reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32909.

32909. It is unlawful for any person to produce, manufacture, prepare for sale, or sell any of the following:
(a) Any milk, cream, or other product of milk to which has been added, or that contains, any compound of boron, salicylic acid, formaldehyde, or other preservative.
(b) Any milk or product of milk, except as otherwise provided in this division, to which has been added any coloring matter or any gelatin or other substance.
(c) This section does not prohibit the use of harmless coloring matter and common salt (chloride of sodium) in butter and cheese, the use of gelatin, sweetening, eggs or egg products, harmless coloring or flavoring, or edible stabilizer in the manufacture of ice cream, ice milk, sherbet, or edible stabilizer or citric acid in the creaming mixture for cottage cheese, or lowfat cottage cheese, or the use of alkalies approved by the director, in the manufacture of butter, or the adjustment of the acidity of ice cream mix within the limits designated by the director.
(d) Mixed tocopherols (vitamin E) or ascorbic palmitate (vitamin C), as approved by the director, may be added to UHT cream, UHT whipped cream, UHT cream topping, whipped cream, or cream topping, and buttermilk to protect and enhance the flavor of these products.
(Amended by Stats. 1987, Ch. 646, Sec. 2. Effective September 15, 1987.)
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 32910.

32910. Except as otherwise provided in this division, it is unlawful for any person to manufacture or sell any milk, cream, skim milk, buttermilk, condensed or evaporated milk, powdered milk, condensed skim milk, or any of the fluid derivatives of any of them or any ice cream, ice milk, cheese, or any other milk product to which has been added any fat or oil, except milk fat, or the fat naturally contained in chocolate and not separated from it, either under the name of such products, articles, or the derivatives of them, or under any fictitious or trade name. The addition, however, to the products which are commonly known as condensed skim milk, condensed buttermilk, or semisolid buttermilk of not more than 5 percent of pure cod liver oil is not a violation of this section, if the product is sold for poultry or stock feed.
(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 32911.

32911. A person shall not efface, erase, cancel, or remove any mark, statement, or label which is required by this division, with intent to mislead, deceive, or to violate any provision 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 3 - General Requirements › Section 32912.5.

32912.5. (a) The secretary shall enforce the labeling requirements established under the Federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) and Title 21 of the Code of Federal Regulations in the review of labels to be used in connection with advertising and retail sales of milk, frozen and cultured dairy products, cheese, and products resembling milk products and for all dairy products sold in the state.
(b) Sample copies of all labels to be used in connection with advertising and consumer sales of milk, milk products, frozen desserts, cheeses, and products resembling milk products shall be submitted to the secretary for approval before the use of those labels.
(c) Nothing in this section shall be construed to supersede or negate the standards of identity or compositional requirements for milk fat, milk solids-not-fat, or total milk solids for milk products defined in Sections 35784, 38181, 38191, 38211, and 38221.
(Amended by Stats. 2021, Ch. 371, Sec. 1. (AB 425) Effective January 1, 2022.)
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 32913.

32913. A person shall not use the name of any such product, orally, printed, or written, in connection with the sale of any product or substance unless such product or substance conforms to the definitions and standards which are prescribed by this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 3 - General Requirements › Section 32914.

32914. A person shall not make or cause to be made any statement, oral, written, or printed, or make or print, or cause to be made or printed, any design, symbol, picture, or illustration in connection with the advertising or sale of any product, article, or compound which is defined in this division, which statement, design, symbol, picture, or illustration is false, deceptive, or misleading in any manner.
(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 32915.

32915. The labeling requirements of Sections 32912, 32913, and 32914 also apply to milk and cream which is sold in bulk to the wholesale trade and to milk and cream which is sold by any milk products plant for processing purposes. When any nonnutritive or artificial sweetener is added to any milk product or product resembling a milk product, the words “artificially sweetened” shall become a part of the name of the product, except milk products sweetened with sweeteners pursuant to Article 4 (commencing with Section 36670) of Chapter 1 of Part 3.
(Amended by Stats. 1989, Ch. 199, Sec. 1. Effective July 25, 1989.)
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 32916.

32916. All cream, skim milk, buttermilk, ice cream, butter, cheese, or other milk product which is sold, designated, or advertised as certified shall be conspicuously marked with the name of the commission which certifies it and certifies the milk from which such cream, skim milk, buttermilk, ice cream, butter, cheese and other milk product was obtained.
(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 32917.

32917. A person shall not render any statement or bill which shows the weight, grade, percentage of fat, amount of fat, solids not fat, bacteria count, price, or total amount paid, for milk or any milk product which is false, deceptive, or misleading in any particular.
(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 32918.

32918. Every vehicle from which any milk or milk product is regularly sold and marketed or peddled shall have the name of the distributor plainly lettered upon it in letters at least 3 inches high on both sides of such vehicle.
(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 32919.

32919. The director may by regulation require every distributor that delivers any packaged milk in fluid state to any agency of the United States government for resale for off-premises consumption to label the containers of such packaged milk, if practicable, with a conspicuous notice that the milk has been procured for use by such agency. The director may also require such additional notice regarding prohibition against resale of such packaged milk as he, under the circumstances, deems proper.
(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 32920.

32920. Any pasteurized milk or milk product, frozen dessert, cheese, or product resembling milk products shall be produced, distributed, or sold in accordance with the current good manufacturing practices set forth in Title 21 of the Code of Federal Regulations, as amended.
(Added by Stats. 1996, Ch. 427, 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 3 - General Requirements › Section 32920.5.

32920.5. Any sanitary, sterilization, or pasteurization requirement relating to or affecting the production of raw milk for pasteurization or the processing, distribution, or sale of any pasteurized milk or pasteurized milk product, frozen dessert, cheese, or product resembling milk products, that is adopted by the secretary pursuant to this section, shall be in conformity with the “Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food” in Part 110 (commencing with Section 110.3) of Title 21 of the Code of Federal Regulations. The secretary, after public hearing, may adopt regulations referencing sections or portions thereof, of the most current revision of the “Grade A Pasteurized Milk Ordinance/Grade A Dry Milk Ordinance—Recommendations of the United States Public Health Service/Food and Drug Administration.”
(Added by Stats. 1996, Ch. 427, Sec. 2. 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 3 - General Requirements › Section 32921.

32921. The secretary may, by regulation, adopt official final action methods of testing for the determination of the components of milk and products of milk as required to meet a legal compositional requirement of this division.
(Added by Stats. 2021, Ch. 371, Sec. 2. (AB 425) Effective January 1, 2022.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 1 - Definitions › Section 33051.

33051. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 1 - Definitions › Section 33052.

33052. “Eligible list” means the list established by the State Personnel Board pursuant to Section 33111 of persons who are qualified to be employed by the department in the enforcement of this division and the regulations of the director.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 1 - Definitions › Section 33053.

33053. “Established milk inspection area” means an area in which the inspection or grading service is established and conducted by the director and wherein such service is not conducted under an approved milk inspection service.
(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 4 - Inspection Services › ARTICLE 2 - General Provisions › Section 33081.

33081. The director may authorize as many approved milk inspection services as may be necessary to properly carry out the provisions of this division and the regulations for its enforcement.
(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 4 - Inspection Services › ARTICLE 2 - General Provisions › Section 33082.

33082. The director shall supervise the operation of all approved milk inspection services in the enforcement of this division and the regulations which are adopted by him or her.
(Amended by Stats. 1983, Ch. 101, Sec. 45.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 2 - General Provisions › Section 33083.

33083. The director may adopt regulations for the proper enforcement of this chapter.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 2 - General Provisions › Section 33084.

33084. The director, at least once each month, shall report to the Controller the total amount of money which is collected under Section 33294. He or she shall, at the same time, pay into the State Treasury the entire amount of the receipts which shall be credited to the Department of Food and Agriculture Fund and expended as provided in Section 32704.
(Amended by Stats. 1983, Ch. 101, Sec. 46.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 2 - General Provisions › Section 33085.

33085. An advisory committee shall be established to assist the director in the administration of this chapter. The members of the advisory committee shall be appointed by the director and may hold office at the pleasure of the director.
(Added by Stats. 1978, Ch. 927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 2 - General Provisions › Section 33086.

33086. The members of the advisory committee shall include persons representing producers, milk products plants, approved milk inspection services personnel, and the public generally. The advisory committee shall consist of such number of members as the director finds is necessary to assist properly in the administration of this chapter. In no event shall the membership of the advisory committee exceed seven members.
(Amended by Stats. 1985, Ch. 445, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 2 - General Provisions › Section 33087.

33087. A member of the advisory committee shall not receive a salary. The director may authorize the reimbursement for any actual expenses incurred while engaged in performing the duties authorized by this chapter.
(Added by Stats. 1978, Ch. 927.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 3 - Employees › Section 33111.

33111. The State Personnel Board shall hold examinations in various parts of the state for the purpose of determining the qualifications of persons who desire to become employed by the department in the enforcement of this division and the regulations of the director, and shall establish an eligible list of persons who are qualified for such employment.
(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 4 - Inspection Services › ARTICLE 3 - Employees › Section 33112.

33112. The director shall examine any interested person qualified under Section 33113 for certification as a registered dairy inspector. Such an examination shall be both written and oral. A certificate as a registered dairy inspector shall be issued to any person who passes the examination.
No person shall be eligible for the examination given under Section 33111 or any employment as a dairy inspector by an approved milk inspection service, unless he is certificated pursuant to the provisions of this section. Such certification shall be valid for four years after a person discontinues his employment as a registered dairy inspector or a registered sanitarian.
The director may adopt such regulations as are necessary to carry out the provisions of this article.
(Repealed and added by Stats. 1972, Ch. 1270.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 3 - Employees › Section 33112.1.

33112.1. Notwithstanding any other provision of this chapter, the director shall issue a limited milk inspection certificate to any registered sanitarian employed by any city or county health department who will be employed in connection with an approved milk inspection service. A person holding the certificate shall have full authority to enforce all provisions of this code if this authority is restricted to the inspection and sampling of market milk products in retail outlets and in the inspection of retail establishments licensed pursuant to Section 33704 where an approved milk inspection service has entered into an agreement with the director pursuant to Section 33704.
The limited milk inspection certificate shall be issued following the completion of a certification course that has been approved by the director. This limited milk inspection certificate shall expire upon the termination of employment as a registered sanitarian by the individual or at any time an approved milk inspection service has been terminated.
(Added by Stats. 1981, Ch. 1011, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 3 - Employees › Section 33113.

33113. A person is not eligible to take the examination unless the person possesses one of the following qualifications:
(a) Graduation from a four-year college with specialization in studies which related to dairy farms, milk and milk products, the food sciences, or animal science.
(b) Graduation from a veterinary college of recognized standing at the time of graduation and at least one year of experience in the production, processing, or inspection of milk or milk products.
(c) Employed as a registered sanitarian in the State of California for at least two years immediately prior to applying for the certification examination and possesses a bachelor’s degree.
(Amended by Stats. 1984, Ch. 343, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 3 - Employees › Section 33114.

33114. The director shall establish and collect fees for the application and for the examination of persons for the position of registered dairy inspector to cover the cost of carrying out the provisions of this article. The application fee shall not exceed ten dollars ($10) and the examination fee shall not exceed thirty dollars ($30). Any fees collected pursuant to this section shall be deposited in the Department of Food and Agriculture Fund and be used in carrying out this article.
(Amended by Stats. 1983, Ch. 101, Sec. 47.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 3 - Employees › Section 33118.

33118. The director shall, from time to time, conduct special refresher courses which shall not exceed five days, at various convenient places in the state for the purpose of training persons who are employed by the department and by each county in the enforcement of this division, regulations of the director, or the ordinances of any county which relate to the inspection of dairy farms, milk products plants, or milk products, in all of the following:
(a) Dairy science.
(b) Uniform methods of enforcement of this division.
(c) The regulations of the director.
(d) Ordinances of counties which concern dairy farms, milk products plants, and milk products.
(e) Other pertinent information which concerns dairy farms, milk products plants, and milk products.
(Amended by Stats. 1985, Ch. 445, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 3 - Employees › Section 33119.

33119. Attendance at such a refresher course shall be mandatory, in the discretion of the director, upon any or all persons who are employed by the department and each county and city in the inspection of dairy farms, milk products plants, and milk products.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 3 - Employees › Section 33120.

33120. Any person who is employed by the department or any county or city shall be paid his salary or compensation while he is attending such a special refresher course.
(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 4 - Inspection Services › ARTICLE 3 - Employees › Section 33121.

33121. This article does not apply to any clerical employee, or to any person who is employed in a laboratory.
(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 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33141.

33141. If a producer produces market milk within the jurisdiction of an approved milk inspection service, the director, after an investigation and consultation with the health officer of each county which is involved, shall do all of the following:
(a) Designate and assign the county approved milk inspection service which shall conduct the dairy farm inspection.
(b) Define the district or area in which each county shall conduct the dairy farm inspection.
(Amended by Stats. 1985, Ch. 445, Sec. 7.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33142.

33142. The director, in making the designation and assignment, shall take into consideration, in addition to other matters which are considered, the geographical convenience of each county approved milk inspection service which renders such inspection, and the percentage of market milk and related products which are sold or delivered within each.
(Amended by Stats. 1985, Ch. 445, Sec. 8.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33143.

33143. No more than one approved milk inspection service may be designated by the director for any single dairy farm which produces market milk.
(Amended by Stats. 1985, Ch. 445, Sec. 9.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33146.

33146. Any producer or approved milk inspection service may file with the director a written protest regarding any designation which is made pursuant to Section 33141. A petition, signed by 51 percent or more of producers of any grade of milk within the jurisdiction of any approved milk inspection service, may request the termination of the county approved milk inspection service and that instead an inspection service be established by the director. The written protest or petition shall state all the reasons for the protest or petition.
(Amended by Stats. 1985, Ch. 445, Sec. 12.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33147.

33147. The director may, within 30 days after the receipt of the protest and shall, within 30 days after receipt of a petition, and after at least five days’ written notice to any approved milk inspection service which is concerned, announce a date upon which a hearing on the protest or petition will be held.
(Amended by Stats. 1979, Ch. 917.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33149.

33149. The director upon his own motion, after giving at least 10 days written notice to any approved milk inspection service which is concerned, may hold a hearing on any designation which is made pursuant to Section 33141 if it appears that a change in such designation may result in greater uniformity in inspection areas and eliminate duplication of effort and traveling.
(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 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33150.

33150. After the hearing, the director may revoke, amend, or retain such designation, designate another approved milk inspection service to perform the inspection as provided in this article, or establish and conduct an inspection service unless the funds which are derived under Article 9 (commencing with Section 33291) of this chapter are inadequate to maintain a milk inspection service established by the director.
(Amended by Stats. 1979, Ch. 917.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 4 - Designation and Assignment › Section 33151.

33151. Upon the approval in writing of a milk inspection service by the director, the approved milk inspection service shall do all of the following:
(a) Grade market milk as produced or sold under its jurisdiction.
(b) Require the use of the respective grade designations as prescribed in this division.
(c) Enforce this division in accordance with the regulations which are adopted by the director that pertain to market 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 4 - Inspection Services › ARTICLE 5 - Establishment of Inspection Service by Director › Section 33171.

33171. In areas in which an approved milk inspection service has not been designated by the director pursuant to Article 4 (commencing with Section 33141), the director shall establish and conduct a milk inspection service for inspection of dairy farms. In all areas the director shall establish and conduct a milk inspection service for inspection of milk products plants, and for inspection of the facilities of distributors that obtain milk and milk products from a milk products plant not subject to the jurisdiction of the director.
(Repealed and added by Stats. 1985, Ch. 445, Sec. 14.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 6 - Interagency Contracts › Section 33201.

33201. Counties may, subject to the approval of the director, contract, one with the other, for the maintenance by one, or some of them, of the approved milk inspection service within the limits of the other as will best carry out this division and avoid duplication.
(Amended by Stats. 1985, Ch. 445, Sec. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33221.

33221. As used in this article, “permit” means a permit that is issued pursuant to Section 33222.
(Amended by Stats. 2006, Ch. 584, Sec. 1.8. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33222.

33222. Every person, before engaging in the business of producing market milk or manufacturing milk, shall obtain a permit from the secretary or from the approved milk inspection service that is maintained by the county designated by the secretary pursuant to this chapter for each dairy farm.
(Amended by Stats. 2012, Ch. 39, Sec. 9. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33223.

33223. If a permit is issued by an approved milk inspection service designated by the secretary to a producer of market milk or manufacturing milk, no other permit shall be required of the producer by any other approved milk inspection service.
(Amended by Stats. 2012, Ch. 39, Sec. 10. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33224.

33224. Upon receipt of an application for a permit, the secretary or approved milk inspection service shall cause an investigation to be made of the dairy farm where milk is produced and of the herd that produces the milk.
(Amended by Stats. 2006, Ch. 584, Sec. 4. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33225.

33225. If this division and the standards that are established by or adopted pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary or the designated approved milk inspection service, to the dairy farm. The permit shall be issued for a period not to exceed one year.
(Amended by Stats. 2012, Ch. 39, Sec. 11. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33226.

33226. Every person shall obtain a permit from the secretary before engaging in the business of processing or distributing market milk. Upon receipt of an application for a permit, the secretary shall cause an investigation to be made of the milk products plant or place of business from which milk is distributed. If this division and the standards that are established pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary to the milk products plant or place of business. The permit shall be issued for a period not to exceed one year.
(Amended by Stats. 2006, Ch. 584, Sec. 6. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33227.

33227. Each person, before engaging in the transportation of unpackaged market milk or unpackaged market milk products (bulk milk hauler), shall obtain a bulk milk hauler tanker permit from the secretary for each tanker that person uses in the bulk transport of unpackaged market milk or unpackaged market milk products. Upon receipt of an application for a permit, the secretary shall cause an inspection to be made of the bulk milk hauler’s tanker for which the application is made. An inspection required for the issuance of a permit shall be conducted in a uniform and efficient manner. A permit shall be issued for each tanker that is in compliance with this division and the standards that are established pursuant to this division. The permit shall be valid for not more than one year, shall be permanently affixed in a conspicuous manner on the rear frame of the tanker for which it is issued, and shall be renewed within one year from the date of issue upon payment of an annual inspection fee. The assessment of the annual inspection fee shall be based upon the actual cost of the inspection and shall be subject to verification upon the request of a permit applicant. The permit shall conform with all requirements of the United States Food and Drug Administration Coded Memorandum implementing the enforcement provisions for permitting and inspection of bulk milk tankers.
This section shall become operative upon the adoption by the United States Food and Drug Administration of the Coded Memorandum implementing enforcement provisions for permitting and inspection of bulk milk tankers. The secretary may adopt regulations necessary to implement this section.
(Amended by Stats. 2000, Ch. 115, Sec. 1. Effective January 1, 2001. Section conditionally operative by its own provisions.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 7 - Permits › Section 33228.

33228. (a) Any person, before engaging the business of cleaning or sanitizing bulk milk tanker trucks shall obtain a bulk milk tanker truck cleaning or sanitizing permit from the secretary for each facility not attached to a licensed milk products plant or market milk dairy farm that is used in the cleaning or sanitizing of bulk milk tanker trucks.
(b) Bulk milk tanker trucks shall be cleaned or sanitized only at a facility holding a valid bulk milk tanker truck cleaning facility permit, a licensed milk products plant, or a permitted market milk dairy farm.
(c) Upon receipt of an application for a bulk milk tanker truck cleaning facility permit, the secretary shall cause an inspection to be made of the facility. If this division and the standards that are established pursuant to the authority that is granted in this division are complied with, a permit shall be issued by the secretary to the bulk milk tanker truck cleaning or sanitizing facility or place of business. The permit shall be issued for a period not to exceed one year.
(d) The secretary shall establish a cost-related inspection fee for the inspection and permitting of bulk milk tanker truck cleaning or sanitizing facilities not attached to a licensed milk products plant or market milk dairy farm.
(Added by Stats. 2006, Ch. 584, Sec. 7. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33251.

33251. The county that maintains an approved milk inspection service where an inspection fee is levied and collected shall determine the actual cost of making an inspection of a dairy farm that produces milk within the area that is designated and assigned to that service by the secretary. Records of the cost determination shall be made and maintained by the county for examination by the secretary or other interested person.
(Amended by Stats. 2012, Ch. 39, Sec. 12. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33252.

33252. For the purpose of maintaining an approved milk inspection service, the county may, but is not required to, levy and collect an inspection fee or fees from producers of milk that is produced at dairy farms within the area that is designated and assigned to that service by the secretary.
(Amended by Stats. 2012, Ch. 39, Sec. 13. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33253.

33253. The dairy farm inspection fee shall not exceed the actual cost to the county of making the dairy farm inspection, provided that an additional 15 percent of the fees collected shall be remitted to the secretary to cover the reasonable cost of administering Sections 33082, 33118, and 33119, and the oversight requirements of the National Conference on Interstate Milk Shipments.
(Amended by Stats. 2012, Ch. 39, Sec. 14. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33254.

33254. Any fees levied by an approved milk inspection service for dairy farm inspection shall not exceed the maximum fees provided for state established inspection.
(Added by Stats. 1983, Ch. 1275, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33256.

33256. The cost of the inspections may include all directly related costs.
(Amended by Stats. 1985, Ch. 445, Sec. 26.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33257.

33257. If an approved milk inspection service inspects a dairy farm, the dairy farm inspection fee, if levied, shall be collected from the producer of milk that is produced on the dairy farm.
(Amended by Stats. 2012, Ch. 39, Sec. 15. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33261.

33261. Charges that are made by any approved milk inspection service for inspection fees are subject to audit by the secretary, and for this purpose the secretary shall have access to all books, papers, records, or documents that pertain to any and all transactions of any approved milk inspection service and may inspect and copy them in any place within the state.
(Amended by Stats. 2007, Ch. 130, Sec. 101. Effective January 1, 2008.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33262.

33262. Ten percent of the producers within any approved inspection area may file with the secretary a written protest as to the reasonableness of any inspection fee that is levied and collected from the producer pursuant to Section 33252.
(Amended by Stats. 2007, Ch. 130, Sec. 102. Effective January 1, 2008.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33263.

33263. The secretary shall, after 30 days’ public notice of the hearing, and after five days’ written notice to any approved milk inspection service that is concerned, hold a hearing on the protest. The secretary may deny, postpone, or consolidate hearings for good cause. The secretary shall provide in writing the reasons for the denial, postponement, or consolidation of hearings.
(Amended by Stats. 2006, Ch. 584, Sec. 13. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33264.

33264. Upon the completion of hearing, the secretary may establish a reasonable fee for the inspection that is the subject of the protest. Thereafter until the order of the secretary is revoked, suspended, or amended, the producer, notwithstanding any other provision of this article, is not required to pay to the approved milk inspection service any inspection fee in excess of the fee that is designated as reasonable by the secretary. The secretary shall make, and maintain, written findings upon which inspection fees are established pursuant to this section. The written findings shall be readily available to any interested person for examination.
(Amended by Stats. 2006, Ch. 584, Sec. 14. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 8 - Fees Payable to a County › Section 33265.

33265. A county shall not, through an approved milk inspection service or otherwise, levy or collect any fee or tax for the purpose of inspecting any milk or dairy product on any truck or other vehicle or during transportation of that milk or dairy product.
(Amended by Stats. 1985, Ch. 445, Sec. 31.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33291.

33291. Every person that is engaged in the production of milk outside the jurisdiction of an approved milk inspection service and every person engaged in the processing, manufacture, or distribution of milk, milk products, or products resembling milk products, in the cleaning or sanitizing of bulk milk tanker trucks, or in the processing, manufacture, or freezing of ice cream, ice milk, sherbet, or any similar frozen product shall pay a cost-related inspection fee, not to exceed the reasonable costs of the services provided, to the secretary.
(Amended by Stats. 2012, Ch. 39, Sec. 16. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33292.

33292. (a) Every milk products plant or milk handler that purchases, or otherwise acquires possession or control of, milk directly from producers shall deduct from payments that are due producers for milk, and shall pay to the secretary, the fee, not to exceed the reasonable costs of the services provided, required to be paid by the producer.
(b) For purposes of this article, “milk handler” means any person that, as owner, agent, broker, or intermediary, receives, purchases, or otherwise acquires ownership, possession, or control of milk or manufacturing milk in unprocessed or bulk form from a producer for the purpose of manufacture, processing, sale, distribution, or other handling.
(c) For purposes of this article, “producer” means any person that operates a dairy farm as defined in Section 32505.
(Amended by Stats. 2012, Ch. 39, Sec. 17. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33293.

33293. The inspection fee is payable during the first week of January, April, July, and October of each year.
(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 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33294.

33294. (a) Every producer shall pay an inspection fee not to exceed twelve cents ($0.12) per hundredweight of the first 482,000 pounds only on milk produced by him or her during the quarter year preceding the date the inspection fee becomes due and payable or two hundred fifty dollars ($250), whichever is greater.
(b) Notwithstanding the fee limit specified in this section for producers, the secretary may increase the inspection fee by an amount not to exceed one-half cent ($0.005) per hundredweight per annum.
(c) The secretary shall annually fix the fees at an amount not to exceed actual reasonable program costs for administration of this chapter, and may adjust the per hundredweight fee whenever he or she finds that the cost of administering the provisions of this chapter can be defrayed from revenues derived from lower rates. Any money collected by the secretary pursuant to this section shall be paid into the Department of Food and Agriculture Fund.
(d) The secretary shall charge a dairy farm all actual direct costs for initial and any followup dairy farm inspections for a facility out of compliance with the initial inspection. However, in no event shall the fee for an initial inspection exceed the limitation established in subdivisions (a) and (b).
(e) The secretary shall establish plan review fees for sanitary design and construction review activities relating to dairy farms pursuant to Chapter 5 (commencing with Section 33451).
(Repealed and added by Stats. 2012, Ch. 39, Sec. 19. (SB 1018) Effective June 27, 2012.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33295.

33295. The secretary shall fix the inspection fees for each person, as provided for in Section 33291, not to exceed actual directly related costs for inspection. The basis for fees established for each person specified in Section 33291 shall not include any costs for inspection functions performed by the state for milk products other than market milk products that are the same as, or substantially similar to, inspection functions performed by the United States Department of Agriculture or any other federal or state agency. Costs for inspection shall be determined from time records and audit procedures set forth in written findings pursuant to Section 33296.
(Amended by Stats. 1994, Ch. 543, Sec. 4. Effective January 1, 1995.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33296.

33296. The secretary shall make, and maintain, written findings upon which inspection fees are fixed pursuant to Sections 33294 and 33295. The written findings shall be readily available to any interested person for examination.
(Amended by Stats. 2006, Ch. 584, Sec. 17. Effective January 1, 2007.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 4 - Inspection Services › ARTICLE 9 - Fees Payable to the Secretary › Section 33297.

33297. Any person subject to inspection fees provided for in Section 33291 may file with the secretary a written protest as to the reasonableness of any inspection fee that is levied and collected from those persons.
The secretary shall, after 30 days’ notice, hold a hearing on the protest and upon completion of the hearing, the secretary shall make and maintain written findings as to whether or not the fee is reasonable.
(Amended by Stats. 2007, Ch. 130, Sec. 103. Effective January 1, 2008.)