SECTIONS 36123 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 36123

36123. Whenever two of the last four consecutive bacteria counts,
coliform determinations, or cooling temperatures taken on separate
days exceed the limit of the standard for market milk or products of
market milk, or both, the health authority or secretary shall send a
notice thereof to the producer or distributor concerned. This notice
shall be in effect as long as two of the last four consecutive
samples exceed the limit of the standard. An additional sample shall
be taken within 14 days of the sending of the notice, but not before
the lapse of three days. Immediate restricted use of the market milk
or product of market milk or exclusion of the market milk or product
of market milk shall be instituted whenever the standard is violated
by three of the last five bacteria counts, coliform determinations,
or cooling temperatures, provided that no action required by this
section shall be based upon a sample that is over 180 days old.
Violations of bacterial, coliform, and cooling temperature
standards shall be followed promptly by inspection to determine and
correct the cause. This inspection shall be made immediately when the
notice required by this section is sent.
Samples may be taken from consecutive milking at the producer
level and from consecutive lots of processed products and shall be
taken when requested by the producer or processor. Analysis of those
samples shall commence within 36 hours from their taking.
Reinstatement of the market milk or products of market milk shall
be made when two consecutive samples taken within a seven-day period
following notice of restricted use again meet the standard. For the
purpose of this section sampling for reinstatement and the new
compliance series shall begin with the first sample taken after use
is restricted.