SECTIONS 32901-32921 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 32901-32921

32901. It is unlawful for any person to sell, give away, deliver,
or knowingly purchase or receive any milk, cream, product of milk or
cream, imitation milk, imitation cream, product resembling a milk
product, or any substitute for any milk product which does not
conform to the standards which are established by this division. It
is unlawful for any person to sell, give away, deliver, or knowingly
purchase or receive as, or for, milk or cream any product which is
prepared or manufactured by the mixing or blending of milk, skim
milk, or any of the derivatives of milk or skim milk, with butter.

32902. It is unlawful for any person to sell, for human consumption
as cow's milk, any goat's milk or any mixture of cow's milk and goat'
s milk. It is unlawful for any person to sell for human consumption
as goat's milk, any cow's milk or any mixture of goat's milk and cow'
s milk.

32903. It is unlawful for any person to sell any milk, or any
product of milk, from cows or goats that have not negatively passed a
tuberculin test applied regularly in accordance with regulations of
the department by one of the following:
(a) A veterinarian in the employ of the department.
(b) A veterinarian of the United States Department of Agriculture.
(c) A veterinarian approved by the department and accredited by
the United States Department of Agriculture.
In the case of cows or goats which are producing milk that is to
be used as raw market milk, "tuberculin test applied regularly" means
at least once annually.

32903.5. It is unlawful for any person to sell any milk, or any
product of milk, from cows or goats that are reactors to a
brucellosis test applied in accordance with the law and regulations
of the department.

32904. If reacting animals are found they shall be removed from the
herd immediately by the owner and kept separate and apart from other
cattle or goats and disposed of in accordance with the provisions of
Part 2 (commencing with Section 9801) of Division 5.

32905. Milk or any milk product may be sold in this state in the
following cases:
(a) If such milk or milk product was produced in a modified
accredited or modified certified area or their equivalent within the
United States.
(b) If, in the case of any milk product which was produced in a
foreign country, satisfactory evidence is presented which indicates
its origin from nonreacting tuberculin or brucellosis tested animals.

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

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

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.

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.

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.

32912. Any milk or milk product, frozen dessert, or cheese that is
subject to a standard of identity or standard of composition defined
in this division may be specially formulated or processed to lower
the content of its milkfat, alter its milkfat composition, or
otherwise modify its nutrient profile to the extent that it will not
comply with the compositional requirements of its standard of
identity or composition. These modified foods shall be labeled in
accordance with the applicable provisions of Title 21 of the Code of
Federal Regulations.

32912.5. Any labeling requirements adopted by the secretary
pursuant to this section shall be in conformity with 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.
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 prior to the use of those
labels.

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.

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.

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.

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.

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.

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.

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.

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.

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."

32921. The official final action methods of analysis for the
determination of the components of milk, bulk milk, products of milk,
or products resembling milk products, when such component
determinations are required as a basis for payment or to meet a legal
compositional requirement of this division, shall be as follows:
(a) Milk fat: Roese-Gottlieb
(b) Total Solids: AOAC Method
(c) Protein: Kjeldahl Procedure
(d) Lactose: Polarimetric Method
The procedural regulations required for official final action
methods shall be adopted not later than April 1, 1979.
The director may, by regulation, adopt other acceptable methods of
comparable accuracy.
Milk testing regulations in existence on December 31, 1978, shall
remain in effect until replaced or eliminated by action of the
director under the provisions of this section.