SECTIONS 39901-39912 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 39901-39912

39901. (a) Dairy beverages are milk and dairy food beverages
resembling milk or milk products. However, dairy beverages do not
conform to the compositional standards for milk or milk products as
established in this code or Title 21 of the Code of Federal
Regulations because they contain safe and suitable ingredients or
combinations of ingredients not specified in those standards. Dairy
beverages are products intended for consumption as a beverage. Milk
or the components of milk shall comprise at least 15 percent of the
product on a dry matter basis or at least 2 percent on a total weight
basis.
(b) For purposes of establishing compliance with the minimum dairy
ingredient criteria, dairy ingredients shall include all products,
components, and derivatives of milk, including, but not limited to,
whey and whey products and caseinates specified in subdivision (c) of
Section 135.110 of Title 21 of the Code of Federal Regulations, but
excluding added lactose.

39902. The product may not contain any added fats or oils other
than milkfat, except those fats present in incidental amounts that
are naturally occurring in, or contributed by, flavorings or
characterizing food ingredients. When the product contains water as
an ingredient, water shall be declared in the ingredient list.

39903. The product shall be pasteurized, ultra-pasteurized, or UHT
processed and packaged, pursuant to the specifications and procedures
for the applicable process contained in the Code of Federal
Regulations. The labeling shall comply with any applicable labeling
requirements contained in the Code of Federal Regulations applicable
to the heat treatment used on the product.

39904. The product may be cultured with safe and suitable bacterial
cultures following pasteurization, ultra-pasteurization, or UHT
processing.

39905. This article does not apply to any product regulated under
Chapter 6 (commencing with Section 38901) as a product resembling a
milk product or any dairy product for which a standard is established
in this division.

39906. The label of all products subject to this standard shall be
submitted to the secretary for approval prior to sale. In addition to
the labeling requirements specified in this article, the secretary
may, by regulation, require or prohibit any other information,
format, or design for the label that the secretary determines to be
in the public interest.

39907. (a) The term "dairy beverage" or "a dairy beverage" may
appear on the principal display panel of the product only when milk
and the components or derivatives of milk comprise at least 30
percent of the product on a dry matter basis, or at least 4 percent
on a total weight basis.
(b) When the term "dairy beverage" or "a dairy beverage" appears
on the principal display panel, it shall be in letters not exceeding
the height of the largest letters on the principal display panel.
(c) Notwithstanding subdivision (a), when the term "dairy beverage"
or "a dairy beverage" appears on the information panel of the label
of the product, it shall be clearly and conspicuously labeled in bold
type and of a type size equal to that used in the ingredient list.

39908. The product shall be labeled with a common or usual name of
the beverage or a fanciful name that does not mislead, deceive, or
confuse the consumer. Use of the name "dairy beverage" or "a dairy
beverage" is restricted to products that conform to the requirements
of Section 39907. The name shall not cause the consumer to believe
that the product is a milk product for which a standard is
established in this division.

39909. Each container that contains the product shall be labeled
with the name and address of the manufacturer or distributor, and in
the event the address is not the address of the manufacturer or final
packaging plant, the label shall include the national uniform
federal information processing standards state code number to be
immediately followed by a hyphen and the plant number assigned by the
appropriate state regulatory agency.

39910. If the product is labeled "Grade A," all dairy ingredients
shall be derived from market milk.

39911. The label of the product may contain references to, and
comparisons with, a milk product if those statements, symbols, marks,
designs, or representations are reasonable, relevant, truthful,
complete, and not deceptive or misleading. The secretary may require
satisfactory proof of the compliance of any label with this section.

39912. No product subject to this standard shall be advertised,
displayed for sale, or sold in any manner or under any circumstances
or conditions that are likely to mislead, deceive, or confuse
consumers into believing the products are products defined in this
division. The secretary may require satisfactory proof of the
compliance of a dairy beverage with this section.