SECTIONS 61931-61937 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 61931-61937

61931. Market milk may be classified for the purposes of this
chapter as provided in this article.

61932. Class 1 comprises:
(a) Any market milk, market skim milk, half-and-half, or
concentrated milk that is supplied to consumers in the fluid state,
with the exception of the following:
(1) (A) Any UHT market milk product, as defined in Chapter 9
(commencing with Section 39701) of Part 3 of Division 15, that is
sold for use outside the state.
(B) Any market milk products that are ultrapasteurized and sold
for use outside the 48 contiguous states in the United States.
(2) Any market half-and-half that is ultrapasteurized and packaged
in hermetically sealed containers.
(3) Any market half-and-half that is packaged in presterilized
containers under aseptic conditions to meet the marketing
requirements for these products in states other than this state.
However, this paragraph does not authorize the sale within this state
of any milk product as a UHT product unless the product meets the
standards and requirements for UHT products specified in Chapter 9
(commencing with Section 39701) of Part 3 of Division 15.
(b) Any market milk, market skim milk, or market cream that is
used in any other milk product, or products resembling milk products,
in which the use of market milk, or any components or derivatives of
market milk, is required by, or pursuant to, this code, except any
product defined in Section 61933 as class 2.
(c) Any market milk, market skim milk, market cream, market milk
fat, or market milk solids-not-fat that is used in the standardizing
or fortifying of any milk product that is defined in this section as
class 1.
(d) Any market milk, market skim milk, or market cream that is
used in any product not otherwise classified, which is required by
any regulations adopted by the director pursuant to Article 2
(commencing with Section 36631) of Chapter 1 of Part 3 of Division 15
to be made from market milk or any components or derivatives of
market milk.
(e) Any market milk, market skim milk, market cream, market milk
fat, or market milk solids-not-fat used in any filled product or
imitation milk product, when the product imitated or resembled, is
defined in this section as class 1.

61933. Class 2 comprises any market milk, market skim milk, or
market cream used in the manufacture of market cream, homogenized
market cream, sour cream, sour cream dressing, sour half-and-half or
light sour cream, uncreamed, creamed, or partially creamed cottage
cheese, soft fresh cheese (fromage frais), buttermilk, and yogurt.
Class 2 also comprises any market milk, market skim milk, or market
cream used in the manufacture of any product for which a definition
and standard is prescribed in Division 15 (commencing with Section
32501), except any product that is included in class 1, class 3,
class 4a, or class 4b.

61934. Class 3 comprises all market milk, market skim milk, or
market cream used in the manufacture of frozen dairy products.

61935. (a) Class 4a comprises all market milk, market skim milk, or
market cream used in the manufacture of butter, dried milk, dried
skim milk, nonfat dry milk solids, defatted milk solids, dried
buttermilk, and all market milk, market skim milk, or market cream
which is supplied to consumers as condensed milk, condensed skim
milk, evaporated skim milk, evaporated cream or clotted cream, or
evaporated milk, and any milk products which are UHT products, as
defined in Chapter 9 (commencing with Section 39701) of Part 3 of
Division 15, or ultrapasteurized, and sold for use outside of the 48
contiguous states in the United States, or yogurt, soft fresh cheese
(fromage frais), uncreamed, creamed, or partially creamed cottage
cheese, sour cream, sour half-and-half, or light sour cream which is
sold for use outside the boundaries of the United States, or any
product for which no definition and standards are prescribed in
Division 15 (commencing with Section 32501), except the products
defined in paragraph (2) of subdivision (a) of Section 61932.
(b) Class 4b comprises all market milk, market skim milk, or
market cream used in the manufacture of cheese other than cottage
cheese.

61936. If the director establishes a temporary definition and
standards for any new milk product pursuant to Article 2 (commencing
with Section 36631), Chapter 1, Part 3 of Division 15, he shall
assign such new product to that class under this article which
includes the most nearly comparable product as determined by the
director.

61937. Market milk, market skim milk, or market cream, utilized in
bulk by handlers as condensed milk, condensed skim milk, evaporated
skim milk, evaporated cream or clotted cream, or evaporated milk,
shall be assigned by the director to the classification of ultimate
usage of such market milk, market skim milk, or market cream.