reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31753.

31753. A rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in a public or private shelter shall be held for the same period of time, under the same requirements of care, and with the same opportunities for redemption and adoption by new owners or nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organizations as provided for cats and dogs. The public or private shelter may enter into cooperative agreements with animal rescue or adoption organizations regarding rabbits that are equivalent to those cooperative agreements authorized in Section 31108 regarding dogs and Section 31752 regarding cats. Section 17006 shall also apply to these animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section.
(Amended by Stats. 2017, Ch. 740, Sec. 1. (AB 485) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31754.

31754. (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752, and shall be available for owner redemption or adoption for the entire holding period.
(b) Notwithstanding subdivision (a), kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption.
(c) This section shall become operative on July 1, 2002.
(Amended (as added by Stats. 1998, Ch. 752, Sec. 16.5) by Stats. 2000, Ch. 567, Sec. 7.5. Effective January 1, 2001. Section operative July 1, 2002, by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 2 - Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons › Section 31760.

31760. (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 31751) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons.
(b) Except as otherwise provided in this chapter, no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away any cat that has not been spayed or neutered.
(c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d).
(d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following:
(1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed.
(2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section.
(e) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.
(Added by Stats. 1998, Ch. 747, Sec. 8. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 2 - Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons › Section 31761.

31761. (a) A spaying or neutering deposit may be either of the following:
(1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization.
(2) A deposit that is both of the following:
(A) Refundable to the recipient if proof of spaying or neutering of the cat is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the cat is spayed or neutered.
(B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days.
(b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75).
(c) All spaying or neutering deposits forfeited or unclaimed under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes:
(1) A program to spay or neuter dogs and cats.
(2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government.
(3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760.
(4) Any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter.
(Added by Stats. 1998, Ch. 747, Sec. 8. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 2 - Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons › Section 31763.

31763. (a) (1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a civil penalty of not less than one hundred dollars ($100) on any second or subsequent violation of subdivision (b).
(2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction.
(b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does any of the following:
(1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter.
(2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter.
(3) Submits to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group false information regarding sterilization fees or fee schedules.
(4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter.
(c) All penalties collected under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 31761.
(Added by Stats. 1998, Ch. 747, Sec. 8. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 2 - Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons › Section 31764.

31764. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter.
(Added by Stats. 1998, Ch. 747, Sec. 8. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 2 - Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons › Section 31764.5.

31764.5. (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid driver’s license or identification card with the word “VETERAN” printed on its face pursuant to Section 12811 of the Vehicle Code.
(b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period.
(Added by Stats. 2019, Ch. 205, Sec. 5. (SB 245) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 2 - Special Provisions Applicable to Counties With a Population of Less Than 100,000 Persons › Section 31765.

31765. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered.
(Added by Stats. 1998, Ch. 747, Sec. 8. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.8 - ANIMALS › PART 1 - Animal Facilities and Shelters › Section 32000.

32000. The selling or giving away of any animal to any facility subject to the provision of Public Law 89, Chapter 544, of the 89th Congress, Second Session (7 U.S.C. Sec. 2131 et seq.) shall be conditioned upon compliance by the facility with the provisions of that law, and that selling or giving away shall be exempt from Sections 30503 and 31751.
(Amended by Stats. 1985, Ch. 1290, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.8 - ANIMALS › PART 1 - Animal Facilities and Shelters › Section 32001.

32001. (a) All public animal shelters shelters operated by societies for the prevention of cruelty to animals, and humane shelters, that contract to perform public animal control services, shall provide the owners of lost animals and those who find lost animals with all of the following:
(1) Ability to list the animals they have lost or found on “Lost and Found” lists maintained by the animal shelter.
(2) Referrals to animals listed that may be the animals the owners or finders have lost or found.
(3) The telephone numbers and addresses of other animal shelters in the same vicinity.
(4) Advice as to means of publishing and disseminating information regarding lost animals.
(5) The telephone numbers and addresses of volunteer groups that may be of assistance in locating lost animals.
(b) The duties imposed by this section are mandatory duties for public entities for all purposes of the Government Code and for all private entities with which a public entity has contracted to perform those duties.
(Amended by Stats. 2019, Ch. 7, Sec. 10. (AB 1553) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.8 - ANIMALS › PART 1 - Animal Facilities and Shelters › Section 32003.

32003. All public and private animal shelters shall keep accurate records on each animal taken up, medically treated, or impounded. The records shall include all of the following information and any other information required by the California Veterinary Medical Board:
(a) The date the animal was taken up, medically treated, euthanized, or impounded.
(b) The circumstances under which the animal was taken up, medically treated, euthanized, or impounded.
(c) The names of the personnel who took up, medically treated, euthanized, or impounded the animal.
(d) A description of any medical treatment provided to the animal and the name of the veterinarian of record.
(e) The final disposition of the animal, including the name of the person who euthanized the animal or the name and address of the adopting party. These records shall be maintained for three years after the date on which the animal’s impoundment ends.
(Amended by Stats. 2019, Ch. 7, Sec. 11. (AB 1553) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.8 - ANIMALS › PART 2 - California Veterinary Emergency Team Program › Section 32100.

32100. This part shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university.
(Added by Stats. 2021, Ch. 144, Sec. 72. (AB 132) Effective July 27, 2021.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.8 - ANIMALS › PART 2 - California Veterinary Emergency Team Program › Section 32101.

32101. (a) The University of California, Davis, School of Veterinary Medicine shall develop a program called the California Veterinary Emergency Team. The program shall assist in the support and training of a network of government agencies, nongovernmental organizations, and individuals to assist in the evacuation and care of household and domestic animals and livestock in emergencies statewide, including disaster preparedness, response, recovery, and mitigation. The program shall also conduct or support research on best practices for the evacuation and care of the animals in disasters.
(b) The program shall ensure that the training and the care provided by or coordinated by the program are at levels that are consistent with those standards generally accepted within the veterinary profession. The program shall deploy responders to oversee the network volunteers and ensure accepted practices are implemented in the field during emergencies.
(c) The University of California, Davis, School of Veterinary Medicine, the secretary, and the Director of Emergency Services shall develop a memorandum of understanding for the university to consult with the secretary and the director regarding the coordination of the program’s activities with the state government’s disaster response practices and the deployment of the program’s participants during disasters. The memorandum of understanding shall outline program metrics.
(d) The program shall provide a progress report every three years on the activities outlined in the memorandum of understanding to the secretary and the Director of Emergency Services.
(e) For purposes of this part, “program” means the California Veterinary Emergency Team.
(Added by Stats. 2021, Ch. 144, Sec. 72. (AB 132) Effective July 27, 2021.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.8 - ANIMALS › PART 2 - California Veterinary Emergency Team Program › Section 32102.

32102. Funds made available for purposes of this part shall not be considered an offset to any other state funds appropriated to the University of California.
(Added by Stats. 2021, Ch. 144, Sec. 72. (AB 132) Effective July 27, 2021.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32501.5.

32501.5. There is within the Department of Food and Agriculture the Milk and Dairy Food Safety Branch.
(Added by Stats. 2003, Ch. 726, Sec. 3. Effective January 1, 2004.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32503.

32503. “Approved milk inspection service” means a milk inspection unit and laboratory which are maintained in connection with a county for the purpose of grading market milk and inspecting dairy farms which are producing market milk, or in connection with a county or city for the purpose of inspecting establishments as provided for in Section 33704, within an area which is designated and assigned by the director, conformable to this division and the regulations established by the director, which inspection service has been approved in writing by the director.
(Amended by Stats. 1985, Ch. 445, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32504.

32504. “Cream” means that portion of milk, rich in milk fat, which rises to the surface of milk that is left standing or which is separated from milk by centrifugal force.
(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 1 - Short Title and Definitions › Section 32505.

32505. “Dairy farm” means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or water buffalo, or six goats, sheep, or other hooved mammals, are in lactation.
(Amended by Stats. 2004, Ch. 460, Sec. 9. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32506.

32506. “Dairy farm scorecard” means the card which is adopted by the director pursuant to Section 32791 for the official scoring of dairy farms.
(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 1 - Short Title and Definitions › Section 32510.

32510. “Market milk” means milk which conforms to the standards which are provided in Chapter 2 (commencing with Section 35751), Part 2, of this division. Market milk includes components and derivatives of market milk. Market milk may be supplied to the consumer in the fluid state or may also be utilized in the manufacture of milk products.
(Amended by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32511.

32511. “Milk” means the unadulterated lacteal secretion which is obtained from the udder of a cow, water buffalo, goat, sheep, or other hooved mammal.
(Amended by Stats. 2004, Ch. 460, Sec. 10. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32512.

32512. “Milk product” or “dairy product” means any product which is prepared or manufactured from milk, for which product a standard of composition is established by this division, and any new milk product or combination milk and food product for which a temporary standard of composition is established pursuant to Chapter 1 (commencing with Section 36601) of Part 3. “Milk product” or “dairy product” does not include “products resembling milk products” as defined in Section 38912.
(Amended by Stats. 1978, Ch. 613.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32513.

32513. “Milk products plant” means any place in which a person engages in the business of handling, receiving, manufacturing, freezing, processing, or packaging milk, or any product of milk or engages in the business of manufacturing, freezing, or processing imitation ice cream or imitation ice milk. “Milk products plant” does not include a properly licensed retail food facility that does either of the following:
(a) Packages dairy products in the presence of the consumer.
(b) Cuts, wraps, and packages cheese, excluding cottage cheese, that is purchased from a licensed manufacturer of milk products, labels the products pursuant to all applicable state and federal laws, and sells the product only to consumers on the premises of the retail food facility.
(Amended by Stats. 2012, Ch. 323, Sec. 3. (AB 2682) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32514.

32514. “Milk products plant scorecard” means the card which is adopted by the director pursuant to Section 32791 for the official scoring of milk products plants.
(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 1 - Short Title and Definitions › Section 32515.

32515. “Pasteurized” means that the milk or milk product has been subjected to a process which is described in Chapter 8 (commencing with Section 34001) of this part, or other process which has been demonstrated to be equally efficient and has been approved by 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 1 - Short Title and Definitions › Section 32516.

32516. “Product of milk” means milk product as set forth in Section 32512 of this division.
(Added by Stats. 1967, Ch. 9.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 1 - Short Title and Definitions › Section 32516.5.

32516.5. “Restricted use market milk” means market milk that does not conform to the standards specified in Article 2 (commencing with Section 35781), Article 13 (commencing with Section 36091), and Article 14 (commencing with Section 36123) of Chapter 2 of Part 2. Restricted use market milk includes components and derivatives of restricted use market milk. Restricted use market milk may only be utilized in manufactured milk products as defined in Part 3 (commencing with Section 36601) that do not require the use of market milk.
(Added by Stats. 1996, Ch. 759, Sec. 1. 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 2 - Powers of Director › ARTICLE 1 - Enforcement › Section 32701.

32701. The director shall, and representatives of approved milk inspection services under his general supervision may, enforce 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 2 - Powers of Director › ARTICLE 1 - Enforcement › Section 32702.

32702. The director may bring an action to enjoin any violation or threatened violation of any provision of this division, in the superior court in and for the county in which the violation occurred or is about to occur.
(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 2 - Powers of Director › ARTICLE 1 - Enforcement › Section 32703.

32703. Any proceeding pursuant to this article shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.
(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 2 - Powers of Director › ARTICLE 1 - Enforcement › Section 32704.

32704. Any money in the Department of Agriculture Fund which is derived under this division may be expended for the enforcement of any or all of the provisions of this division, notwithstanding any other provision of law, except Section 35252, which limits the expenditure of any such money to some specific purpose or to the enforcement of some specific section, article, or chapter of 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 2 - Powers of Director › ARTICLE 2 - Inspection and Samples › Section 32731.

32731. The director may do all of the following:
(a) Enter and inspect any premises or conveyance where any provision of this division is applicable.
(b) Take a sample of any milk, cream, product of milk or cream, or product resembling milk products.
(c) Impound and hold for analysis or as evidence any milk, cream, product of milk or cream, or product resembling milk products.
(d) Impound and hold for analysis or as evidence any container of milk, cream, or product of milk or cream.
(e) Examine, inspect, test or by other means determine the health of any cow or goat.
(f) Exclude from the herd any animal which produces milk that is unfit for human consumption.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 2 - Inspection and Samples › Section 32732.

32732. No prosecution which is based upon a sample of milk, cream, a product of milk or cream, or a product resembling milk products shall be had unless a duplicate of the sample is left with the accused.
Samples which are taken in connection with the establishment of proof of fraudulent manipulation of the tests for the basis of payment for milk or cream, need not, however, be given to the accused.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 2 - Inspection and Samples › Section 32733.

32733. Samples of milk, milk products, and products resembling milk products to be tested for coliform bacteria shall be taken at the plant where packaged or from delivery vehicles owned or operated by the plant.
Sampling procedures and laboratory methods for the determination of coliform bacteria shall be established by regulations issued by the director to insure accuracy of the sampling.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 2 - Inspection and Samples › Section 32734.

32734. (a) In addition to any other provision of law, the secretary shall require inspections at least quarterly of all milk products plants that pasteurize milk or milk products, manufacture cheese, or manufacture raw milk cheese. The inspection procedures shall include sanitation inspections and pasteurization equipment controls and tests, where applicable. The procedure shall include, but is not limited to, all of the following:
(1) Review of all pasteurization records required pursuant to Sections 34007, 34064, and 34065.
(2) Inspection and testing of all pasteurization equipment to ensure its cleanliness and proper operating condition.
(3) Inspection of all equipment, facilities, raw milk and milk products handling practices, and surroundings to ensure adequate sanitation.
(4) Sampling and testing of raw products and processed milk products.
(b) The findings of all inspections, sample results, controls, and tests shall be prepared in writing by the inspector and submitted to the secretary.
(c) Milk products plants that have been approved to use Hazard Analysis Critical Control Points (HACCP) procedures under the auspices of the National Conference of Interstate Milk Shipments, or a state or federal regulatory agency, may adhere to the inspection protocol of the HACCP regulatory enforcement procedures.
(Amended by Stats. 2005, Ch. 222, Sec. 1. 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 2 - Powers of Director › ARTICLE 3 - Animals Carrying Pesticide Residues › Section 32741.

32741. If the director determines that any female dairy animal, including any goat, is carrying pesticide residues in its body or has been fed any feed which contains an amount of pesticide residues which will cause the milk produced from the animal to be adulterated with pesticide residues, he may order the animal to be held on the premises where it is found until he has determined that milk produced by the animal is not adulterated with pesticide residues.
(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 2 - Powers of Director › ARTICLE 3 - Animals Carrying Pesticide Residues › Section 32742.

32742. It is unlawful for any person to move any such animal except under written permission of the director and in accordance with the conditions stated in such written permission, or until the hold order has been revoked.
(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 2 - Powers of Director › ARTICLE 3 - Animals Carrying Pesticide Residues › Section 32743.

32743. The director shall notify the owner or agent of any animal which is ordered held, or for which he has specified conditions for moving, pursuant to 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 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32761.

32761. The director may condemn any of the following:
(a) Milk or cream which is found to be impure, tainted, unclean, adulterated, or unwholesome.
(b) Milk or cream that is produced, handled, or kept in an insanitary place.
(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 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32761.5.

32761.5. The director shall test milk and milk products for the presence of drug residues. The director may adopt, by regulation, official drug residue testing methods and procedures for industry testing of raw milk from all bulk raw milk pickup tankers, prior to processing, for the presence of beta-lactam drugs and for other drug residues, as determined by the director. The director shall adopt, by regulation, official drug residue testing methods used for the detection of drug residue in farm bulk milk tanks, bulk milk pickup tankers, and milk and milk products in processing plants, wholesale outlets, and retail outlets.
(Amended by Stats. 1993, Ch. 679, Sec. 1. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32762.

32762. The director may mark any condemned milk or cream for identification.
(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 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32763.

32763. The director shall prescribe the method of marking condemned milk or cream for identification but shall not, in marking condemned milk or cream, add any substance to it which shall render the condemned milk or cream unsuitable for a use or purpose except human consumption.
(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 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32764.

32764. Condemned milk or cream which has been marked for identification shall be returned to the producer of the milk or cream, if requested by the producer, or shall be used in the manufacture of products other than products which are used for human consumption, or shall be destroyed. Such condemned milk or cream which has been marked for identification shall not be destroyed until the producer of the milk or cream has been notified. Upon such notification the producer shall immediately request the milk or cream be returned to him at his expense or request that it be destroyed.
(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 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32765.

32765. The director may condemn any product of milk or cream or product resembling a milk product which is within any of the following classes:
(a) Impure, unclean, unwholesome, or stale.
(b) Produced or manufactured, handled, or kept in an insanitary place.
(c) Adulterated or mislabled.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32766.

32766. The director may destroy or mark for identification with a nontoxic substance, any condemned product of milk or cream or product resembling a milk product.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 4 - Condemnation › Section 32767.

32767. No manufactured product of milk or cream or product resembling a milk product may be destroyed by the director without due notice to the owner of the product, and a hearing before the director or an officer designated by him.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 5 - Reports, Scorecards and Statistics › Section 32791.

32791. The director shall adopt a dairy farm scorecard and a milk products plant scorecard for the official scoring of dairies and milk products plants. The director shall, either directly or indirectly through his authorized agents or those of an approved milk inspection service, do all of the following:
(a) Inspect dairy farms and milk products plants.
(b) Conduct or supervise milk scoring or other contests if deemed advisable by 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 2 - Powers of Director › ARTICLE 5 - Reports, Scorecards and Statistics › Section 32792.

32792. The director shall do all of the following:
(a) Collect, compile, and publish statistics relative to the dairy industry, oleomargarine, and products resembling milk products.
(b) Disseminate the statistics and other information useful to the general good and development of the dairy industry of the state.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 5 - Reports, Scorecards and Statistics › Section 32793.

32793. The director shall provide blanks for reporting statistics on milk and milk products and on products resembling milk products. He shall, on or before the first of each month, cause to be mailed to each person that is engaged in operating any milk products plant, any plant in which products resembling milk products are manufactured, and to each market milk distributor such number of the blanks as may be necessary. Each person that is engaged in operating any such plant, or that is a market milk distributor shall, within 30 days after the blank is mailed to him, transmit to the director a full and accurate report of the amount of milk and milk products and products resembling milk products which he produced, purchased, manufactured or distributed during the preceding month.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 5 - Reports, Scorecards and Statistics › Section 32794.

32794. In addition to the monthly report, the director may require annual, semiannual, or quarterly reports of the same general character as the monthly report.
(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 2 - Powers of Director › ARTICLE 6 - Suspension or Revocation of Licenses or Permits › Section 32811.

32811. Any license or permit that is issued pursuant to this division, may be suspended or revoked by the director, after a hearing before the director if, within 30 days after written notice, the licensee or permittee fails to comply with the laws and regulations under which the license or permit was granted, fails or refuses to complete a drug residue prevention program, or has been found to have produced milk in violation of the drug residue provisions of this chapter on three or more occasions within a 12-month period. The licensee or permittee shall have written notice of the time and place of the hearing and the charges that are made against him or her.
(Amended by Stats. 1993, Ch. 679, Sec. 1.3. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 6 - Suspension or Revocation of Licenses or Permits › Section 32812.

32812. Thirty days’ notice is not required before a license or permit may be suspended or revoked by the director where the premises or appurtenances of the licensee or permittee are in a manifestly insanitary condition nor in cases of manipulation by the licensee or permittee of pasteurization equipment, pasteurizer, recording and indicating thermometer charts or pasteurization temperature control devices, measures, weights, samples, or tests for milk constituents or bacterial, or somatic cell counts of milk or cream upon which payment is based, or the record of such tests or in any instance where the director determines there is an imminent or substantial danger to public health.
(Amended by Stats. 1986, Ch. 800, Sec. 1. Effective September 15, 1986.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 2 - Powers of Director › ARTICLE 6 - Suspension or Revocation of Licenses or Permits › Section 32813.

32813. The proceedings for the suspension or revocation of a license or permit shall be conducted pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. The director shall have all the powers granted in such 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 2 - Powers of Director › ARTICLE 6 - Suspension or Revocation of Licenses or Permits › Section 32814.

32814. (a) In addition to any other penalty or fine prescribed by law, including, but not limited to, denial, suspension, or revocation of any license, permit or registration pursuant to Sections 236 and 32811, a dairy producer found to have produced milk in violation of the drug residue provisions of this chapter shall be subject to a civil penalty as follows:
(1) For the first drug residue violation in a 12-month period that caused the condemnation of a bulk raw milk pickup tanker load, the dairy producer responsible for the condemnation shall be subject to a penalty of two hundred fifty dollars ($250).
(2) For the second or subsequent drug residue violation in a 12-month period that caused the condemnation of a bulk raw milk pickup tanker load, the dairy producer responsible for the condemnation shall be subject to a penalty not to exceed five hundred dollars ($500).
(b) In addition to the penalties specified in subdivision (a), a dairy producer found to have produced milk in violation of the drug residue provisions of this chapter shall complete a drug residue prevention program, as prescribed by the secretary, within 30 days after receipt of written notice.
(c) In addition to the penalties specified in subdivisions (a) and (b), a dairy producer whose drug residue contaminated milk is responsible for the condemnation of a bulk raw milk pickup tanker load shall be civilly liable to all other producers with milk in the same bulk raw milk pickup tanker load for the full value of their portion of the contaminated milk load.
(d) In addition to the penalties specified in subdivisions (a), (b), and (c), a dairy producer found to have produced milk in violation of the drug residue provisions of this chapter shall be liable to the department for reasonable investigation and enforcement costs, including attorney’s fees.
(e) Nothing in this section shall be construed to limit the secretary’s discretion to impose any one, or all, or any combination of remedies or penalties available by statute or regulation.
(Amended by Stats. 2004, Ch. 436, Sec. 1. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32901.

32901. It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive any milk, cream, product of milk or cream, imitation milk, imitation cream, product resembling a milk product, or any substitute for any milk product which does not conform to the standards which are established by this division. It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive as, or for, milk or cream any product which is prepared or manufactured by the mixing or blending of milk, skim milk, or any of the derivatives of milk or skim milk, with butter.
(Amended by Stats. 1968, Ch. 1250.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32902.

32902. It is unlawful for any person to sell, for human consumption as cow’s milk, any goat’s milk or any mixture of cow’s milk and goat’s milk. It is unlawful for any person to sell for human consumption as goat’s milk, any cow’s milk or any mixture of goat’s milk and cow’s 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 3 - General Requirements › Section 32903.

32903. It is unlawful for any person to sell any milk, or any product of milk, from cows or goats that have not negatively passed a tuberculin test applied regularly in accordance with regulations of the department by one of the following:
(a) A veterinarian in the employ of the department.
(b) A veterinarian of the United States Department of Agriculture.
(c) A veterinarian approved by the department and accredited by the United States Department of Agriculture.
In the case of cows or goats which are producing milk that is to be used as raw market milk, “tuberculin test applied regularly” means at least once annually.
(Amended by Stats. 1979, Ch. 771.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32903.5.

32903.5. It is unlawful for any person to sell any milk, or any product of milk, from cows or goats that are reactors to a brucellosis test applied in accordance with the law and regulations of the department.
(Added by Stats. 1979, Ch. 771.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32904.

32904. If reacting animals are found they shall be removed from the herd immediately by the owner and kept separate and apart from other cattle or goats and disposed of in accordance with the provisions of Part 2 (commencing with Section 9801) of Division 5.
(Amended by Stats. 1979, Ch. 771.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32905.

32905. Milk or any milk product may be sold in this state in the following cases:
(a) If such milk or milk product was produced in a modified accredited or modified certified area or their equivalent within the United States.
(b) If, in the case of any milk product which was produced in a foreign country, satisfactory evidence is presented which indicates its origin from nonreacting tuberculin or brucellosis tested animals.
(Amended by Stats. 1979, Ch. 771.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32906.

32906. It is unlawful for any person to sell, give away, or deliver, or to knowingly purchase or receive any impure, polluted, tainted, unclean, unwholesome, stale or adulterated milk or cream, or any product which is manufactured wholly or in part from such 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 3 - General Requirements › Section 32907.

32907. It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive any milk or any product of milk which has been produced or handled in or by a dairy farm, milk products plant, carrier, store, or depot, that is in an insanitary condition.
(Amended by Stats. 1967, Ch. 9.)