SECTIONS 38901-38908 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 38901-38908

38901. The production and distribution of products resembling milk
products, is hereby declared to be a business affected with a public
interest. The provisions of this chapter are enacted in the exercise
of the police powers of this state for the purpose of protecting the
health, safety, and welfare of the people of this state.

38902. The Legislature further finds and declares all of the
following:
(a) There is an increasing advent into the marketplace of food
products which in appearance, taste and other physical
characteristics resemble milk products, which are frequently mistaken
by consumers for milk and milk products, which are used for the same
or similar purposes as milk and milk products, which are frequently
manufactured, transported and sold in the same places as milk and
milk products, which are frequently packaged in the same types, sizes
and shapes of containers as milk and milk products, which are
suitable media for the growth and multiplication of micro-organisms;
but which food products contain fats and oils other than milk fat in
combination with milk products or contain no milk products.
(b) It is necessary in order to prevent and avoid false,
misleading and deceptive marketing of such products resembling milk
products, and in order to prevent deception and confusion among
consumers, and in order to protect public health, that this chapter
be enacted, and that the director from time to time promulgate
regulations governing the labeling, identification and sanitary
production of all such products.

38903. This chapter does not apply to:
(a) Margarine, dairy spread, or spread subject to Chapter 8
(commencing with Section 39351).
(b) A distinctive proprietary food compound which complies with
all of the following requirements:
(1) Not readily mistaken in taste for milk, or for evaporated,
skim, condensed, or dried milk.
(2) Prepared and designed for feeding infants and young children.
(3) Sold exclusively by druggists, orphanages, child welfare
associations, hospitals, and similar institutions or for shipment
outside of this state.
(c) Imitation ice cream and ice milk subject to Chapter 7
(commencing with Section 39151).
(d) Any product resembling a milk product which resembling product
is subjected to a temperature high enough to sterilize the product
and is packaged in an hermetically sealed container.

38903.5. Imitation cheese or substitute for cheese are subject to
the provisions of this chapter.

38903.6. Nondairy frozen dessert is subject to the provisions of
this chapter.

38904. Except as provided in this section, no products resembling
milk products shall be used in any of the charitable or penal
institutions that receive assistance from the state. If the state is
informed in writing that government holdings of milk or milk products
cannot be purchased or acquired by the state, the Department of
General Services may purchase for use in state institutions such
products if requested to do so by the director of the department
which has control of any state institutions for which such product is
intended.

38905. It is unlawful for a restaurant or any other place where
food is served to the public for consumption on the premises to
misrepresent products resembling milk products as milk products.

38906. If a provision of this chapter and a provision of the Health
and Safety Code are applicable to the same person and subject
matter, the provisions of this chapter shall prevail.

38907. If any article, section, subdivision, sentence or clause of
any provision of this chapter is for any reason adjudged
unconstitutional or unenforceable, such decision does not affect the
validity of the remaining provisions of this chapter. The Legislature
hereby declares that it would have enacted all provisions of this
chapter irrespective of the fact that one or more of such provisions
is adjudged unconstitutional or unenforceable.

38908. The provisions of this chapter shall not be construed as
necessitating any alterations or deviations in the normal and
traditional methods of manufacturing, distributing, and selling
products resembling milk products, except insofar as such methods
specifically violate provisions of this chapter.