SECTIONS 61821-61839 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 61821-61839

61821. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

61822. "Board" means any advisory board created as authorized in
this chapter.

61823. "Bulk market milk" means market milk which has not been
pasteurized or packaged in bottles, cartons, dispenser cans, or other
consumer packages, and is handled or delivered, in bulk, in tanks,
cans, or other bulk containers.

61824. "Consumer" means any person that purchases market milk, or
any dairy product for consumption.

61825. "Dairy product" or "milk product" includes any product
manufactured from milk or any derivative or product of milk.

61826. "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 market milk
in unprocessed or bulk form from a producer, a producer-handler, or
another handler for the purpose of manufacture, processing, sale, or
other handling, regardless of whether such market milk is produced
within or outside this state.

61827. "Market cream" means cream, as defined in this code, and any
combination of cream and milk, or any fluid product of milk or cream
sold under any trade name whatsoever, which complies with all of the
following requirements:
(a) Is not packaged in hermetically sealed containers.
(b) Conforms to the health and sanitary regulations of the place
where it is sold or disposed of for human consumption.

61828. "Market milk" has the meaning of that term as defined in
Section 32510 and has the same meaning as "restricted use market milk"
as defined in Section 32516.5. Unless the context otherwise
indicates, "market milk" includes market cream, the components and
derivatives of market milk, and dairy products manufactured from
market milk or its components and derivatives.

61829. "Market skim milk" means skim milk, as defined in this code,
that is derived from market milk and conforms to the health and
sanitary regulations of the place where sold or disposed of for human
consumption.

61830. "Marketing area" is any area within this state declared to
be such in the manner that is prescribed in this chapter.

61831. "Milk" has the meaning of that term as defined in Section
32511.

61831.5. "Milk used for manufacturing purposes" means all milk used
for those products defined in Part 3 (commencing with Section 36601)
of Division 15.

61832. "Milk plant" means any place, structure, or building where a
handler receives market milk.

61833. "Packaged market milk" or "packaged market cream" means
market milk or market cream respectively, which is packaged in
cartons, bottles, dispenser cans, or other consumer packages, for
sale to wholesale customers, or consumers.

61834. "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.

61835. "Processing" means receiving, pasteurizing, and packaging
market milk. It includes the manufacturing of milk products from
market milk.

61836. "Producer" means any person that produces market milk from
five or more cows in conformity with the applicable health
regulations of the place in which it is sold, and whose bulk market
milk is received, acquired, or handled by any handler or any
nonprofit association of producers. It includes the nonprofit
cooperative associations described in Article 3 (commencing with
Section 61871) of this chapter in the transactions in which such
article provides that the associations are producers.

61837. "Producer-handler" means any person that is both a producer
and a handler of market milk. For the purposes of this chapter a
producer-handler is a producer in any transaction which involves the
sale or delivery of bulk market milk which was produced by him to a
handler or to any nonprofit cooperative association of producers, and
is a handler in any transaction which involves the purchase,
acquisition or receipt by him of market milk, the pasteurization or
packaging of market milk, or the sale or delivery of packaged market
milk to any person.

61838. "Stabilization and marketing plan" means any plan formulated
and made effective by the director within the legislative standards
provided by this chapter. It includes, among other things, the
establishing of prices to be paid by handlers for any or all of the
various classes of market milk.

61839. "Wholesale customer" means any person except a distributor
that buys packaged milk, cream, or any dairy product for resale to
consumers or to other wholesale customers.