SECTIONS 33701-33705 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 33701-33705

33701. It is unlawful for any person to operate a milk products
plant unless such plant scores a minimum of 80 percent on the
official scorecard for milk products plants which is established by
regulation of the director. None of the provisions for scoring as set
forth herein shall be applied to a dairy farm.

33702. The provisions of Sections 33701, 33762, 33763, 33764, and
33765 do not apply to any milk products plant, its utensils,
apparatus, and equipment which are used for the processing,
manufacturing, handling, and storing of milk, or any products of milk
if such milk products plant and its equipment are devoted
exclusively to the preparation of products for animal and poultry
feeds.

33703. Notwithstanding any provision of Section 33522, 33764, or
33765, containers, utensils, appliances, and equipment used for
handling or bottling milk or milk products may be used for handling
and bottling fruit juices or fruit juice base beverages pursuant to
regulations of the director.

33704. (a) Sections 33701, 33731, 33732, 33733, 33734, 33767,
33768, 33770, 33771, 33776, and 34593 do not apply to the manufacture
of ice cream that is manufactured from ice cream mix, to frozen
dairy dessert that is manufactured from frozen dairy dessert mix, to
frozen dessert that is manufactured from frozen dessert mix, to
frozen yogurt that is manufactured from frozen yogurt mix, or to
nondairy frozen dessert that is manufactured from nondairy frozen
dessert mix, if those products are manufactured in a freezing device
from which those products are served directly in a semifrozen state,
without packaging of any type, for consumption on the premises in or
from rooms where food is served to the public.
Except for nondairy frozen dessert mix, all mixes so used shall be
secured from a licensed manufacturer of milk products.
Ice cream mix, frozen yogurt mix, frozen dairy dessert mix, frozen
dessert mix, and nondairy frozen dessert mix shall be manufactured
into a semifrozen state without adulteration and freezing device
salvage shall not be reused as a mix.
(b) A limited packaging permit may be issued by the secretary to a
semifrozen (soft-serve) milk products plant for on-premises
manufacture and packaging of hard frozen dairy products or hard
frozen dairy product novelties. The permit may only be issued after
the suitability of the facility for manufacture and packaging has
been determined by the secretary. An annual onsite evaluation of
compliance with the specific permit conditions shall be completed by
the secretary prior to renewal of the limited packaging permit. A
semifrozen milk products plant issued a limited packaging permit
shall meet all of the following standards:
(1) The manufacturing and packaging of hard frozen dairy product
novelties shall be done when the establishment is closed to the
public.
(2) The hard frozen products shall only be sold to purchasers for
consumption. No hard frozen product manufactured pursuant to the
limited packaging permit shall be sold for resale.
(3) All frozen dairy product mixes used for the manufacture and
packaging of hard frozen dairy product novelties shall be dispensed
from single service containers sealed at the licensed milk products
plant where processed and pasteurized. Reconstitution of dry mix or
condensed mix is prohibited at a semifrozen milk products plant
issued a limited packaging permit.
(4) Adequate facilities, consistent with recognized good
manufacturing practices for the production and packaging of hard
frozen dairy products, as determined by the secretary, shall be
provided as a condition of the limited packaging permit. The
facilities shall include, but are not limited to, adequate utensil
and novelty mold washing, sterilization and storage, and sufficient
sanitary work area, including handwashing facilities, dedicated to
the manufacture and packaging of hard frozen dairy product novelties.
Sanitation guidelines consistent with good manufacturing and
handling practices for retail food establishments manufacturing and
packaging hard frozen dairy products in conformance with Part 110
(commencing with Section 110.3) of Title 21 of the Code of Federal
Regulations shall be utilized by the secretary as a condition for
issuance and renewal of the limited packaging permit.
(5) Each individually packaged hard frozen novelty shall be
labeled with the name of the product and the name and address of the
manufacturer.
(c) Nondairy frozen dessert mix shall be obtained from
manufacturers licensed pursuant to Sections 38931 and 38934. Any dry
or condensed mix to be reconstituted into freezable form shall be
reconstituted on the premises in containers or equipment that meet
the requirements of Sections 33763, 33764, 33765, and 33766. Any
water used for reconstitution shall be treated in a manner to ensure
a quality equal to potable pasteurized water. Upon reconstitution,
the product shall be poured directly into the freezing unit or
refrigerated at a temperature not to exceed 45 degrees Fahrenheit,
and so maintained until frozen, or both.
(d) Where any retail establishment manufactures two or more of the
products provided for under this section, each of those products
shall be processed in a separate freezing device, and that freezing
device shall be clearly identified as to the product being
manufactured therein.
(e) The secretary may, by agreement with any approved milk
inspection service, authorize the service to inspect and enforce
requirements of this code applicable to the establishments covered by
this section. Any agreement shall provide that the approved
inspection service shall collect the applicable license fee for those
establishments as provided in Sections 35221 and 38933. The fees so
collected shall be retained by the approved service to cover its cost
of enforcement, but 15 percent of the fees collected shall be
remitted to the secretary to cover the cost of administration.

33704.5. (a) Any person who manufactures and directly serves frozen
yogurt or nondairy frozen dessert in the manner specified in Section
33704, shall post on the premises where the manufacture and service
takes place a sign, or signs, which (1) states that frozen yogurt or
nondairy frozen dessert is served on the premises and (2) lists the
ingredients in each of the products served.
(b) The sign required to be posted pursuant to subdivision (a)
shall be placed in a conspicuous location, such as on a menu or other
sales device, and shall be printed in a legible manner that is
understandable under normal conditions by the person purchasing the
frozen products.

33704.7. "Frozen dairy dessert" is the food prepared by freezing
while stirring a pasteurized mix containing milk or ingredients,
derived from milk, or both, and which may contain other optional safe
and suitable ingredients. Frozen dairy desserts contain less than
six percent, by weight, of nonfat milk solids, exclusive of any
caseinates, and less than 75,000 bacteria per gram.

33704.8. Frozen desserts, not subject to a standard of identity
prescribed by Title 21 of the Code of Federal Regulations, may be
manufactured or sold, or both, if they are in compliance with all
applicable health, safety, and labeling requirements, and if their
labels bear a statement of identity approved by the secretary.

33705. Notwithstanding any other provisions of this division, any
wholesome agricultural food product which does not affect the flavor
or quality of milk products may be manufactured in any milk products
plant subject to conditions which are prescribed by the director, and
upon obtaining a special permit which is issued by the director
after proper investigation.