reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61823.

61823. “Bulk market milk” means market milk which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other consumer packages, and is handled or delivered, in bulk, in tanks, cans, or other bulk containers.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61824.

61824. “Consumer” means any person that purchases market milk, or any dairy product for consumption.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61825.

61825. “Dairy product” or “milk product” includes any product manufactured from milk or any derivative or product of milk.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61826.

61826. “Handler” means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise acquires ownership, possession, or control of market milk in unprocessed or bulk form from a producer, a producer-handler, or another handler for the purpose of manufacture, processing, sale, or other handling, regardless of whether such market milk is produced within or outside this state.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61827.

61827. “Market cream” means cream, as defined in this code, and any combination of cream and milk, or any fluid product of milk or cream sold under any trade name whatsoever, which complies with all of the following requirements:
(a) Is not packaged in hermetically sealed containers.
(b) Conforms to the health and sanitary regulations of the place where it is sold or disposed of for human consumption.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61828.

61828. “Market milk” has the meaning of that term as defined in Section 32510 and has the same meaning as “restricted use market milk” as defined in Section 32516.5. Unless the context otherwise indicates, “market milk” includes market cream, the components and derivatives of market milk, and dairy products manufactured from market milk or its components and derivatives.
(Amended by Stats. 1996, Ch. 759, Sec. 22. Effective January 1, 1997.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61829.

61829. “Market skim milk” means skim milk, as defined in this code, that is derived from market milk and conforms to the health and sanitary regulations of the place where sold or disposed of for human consumption.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61830.

61830. “Marketing area” is any area within this state declared to be such in the manner that is prescribed in this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61831.

61831. “Milk” has the meaning of that term as defined in Section 32511.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61831.5.

61831.5. “Milk used for manufacturing purposes” means all milk used for those products defined in Part 3 (commencing with Section 36601) of Division 15.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61832.

61832. “Milk plant” means any place, structure, or building where a handler receives market milk.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61833.

61833. “Packaged market milk” or “packaged market cream” means market milk or market cream respectively, which is packaged in cartons, bottles, dispenser cans, or other consumer packages, for sale to wholesale customers, or consumers.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61834.

61834. “Person” means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit or organization.
(Amended by Stats. 1994, Ch. 1010, Sec. 130. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61835.

61835. “Processing” means receiving, pasteurizing, and packaging market milk. It includes the manufacturing of milk products from market milk.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61836.

61836. “Producer” means any person that produces market milk from five or more cows in conformity with the applicable health regulations of the place in which it is sold, and whose bulk market milk is received, acquired, or handled by any handler or any nonprofit association of producers. It includes the nonprofit cooperative associations described in Article 3 (commencing with Section 61871) of this chapter in the transactions in which such article provides that the associations are producers.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61837.

61837. “Producer-handler” means any person that is both a producer and a handler of market milk. For the purposes of this chapter a producer-handler is a producer in any transaction which involves the sale or delivery of bulk market milk which was produced by him to a handler or to any nonprofit cooperative association of producers, and is a handler in any transaction which involves the purchase, acquisition or receipt by him of market milk, the pasteurization or packaging of market milk, or the sale or delivery of packaged market milk to any person.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61838.

61838. “Stabilization and marketing plan” means any plan formulated and made effective by the director within the legislative standards provided by this chapter. It includes, among other things, the establishing of prices to be paid by handlers for any or all of the various classes of market milk.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 2 - Definitions › Section 61839.

61839. “Wholesale customer” means any person except a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other wholesale customers.
(Amended by Stats. 1982, Ch. 751, Sec. 27.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 3 - Nonprofit Cooperative Associations › Section 61871.

61871. For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20, that acts for producers, including members and any nonmembers of the association, to whom it accounts on a patronage basis, is a producer in any of the following transactions:
(a) Any transaction which involves its receipt or handling of bulk market milk produced or delivered by such producers.
(b) Any transaction which involves the sale or delivery of bulk market milk to any producer, handler, or manufacturer, or other nonprofit cooperative association of producers.
(c) The receipt by it of payment for bulk market milk, packaged market milk, or any other product of market milk produced or delivered by such producers.
(d) Any transaction in connection with accounting to such producers for the proceeds derived from the sale or marketing of bulk market milk, packaged market milk, or any other product of market milk produced or delivered by such producers.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 3 - Nonprofit Cooperative Associations › Section 61872.

61872. For the purposes of this chapter, a nonprofit cooperative association organized and existing under Chapter 1 (commencing with Section 54001) of Division 20, that acts for producers, including members and any nonmembers of the association, to whom it accounts on a patronage basis, is a handler in any transaction which involves the receipt by it of market milk from any person other than a producer to whom it accounts on a patronage basis and in any transaction which involves the pasteurization of bulk market milk or the packaging of it in bottles, cartons, dispenser cans, or other consumer packages, or the sale or delivery of packaged market milk.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 3 - Nonprofit Cooperative Associations › Section 61873.

61873. A nonprofit cooperative association accounts to producers on a patronage basis when it accounts to each producer for his share of the net proceeds derived from the marketing operations of the association, according to quantity and quality of market milk furnished to the association for marketing and according to any marketing pools and quotas established by the association.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61891.

61891. The director shall enforce the provisions of this chapter and of any stabilization and marketing plan initiated pursuant to the provisions of this chapter. The director shall adopt those regulations necessary for the proper administration and enforcement of the provisions of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61892.

61892. The director shall have and may exercise any or all the powers conferred by the Government Code upon the head of a department of the state with respect to hearings and investigations under this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61893.

61893. The director is the instrumentality of this state for the purpose of administering and enforcing the provisions of this chapter and to execute the legislative intent expressed in this chapter, and is hereby vested with the administrative authority described in this chapter. Notwithstanding other laws to the contrary, in the event a milk marketing order under the jurisdiction of the United States Department of Agriculture or other appropriate federal agency, is created by referendum or under the applicable laws and procedures relating thereto, in this state or in any geographical area within this state, the provisions of this chapter or any part thereof which is in conflict with such federal order, or which is unnecessary or is a duplication thereof, shall be suspended in the geographical area covered by and during the existence of such federal order. The director shall take such steps and procedures as are necessary to wind up and conclude the administration and enforcement of the provisions of this chapter, or any part thereof, for the period prior to the suspension date.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61894.

61894. For the purposes of enforcing this chapter, the director may investigate any and all transactions, between producers and handlers, between nonprofit cooperative associations and producers, among handlers, or between handlers and wholesale customers, among wholesale customers, between handlers and consumers, or between wholesale customers and consumers. For that purpose, the director shall have access to, and may enter at all reasonable hours, any place where market milk is being stored, bottled, or manufactured, where market milk or any market milk product is being bought, sold, or handled, or where the books, papers, records, or documents which relate to those transactions are kept. He may inspect and copy those books, papers, records, or documents in any place within the state.
(Amended by Stats. 1982, Ch. 751, Sec. 28.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61896.

61896. The director may formulate any stabilization and marketing plan as prescribed in this chapter and declare it effective after public hearing and reasonable notice by mail or otherwise to all producers, handlers, and consumer organizations who have filed requests with the director or the Director of Consumer Affairs.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61897.

61897. A full and accurate record of business or acts performed, or of testimony taken, by the director pursuant to this chapter shall be kept and placed on file in the office of the director.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61898.

61898. In addition to the compilation of information which pertains to market milk from the reports required by this chapter, the director shall collect, assemble, compile, and distribute statistical data relative to market milk, other milk and milk products, and such other information as may relate to the dairy industry and the provisions of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61899.

61899. Any order of the director made pursuant to this chapter which substantially affects the rights of any interested party may be reviewed by any court of competent jurisdiction. Any such action shall be commenced within 30 days after the effective date of the order complained of, or within 30 days after the injurious effect complained of becomes reasonably apparent.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61900.

61900. The director may confer, enter into agreements, or otherwise arrange with the constituted authorities of this state, other states, or agencies of the United States with respect to plans which relate to the stabilization and distribution of market milk within this state or as between this state and other states or the United States, and may exercise his powers pursuant to this chapter to effectuate and enforce such plans.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61901.

61901. All money received by the director pursuant to this chapter shall be paid monthly into the State Treasury to the credit of the Department of Food and Agriculture Fund. Funds which are so collected may only be used to defray expenses in connection with the administration of this chapter, Chapter 1 (commencing with Section 61301), and Chapter 2.5 (commencing with Section 62500).
(Amended by Stats. 1987, Ch. 1074, Sec. 14. Effective September 24, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61902.

61902. If the director determines that it is probable that one or more factors or conditions which affect prices of market milk have changed on a relatively uniform basis throughout two or more marketing areas, he may consolidate the hearings on the matter of price changes for such areas. No price change shall be made as a result of such a consolidated hearing unless the amount of the change or the resulting prices are uniform throughout the areas which are affected.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61903.

61903. Any person who has testified under oath at a public hearing held by the director pursuant to this chapter may be granted, upon request prior to the close of the hearing, a period of time not to exceed 10 calendar days following the closing date of the public hearing, in which to file with the director a written posthearing brief in amplification, explanation, or withdrawal of that person’s testimony. Any such posthearing brief shall be made available by the director to any interested person for inspection. Except as herein provided, the director, in formulating any stabilization and marketing plan, pursuant to this chapter, following a public hearing, shall not accept or consider any posthearing brief. Nothing in this section shall require the director to prepare, or to make available, any verbatim transcript or other record or summary of the hearing within the 10-calendar-day period referred to in this section. However, any verbatim transcript or other record or summary of the hearing prepared for or by the director shall be made available to any interested party for inspection at the office of the director in Sacramento and, upon reasonable request, at the regional office of the director nearest the location at which the public hearing was held.
(Amended by Stats. 1983, Ch. 261, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 4 - Administration › Section 61904.

61904. Any provisions of a stabilization and marketing plan formulated, established, or rejected by the director pursuant to this chapter, shall be accompanied by written statements, which shall be made available by the director to any interested person upon request, stating in substance the considerations upon which such plan provisions and minimum prices are based, or upon which such provisions and prices were rejected.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 5 - Classes of Market Milk › Section 61931.

61931. Market milk may be classified for the purposes of this chapter as provided in this article.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 5 - Classes of Market Milk › Section 61932.

61932. Class 1 comprises:
(a) Any market milk, market skim milk, half-and-half, or concentrated milk that is supplied to consumers in the fluid state, with the exception of the following:
(1) (A) Any UHT market milk product, as defined in Chapter 9 (commencing with Section 39701) of Part 3 of Division 15, that is sold for use outside the state.
(B) Any market milk products that are ultrapasteurized and sold for use outside the 48 contiguous states in the United States.
(2) Any market half-and-half that is ultrapasteurized and packaged in hermetically sealed containers.
(3) Any market half-and-half that is packaged in presterilized containers under aseptic conditions to meet the marketing requirements for these products in states other than this state. However, this paragraph does not authorize the sale within this state of any milk product as a UHT product unless the product meets the standards and requirements for UHT products specified in Chapter 9 (commencing with Section 39701) of Part 3 of Division 15.
(b) Any market milk, market skim milk, or market cream that is used in any other milk product, or products resembling milk products, in which the use of market milk, or any components or derivatives of market milk, is required by, or pursuant to, this code, except any product defined in Section 61933 as class 2.
(c) Any market milk, market skim milk, market cream, market milk fat, or market milk solids-not-fat that is used in the standardizing or fortifying of any milk product that is defined in this section as class 1.
(d) Any market milk, market skim milk, or market cream that is used in any product not otherwise classified, which is required by any regulations adopted by the director pursuant to Article 2 (commencing with Section 36631) of Chapter 1 of Part 3 of Division 15 to be made from market milk or any components or derivatives of market milk.
(e) Any market milk, market skim milk, market cream, market milk fat, or market milk solids-not-fat used in any filled product or imitation milk product, when the product imitated or resembled, is defined in this section as class 1.
(Amended by Stats. 1993, Ch. 36, Sec. 6. Effective June 22, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 5 - Classes of Market Milk › Section 61933.

61933. Class 2 comprises any market milk, market skim milk, or market cream used in the manufacture of market cream, homogenized market cream, sour cream, sour cream dressing, sour half-and-half or light sour cream, uncreamed, creamed, or partially creamed cottage cheese, soft fresh cheese (fromage frais), buttermilk, kefir, and yogurt. Class 2 also comprises any market milk, market skim milk, or market cream used in the manufacture of any product for which a definition and standard is prescribed in Division 15 (commencing with Section 32501), except any product that is included in class 1, class 3, class 4a, or class 4b.
(Amended by Stats. 2012, Ch. 323, Sec. 4. (AB 2682) Effective January 1, 2013.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 5 - Classes of Market Milk › Section 61934.

61934. Class 3 comprises all market milk, market skim milk, or market cream used in the manufacture of frozen dairy products.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 5 - Classes of Market Milk › Section 61935.

61935. (a) Class 4a comprises all market milk, market skim milk, or market cream used in the manufacture of butter, dried milk, dried skim milk, nonfat dry milk solids, defatted milk solids, dried buttermilk, and all market milk, market skim milk, or market cream which is supplied to consumers as condensed milk, condensed skim milk, evaporated skim milk, evaporated cream or clotted cream, or evaporated milk, and any milk products which are UHT products, as defined in Chapter 9 (commencing with Section 39701) of Part 3 of Division 15, or ultrapasteurized, and sold for use outside of the 48 contiguous states in the United States, or yogurt, soft fresh cheese (fromage frais), uncreamed, creamed, or partially creamed cottage cheese, sour cream, sour half-and-half, or light sour cream which is sold for use outside the boundaries of the United States, or any product for which no definition and standards are prescribed in Division 15 (commencing with Section 32501), except the products defined in paragraph (2) of subdivision (a) of Section 61932.
(b) Class 4b comprises all market milk, market skim milk, or market cream used in the manufacture of cheese other than cottage cheese.
(Amended by Stats. 1991, Ch. 242, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 5 - Classes of Market Milk › Section 61936.

61936. If the director establishes a temporary definition and standards for any new milk product pursuant to Article 2 (commencing with Section 36631), Chapter 1, Part 3 of Division 15, he shall assign such new product to that class under this article which includes the most nearly comparable product as determined by the director.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 5 - Classes of Market Milk › Section 61937.

61937. Market milk, market skim milk, or market cream, utilized in bulk by handlers as condensed milk, condensed skim milk, evaporated skim milk, evaporated cream or clotted cream, or evaporated milk, shall be assigned by the director to the classification of ultimate usage of such market milk, market skim milk, or market cream.
(Repealed and added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 6 - Marketing Areas › Section 61961.

61961. The director shall designate marketing areas which he deems necessary or advisable to effectuate the purposes of this chapter, and in which he finds the conditions affecting the production, handling, and sale of market milk, are reasonably uniform.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 6 - Marketing Areas › Section 61962.

61962. The director may establish additional areas, or modify areas previously established, if he deems the establishment or modification of such areas necessary or advisble to effectuate the purposes of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 6 - Marketing Areas › Section 61963.

61963. If the director finds, after a public hearing in and for each particular marketing area under consideration for consolidation, that conditions of production and handling are reasonably uniform in two or more such marketing areas in which stabilization and marketing plans are in effect, he may consolidate the areas.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61991.

61991. Except as otherwise provided in Section 61992, the director shall, prior to the formulation of a stabilization and marketing plan for market milk for any marketing area, conduct a public hearing in the area for the purpose of determining whether or not the formulation of a stabilization and marketing plan for market milk for such area is desired by producers whose major interest in the market milk business is in the production of market milk for the marketing area and that both:
(a) Represent not less than 65 percent of the total number of producers whose major interest in the market milk business is in the production of market milk for the marketing area.
(b) Produce not less than 65 percent of the total volume of the market milk produced for the marketing area by all such producers.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61992.

61992. A hearing need not, however, be held if a petition requesting a stabilization and marketing plan is presented to the director by the producers whose major interest in the market milk business is in the production of market milk for the marketing area, and that both:
(a) Represent not less than 65 percent of the total number of producers whose major interest in the market milk business is in the production of market milk for the marketing area.
(b) Produce not less than 65 percent of the total volume of the market milk produced for the marketing area by all such producers.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61993.

61993. If the director finds that a stablization and marketing plan is necessary to accomplish the purposes of this chapter, he shall formulate a stabilization and marketing plan for market milk for such area and issue a notice of public hearing upon the plan which is formulated to all producers and handlers of record with the department that may be subject to the provisions of such plan.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61994.

61994. The notice of the hearing may be effected by mail, or by publication pursuant to Section 6062 of the Government Code in the area which is designated. It shall specify the time and place of such hearing, which shall not be prior to 15 days from the mailing, or from the final publication of such notice. If no daily newspaper of general circulation is published in the area which is designated, publication pursuant to Section 6066 of the Government Code shall be considered proper publication of notice.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61995.

61995. At the hearing, interested parties shall be heard and records kept of the proceedings of such hearing for determination by the director whether the plan proposed will accomplish the purposes of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61996.

61996. If, after the public hearing, the director determines that the proposed plan will tend to accomplish the purposes of this chapter within the standards which are prescribed in it, he or she shall issue an order to all producers and handlers of record with the department and subject to the provisions of the plan, declaring the plan in effect within 62 days from the date of the hearing. The director shall announce any order under this section at least 10 calendar days prior to the effective date of the plan.
(Amended by Stats. 1983, Ch. 261, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61997.

61997. A handler that is subject to the provisions of any stabilization and marketing plan shall not purchase milk from any producer that does not comply with this chapter and such plan.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 7 - Formation and Adoption of Stabilization and Marketing Plans › Section 61998.

61998. No stabilization or marketing plan shall contain provisions the purposes of which are to establish limitations upon the production of market milk.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 8 - Amendment and Termination of Stabilization and Marketing Plans › Section 62031.

62031. The director may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in Article 7 (commencing with Section 61991), if he or she finds that the plan is no longer in conformity with the standards which are prescribed in, or will not tend to effectuate the purposes of, this chapter. Any order under this article amending or terminating any stabilization and marketing plan shall be subject to Section 61996.
(Amended by Stats. 1983, Ch. 101, Sec. 56.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 8 - Amendment and Termination of Stabilization and Marketing Plans › Section 62032.

62032. A hearing on the amendment or termination of a stabilization and marketing plan may be held upon the motion of the director and shall be held upon receipt of a petition which is signed by producers, or by the board of directors of any nonprofit agricultural cooperative marketing association which is authorized by its members to so petition. Such petition shall represent not less than 55 percent of the total number of all producers and not less than 55 percent of the total production of all producers that are eligible to petition the director for the formulation of such a plan.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62061.

62061. Each stabilization and marketing plan shall contain provisions for prohibiting producers and handlers from engaging in the unlawful trade practices applicable to them that are set forth in Article 10 (commencing with Section 62091) of this chapter.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62062.

62062. Each stabilization and marketing plan shall contain provisions whereby the director establishes minimum prices to be paid by handlers to producers for market milk in the various classes. The director shall establish the prices by designating them in the plan, or by adopting methods or formulas in the plan whereby the prices can be determined, or any combination of the foregoing. If the director directly designates prices in the plan, the prices shall be in reasonable and sound economic relationship with the national value of manufactured milk products. If the director adopts methods or formulas in the plan for designation of prices, the methods or formulas shall be reasonably calculated to result in prices that are in a reasonable and sound economic relationship with the national value of manufactured milk products.
In establishing the prices, the director shall take into consideration any relevant economic factors, including, but not limited to, the following:
(a) The reasonableness and economic soundness of market milk prices for all classes, giving consideration to the combined income from those class prices, in relation to the cost of producing and marketing market milk for all purposes, including manufacturing purposes. In determining the costs, the director shall consider the cost of management and a reasonable return on necessary capital investment.
(b) That prices established pursuant to this section shall insure an adequate and continuous supply, in relation to demand, of pure, fresh, wholesome market milk for all purposes, including manufacturing purposes, at prices to consumers which, when considered with relevant economic criteria, are fair and reasonable.
(c) That prices, including the prices of components of milk, established by the director for the various classes of market milk bear a reasonable and sound economic relationship to each other.
In establishing the prices, the director shall also take into consideration all the purposes, policies, and standards contained in Sections 61801, 61802, 61805, 61806, 61807, 62076, and 62077.
(Amended by Stats. 1993, Ch. 1112, Sec. 2. Effective January 1, 1994.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62062.1.

62062.1. Any designation of a class 1 price by any method or formula that is used to develop class 1 prices paid to producers in the various marketing areas, shall provide, on a calendar year basis, a statewide weighted average minimum price level for a hundred weight of milk testing 3.5 fat and 8.7 solids not fat that is in reasonable relationship with minimum class 1 milk prices paid to producers in contiguous states. If the statewide weighted average class 1 prices paid to producers are not in a reasonable relationship with the class 1 prices paid to producers in contiguous states, the secretary shall immediately hold a hearing to consider adjustments to the class 1 prices.
(Added by Stats. 1994, Ch. 601, Sec. 1. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62062.5.

62062.5. The minimum prices otherwise established pursuant to this chapter shall be increased by any security charges that are imposed pursuant to Chapter 2.5 (commencing with Section 62500).
(Added by Stats. 1987, Ch. 156, Sec. 24. Effective July 10, 1987.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62063.

62063. Subject to the provisions of Sections 62074 and 62075, each stabilization and marketing plan shall contain provisions whereby the director shall provide methods for the establishment of minimum prices for market milk received within a marketing area regardless of whether the milk is subsequently sold or distributed within or without the marketing area within the jurisdiction of this state, and may contain the provisions whether or not the market milk is subsequently sold or distributed outside the jurisdiction of this state.
(Amended by Stats. 1983, Ch. 383, Sec. 4. Effective July 26, 1983.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62064.

62064. Each stabilization and marketing plan shall provide all of the following:
(a) For the establishment of prices for market milk, whether or not such market milk is subsequently sold or distributed in another marketing area within this state where a stabilization and marketing plan is in effect.
(b) That, if area of usage pricing is in effect, producers shall be paid not less than the minimum prices established for the marketing area wherein such market milk is ultimately sold or distributed.
(c) That, if area of usage pricing is in effect and such market milk is subsequently sold or distributed in any place within the jurisdiction of this state where no stabilization and marketing plan is in effect, such market milk shall be paid by the handler to the producer at not less than the average of prices which are paid by handlers, whose plants are located within such area, to producers for market milk. If, however, no plants are located within such area, the price which shall be paid by the handler to the producer shall not be less than the average of prices which are paid by handlers to producers for market milk, at the plants in the nearest marketing areas adjacent to the area where such market milk is sold or distributed, as established by the stabilization and marketing plans in effect in such adjacent marketing areas.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62065.

62065. No amendment of this article terminates or invalidates any provision of any stabilization and marketing plan which has been established by the director prior to the effective date of such amendment. Each such plan shall, however, be brought into conformity with such amendment at the earliest practicable date after the effective date of such amendment.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62066.

62066. Notwithstanding any other provision of this code to the contrary, the director, in establishing minimum prices to be paid by handlers to producers, for market milk in any marketing area, may establish, as the applicable minimum prices, those prices applicable within the marketing area of ultimate usage of such market milk, those prices applicable within the marketing area where the plant of first receipt of such market milk is located, those prices applicable in the marketing area where the producers place of production is located, or any of the above or any combination of the above.
(Added by Stats. 1977, Ch. 1192.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 21 - MARKETING › PART 3 - MARKETING LAWS REGARDING PARTICULAR PRODUCTS › CHAPTER 2 - Stabilization and Marketing of Market Milk › ARTICLE 9 - Establishment of Minimum Prices and Provisions of Stabilization and Marketing Plans › Section 62067.

62067. Each stabilization and marketing plan may contain provisions which require handlers to report to each producer from whom market milk is secured all of the following:
(a) The volume of market milk received from such producer in pounds of milk.
(b) The milk fat, solids-not-fat, or other component tests of such milk.
(c) The amount of market milk in pounds of milk fat, solids-not-fat or other components paid for in the several classes or pools.
(d) The prices paid for the various classes for each month.
(Added by Stats. 1977, Ch. 1192.)