California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 1 - Reportable Diseases and Conditions › Article 2 - General Instructions › Section 2528 - Contamination by Pathogenic Organisms of Milk, Milk Products or Products Resembling Milk Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The State
					 Department of Health Services finds that the presence of any of the following
					 pathogenic organisms in milk, milk product, or product resembling milk products make
					 such product unsafe for human consumption: Mycobacterium tuberculosis; Brucella
					 spp.; Streptococcus pyogenes, group A hemolytic; Corynebacterium diphtheria;
					 Salmonella paratyphi; Salmonella schottmuelleri; Salmonella hirschfeldi; Salmonella
					 typhi; Salmoneela dublin; Salmonella typhimurium; Shigella spp. Whenever a health
					 officer finds that milk, milk product, or product resembling milk products, is
					 unsafe for human consumption because it contains any of the above named organisms,
					 he shall issue a written order to the producer or distributor of the product (1)
					 summarizing the laboratory findings, and (2) prohibiting the sale or disposal of
					 such milk, milk product, or product resembling milk products, except by a method
					 approved by him, until such time as he finds the product or products to be safe for
					 human consumption.
(b) Whenever a health
					 officer has evidence that milk, milk product, or product resembling milk products
					 has caused human illness or contains toxins which make such product unsafe for human
					 consumption, he may issue a written order to the producer or distributor of the
					 product (1) stating the facts upon which his conclusions are based, and (2)
					 prohibiting the use, sale, or disposal of such milk, milk product, or product
					 resembling milk products, except by a method approved by him, until such time as he
					 finds it to be safe for human consumption.
(c) The health officer shall immediately forward a
					 copy of any order issued pursuant to this section to the State Director of Health
					 Services.
(d) Any producer or
					 distributor of milk, milk product, or product resembling milk products, subject to
					 an order of a health officer pursuant to this section may appeal to the State
					 Department of Health Services solely upon the question of whether such products are,
					 in fact, safe for human consumption. Such appeal shall be made in writing, stating
					 which of the facts set forth in the order are admitted and denied. Upon receipt of
					 the written appeal, the State Director of Health Services, after such investigation
					 of the matter as he deems necessary, may amend or rescind the order, or set the
					 matter for hearing before a hearing officer designated by him. In the event the
					 order is not rescinded or amended to the satisfaction of the appellant, the matter
					 shall be set for hearing. The hearing shall, if possible, be set within 14 days from
					 the date of receipt of the appeal, unless additional time is required by the
					 appellant. Insofar as is practicable, the procedures of the Administrative Procedure
					 Act (Ch. 5, Pt. 1, Div. 3, Title 2, of the Government Code) shall apply. The hearing
					 officer shall submit a proposed decision to the State Department of Health Services
					 which shall issue its decision in accordance with Section
					 11517 of the Administrative Procedure
					 Act. The decision shall be subject to judicial review.
(e) The procedures of this section authorize a
					 health officer to take immediate action to protect the public health in the event he
					 finds that milk, milk products, or products resembling milk products constitutes the
					 applicability of other provisions of law pertaining to the regulation of such
					 products, including but not limited to, the provisions of the Agricultural Code and
					 the California Pure Foods Act (Ch. 3, Div. 21, Health and Safety Code).
1. Repealer and
						new section filed 12-22-69; effective thirtieth day thereafter (Register 69, No.
						52).
Note: Authority cited: Sections
						  102 and
						  208,
						  Health and Safety Code. Reference: Sections
						  3110-
						  3125,
						  Health and Safety Code.