SECTIONS 34001-34008 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 34001-34008

34001. Pasteurization of milk or a milk product is a process which
consists of one of the following:
(a) Uniformly heating milk or a milk product to a temperature of
not less than 145 degrees Fahrenheit and of holding it at such
temperature for at least 30 minutes, except a milk product which has
a higher fat content than milk, or contains added sweeteners, or
both, shall be heated to at least 150 degrees Fahrenheit and held at
or above this temperature for at least 30 consecutive minutes.
(b) Uniformly heating milk or a milk product to a temperature of
at least 161 degrees Fahrenheit and holding it at such temperature
for at least 15 seconds, except a milk product which has a higher fat
content than milk, or contains added sweeteners, or both, shall be
heated to at least 166 degrees Fahrenheit and held at or above this
temperature for at least 15 consecutive seconds.
Each such type of heating shall be conducted in approved and
properly operated equipment. The milk or milk product shall be
immediately cooled to a temperature of not above 50 degrees
Fahrenheit after the completion of either of such heatings.
Nothing contained in this chapter shall be construed as
prohibiting any other process which has been demonstrated to be
equally efficient and is approved by the director.

34001.5. When the term "ultra-pasteurized" is used to describe any
milk or milk product, it means that such milk or milk product has
been thermally processed, either before or after packaging, in
accordance with the ultra-pasteurization requirements of regulations
established under the Federal Food, Drug and Cosmetic Act, so as to
produce a product which has an extended shelf life under refrigerated
conditions.
The installation and use of any ultra-pasteurization equipment
shall be subject to the approval of the director.

34002. If the process of ripening or starting is to be commenced
immediately, each of the following shall be cooled to a degree no
lower than necessary for such ripening or starting:
(a) Cream which is pasteurized for use and which is used in the
manufacture of butter.
(b) Milk which is pasteurized for use and which is used in the
manufacture of cheese.

34003. In the process of producing cream from market milk which is
to be used as market cream or for the standardization of market milk,
such cream may be heated to a temperature of not to exceed 165
degrees Fahrenheit and immediately cooled to a temperature of 50
degrees Fahrenheit or less. Such heat treatment shall not prevent the
subsequent pasteurization of such cream.

34004. Pasteurized skim milk, which is derived from market milk and
which is used for standardizing pasteurized market milk, may be
repasteurized once.

34005. Market cream which has not been packaged for distribution to
consumers may be repasteurized once.

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.

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.

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 or ice milk that is manufactured on the
premises from ice cream mix, ice milk mix, or premix that is supplied
by a licensed milk products plant.
(2) Products sold through soft-serve establishments, including
frozen yogurts and frozen dairy desserts.
(c) The director may, by regulation, provide for additional
exemptions from this section.
(d) Upon a person demonstrating that immediate compliance with
this section would cause undue economic hardship, the director may
grant to that person an extension until July 1, 1988, to comply with
this section.