SECTIONS 61301-61317 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 61301-61317

61301. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

61302. "Bulk milk" or "bulk cream" means milk or cream,
respectively, which has not been pasteurized or packaged in bottles,
cartons, dispenser cans, or other consumer packages, and which is
handled or delivered, in bulk, in tanks, cans, or other bulk
containers.
For this purpose, skim milk or cream which has been preheated or
pasteurized not more than once, as provided in Section 34004 or 34005
of this code, and is handled or delivered in bulk is not
pasteurized.

61303. "Consumer" means any person that buys milk, cream, or any
dairy product for consumption and not for resale.

61304. "Cream" has the meaning of that term as defined in Section
32504.

61305. "Dairy product" means any product classified as Class 1 or
Class 2 under Section 61932, 61933, or 61936; any frozen product or
frozen product mix classified as Class 3 under Section 61934; any
product classified as Class 4b under subdivision (b) of Section
61935; butter; pasteurized process cheese; and any filled product or
any imitation milk product in which the use of market milk or any
component of market milk is required by Section 38925. This
definition applies to the designated products whether processed or
manufactured in the state or outside of the state and irrespective of
the classification of those products at a point of origin outside
the state.

61306. (a) "Distributor" means any handler, as defined in Section
61826, and includes brokers and agents and the nonprofit cooperative
associations described in Article 2 (commencing with Section 61331)
of this chapter in the transactions in which such article provides
that the associations are distributors. It also includes both of the
following:
(1) Any person who regularly operates mobile vehicles on routes
predominantly for sales of market milk, market cream, or dairy
products on such routes to wholesale customers.
(2) A wholesale customer only as to milk, cream, or any dairy
product that is actively and directly processed, manufactured, or
packaged by such wholesale customer.
(b) Distributor does not, however, include any of the following:
(1) Any wholesale customer which is not actively and directly
engaged in manufacturing, processing, or packaging milk, cream, or
any dairy product.
(2) Any producer that delivers milk or cream only to a distributor
or manufacturer.

61307. "Manufacturing milk" has the meaning of that term as defined
in Section 32509.

61307.2. "Manufacturing milk handler" means any person who, as
owner, agent, broker, or intermediary, either directly or indirectly,
receives, purchases, or otherwise acquires ownership, possession, or
control of manufacturing milk in unprocessed or bulk form from a
producer, a producer-handler, or another manufacturing milk handler
for the purpose of manufacture, processing, sale, or other handling,
regardless of whether the manufacturing milk is produced within or
outside this state.

61307.4. "Manufacturing milk plant" means any place, structure, or
building where a handler receives manufacturing milk.

61308. "Manufacturer" means any person that is engaged in the
business of manufacturing any dairy product.

61309. "Market milk" has the meaning of that term as defined in
Section 32510.

61310. "Market cream" has the meaning of that term as defined in
Section 35811.

61311. "Milk" has the meaning of that term as defined in Section
32511.

61312. "Packaged milk," "packaged cream," or "packaged dairy
product" means market milk, market cream, or any dairy product,
respectively, which is packaged in cartons, bottles, dispenser cans,
or other consumer packages for sale to wholesale customers or
consumers.

61313. "Person" means any individual, firm, corporation,
partnership, limited liability company, trust, incorporated or
unincorporated association, nonprofit cooperative association,
nonprofit corporation, or any other business unit or organization.

61314. "Producer" means any person that operates a dairy herd which
produces milk or cream commercially and whose bulk milk or bulk
cream is received or handled by any distributor, manufacturer, or any
nonprofit cooperative association of producers. It includes the
nonprofit cooperative associations described in Article 2 (commencing
with Section 61331) of this chapter in the transactions in which
such article provides the associations are producers.

61315. "Producer-distributor" means any person that is both a
producer of milk or cream and a distributor of milk, cream, or any
dairy product. For the purpose of this chapter, a
"producer-distributor" is a producer in any transaction which
involves the delivering of bulk milk or bulk cream produced by him to
a distributor, manufacturer, or any nonprofit cooperative
association of producers, and is a distributor in any transaction
which involves the pasteurization of bulk market milk or bulk market
cream, or the packaging of such milk or cream in bottles, cartons,
dispenser cans, or other consumer packages, or the sale or delivery
of packaged milk, packaged cream, or packaged diary products.

61316. "Restricted use market milk" has the meaning of that term as
defined in Section 32516.5.

61317. "Wholesale customer" means any person other than a
distributor that buys packaged milk, cream, or any dairy product for
resale to consumers or to other wholesale customers.