be repasteurized once.
(Enacted by Stats. 1967, Ch. 15.)