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 8 - Pasteurization › ARTICLE 1 - Standards › Section 34006.

34006. Every person that operates any place where milk is received and byproducts are distributed shall pasteurize any skim milk, whey, or other milk byproduct which is to be used for feeding purposes for farm animals before delivering it. Such pasteurization may be accomplished by heating the byproduct to a temperature of 145 degrees Fahrenheit and holding it at that temperature for not less than 30 minutes, or by heating it to 185 degrees Fahrenheit without holding.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34007.

34007. (a) Every person that uses any pasteurizing apparatus for the manufacture of soft fresh cheese varieties that are not cultured shall sample and test the pasteurized milk daily from each pasteurizer to determine the presence of phosphatase enzymes in a manner approved by the director. Records of the tests shall be made and kept on file for not less than one year after they are made. The records shall at all times be open to the inspection of the director and to all state, county, and municipal officers who are required to enforce laws and ordinances regarding milk products or the public health.
(b) In the event of a positive finding pursuant to this section, the milk products plant operator shall immediately notify the department of the findings.
(Added by Stats. 1985, Ch. 1166, Sec. 2. Effective September 28, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 1 - Standards › Section 34008.

34008. (a) All market milk and market milk products, and all milk for manufacturing purposes and manufactured milk products, shall be pasteurized at the plant where processed and packaged unless otherwise provided in this division.
(b) This section does not apply to any of the following:
(1) Licensed milk products plants that are used exclusively for the preparation of ice cream, frozen yogurt, frozen dairy dessert, or frozen dessert that is manufactured on the premises from ice cream mix, frozen yogurt mix, frozen dairy dessert mix, or frozen dessert mix that is supplied by a licensed milk products plant.
(2) Products sold through soft-serve establishments pursuant to Section 33704, including frozen yogurts and frozen dairy desserts.
(3) Frozen and semifrozen products sold through establishments issued a limited frozen manufacturing permit pursuant to Section 35016.
(4) Goat milk cheese produced at a licensed milk products plant, excluding cottage cheese, manufactured from curds, provided the curds were made only from goat milk that has been pasteurized, ultrapasteurized, or aseptically processed, as defined in Sections 34001, 34001.5, and 39701, respectively, at either of the following:
(A) A licensed milk products plant.
(B) A milk products plant that meets sanitation requirements substantially similar to those established by Article 3 (commencing with Section 33761) of Chapter 6, and that is registered as a food facility with the United States Food and Drug Administration in accordance with the federal Food, Drug, and Cosmetics Act (21 U.S.C. Sec. 350d).
(c) The secretary may, by regulation, provide for additional exemptions from this section.
(Amended by Stats. 2017, Ch. 153, Sec. 2. (AB 1486) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 2 - Sanitation › Section 34031.

34031. Any apparatus which is used for the pasteurization of milk or any milk product shall be kept in strictly clean and sanitary condition.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 2 - Sanitation › Section 34032.

34032. Any vat, tank, or container which is used to store a milk byproduct shall be kept in a clean and sanitary condition.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 3 - Thermometers and Temperature Records › Section 34061.

34061. Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall be equipped with a recording thermometer device to accurately record the temperature to which, and the length of time for which, the pasteurized product has been heated.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 3 - Thermometers and Temperature Records › Section 34062.

34062. Each vat, tank, or other receptacle in which milk or any milk product is pasteurized shall also be equipped with an indicating thermometer.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 3 - Thermometers and Temperature Records › Section 34063.

34063. Any recording thermometer device and any indicating thermometer which is used in pasteurization shall be of a type which is approved by, and its use is at all times subject to the approval 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 8 - Pasteurization › ARTICLE 3 - Thermometers and Temperature Records › Section 34064.

34064. Every person that uses any pasteurizing apparatus within the state shall date, preserve, and keep on file for not less than one year after they are made, all records which have been made by the recording thermometer. The records shall, at all times, be open to the inspection of the director, and all state, county, and municipal officers who are charged with the enforcement of the laws and ordinances respecting milk products or the public health.
(Amended by Stats. 1985, Ch. 1166, Sec. 5. Effective September 28, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 3 - Thermometers and Temperature Records › Section 34065.

34065. Every person who uses any pasteurizing apparatus within the state shall compile and keep on file for not less than one year records relating to pasteurization equipment modifications, maintenance, and repairs. The records shall, at all times, be open to the inspection of the director and all state, county, and municipal officers who are charged with the enforcement of the laws and ordinances regarding milk products or the public health.
(Added by Stats. 1985, Ch. 1166, Sec. 6. Effective September 28, 1985.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 8 - Pasteurization › ARTICLE 4 - Misrepresentation › Section 34091.

34091. It is unlawful for any person to sell any milk or product of milk as and for pasteurized milk or a product of pasteurized milk, or to use the word “pasteurized” or any of its derivatives in connection with the sale, designation, advertising, labeling, or billing of any milk or product of milk, unless the milk and all products of milk which are contained in the milk or the product of milk, or used in its manufacture, consist exclusively of milk, skim milk, or cream which has been pasteurized.
(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 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 1 - General Provisions › Section 34201.

34201. A person shall not do any of the following:
(a) Fraudulently manipulate the measure, weight, or test which is used for determining the grade or quality of milk, cream or any fluid derivative of milk or cream.
(b) Fraudulently manipulate the test which is used for determining the percentage of milk fat in milk, cream, or any fluid derivative of milk or cream.
(c) Overread or underread any such test.
(d) Take an unfair sample of milk, cream, or any fluid derivative of milk or cream on which the grade, quality, or amount of milk fat in it is to be determined.
(e) Fraudulently manipulate any such sample, or the record of any measurement, weight, test, or combination of them.
(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 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 1 - General Provisions › Section 34202.

34202. No tolerance in weights, measures, percentages of milk fat, moisture, or any other measure or standard is permitted, except where specific provisions are made for such a tolerance.
(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 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 2 - Basis for Payment › Section 34232.

34232. If the director finds, after investigation by him, that facilities are not available for weighing and testing, upon request of the parties he may issue a written permit which authorizes the purchase and sale of milk, cream, or any fluid derivative of milk or cream upon a gallonage basis.
(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 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 2 - Basis for Payment › Section 34233.

34233. This article does not prohibit weighing and sampling on a route, or the use of composite samples of milk, except as otherwise provided in Section 34231, or the purchase and sale of market milk which is obtained from goats on a gallonage basis without the permit provided for in Section 34232.
(Amended by Stats. 1973, Ch. 869.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 3 - Milk Tests › Section 34261.

34261. A permanent record in duplicate of every test of milk, cream, or any fluid derivative of milk or cream which is purchased, received, or sold on the basis of the amount of milk fat or the fluid skim milk components or both that is contained in it, shall be made by a licensed tester on a standard form which is in accordance with the specifications for such record which are adopted by, the department.
(Amended by Stats. 1969, Ch. 537.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 3 - Milk Tests › Section 34261.5.

34261.5. The director shall, by regulation, adopt methods and procedures for the testing, weighing, and measuring of milk components and for the recording and reporting of such testing.
(Added by Stats. 1978, Ch. 824.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 3 - Milk Tests › Section 34262.

34262. Each test shall be legibly recorded with indelible pencil or ink in such a manner as to correctly identify the test obtained upon the milk, cream, or fluid derivative of milk or cream.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 3 - Milk Tests › Section 34263.

34263. Each sheet or page shall be authenticated by the signature of the licensed tester. A duplicate record shall be deposited by the licensed tester immediately after completing the test on the day’s samples, in a box which is provided by the purchaser, receiver, or seller of milk, cream, or fluid derivative of milk or cream, as the case may be. The box shall be constructed, sealed, and maintained in accordance with 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 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 3 - Milk Tests › Section 34264.

34264. The original record of each test shall be immediately delivered to the purchaser, receiver, or seller of the milk, cream, or fluid derivative of milk or cream, and shall be retained by him for at least three months.
(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 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 3 - Milk Tests › Section 34265.

34265. The licensed tester shall retain an unmodified sample of any milk, cream, or fluid derivative of milk or cream which is tested by him for a period of time which is specified in regulations adopted by the director after tests of milk or cream have been made. The purchaser, receiver, or seller of milk or cream or fluid derivative of milk or cream shall provide a suitable place where the samples which are retained by the tester may be kept. Such place shall be acceptable to the department.
(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 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 4 - Testing, Weighing, Sampling, and Loading › Section 34301.

34301. (a) The secretary shall supervise the weighing, measuring, sampling, bacteriological testing, and sanitary loading and unloading of bulk milk delivered to handlers.
(b) Notwithstanding any other provision of this division, the secretary may, in order to effectuate the purposes of this article, assess all producers, producer-handlers, and handlers a fee which shall be used for the supervision of, and checking the corrections of, bacteriological tests, and the weighing, measuring, sampling, and sanitary loading and unloading of all bulk milk delivered to handlers.
(Amended by Stats. 2019, Ch. 304, Sec. 6. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 4 - Testing, Weighing, Sampling, and Loading › Section 34301.5.

34301.5. For purposes of this article, the following definitions apply:
(a) “Handler” means a person who, as owner, agent, broker, or intermediary, receives, purchases, or otherwise acquires ownership, possession, or control of milk in unprocessed or bulk form from a producer for the purpose of manufacturing, processing, selling, distributing, or other handling.
(b) “Producer” means a person who operates a dairy farm.
(c) “Producer-handler” means a person who is both a producer and a handler.
(Added by Stats. 2019, Ch. 304, Sec. 7. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 4 - Testing, Weighing, Sampling, and Loading › Section 34302.

34302. (a) A handler, including a producer-handler, shall deduct an assessment from payments made to producers for milk, including the handler’s own production, of a sum not to exceed one-tenth of one cent ($0.001) per hundredweight of milk. The amount of the assessment deducted shall be paid to the secretary on or before the 45th day following the last day of the month during which the milk was received.
(b) A handler that purchases or handles milk from producers, including the handler’s own production, if any, shall pay a fee not to exceed five-hundredths of one cent ($0.0005) per hundredweight of milk. The amount of the fee shall be paid to the secretary on or before the 45th day following the last day of the month in which the milk was received.
(c) Notwithstanding the assessment and fee limits in subdivisions (a) and (b), the secretary may increase the amount of the assessment in subdivision (a) and the fee in subdivision (b) by an amount not to exceed one-hundredth of one cent ($0.0001) per hundredweight per annum.
(Amended by Stats. 2019, Ch. 304, Sec. 8. (AB 590) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 4 - Testing, Weighing, Sampling, and Loading › Section 34303.

34303. The director shall annually fix the fees in Section 34302 in an amount not to exceed the actual directly related costs for the supervision and checking required by Section 34301. These costs shall be determined annually from time records and audit procedures set forth in written findings. The written findings shall be available to interested persons for examination.
The director may fix the rate of assessments or fees required by Section 34302 at lesser amounts and may adjust the rates of assessments or fees from time to time whenever he or she finds that the costs of administering this article can be defrayed from the revenues derived from lower rates. However, the rate of assessment deducted from the payments to producers for market milk, including the handler’s own production, and the rate of fees paid by handlers shall at all times be in the ratio of 2 to 1.
The amount of the fee shall be paid to the director on or before the 45th day following the last day of the month in which the market milk was received.
(Added by Stats. 1985, Ch. 627, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 4 - Testing, Weighing, Sampling, and Loading › Section 34304.

34304. Any assessment or fee payable pursuant to this article is a debt of the person by whom the assessment or fee is payable and is due and payable to the director upon the date set forth in Section 34302. If the person does not pay the assessment or fee by the required date, the director may file a complaint against the person in a court of competent jurisdiction for the collection of the assessment or fee.
If any person does not pay to the director the assessments or fees provided in this article on or before the due date specified in Section 34302, the director may add to the unpaid assessments or fees an amount not exceeding 10 percent of the unpaid assessments or fees.
(Added by Stats. 1985, Ch. 627, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 6 - Fees › Section 34351.

34351. Fees shall be paid by the owner to the department for glassware which is examined for compliance with the prescribed standards.
The director shall establish fees to recover the actual cost of examining Babcock test bottles, Babcock pipettes, and lactometers.
(Amended by Stats. 1977, Ch. 331.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 6 - Fees › Section 34352.

34352. Except as provided in Section 34351, the department shall charge fees for examining glassware and apparatus which is used in methods of testing which are sufficient to cover the actual cost of such examination.
(Amended by Stats. 1971, Ch. 715.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 9 - Weighing, Measuring, Sampling, and Loading of Milk › ARTICLE 6 - Fees › Section 34353.

34353. Any money which is received under this article shall be paid into the Department of Food and Agriculture Fund.
(Amended by Stats. 1983, Ch. 101, Sec. 48.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 1 - Definitions and General Provisions › Section 34501.

34501. 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 10 - Containers › ARTICLE 1 - Definitions and General Provisions › Section 34503.

34503. “Single service container” means a container which is used only once and is not refilled.
(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 10 - Containers › ARTICLE 1 - Definitions and General Provisions › Section 34504.

34504. “Milk case” means a rigid, reusable container for packing and transporting or delivering cartons, bottles, jugs, or any other form of packaged milk or milk products. “Container,” as used in this chapter, includes a “milk case.”
(Added by Stats. 1981, Ch. 620, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 1 - Definitions and General Provisions › Section 34505.

34505. This chapter applies to all brands which have been registered with the department.
(Added by renumbering Section 34504 by Stats. 1981, Ch. 620, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 2 - Brand Registration › Section 34531.

34531. Any person or association located in California that is engaged in receiving, producing, manufacturing, packing, canning, bottling, handling, or selling milk or any product of milk in containers, cabinets, or other dairy equipment which is marked or otherwise identified with the name of the person or association or with any fictitious or other name or word or with any mark or device whatsoever, and any association or corporation, the members or directors of which are so engaged, may, and as to milk cases shall, file with the department a description of the name or word, mark, or device which is so used, and an application for registration of it as a brand. The application shall be accompanied by a fee of ten dollars ($10) for each separate brand.
(Amended by Stats. 1981, Ch. 620, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 2 - Brand Registration › Section 34532.

34532. There shall be included as a part of each brand the words, “Registered in California” or the abbreviation “Reg. Cal.”
(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 10 - Containers › ARTICLE 2 - Brand Registration › Section 34533.

34533. The applicant shall also cause such description to be printed once a week for three successive weeks in a newspaper of general circulation which is published in the locality in which the principal place of business of the applicant is situated.
(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 10 - Containers › ARTICLE 2 - Brand Registration › Section 34534.

34534. The department may refuse to register a brand if it appears that the same or a similar brand has been previously registered by another person or association unless the prior registrant gives his written consent to the subsequent registration.
(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 10 - Containers › ARTICLE 2 - Brand Registration › Section 34535.

34535. If it appears that two or more applicants have applied for the registration of the same or similar brands, the director may, after hearing, determine the right of prior ownership in such brand. When such right of prior ownership is determined, the director shall refuse to register, or shall cancel the registration of, any duplicate or similar brand.
(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 10 - Containers › ARTICLE 2 - Brand Registration › Section 34536.

34536. Any certificate of registration which is granted expires on the 30th day of June of the fourth year after it was granted and may be renewed for four years by payment of a renewal fee of five dollars ($5). The renewal shall be made on forms which are supplied by the director.
(Amended by Stats. 1977, Ch. 475.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 2 - Brand Registration › Section 34537.

34537. If renewal of any certificate is not made within 60 days after the expiration of the certificate, such certificate becomes null and void.
(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 10 - Containers › ARTICLE 3 - Branded Containers › Section 34561.

34561. Except as otherwise provided in this article, every person that finds or receives any container, cabinet, or other dairy equipment which is marked with a brand which is registered pursuant to this chapter shall, return it to the owner or his or her agent. If the finder is unable to locate the owner or his or her agent, he or she shall, notify the director in writing that he or she has in his or her possession the container, cabinet, or other dairy equipment and particularly describe in the notice the trademark or brand which is upon the container, cabinet, or other dairy equipment.
(Amended by Stats. 1982, Ch. 1063, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 3 - Branded Containers › Section 34562.

34562. Any person that acquires any container, cabinet, or other dairy equipment which is marked with a brand that is registered pursuant to this chapter, by purchase or by other lawful means, and that has the written consent of the registrant of such brand to use it on the particular container, cabinet, or other dairy equipment which is acquired, or to use such brand on containers generally, shall so notify the department. He shall not thereafter be required again to file and publish the description but shall acquire as a part of such purchase all such benefit as the vendor had under this code as to the particular containers, cabinets, or other dairy equipment so acquired or as to containers generally, dependent on the form of such written consent.
(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 10 - Containers › ARTICLE 3 - Branded Containers › Section 34563.

34563. Any person that purchases any container, cabinet, or other dairy equipment which is marked with a brand registered pursuant to this chapter shall submit to the director a copy of the bill of sale or other documentary evidence which supports such purchase.
(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 10 - Containers › ARTICLE 3 - Branded Containers › Section 34564.

34564. An “unauthorized person” with respect to possession of containers (including milk cases), cabinets, or other dairy equipment marked with a brand that is registered pursuant to this chapter includes any person in possession of this equipment except the following:
(a) The brand registrant or owner.
(b) A person in possession in compliance with the provisions of Sections 34561 or 34562.
(c) A person who, with the consent of the brand registrant or any other authorized person, has temporary possession of branded containers (including milk cases) as a result of the purchase of milk or milk products packaged and transported in the containers.
As to any containers (including milk cases), cabinets, or other dairy equipment marked with a brand registered pursuant to this chapter, the following acts are punishable under the provisions of Chapter 12.6 (commencing with Section 565) of Title 13 of Part 1 of the Penal Code:
(a) Possession or use of the branded containers, cabinets, or other dairy equipment by an unauthorized person.
(b) Obliteration of the registered brand on the containers, cabinets or other dairy equipment, except by the owner thereof or the brand registrant.
(Repealed and added by Stats. 1982, Ch. 1063, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 3 - Branded Containers › Section 34565.

34565. If the owner of any container, cabinet, or other dairy equipment which is marked or branded, or any other person that is lawfully entitled to use the container, cabinet, or other dairy equipment, requires a deposit for security for its safekeeping and return, it does not constitute a sale, optional or otherwise, of the container, cabinet, or other dairy equipment.
(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 10 - Containers › ARTICLE 3 - Branded Containers › Section 34568.

34568. Any distributor in possession of a milk case having another distributor’s registration shall notify the registered owner, and make the case available to the registered owner for pickup, upon receipt of payment for any case deposit which the distributor in possession may have paid for the case.
(Added by Stats. 1981, Ch. 620, Sec. 4.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 4 - Containers for Particular Products › Section 34591.

34591. Except as otherwise provided in this article, it is unlawful for any person to sell or otherwise dispose of any market milk, skim milk, flavored milk, flavored dairy drink, buttermilk, or cultured buttermilk to the retail trade, unless the product is contained in a standard milk bottle or in a single service container which has been mechanically filled and capped or sealed in a milkroom which is properly designed and equipped as approved by the director. The pouring lip of standard milk bottles used to package market milk and milk products sold at retail shall be covered at the time of capping or closure to at least its largest diameter by the cap or cover. A single service container shall meet the specifications of the United States Public Health Service Grade A Pasteurized Milk Ordinance Recommendations.
(Amended by Stats. 1989, Ch. 203, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 4 - Containers for Particular Products › Section 34592.

34592. Market milk which is served by any school, hospital, hotel, boardinghouse, restaurant, soda fountain, lunch counter, or other places where food or drink is served to the public, shall be served in the individual service bottle or container which has been filled and capped or sealed in a milk room, properly designed and equipped as approved by the director, the cap or seal of which shall not be removed except in the presence of the consumer or patron. This section does not:
(a) Apply to market cream or half-and-half.
(b) Prohibit the serving of homogenized market milk from a milk dispensing device which has been approved for such use by the director pursuant to Section 34594.
(c) Apply to any private boarding school which is licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code which is also a private full-time day school within the meaning of Section 48222 of the Education Code.
(d) Apply to any fraternity, sorority, dormitory or eating club, the existence of which is authorized or approved by the board of trustees or other governing agency of a college or university.
(e) Apply to any children’s center, day care program, or preschool program, as such terms are used in Chapter 2 (commencing with Section 8200) of Part 6 of the Education Code.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 4 - Containers for Particular Products › Section 34593.

34593. Market milk or the fluid derivative of market milk which is used in the preparation of milk shakes or other mixed milk drinks shall be dispensed or poured from standard milk bottles or single service containers which have been filled and sealed or capped in a milk products plant.
This section does not prohibit the use of homogenized market milk or flavored dairy drinks drawn from a milk dispensing device that is approved pursuant to Section 34594 in the preparation of milk shakes or other mixed milk drinks.
(Amended by Stats. 1968, Ch. 610.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 4 - Containers for Particular Products › Section 34594.

34594. Homogenized market milk may be sold and served from and by the use of a milk-dispensing device which has been approved for such use by the director. Any such milk-dispensing device shall be installed and located in a place and manner which are acceptable to the local health authority.
(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 10 - Containers › ARTICLE 4 - Containers for Particular Products › Section 34595.

34595. Homogenized market milk, which is served from a milk-dispensing device that has been approved for that use by the director, shall be dispensed directly from the dispensing device into the glass or other container from which the customer drinks the milk. It shall be served in minimum quantities of eight ounces in each such glass or container, except that individual servings of less than eight ounces may be served with children’s or junior meals which are sold in a restaurant, as defined in Section 28522 of the Health and Safety Code.
(Amended by Stats. 1981, Ch. 72, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 4 - Containers for Particular Products › Section 34596.

34596. The gift, sale, loan, or furnishing in any manner of any milk-dispensing device is subject to Article 4 (commencing with Section 61371) of Chapter 1 of, and Article 9 (commencing with Section 6204l) of Chapter 2 of, Part 3, Division 20 of this code.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34621.

34621. Every restaurant, school, hospital, soda fountain, or other place where food or drink is served to the public, which sells milk, cream, ice cream, ice milk, buttermilk, or any combination of them for consumption on the premises, upon emptying any container of such a product, which container is to be returned to the milk distributor or manufacturer, shall rinse and drain the container, unless it is a glass container.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34622.

34622. Every container of milk, cream, or any product of milk or cream which is delivered to the consumer by any retailer or distributor and which is to be returned to such retailer or distributor shall be rinsed and drained before it is returned.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34623.

34623. Every container, except a single service container, of any kind in which milk or any product of milk is kept, stored, transported, or delivered, shall be sound, smooth, free from rust or open seams, and at all times kept in a condition which shall permit thorough cleansing of all surfaces with which the milk or its products come in contact.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34624.

34624. Any container, including any ice cream cabinet, which is commonly used or intended for the reception, storage, or delivery of milk, cream, or any product of milk or cream shall be used exclusively for the storage and use of milk and milk products. It shall not be used for any other purpose.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34625.

34625. Any empty container which is delivered to any producer, manufacturer, retailer, or distributor for the reception of milk or any product of milk shall be kept in a clean, sanitary, and sterile condition. It shall not be used for any other purpose.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34626.

34626. Every receptacle, except a single service container, which is used to contain market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to the retail trade, shall be properly washed and sterilized on the premises where it is filled, in a separate room which is designed and equipped for such washing and sterilizing.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34627.

34627. A single service container shall be made of sanitary material, in a sanitary manner, and shall be kept in a sanitary condition free from contamination until it is actually filled with milk, skim milk, buttermilk, or cultured buttermilk.
(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 10 - Containers › ARTICLE 5 - Sanitation › Section 34628.

34628. Market milk, skim milk, buttermilk, or cultured buttermilk for sale or disposal to the retail trade shall not be transferred from one receptacle to another upon any highway, any street or sidewalk, or upon any vehicle or in any place except a milk room as specified in Section 34591 or in a place where such product is served for consumption on the premises.
(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 10 - Containers › ARTICLE 6 - Violations › Section 34651.

34651. It is unlawful for any person to use the words “Registered in California” or the abbreviation “Reg. Cal.” on any container, cabinet, or other equipment unless the brand which appears upon it is registered pursuant to 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 10 - Containers › ARTICLE 6 - Violations › Section 34652.

34652. It is unlawful for any person without the written consent which is provided for in Section 34562, except the registrant of the brand and the members of any association which is the registrant, to use or fill with milk or any product of milk, any container, cabinet, or other dairy equipment, which is marked or distinguished with a brand, of which a description has been filed and published.
(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 10 - Containers › ARTICLE 6 - Violations › Section 34653.

34653. It is unlawful for any person to do any of the following:
(a) Erase, obliterate, cover up, or conceal any brand without first notifying the director and receiving his approval.
(b) Sell, buy, give, take, or otherwise traffic in such containers, cabinets, or other dairy equipment, except as provided in Section 34562.
(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 10 - Containers › ARTICLE 6 - Violations › Section 34654.

34654. It is unlawful for any common carrier or private carrier for hire, except those which are engaged in transporting milk, cream, and containers of milk and cream to and from dairy farms, to receive or transport any empty container, cabinet, or other equipment which is marked with a brand registered pursuant to this chapter unless such carrier has in its possession a bill of lading or invoice which shows all of the following:
(a) The name and address of the consignor.
(b) The name and address of the consignee.
(c) The number of containers, cabinets, or other equipment and the brand which appears upon them.
(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 10 - Containers › ARTICLE 6 - Violations › Section 34655.

34655. A consignee shall not accept or receive any empty container, cabinet, or other equipment which he is not authorized to use. Nothing herein shall be construed to derogate from any powers or authority of the Public Utilities Commission of this state.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 10 - Containers › ARTICLE 7 - Condemnation › Section 34681.

34681. Any container which is found to have been used in violation of the requirements of this code shall be condemned and marked with the word “condemned” in any appropriate manner. Such a container shall not be used again in connection with the handling of milk or any product of milk for human consumption, until it has been cleaned or repaired in a manner which is acceptable to 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 11 - Transportation › Section 34801.

34801. Every carrier of milk, cream, or any product of milk, whether a producer, gratuitous private carrier, private carrier for hire, or common carrier, shall maintain every conveyance which it uses in transporting milk and cream in a clean and sanitary condition.
(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 11 - Transportation › Section 34802.

34802. Every conveyance, while transporting milk or cream or any clean empty container which is intended for milk or cream, and any shipping platform or premises where any such container is held while waiting shipment, shall either be enclosed or provided with a canvas covering or otherwise afforded protection from the direct rays of the sun, from warm air, dust, mud, rain, and other sources of contamination.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 11 - Transportation › Section 34803.

34803. Milk, cream, or any product of milk or cream shall not be transported in connection with, or close to, any other commodity from which it may absorb any foreign flavor or which may contaminate it. Milk, cream, or any empty container which is used for milk or cream shall not be hauled in any vehicle which is used for hauling manure or garbage or in any other unclean conveyance.
(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 11 - Transportation › Section 34804.

34804. Every milk or cream can or other shipping container for any product of milk shall be handled carefully and, while it contains milk, cream, or other product of milk, shall be kept right end up.
(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 11 - Transportation › Section 34805.

34805. Nothing herein shall be construed to derogate from any powers or authority of the Public Utilities Commission of the state.
(Enacted by Stats. 1967. Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 15 - MILK AND MILK PRODUCTS ACT OF 1947 › PART 1 - GENERALLY › CHAPTER 11 - Transportation › Section 34806.

34806. A carrier of milk, cream, or any product of milk, whether a gratuitous private carrier, private carrier for hire, or common carrier, shall not receive or transport any milk, cream, or product of milk after notification by the director or an approved milk inspection service that such product is unclean, polluted, tainted, unwholesome, stale, impure, or adulterated, or has been produced in violation of any provision of this code, except as provided for in Section 32764.
(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 12 - Licenses, Records, and Reports › ARTICLE 1 - Definitions › Section 34951.

34951. 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 12 - Licenses, Records, and Reports › ARTICLE 1 - Definitions › Section 34952.

34952. “Milk products plant license” means a license which is issued by the director pursuant to Section 35015 for a milk products plant.
(Amended by Stats. 1983, Ch. 423, Sec. 5.)