SECTIONS 34591-34596 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 34591-34596

34591. Except as otherwise provided in this article, it is unlawful
for any person to sell or otherwise dispose of any market milk, skim
milk, flavored milk, flavored dairy drink, buttermilk, or cultured
buttermilk to the retail trade, unless the product is contained in a
standard milk bottle or in a single service container which has been
mechanically filled and capped or sealed in a milkroom which is
properly designed and equipped as approved by the director. The
pouring lip of standard milk bottles used to package market milk and
milk products sold at retail shall be covered at the time of capping
or closure to at least its largest diameter by the cap or cover. A
single service container shall meet the specifications of the United
States Public Health Service Grade A Pasteurized Milk Ordinance
Recommendations.

34592. Market milk which is served by any school, hospital, hotel,
boardinghouse, restaurant, soda fountain, lunch counter, or other
places where food or drink is served to the public, shall be served
in the individual service bottle or container which has been filled
and capped or sealed in a milk room, properly designed and equipped
as approved by the director, the cap or seal of which shall not be
removed except in the presence of the consumer or patron. This
section does not:
(a) Apply to market cream or half-and-half.
(b) Prohibit the serving of homogenized market milk from a milk
dispensing device which has been approved for such use by the
director pursuant to Section 34594.
(c) Apply to any private boarding school which is licensed
pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of
the Health and Safety Code which is also a private full-time day
school within the meaning of Section 48222 of the Education Code.
(d) Apply to any fraternity, sorority, dormitory or eating club,
the existence of which is authorized or approved by the board of
trustees or other governing agency of a college or university.
(e) Apply to any children's center, day care program, or preschool
program, as such terms are used in Chapter 2 (commencing with
Section 8200) of Part 6 of the Education Code.

34593. Market milk or the fluid derivative of market milk which is
used in the preparation of milk shakes or other mixed milk drinks
shall be dispensed or poured from standard milk bottles or single
service containers which have been filled and sealed or capped in a
milk products plant.
This section does not prohibit the use of homogenized market milk
or flavored dairy drinks drawn from a milk dispensing device that is
approved pursuant to Section 34594 in the preparation of milk shakes
or other mixed milk drinks.

34594. Homogenized market milk may be sold and served from and by
the use of a milk-dispensing device which has been approved for such
use by the director. Any such milk-dispensing device shall be
installed and located in a place and manner which are acceptable to
the local health authority.

34595. Homogenized market milk, which is served from a
milk-dispensing device that has been approved for that use by the
director, shall be dispensed directly from the dispensing device into
the glass or other container from which the customer drinks the
milk. It shall be served in minimum quantities of eight ounces in
each such glass or container, except that individual servings of less
than eight ounces may be served with children's or junior meals
which are sold in a restaurant, as defined in Section 28522 of the
Health and Safety Code.

34596. The gift, sale, loan, or furnishing in any manner of any
milk-dispensing device is subject to Article 4 (commencing with
Section 61371) of Chapter 1 of, and Article 9 (commencing with
Section 6204l) of Chapter 2 of, Part 3, Division 20 of this code.