SECTIONS 33291-33298 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 33291-33298

33291. Every person that is engaged in the production of market
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 to the secretary.

33292. Every milk products plant that is subject to this chapter
shall deduct from payments that are due producers for market milk,
and shall pay to the secretary, the fee required to be paid by the
producer.

33293. The inspection fee is payable during the first week of
January, April, July, and October of each year.

33294. (a) The secretary shall fix the fee for dairy farm
inspection not to exceed the actual directly related costs.
(b) Whenever the secretary finds that the cost of administering
this chapter can be defrayed from revenue derived from lower fees,
the secretary may adjust the fee, but in no case shall the initial
inspection fee for producers who sell market milk at wholesale that
is to be sold as graded market milk, exceed three mills ($0.003) per
gallon of the first 45,000 gallons only on graded market milk that
was sold during the quarter-year period preceding the date the
inspection fee becomes due and payable.
(c) Notwithstanding the fee limit specified in this section for
producers, the secretary may increase the inspection fee by an amount
not to exceed one quarter mill ($0.00025) per gallon per annum.
(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 in the initial inspection. However, in no
event shall the fee for an initial inspection exceed the limitation
established in subdivisions (a) and (b).

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.

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.

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.

33298. The secretary shall establish plan review fees for sanitary
design and construction review activities relating to milk product
plants and frozen milk product plants pursuant to Chapter 6
(commencing with Section 33701). The fees shall not exceed the actual
direct costs required to perform sanitary design and construction
plan checks. Any money collected by the secretary pursuant to this
section shall be paid into the Department of Food and Agriculture
Fund.