California Code of Regulations

TITLE 3. Food And Agriculture

Division 1. Administration

Chapter 1. General

§1. Service of Notices.

Note • History

For the purpose of subdivision (c) of Section 11505 of the Government Code, notices which are required to be served by registered mail may be served by certified mail pursuant to Section 8311 of the Government Code, and shall be mailed to the licensee at the premise for which his license is issued. Any licensee who desires to have such notices mailed to him at an address other than his licensed premise shall file with the department a specific request for that purpose, and in such case notices shall be sent to the licensee at such address. Such licensee shall notify the department of a change in address, and specifically request the department to mail notices to the changed address.

NOTE

Authority cited for Subchapter 1: Section 16 (renumbered 407, 1967 Stats. C. 15), Food and Agricultural Code. Reference: Section 11505, Government Code.

HISTORY

1. New section filed 12-5-62; effective thirtieth day thereafter (Register 62, No. 25).

2. Amendment filed 6-9-71 as procedural; effective upon filing (Register 71, No. 24).

§1.1. Conflict of Interest Prohibition: Pesticides.

Note • History

(a) Each officer and employee of the Department of Pesticide Regulation whose duties involve enforcement or execution of the pesticide provisions of the Food and Agricultural Code shall comply with the Conflict of Interest Code provisions applicable to all Department employees. In addition, no such officer or employee shall hold any direct or indirect interest in the sale, manufacture, or distribution of any pesticide, as provided in this section.

(b) This section prohibits ownership of a financial interest in any business entity holding any of the following licenses or certificates:

(1) Certificate of Pesticide Registration, Food and Agricultural Code Section 12815;

(2) Pest Control Business License, Food and Agricultural Code Section 11701;

(3) Pest Control Dealer License, Food and Agricultural Code Section 12101;

(4) Agricultural Pest Control Adviser License, Food and Agricultural Code Section 12001;

(5) Pest Control Aircraft Pilot's Certificate, Food and Agricultural Code Section 11901;

(6) Structural Pest Control Company Registration, Business and Professions Code Section 8610.

(1) A mutual fund or other investment company regulated pursuant to the Securities Act of 1933, the Investment Company Act of 1940, or comparable state or federal law, provided no interest is held as an officer or manager of the investment company or its adviser, and provided further the investment company does not specialize in securities of chemical companies.

(2) A business not included in subsection (b) that may sell pesticides incidental to the sale of general merchandise, such as food markets, variety stores, department stores, and hardware stores, provided no interest is held as an officer or manager of the business.

(d) This section does not prohibit the ownership of bank accounts, annuities and similar interests in commercial banks, insurance companies and other state or federally regulated financial institutions that may hold or manage investments, provided the Department officer or employee has no direct authority over the investments.

(e) Lists of business entities regulated with regard to pesticides, as designated in subsection (b)(1)-(6), shall be available in the Division licensing the business entities. Since the list of regulated companies is subject to change and security holdings may be affected by acquisitions, mergers and entry into new fields, Department officers and employees should review their holdings at least annually and at other times as circumstances require.

NOTE

Authority cited: Section 12781, Food and Agricultural Code. Reference: Section 12783, Food and Agricultural Code.

HISTORY

1. New section filed 1-16-78; effective thirtieth day thereafter (Register 78, No. 3).

2. Renumbering of former Section 2 (Subchapter 1) to Section 1.1 filed 6-15-83; effective thirtieth day thereafter (Register 83, No. 25).

3. Change without regulatory effect amending section heading, section and Note filed 6-5-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 23).

Chapter 1.1. Department of Food and Agriculture--Conflict of Interest Code

NOTE: Pursuant to a regulation of the Fair Political Practices Commission (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations:

DEPARTMENT OF FOOD AND AGRICULTURE
1220 N STREET, ROOM 104
SACRAMENTO, CALIFORNIA 95814

FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFORNIA 95814

ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814

The Conflict of Interest Code is designated as Chapter 1.1 of Division 1 of Title 3 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Chapter 1.1. Department of Food and Agriculture--

Conflict of Interest Code

Section

2. General Provisions

Appendix

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 87300 and 87311, Government Code.

HISTORY

1. New Subchapter 1.1 (Sections 2-2.7, consecutive) filed 2-6-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 11-17-77. Printed in Register 78, No. 13 for technical reasons.

2. Repealer of Subchapter 1.1 (Sections 2-2.7) and new Subchapter 1.1 (Section 2 and Appendix) filed 3-3-82; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-4-82 (Register 82, No. 10).

3. Amendment of Appendix filed 6-15-83; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 4-18-83 (Register 83, No. 25).

4. Amendment of General Provisions and Appendix filed 11-25-97; operative 12-25-97. Approved by Fair Political Practices Commission 11-3-97 (Register 97, No. 48).

5. Amendment of General Provisions and Appendix filed 12-22-99; operative 12-31-99. Approved by Fair Political Practices Commission 12-16-99 (Register 99, No. 52).

6. Amendment of Appendix filed 12-27-2001; operative 12-27-2001. Approved by Fair Political Practices Commission 12-24-2001 (Register 2001, No. 52).

7. Amendment of General Provisions and Appendix filed 2-22-2002; operative 2-22-2002. Approved by Fair Political Practices Commission 12-24-2001 (Register 2002, No. 8).

8. Amendment of General Provisions and Appendix filed 11-16-2004; operative 12-16-2004. Approved by Fair Political Practices Commission 9-7-2004 (Register 2004, No. 47).

Chapter 1.2. Department of Pesticide Regulation--Conflict-of-Interest Code

Note: Pursuant to a regulation of the Fair Political Practices Commission (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict-of-interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations:

DEPARTMENT OF PESTICIDE REGULATION
1001 I STREET, ROOM 432
SACRAMENTO, CALIFORNIA 95814

FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 800
SACRAMENTO, CALIFORNIA 95814

ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814

The Conflict-of-Interest Code is designated as Chapter 1.2 of Division 1 of Title 3 of the California Code of Regulations, and consists of Sections numbered and titled as follows:

Chapter 1.2. Department of Pesticide Regulation--

Conflict-of-Interest Code

Section

3. General Provisions

Appendix A

Appendix B

NOTE

Authority cited: Section 12781, Food and Agricultural Code. Reference: Sections 81008, 87300 and 87311, Government Code.

HISTORY

1. New chapter 1.2 (section 3 and Appendix) filed 9-16-92; operative 10-16-92. Approved by Fair Political Practices Commission 7-28-92 (Register 92, No. 38).

2. Amendment of address filed 4-11-94; operative 5-11-94. Submitted to OAL for printing only (Register 94, No. 15).

3. Amendment of address and Appendix filed 5-23-97; operative 6-22-97. Approved by Fair Political Practices Commission 3-15-97 (Register 97, No. 21).

4. Amendment of address and General Provisions, redesignation and amendment of Appendix as Appendix A, new Appendix B and amendment of Note filed 9-27-2010; operative 10-27-2010. Approved by Fair Political Practices Commission 8-18-2010 (Register 2010, No. 40).

Chapter 2. Examination for County Officers/Employees

Article 1. Qualifications

§101. General Qualifications.

Note • History

All candidates shall possess the general qualification of integrity, honesty, sobriety, dependability, industry, thoroughness, accuracy, good judgment, initiative, resourcefulness, courtesy, ability to work cooperatively with others, willingness and ability to assume the responsibilities and to conform to the conditions of work characteristic of the employment, and shall be able to perform the essential functions of the job as defined in any county specifications for the position. The foregoing general qualifications shall be deemed to be a part of the minimum qualifications of each classification and need not be specifically set forth therein.

NOTE

Authority cited: Sections 407 and 2101, Food and Agricultural Code; and Sections 12027 and 12202, Business and Professions Code. Reference: Sections 2101 and 2102, Food and Agricultural Code; and Section 12202, Business and Professions Code.

HISTORY

1. Repealer of Subchapter 2 (Sections 101 through 285) and new Subchapter 2 (Sections 101 through 173) filed 7-24-67; effective thirtieth day thereafter (Register 67, No. 30). For prior history, see Registers 53, No. 1; 57, No. 1; 57, No. 12 and 65, No. 17.

2. Amendment of section and Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§102. Citizenship and Age. [Repealed]

Note • History

NOTE

Authority cited: Secs. 407, Food and Agricultural Code; 12027, Business and Professions Code. Reference: 2101 and 2102, Food and Agricultural Code, and 12202, Business and Professions Code.

HISTORY

1. Repealer filed 7-28-70 as an emergency; effective upon filing (Register 70, No. 31).

2. Certificate of Compliance--Sec. 11422.1, Gov. Code, filed 9-8-70 (Register 70, No. 36).

§103. Minimum Qualifications--County Agricultural Commissioner.

Note • History

The following are the minimum qualifications for admission to the license examination for County Agricultural Commissioner:

(1) Possession of a valid statewide Deputy County Agricultural Commissioner license; and

(2) Four years of experience in the enforcement of agricultural or weights and measures laws; at least two years of which shall have included management, supervisory, or program responsibility experience; and

(3) A minimum of 80 hours of instruction in management and/or supervisory practices, obtained through organized classroom training, in-service training, or accredited correspondence courses.

The scope of the licensing may include the following:

Knowledge of: all laws relating to the office of County Agricultural Commissioner; agriculture; the structure and function of county government; Department of Food and Agriculture and Department of Pesticide Regulation policies and County Agricultural Commissioners' policy statements; principles of administration including program planning, personnel management, budgeting, training, supervision, public relations, office procedures, and records management; legal processes involved in County Agricultural Commissioner responsibilities; those California Code of Regulations provisions dealing with work directly related to the duties of the County Agricultural Commissioner and any rules and regulations of a similar nature.

Ability to: lead others; demonstrate initiative to improve supervisory and management skills; head a county department; handle the funds of the office in an economical manner; effectively evaluate the qualifications of and demonstrate good judgment in selecting assistants; organize and direct a staff of inspectors; analyze situations and people accurately; make independent decisions quickly on matters of importance; get along well with others; handle difficult situations accurately; take effective action; make decisions on controversial matters; speak and write effectively.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 2101-2103, Food and Agricultural Code.

HISTORY

1. Amendment of Sections 103 through 105 filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).

2. Amendment filed 1-30-73; effective thirtieth day thereafter (Register 73, No. 5).

3. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).

4. Amendment of subsection (1) filed 8-11-77; effective upon filing (Register 77, No. 33).

5. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§104. Minimum Qualifications--Deputy County Agricultural Commissioner.

Note • History

The following are minimum qualifications for admission to the licensing examination for Deputy County Agricultural Commissioner:

(1) Possession of valid statewide County Agricultural Inspector/Biologist licenses in all categories for which licenses are issued; and

(2) Two years of experience in the enforcement of agricultural or weights and measures laws or in agricultural pest control or in the production, processing, or marketing of agricultural commodities. This experience must have been at a level comparable to county agricultural or weights and measures inspector; and

(3) Education: Possession of a bachelor's degree from an accredited four-year college with specialization in one or more appropriate disciplines in agricultural or biological sciences as determined by the Secretary of the Department of Food and Agriculture. This requirement does not apply to any person holding a valid certificate of qualification prior to January 1, 1985.

The scope of the licensing examination may include the following:

Ability to: lead others; demonstrate initiative to improve supervisory and management skills; demonstrate potential as a first line supervisor; handle the funds of the office in an economical manner; effectively evaluate the qualifications of and demonstrate good judgment in selecting assistants; organize and direct a staff of inspectors; analyze situations and people accurately; make independent decisions quickly on matters of importance; get along well with others; handle difficult situations accurately; take effective action; make decisions on controversial matters; speak and write effectively.

NOTE

Authority cited: Sections 407 and 2101, Food and Agricultural Code. Reference: Section 2106, Food and Agriculural Code.

HISTORY

1. Amendment filed 1-30-73; effective thirtieth day thereafter (Register 73, No. 5).

2. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).

3. Amendment of subsection (1) filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

4. Amendment of section and new Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§105. Minimum Qualifications--County Agricultural Inspector/Biologist.

Note • History

(a) The following are the minimum qualifications for admission to the licensing examination for County Agricultural Inspector/Biologist:

(1) Possession of one or more valid statewide specific category licenses as a County Agricultural Inspector/Biologist; or

(2) Possession of a Bachelor's degree from an accredited four-year college with specialization in:

(A) One or more appropriate disciplines in agricultural, biological, chemical, or physical sciences; or

(B) Any discipline with a minimum of 30 semester units, or equivalent, in one or any combination of the following disciplines:

1. Agricultural Science,

2. Biological Science,

3. Chemical Science,

4. Physical Science,

5. Mathematics, and/or

6. Statistics

(3) The educational requirements in subsection (a)(2)(B) may be satisfied if specialized requirements of the Bachelor's degree program include any combination of one or more of these disciplines totaling at least 30 semester units, or equivalent, or may be satisfied through additional college level education, or combination thereof.

(b) The scope of the licensing examination may include the following:

(1) Wide knowledge of: provisions of the Food and Agricultural Code, California Code of Regulations, and related Federal laws and regulations pertaining to the following specific categories for which the candidate elects to qualify:

(A) Pesticide Regulation

(B) Investigation and Environmental Monitoring

1. Insect and Disease Pest Management

2. Vertebrate Pest Management

3. Weed Control

4. Apiary Regulation

(D) Commodity Regulation

(E) Pest Prevention and Plant Regulation

1. Plant Quarantine and Pest Detection

2. Nursery and Seed Regulation

(2) General knowledge of: laws, regulations and functions relating to the office of County Agricultural Commissioner; the agricultural industry in California.

(3) Ability to: interpret and apply the provisions of laws and regulations relating to the office of the County Agricultural Commissioner; deal tactfully and effectively with persons contacted on enforcement matters; establish and maintain cooperative relations with others; analyze situations accurately and take effective action; speak and write effectively.

(c) Persons holding certificates in all of the former categories of Insect and Disease Pest Management, Vertebrate Pest Management, Weed Control and Apiary Regulation shall receive an Integrated Pest Management license.

(d) Persons holding certificates in only one, two or three of these former categories shall receive an Integrated Pest Management license limited to the respective subcategory(ies) in which previously certified. Such limited licenses shall remain valid subject to renewal requirements specified in Sections 152 and 153. Persons issued such limited licenses shall be allowed to qualify for the full license by successfully participating in an examination for the unlicensed subcategory(ies) as determined appropriate by the Secretary.

(e) Persons holding a certificate in the former Fruit, Vegetable and Egg Quality Control category shall receive a Commodity Regulation license.

(f) Persons holding certificates for the former categories of Plant Quarantine and Pest Inspection and Nursery and Seed Regulation shall be issued a Pest Prevention and Plant Regulation license.

(g) Persons holding one of the two certificates in subsections (e) and (f) shall receive a Pest Prevention and Plant Regulation license limited to the respective subcategory in which previously certified. Such limited licenses remain valid subject to renewal requirements specified in Sections 152 and 153. Persons issued such limited licenses shall be allowed to qualify for the full license by successfully participating in an examination for the unlicensed subcategory as determined appropriate by the Secretary.

(h) Persons holding a certificate in the former Pesticide Use Enforcement category shall receive a Pesticide Regulation license and an Investigation and Environmental Monitoring license.

NOTE

Authority cited: Sections 407 and 2101, Food and Agricultural Code. Reference: Sections 2102 and 2106, Food and Agricultural Code.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33). For prior history, see Register 74, No. 6.

2. Amendment filed 12-11-84 as an emergency; effective upon filing (Register 84, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-10-85.

3. Reinstatement of section as it existed prior to emergency amendment filed 12-11-84 by operation of Government Code Section 11346.1(f) (Register 85, No. 16).

4. Amendment of section and Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

5. Repealer and new section filed 11-18-2010; operative 12-18-2010 (Register 2010, No. 47).

§105.1. Student Qualifications. [Repealed]

Note • History

NOTE

Authority cited: Sec. 407, Food and Agricultural Code. Reference: Sec. 2102, Food and Agricultural Code.

HISTORY

1. New section filed 11-16-71; effective thirtieth day thereafter (Register 71, No. 47). For history of former section see Register 71, No. 1.

2. Repealer filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6). Note: Through error, repealer first printed in Register 74, No. 35.

§106. Minimum Qualifications--County Sealer of Weights and Measures.

Note • History

The following are the minimum qualifications for admission to the licensing examination for County Sealer of Weights and Measures:

(1) Possession of a valid statewide Deputy County Sealer of Weights and Measures license; and

(2) Four years of experience in the enforcement of weights and measures or agricultural laws; at least two years of which shall have included management, supervisory, or program responsibility experience; and

(3) A minimum of 80 hours of instruction in management and/or supervisory practices, obtained through organized classroom training, in-service training, or accredited correspondence courses.

The scope of the licensing examination may include the following:

Knowledge of: all laws relating to the office of County Sealer of Weights and Measures; Department of Food and Agriculture policies; the structure and function of county government; principles of administration including program planning, personnel management, budgeting, training, supervision, public relations, office procedures, and records management; legal processes involved in County Sealer of Weights and Measures responsibilities; those California Code of Regulations provisions dealing with work directly related to the duties of the County Sealer of Weights and Measures and any rules and regulations of a similar nature.

NOTE

Authority cited: Section 12027, Business and Professions Code. Reference: Section 12202, Business and Professions Code.

HISTORY

1. Amendment of Sections 106, 107 and 108 filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).

2. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).

3. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

4. Amendment of section and Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§107. Minimum Qualifications--Deputy County Sealer of Weights and Measures.

Note • History

The following are the minimum qualifications for admission to the licensing examination for Deputy County Sealer of Weights and Measures:

(1) Possession of valid County Weights and Measures Inspector licenses in all categories for which licenses are issued; and

(2) Two years of experience in the enforcement of weights and measures or agricultural laws or in the inspection, maintenance, repair or installation of weighing or measuring instruments or equipment; consumer protection or resolution of consumer complaints in a public or private consumer affairs agency; law enforcement or investigation work in a federal, state, or local jurisdiction; responsible quality control or quantity control work in the production of consumer commodities. This experience must have been at a level comparable to county weights and measures or agricultural inspector/biologist; and

(3) Education equivalent to graduation from college with major work in chemistry, physics, mathematics, engineering, or other job related majors such as law enforcement, commerce and marketing. (Additional qualifying experience may be substituted for up to two years of the required college education on a year-for-year basis. Persons applying under this pattern must have a minimum of 15 semester units of college training in one or more of the qualifying majors). Persons holding the required valid licenses and permanently employed as a deputy commissioner, or weights and measures or agricultural inspector/biologist shall be deemed to meet the educational requirements of this section.

The scope of the licensing examination may include the following:

Knowledge of: all laws relating to the office of County Sealer of Weights and Measures; Department of Food and Agriculture policies; the structure and function of county government; principles of administration including program planning, personnel management, budgeting, supervision, training, public relations, office procedures, and records management; legal processes involved in County Sealer of Weights and Measures responsibilities; those California Code of Regulations provisions dealing with work directly related to the duties of the County Sealer of Weights and Measures and any rules and regulations of a similar nature.

NOTE

Authority cited: Section 12027, Business and Professions Code. Reference: Section 12202, Business and Professions Code.

HISTORY

1. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).

2. Amendment filed 12-26-74; effective thirtieth day thereafter (Register 74, No. 52).

3. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

4. Amendment of section and new Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§108. Minimum Qualifications--County Weights and Measures Inspector.

Note • History

(a) The following are the minimum qualifications for admission to the licensing examination for County Weights and Measures Inspector:

(1) Possession of one or more valid statewide specific category licenses as a County Weights and Measures Inspector or County Agricultural Inspector/Biologist; or

(2) Possession of a Bachelor's degree from an accredited four-year college or equivalent educational course credits from an accredited college with specialization in:

(A) One or more appropriate disciplines in chemical or physical science, physics, mathematics, engineering, or other job-related majors such as law enforcement, commerce or marketing. Registration in an accredited four-year college as a senior majoring in one of these fields will admit applicants to the examination but a certificate will not be issued until graduation; or

(B) Any discipline with a minimum of 30 semester units, or equivalent, in one or any combination of the following disciplines:

1. Chemical Science,

2. Commerce,

3. Engineering,

4. Law Enforcement,

5. Marketing,

6. Mathematics,

7. Physical Science,

8. Physics, and/or

9. Statistics

(3) The educational requirements in subdivision (a)(2)(B) may be satisfied if specialized requirements of the Bachelor's degree include any combination of one or more of these disciplines totaling at least 30 semester units, or equivalent, or may be satisfied through additional college level education, or combination thereof.

(4) Provided that the candidate possesses a minimum of 30 semester units, or equivalent, in one or any combination of disciplines specified in subsection (a)(2)(B), experience in one or more of the following may be substituted for up to two years of college on a year-for-year basis (equivalent to 30 semester units per year):

(A) Enforcement of weights and measures or agricultural laws,

(B) The inspection, maintenance, repair or installation of weighing or measuring instruments or equipment,

(D) Law enforcement or investigation work in a federal, state or local jurisdiction, or

(E) Responsible quality or quantity control work in the production of consumer commodities. This experience must have been at a level comparable to that of a county weights and measure inspector or agricultural inspector/biologist.

(b) The scope of the licensing examination may include the following:

(1) Wide knowledge of: weights and measures provisions of the California Business and Professions Code, California Code of Regulations, and related Federal laws and regulations pertaining to the following specific categories for which the candidate elects to qualify:

(A) Weight Verification

1. Weighing Devices

2. Weighmaster and Petroleum Products

(B) Measurement Verification

1. Measuring Devices

2. Electric Measuring Devices

3. Compressed Gases

1. Quantity Control of Packaged Commodities

2. Weighmaster and Petroleum Products

(2) General knowledge of: laws, regulations, and functions relating to the office of the County Sealer of Weights and Measures; measuring and weighing devices and standards.

(3) Ability to: interpret and apply the provisions of laws and regulations relating to weights and measures; deal tactfully and effectively with persons contacted on enforcement matters, including investigative and testing procedures; establish and maintain cooperative relations with others; analyze situations accurately and take effective action; speak and write effectively.

(c) Persons holding certificates in all of the former categories of Measuring Devices, Electric Measuring Devices and Compressed Gases shall receive a Measurement Verification license.

(d) Persons holding only one or two of these certificates shall receive a Measurement Verification license limited to the respective subcategory(ies) in which previously certified. Such limited licenses shall remain valid subject to renewal requirements specified in Sections 152 and 153. Persons issued such limited licenses shall be allowed to qualify for the full license by successfully participating in an examination for the unlicensed subcategory(ies) as determined appropriate by the Secretary.

(e) Persons holding certificates for the former categories of Weighing Devices and Weighmaster and Petroleum Products shall be issued a Weight Verification license.

(f) Persons holding only one of these two certificates shall receive a Weight Verification license limited to the respective subcategory in which previously certified. Such limited licenses shall remain valid subject to renewal requirements specified in Sections 152 and 153. Persons issued such limited licenses shall be allowed to qualify for the full license by successfully participating in an examination for the unlicensed subcategory as determined appropriate by the Secretary.

(g) Persons holding certificates for the former categories of Quantity Control of Packaged Commodities and Weighmaster and Petroleum Products shall be issued a Transaction and Product Verification license.

(h) Persons holding only one of these two certificates shall receive a Transaction and Product Verification license limited to the respective subcategory in which previously certified. Such limited licenses shall remain valid subject to renewal requirements specified in Sections 152 and 153. Persons issued such limited licenses shall be allowed to qualify for the full license by successfully participating in an examination for the unlicensed subcategory as determined appropriate by the Secretary.

NOTE

Authority cited: Section 12027, Business and Professions Code. Reference: Section 12202, Business and Professions Code.

HISTORY

1. Amendment filed 12-10-76; effective thirtieth day thereafter (Register 76, No. 50). For prior history, see Register 74, No. 52.

2. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

3. Amendment of section and Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

4. Repealer and new section filed 11-18-2010; operative 12-18-2010 (Register 2010, No. 47).

§108.1. Special Examination for County Weights and Measures Inspector. [Repealed]

History

HISTORY

1. New section filed 6-24-69 as an emergency; effective upon filing (Register 69, No. 26).

2. Certificate of Non-compliance (repealer by operation of Section 11422.1, Gov. Code) filed 7-8-69 (Register 71, No. 1).

§109. Inspector Qualifications Limitations.

Note • History

A county agricultural inspector/biologist or weights and measures inspector shall not be directed to perform duties in those categories in which not licensed except under qualified supervision.

NOTE

Authority cited: Section 407, Food and Agricultural Code and Section 12027, Business and Professions Code. Reference: Sections 2101-2103, Food and Agricultural Code and Section 12202, Business and Professions Code.

HISTORY

1. Amendment filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).

2. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

3. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Article 2. Examination

§121. Examinations.

Note • History

Examinations shall be of such character as fairly to test and determine the qualifications, fitness and ability of competitors actually to perform the duties of the classification for which they seek licenses. Examinations may be assembled or unassembled, written or oral, or in the form of a demonstration of skill, or any combination of these; and any investigation of character, personality, education and experience and any tests of intelligence, capacity, technical knowledge, manual skill, or physical fitness which the Secretary deems are appropriate, may be employed.

A candidate who holds a valid commissioner or sealer license may qualify for the other license by obtaining the appropriate deputy license and passing an oral examination.

NOTE

HISTORY

1. Amendment filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).

2. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).

3. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§122. Confidential Records.

Applications when filed and all other examination materials, including examination questions and booklets, are the property of the Department and are confidential records open to inspection only if and when determined by the Director.

§123. Minimum Rating Required.

Note • History

In order to qualify for a license of eligibility, a candidate must receive a grade of not less than 70 percent in the written examination; or the written or oral score shall be expressed as qualified or eliminated without the assignment of percentage ratings.

NOTE

HISTORY

1. Amendment filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).

2. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§124. Qualifying for Lower Class.

History

When examinations are held for a higher and a lower classification in the same series, it shall be within the discretion of the Secretary to pass a candidate for the lower classification if the candidate attains a passing score for the examination for the lower classification but does not receive a passing score in the examination applied for.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

2. Change without regulatory effect amending section filed 3-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 12).

§125. Announcement.

History

Examinations shall be held at such times and places as the Secretary may determine.

HISTORY

1. Change without regulatory effect amending section filed 3-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 12).

§126. Fee.

Note • History

The Secretary may charge each candidate a fee to cover the actual cost of providing the license examinations. The fees for the County Agricultural Commissioner, the Deputy County Agricultural Commissioner, the County Agricultural Inspector/Biologist, the County Sealer of Weights and Measures, the Deputy County Sealer of Weights and Measures, and the County Weights and Measures Inspector examinations are seventy-five dollars ($75) each.

NOTE

Authority cited: Sections 407 and 2101, Food and Agricultural Code; and Sections 12027 and 12202, Business and Professions Code. Reference: Section 2101, Food and Agricultural Code; and Section 12202, Business and Professions Code.

HISTORY

1. Repealer and new section filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§127. Explanations.

All necessary explanations will be made to the whole group taking the written examination and no question will be explained to any individual candidate. Examiners shall not make any comment that may assist any candidate to answer any question.

§128. Prohibited Acts.

Communication between candidates during examination is strictly forbidden; and candidates are forbidden to receive any unauthorized assistance in the examination. Before the commencement of an examination, candidates will be required to hand to examiner any unauthorized printed or written matter in their possession that might serve to aid them in the examination. Evidence of copying or collusion or deception or fraud in connection with any examination, application or request to be examined, may result in the cancellation of his examination and the debarment of the candidate from future examinations. Copies of the questions in the examination may not be made or taken from the examination room.

§129. Prohibited Marks.

History

Any candidate in any written examination who places any identifying mark upon examination papers, other than his identification number, may be deprived of all benefits under such examination.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

§130. Rating of Written Examinations.

History

All examination papers shall be marked and graded under the direction of the Secretary and in accordance with the examination announcement.

HISTORY

1. Change without regulatory effect amending section filed 3-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 12).

§131. Rating by Interview.

History

The oral examination will deal with the candidate's general fitness and also with the category or categories for which the candidate has qualified in the written examination. In connection with any oral examination, a field or laboratory demonstration may be required.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

§132. Notice of Examination Result.

History

As soon as the scoring of an examination has been completed, each candidate shall be notified in writing of the examination results.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

§133. Appeals and Protests.

History

Any candidate may appeal to the Department to have examination papers reviewed on the ground of errors committed in the rating, if such appeal is made in writing within 30 days after the notice of the result of written examination has been mailed to the candidate. Upon a review of the candidate's examination papers, the rating may be changed in accordance with such review. When such review discloses errors which affect the examination papers of all candidates, then all the examination papers shall be reviewed. Except for protested items, examination material shall not be made available for review by candidates. Any candidate may appeal to the Department to have the decision of the oral examining board reviewed if such appeal is made in writing within 30 days after the notice of the result of the oral examination has been mailed to the candidate.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

Article 3. License of Eligibility

For the general statutory provisions on this subject, refer to Sections 2101, 2102 and 2103, Food and Agricultural Code, and Sections 12202 and 12204, Business and Professions Code.

§151. License of Eligibility.

Note • History

A successful candidate shall be given a statewide license of eligibility which shall be valid for five years unless revoked. An inspector/biologist's and inspector's license may also specify in which category or categories the candidate has qualified.

Upon expiration of a license, only the highest license for which the holder has eligibility in a series will be issued. When a lower license in a series expires, a renewal license will no longer be issued while a higher license is in effect. The holder shall retain eligibility in the lower classification as long as the higher license remains valid. If a State or county employee fails to renew the higher license at its expiration, a lower license will be renewed and issued for the classification in which he/she is employed and only for those categories in which he/she had eligibility.

NOTE

HISTORY

1. Amendment of Sections 151, 152 and 153 filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).

2. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

3. Amendment of article 3 heading, repealer of paragraph following article 3 heading, and amendment of section heading and section filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§152. Renewal of Eligibility for Incumbents.

Note • History

Upon request, a license of eligibility shall be renewed without further examination, provided the holder is employed at the time of its expiration, in a County Agricultural or Weights and Measures position or in the California Department of Food and Agriculture or in the Department of Pesticide Regulation. The renewal privilege in this section shall not prohibit the Secretary, whenever it is deemed necessary, from requiring a non-incumbent holder of a valid license to pass a requalifying examination for the renewal of such license.

NOTE

Authority cited: Section 407, Food and Agricultural Code; and Section 12027, Business and Professions Code. Reference: Section 2123, Food and Agricultural Code; and Section 12202, Business and Professions Code.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

2. Amendment of section and new Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§153. Renewal of Eligibility for Non-Incumbents.

Note • History

Upon request, a holder of a license of eligibility who is not employed by a County Agricultural or Weights and Measures office or by the California Department of Food and Agriculture or by the Department of Pesticide Regulation, but who otherwise meets the minimum qualifications for the class, or has served as an incumbent in the class, may renew his/her license at the time of its expiration upon successful completion of requalifying examinations.

NOTE

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

2. Amendment of section and new Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§154. Extension of Eligibility for Servicepersons.

Note • History

Licenses of eligibility for any person who enters or enlists in the recognized military service of the United States which were valid upon the date of his entering such service shall be extended by the period of military service plus six (6) months upon application to the Department within ninety (90) days after the termination of such military service, including rehabilitation afforded by the United States or the State following recognized military service.

NOTE

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

2. Amendment of section and new Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

§155. Charter County Licenses.

Note • History

A license issued on the basis of Section 2103 of the Food and Agricultural Code or Section 12204 of the Business and Professions Code shall be valid only in the county for which issued.

NOTE

HISTORY

1. New section filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

2. Amendment of section heading and section and new Note filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Article 4. Seasonal County Standardization Inspector

§171. Seasonal County Standardization Inspectors.

History

The Secretary may conduct special qualifying examinations for persons to be seasonally engaged in standardization enforcement work.

HISTORY

1. Change without regulatory effect amending section filed 3-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 12).

§172. Qualifying Examinations.

Qualifying examinations for persons to be engaged in seasonal standardization enforcement work shall be both written and oral and shall be directed to qualifying seasonal employees either in terms of commodities or groups of commodities.

§173. Period of Employment Eligibility.

History

Employment eligibility for persons in seasonal standardization enforcement work by commodities or groups of commodities shall be valid only for the normal inspection season following the qualifying examinations.

Upon request by a county, the Department may renew the employment eligibility of a person for a succeeding season, provided employment has been for a duration of at least twenty (20) working days in the preceding season in the commodity or group of commodities for which the employee has been qualified, and the employee had been separated from his position without fault or delinquency on his part.

Verification of employment for renewal must be confirmed by the county.

HISTORY

1. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).

Chapter 3. Regulation for Implementation of the California Environmental Quality Act of 1970

Article 1. Incorporation by Reference

§200. Objectives, Criteria and Procedures.

Note • History

The Guidelines for Implementation of the California Environmental Quality Act of 1970 (CEQA) in effect on November 1, 1982 are herein incorporated by reference: Title 14, California Administrative Code, Section 15000 and following, Guidelines for Implementation of the California Environmental Quality Act of 1970.

NOTE

Authority cited: Section 21082, Public Resources Code; and Section 407, Food and Agricultural Code. Reference: Sections 21000-21003, 21080-21082.1, 21083.6, 21083.7, 21086, 21092, 21100-21108 and 21160-21166, Public Resources Code; and Section 15050(f), Title 14, California Administrative Code.

HISTORY

1. Repealer of Subchapter 3 (Articles 1-8, Sections 200-208.05) and new Subchapter 3 (Article 1, Sections 200-203) filed 12-8-82; effective thirtieth day thereafter (Register 82, No. 50). For prior history, see Registers 73, No. 28 and 73, No. 14.

§201. Responsible Official.

Note

The director shall be responsible for determining the need for and preparation of environmental documents on specific actions in accordance with the Title 14 CEQA Guidelines. All divisions, bureaus, units and programs of the department shall be responsible for complying with the CEQA according to the Title 14 CEQA Guidelines.

NOTE

§202. Review.

Note

The director shall have responsibility for providing expertise in categories specified in the Title 14 CEQA Guidelines for the review or preparation of environmental documents. Department officials acting in such a capacity shall focus on the sufficiency of environmental documents in discussing possible impacts on the environment and feasible alternatives or feasible mitigation measures that would significantly reduce adverse environmental impacts of the action. The director shall review environmental documents and approve or disapprove projects.

NOTE

§203. Lead Responsibility.

Note

When two or more divisions, bureaus, units or programs are involved in an action, the director shall designate principal responsibility among divisions, bureaus, units and programs for compliance with the Title 14 CEQA Guidelines.

NOTE

Chapter 4. Permit Reform Act

Article 1. Department of Food and Agriculture--Permit Reform Act

§300. Permit Processing Times (Including Licenses, Permits, Registrations and Certificates).

Note • History

(a) Within the number of calendar days of receipt of an application for a permit shown in column A of subsection (c), the Department shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient, and what specific information or documentation is required to complete the application. An application is considered complete if all necessary fees and information required by the application form have been submitted.

(b) Within the number of calendar days after receipt of a complete application, as shown in column B of subsection (c), the Department shall approve or disapprove the application.

(c) The Department's minimum, median, and maximum time periods, in calendar days, for processing an application from the receipt of the initial application to the final decision, based on the Department's actual performance during the two years immediately preceding the proposal of this section, are shown in columns C, D, and E of the chart which follows:

A B C D E

Maximum time Maximum time

for notifying after receipt

that applica- of a complete

tion is com-- application

plete or to approve or ACTUAL DAYS TO PROCESS

deficient deny permit BASED ON PRIOR TWO YEARS

Permit Type Minimum Median Maximum

(Days) (Days) (Days)

(1) Animal Health and Food Safety Services:

Livestock Meat Inspector License1 14 60 1 29 325

Poultry Meat Inspector License1 14 60 5 76 162

Retail Meat Processing Establishment License1 14 60 1 34 237

Custom Livestock Slaughter Establishment License1 14 60 6 62 163

Poultry Plant License1 14 60 19 68 194

Pet Food Processor1 14 60 48 116 185

Horsemeat and Pet Food Importers1 14 60 15 32 49

Dead Hauler License 14 60 4 11 13

--Renewal 14 60 2 4 5

Renderer License 14 60 22 37 216

--Renewal 14 60 7 10 33

Collection Center License 14 60 7 24 74

--Renewal 14 60 2 34 59

Inedible Kitchen Grease Transporter Registration 14 60 3 5 13

--Renewal 14 60 3 16 93

License for the Production of Biologics 30 30 12 27 169

--Renewal 30 30 2 21 47

License to Feed Garbage to Swine1 10 10 11 11 11

License for Vessel and Aircraft Garbage Collection2 14 45 8 37 60

Limited Dairy Inspector Certificate2 30 60 16 17 37

Registered Dairy Inspector Certificate2 60 140 36 68 142

Certificate of Proficiency in the Analysis of Milk

and Milk Products2 30 90 1 28 76

Frozen Milk Products Plant License1 60 90 4 29 161

Milk Products Plant License 60 90 16 29 130

--Renewal 30 60 1 10 53

Semi-Frozen Milk Products Plant License1 30 90 1 11 268

Bulk Milk Tanker Permit 60 90 No historical record.

-- Renewal 60 90 No historical record.

(2) Division of Inspection Services:

Commercial Feed License1 14 45 1 13 103

Fertilizing Materials License1 14 60 1 25 153

Fertilizing Materials Registration 14 90 1 61 240

--Renewal 14 90 4 54 239

Livestock Drug--Registration 14 60 1 28 162

--Renewal 14 45 1 16 243

Restricted Livestock Drug--License 14 60 1 12 83

--Renewal 14 45 1 22 58

(3) Division of Marketing Services

Produce Dealer Act Licenses1,3 45 90 1 36 195

Processor or Cash Buying Processor License1 45 90 9 48 147

Conjunctive License1 45 90 8 60 183

Agent's License1 45 90 1 9 70

Milk Handler License4 45 90 1 12 91

--Renewal 45 90 1 16 188

(4) Plant Health and Pest Prevention Services

Seed, Authorization to Sell 14 75 3 20 78

--Renewal 14 60 1 10 39

Nursery Stock, License to Sell 14 60 16 37 123

--Renewal 14 45 6 16 43

Permit to Move and Use Live Plant Pests or Insects

or Noxious Weeds2 30 90 1 14 102

Permit to Move and Use Plant Quarantine

Commodities2 30 90 1 17 150

Cotton Research Authorization 45 60 No historical record.

1Median processing time for renewals does not exceed 7 days.

2Not subject to Renewal.

3Includes Broker, Cash Buyer, Commission Merchant, Dealer, or any combination.

4Includes Handlers and Distributors.

NOTE

Authority cited: Section 15376, Government Code; and Section 407, Food and Agricultural Code. Reference: Section 15376, Government Code.

HISTORY

1. New section filed 11-28-89; operative 1-1-90 (Register 89, No. 49).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 5-2-90; operative 5-2-90 (Register 90, No. 24).

3. Amendment of subsection (c) filed 6-4-90; operative 7-4-90 (Register 90, No. 29).

4. Editorial correction of printing error duplicating subsections (a)-(c) (Register 90, No. 46).

5. Amendment of subsection (c) filed 2-25-91; operative 3-27-91 (Register 91, No. 13).

6. Change without regulatory effect amending article heading and subsection (c) filed 9-2-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 36).

7. Amendment of subsection (c)(4) filed 3-4-99 as an emergency; operative 3-4-99 (Register 99, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-2-99 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 3-4-99 order transmitted to OAL 6-16-99 and filed 7-27-99 (Register 99, No. 31).

9. Amendment of subsection (c)(1) filed 10-25-2001 as an emergency; operative 10-25-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-22-2002 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 10-25-2001 order transmitted to OAL 2-15-2002 and filed 4-2-2002 (Register 2002, No. 14).

11. Amendment of subsection (c)(1) filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

12. Amendment of subsection (c)(1) filed 4-3-2003; operative 5-3-2003 (Register 2003, No. 14).

§301. Appeal Procedure.

Note • History

(a) The following information shall be included on application forms for all Department permits subject to Government Code Sections 15374-15378:

“The Department of Food and Agriculture has established time periods for the processing of permit applications, in compliance with Government Code Sections 15374-15378. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. Box 942871, Sacramento, CA 94271-0001, pursuant to regulations set forth in Title 3, California Code of Regulations, Section 301. Under certain circumstances, the Director may order that the applicant receive a reimbursement of filing fees.”

(b) An applicant whose application for a permit has not been processed by the Department within the time periods established by Section 300 may appeal in writing to the Director of the Department of Food and Agriculture. The appeal shall set forth a concise statement of facts and chronology of events regarding the application. An appeal concerning a permit application on which a final decision has been made must be filed within 30 days of the date the applicant was notified of the decision.

(c) The Director shall promptly review an appeal filed under this section and shall issue a decision within 30 days after conducting any investigation of the matter which the Director deems appropriate.

(d) If the Director finds that a program exceeded the time limit for informing the permit applicant that an application is complete or is deficient and requires additional information to be processed, the Director shall direct the program to make its determination by a specified date and so inform the applicant.

(e) The time period within which the Department must make a decision to issue or deny the permit commences with the date the complete application is received. If the Director finds that the Department exceeded the time period for acting on a completed application without the good cause defined by Government Code Section 15376(h), all filing fees paid by the permit applicant will be refunded.

NOTE

Authority cited: Sections 15376 and 15378, Government Code; and Section 407, Food and Agricultural Code. Reference: Sections 15376 and 15378, Government Code.

HISTORY

1. New section filed 11-28-89; operative 1-1-90 (Register 89, No. 49).

Article 2. Department of Pesticide Regulation--Permit Reform Act [Repealed]

HISTORY

1. Change without regulatory effect repealing article 2 (sections 305-307) filed 12-20-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 52). For prior history, see Register 2003, No. 45.

Division 2. Animal Industry

Chapter 1. Dairies

Article 1. Wholesome Feeds

§400. Wholesome Feeds.

Note • History

The phrase “properly fed and kept,” as used in Section 35602 of the Food and Agricultural Code, is construed to mean that milk must be produced from animals fed only such feeds as will not impart strong disagreeable flavors or odors to the milk or the products thereof. (The intentional or willful feeding of mustard, purple-top turnips, rape, onions, etc., is specially prohibited and the use of pastures where such feeds as mustard, turnips, rape, onion, etc., are growing to such an extent that the quality of milk from cows grazing on such pastures is injured thereby (tainted) does not constitute proper feeding, whereas most natural grasses, alfalfa, clover, vetch, peas, ensilage, beets, carrots, coconut meal, grains, etc., which are not moldy or decayed are entirely suitable for feeding animals producing milk.) All feeds must be wholesome and fed in such quantities as will nourish and not impair the health of the animals. Milk-producing animals must not be subject to undue exposure so that their health is injured thereby.

NOTE

Authority cited for Subchapter 1: Section 16, and Chapters 1 to 10, inclusive, of Division 4, Agricultural Code (renumbered 407 and 35602, 1967 Stats. C. 15, Food and Agricultural Code).

HISTORY

1. Subchapter 1 originally printed 7-25-45 (Title 3).

2. Revision of Subchapter 1 filed 8-22-47; effective 10-1-47 (Register 9).

§401. Identification of Dairy Animals Carrying Pesticide Residue.

Note • History

Whenever the Director has issued an order under Section 32741 of the Food and Agricultural Code determining that a female dairy animal is carrying pesticide residue in its body or has been fed feeds containing amounts of pesticide residue which will cause the milk produced from the animal to be adulterated with pesticide residues, the Director may identify such animal by use of a sealed chain, ear tag, band or other means deemed appropriate, or may require the owner or agent responsible for the animal to so identify it in accordance with the Director's instructions. No identification tag or device placed on such animal pursuant to this section shall be removed or altered without written permission of the Director or when such animal is consigned to slaughter by a representative of the United States Department of Agriculture, Meat Inspection Division.

NOTE

Authority cited: Sections 16 and 442, Agricultural Code (renumbered 407 and 32741, 1967 Stats. C. 15, Food and Agricultural Code).

HISTORY

1. New section filed 6-11-64; designated effective thirtieth day thereafter (Register 64, No. 13).

Article 2. Market Cream

NOTE

Authority cited: Section 36637, Food and Agricultural Code.

HISTORY

1. New Sections 407 and 407.1 through 407.11 filed 2-4-66; effective thirtieth day thereafter (Register 66, No. 4). For history of former Article 2, see Register 65, No. 5.

2. Repealer of Sections 407 and 407.1-407.11 filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

3. Repealer of Sections 407.12-407.14 filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17). For prior history, see Register 70, No. 17.

4. Repealer of Sections 407.15-407.23 filed 6-18-84; effective thirtieth day thereafter (Register 84, No. 25). For prior history, see Registers 77, No. 9; 76, No. 29, 76; No. 12; 76, No. 1; 67, No. 36; 73, No. 32; 73, No. 21; and 72, No. 39.

Article 3. Neutralization of Cream for Butter

§410. Neutralization of Cream for Butter.

Note • History

NOTE

Authority cited: Section 32909(b), Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

Article 4. Special Varieties of Cheese

§415. Varieties.

Note • History

(a) In accordance with the requirements of Section 37402 of the Food and Agricultural Code, standards of composition, aging periods and labeling requirements are hereby established for special varieties of cheese as follows:

(b) Panella, Queso Blanco, Queso Fresco, and Jalapeno may be labeled skim cheese, part skim cheese, or whole milk cheese, as the case may be, in letters of the same size, style, and color of the varietal name. The moisture content shall not exceed 55 percent.

(c) The special varieties of cheese listed herein shall be labeled with the varietal name and subject to standards of composition and method of manufacture for the variety indicated. When no varietal name has been established, the fat and moisture standards should determine into what general classification the cheese falls, and such classification shall appear on the label preceded or followed by the specific or common name of such cheese; or if no specific or common name has become generally recognized therefor, an arbitrary or fanciful name which is not false or misleading in any particular.

(d) All special varieties of cheese shall be made from pasteurized milk or held 60 days before offered for sale with the exception of those cheeses which require a holding time as part of the cheese-making process. In such cases, the minimum age shown in the above table shall apply. Pasteurized milk only shall be used for Muenster, Munster and Cook or Koch cheese. Caciocavallo cheese or Mozzarella cheese when sold fresh or uncured shall be made from pasteurized milk and/or pasteurized skim milk.

(e) The labeling provisions of Sections 37971-37976 of the Food and Agricultural Code are applicable to all special varieties of cheese.

(f) When milk other than cow's milk is used in whole or part, the label shall include the statement, “made from ________,” the blank being filled in with the name or names of the milk used in the order of predominance by weight.

(g) The following cheeses in the form of slices or cuts in consumer-sized packages may contain not more than 0.2 percent by weight of sorbic acid and shall be labeled “sorbic acid added to retard mold growth” or “sorbic acid added as a preservative,” if such cheese contains sorbic acid: Cheddar cheese, cheese; washed curd cheese, soaked curd cheese; colby cheese; granular cheese; Swiss cheese, Emmentaler cheese; Gruyere cheese; brick cheese; Muenster cheese, Munster cheese; Monterey cheese, Monterey jack cheese; provolone cheese, pasta filata cheese; caciocavallo siciliano cheese; Asiago fresh cheese, Asiago soft cheese; Asiago medium cheese; Asiago old cheese; Mozzarella cheese; semisoft cheeses; semisoft part-skim cheeses; pasteurized process cheese; pasteurized blended cheese; pasteurized process cheese with fruits, vegetables, or meats; pasteurized process pimento cheese; pasteurized blended cheese with fruits, vegetables, or meats; pasteurized process cheese food with fruits, vegetables, or meats.

(h) The following cheeses in the form of slices or cuts in consumer-sized packages may contain not more than 0.3 percent by weight of sodium propionate, calcium propionate, or a combination of sodium propionate and calcium propionate and the label shall bear the statement “________ added to retard mold growth” or “________ added as a preservative,” the blank being filled in with the names of the substance or substances used, if the cheese contains either or both of the substances:

Pasteurized process cheese; pasteurized blended cheese; pasteurized process cheese with fruits, vegetables or meats; pasteurized process pimento cheese; pasteurized blended cheese with fruits, vegetables, or meats; pasteurized cheese food; pasteurized process cheese food with fruits, vegetables or meats.

NOTE

Authority cited: Sections 407 and 37402, Food and Agricultural Code. Reference: Sections 37402, 37971-37976, Food and Agricultural Code.

HISTORY

1. Amendment of subsection (a) filed 10-19-67; effective thirtieth day thereafter (Register 67, No. 42). For prior history, see Register 64, No. 13.

2. Repealer and new section filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

3. Amendment of subsection (a) filed 8-12-80; effective thirtieth day thereafter (Register 80, No. 33).

§415.01. Hoop Cheese.

Note • History

Hoop cheese is the product prepared by pressing into forms dry curd cottage cheese as defined by Section 37641 of the Food and Agricultural Code. It shall contain not more than 80 percent of moisture by weight when sold to the consumer.

NOTE

Authority cited: Sections 407 and 37402, Food and Agricultural Code. Reference: Sections 37402, 37971-37976, Food and Agricultural Code.

HISTORY

1. New section filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§415.02. Kefir Cheese.

Note • History

Kefir cheese is a soft, uncured cheese made from one or more of the following pasteurized market milk products: milk, cream, concentrated milk, dried milk, skim milk, concentrated skim milk, or nonfat dry milk, cultured with Lactobacillus caucasicus bacteria to the desired acidity. Kefir cheese shall have a maximum moisture of 70 percent and a minimum milk fat of 5 percent on a product basis, and shall be labeled in accordance with the labeling provisions of Sections 37971 and 37976.

NOTE

Authority cited: Sections 407 and 37402, Food and Agricultural Code. Reference: Sections 37402, 37971-37976, Food and Agricultural Code.

HISTORY

1. New section filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§415.03. Ricotta Cheese with Fruit Added.

Note • History

Fruit may be added to Ricotta cheese or part skim Ricotta cheese. Whether the fruit is a single variety or a combination of two or more varieties, the amount which is added shall not be less than 10 percent and not more than 25 percent by weight of the finished product. Any fruit which is added shall be clean, mature and sound. The fruit shall be frozen, canned, or dried, or have been heated to pasteurization temperature.

The standards for moisture and fat for Ricotta cheese or part skim Ricotta cheese with fruit added shall be the same as those for Ricotta cheese and part skim Ricotta cheese without such additions.

The label must include the variety of fruit in the title.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Section 37402, Food and Agricultural Code.

HISTORY

1. New section filed 8-12-80; effective thirtieth day thereafter (Register 80, No. 33).

§415.04. Goat Cheese.

Note • History

Goat cheese is made from goat's milk. It shall contain not less than 40 percent of milk fat on a dry basis and contain not more than 50 percent of moisture when sold to the consumer. Goat cheese may contain spices which shall be identified on the principal display panel of the retail package. The cheese shall be labeled as “goat cheese” or “goat's milk cheese.” The name may be preceded by an appropriate ethnic name if no cheese is equivalent to or closely resembles the name referred to.

NOTE

Authority cited: Sections 407 and 37402, Food and Agricultural Code. Reference: Section 37402, Food and Agricultural Code.

HISTORY

1. New section filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

§415.1. Grated Cheese and Shredded Cheese; Composition and Labeling.

Note • History

(Section 37402, Food and Agricultural Code.)

(a) (1) This section shall apply only to grated and shredded varieties of hard cheese specifically described and enumerated in the California Administrative Code. These are the following: Romano, Parmesan, Reggiano, Asiago Old and Hard Grating Cheese.

(2) The grated or shredded cheeses for which definitions and standards of identity are prescribed by this section are foods prepared by grating, grinding, shredding or otherwise comminuting and mixing one or more cheeses of the same variety or cheeses of two or more varieties.

(3) No ingredient other than the cheeses specifically mentioned and enumerated in this section shall be permitted in grated cheese or shredded cheese except:

(A) A mold-inhibiting ingredient consisting of sorbic acid, potassium sorbate, sodium sorbate, or any combination of two or more of these in a total amount not to exceed 0.3 percent by weight of the finished product.

(B) An anticaking agent consisting of silicon dioxide, calcium silicate, sodium silicoaluminate, or any combination of two or more of these in a total amount not to exceed 2 percent by weight of the finished product.

1. “________ added to retard mold growth” or “________ added as a preservative” if a mold inhibitor is used, and

2. “________ added as an anticaking agent” if an anticaking agent is used, (the blank(s) to be filled in with the name of the substance(s) used.)

(4) Any cheese used as a component of grated cheese or shredded cheese shall be made from pasteurized milk or be held at a temperature of not less than 35 degrees Fahrenheit for not less than 60 days before it is used in preparing grated cheese and shredded cheese.

(5) In the manufacture of grated cheese or shredded cheese, moisture may be removed from the cheese ingredients, but no moisture may be added.

(6) If the final product is made from only one variety of cheese, the minimum milk fat shall not be less than that specified in the California Administrative Code for that variety of cheese. If the final product is made from two or more varieties of cheese, the minimum milk fat of the finished product shall not be less than the arithmetic average of the minimum milk fat of those types of cheese.

(7) (A) In the case of grated cheese or shredded cheese made from two varieties of cheese, the weight of a single variety shall not be less than 25 percent of the total weight of both.

(B) In the case of a grated or shredded cheese made from three or more varieties of cheese, the weight of each of any two varieties used therein shall not be less than one-third of the total weight of all cheese, and if Romano or Parmesan cheese is included, or both Romano and Parmesan are included therein, the weight of each of said varieties of Romano or Parmesan shall not be less than 25 percent of the total weight of all cheese.

(b) The names specified for the grated cheeses or shredded cheeses for which definitions and standards of identity are prescribed by this section are as follows:

(1) The name of the grated cheese or shredded cheese made from one variety of cheese shall be “Grated ________ Cheese” or “Shredded ________ Cheese,” the blank to be filled in with the name of the cheese which is grated or shredded.

(2) The name of a grated cheese or shredded cheese made from two or more varieties of cheese shall be “Grated ________ and ________ Cheese” or “Shredded ________ and ________ Cheese,” the blanks to be filled in with the names of the cheeses which are grated or shredded in order of preponderance.

NOTE

Authority cited: Section 37402, Food and Agricultural Code.

HISTORY

1. New section filed 1-12-60; effective thirtieth day thereafter (Register 60, No. 2).

2. Amendment of subsection (a)(3) filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

3. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§415.2. Grated Cheese and Shredded Cheese (Other Varieties); Composition and Labeling.

Note • History

(a) (1) This section shall apply to all varieties of grated and shredded cheese or grated cheese foods except those specified in Section 415.1 of this article.

(2) The grated or shredded cheese for which definitions and standards of identity are prescribed by this section are foods prepared by grating, grinding, shredding or otherwise comminuting and mixing one or more cheeses of the same variety or cheeses of two or more varieties.

(3) No variety of cheese may be used in grated or shredded cheese described in this section except natural cheese for which the California Food and Agricultural Code or the California Administrative Code prescribes a maximum moisture of 52 percent or less. No other ingredients shall be permitted except substances defined in Section 415.1 (a)(3)(A), (B), and (C).

(5) In the manufacture of grated cheese or shredded cheese, moisture may be removed from the cheese ingredients, but no moisture may be added.

(6) If the final product is made from only one variety of cheese, the minimum milk fat shall not be less than that specified in the California Food and Agricultural Code and this subchapter for that variety of cheese. If the final product is made from two or more varieties of cheese, the minimum milk fat of the finished product shall not be less than the weighted average of the minimum milk fat for those varieties of cheese in the California Food and Agricultural Code or California Administrative Code. In no case shall the minimum milk fat be less than 30 percent on a dry basis.

(7) When grated or shredded cheese is made from three or more varieties of cheese, each cheese ingredient used must be present at a level of not less than two percent by weight of the finished product. If a grated or shredded cheese is made from three or more varieties of cheese and the weight of any two varieties used is less than one-third of the total weight of the cheese, the percent by weight of each cheese used shall be declared on the label.

(b) The names specified for the grated cheeses or shredded cheeses for which definitions and standards of identity are prescribed by this section are as follows:

(2) The name of the grated cheese or shredded cheese made from two or more varieties of cheese shall be “Grated ________ and ________ Cheese” or “Shredded ________ and ________ Cheese,” the blanks to be filled in with the names of the cheeses which are grated or shredded in order of predominance.

NOTE

Authority cited: Sections 407 and 37402, Food and Agricultural Code.

HISTORY

1. New section filed 6-11-64; effective thirtieth day thereafter (Register 64, No. 13).

2. Amendment filed 3-29-65; effective thirtieth day thereafter (Register 65, No. 5).

3. Amendment of subsection (a) (6) and (a) (7) filed 7-19-72; effective thirtieth day thereafter (Register 72, No. 30).

4. Amendment of subsection (a)(3) filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

§415.3. Grated American Cheese Food; Composition and Labeling.

Note • History

(a) (1) Grated American cheese food is the food prepared by mixing, with or without the aid of heat, one or more of the optional cheese ingredients prescribed in paragraph (b) of this section, with one or more of the optional ingredients prescribed in paragraph (c) of this section, into a uniformly blended, partially dehydrated, powdered or granular mixture.

(2) Grated American cheese food contains not less than 23 percent of milk fat.

(b) The optional cheese ingredients referred to in paragraph (a) of this section are cheddar cheese, washed curd cheese, Colby cheese, and granular cheese.

(1) Nonfat dry milk.

(2) Dried whey.

(3) An emulsifying agent consisting of one or any mixture of two or more of the following: monosodium phosphate, disodium phosphate, dipotassium phosphate, trisodium phosphate, sodium metaphosphate (sodium hexametaphosphate), sodium acid pyrophosphate, tetrasodium pyrophosphate, sodium citrate, potassium citrate, calcium citrate, sodium tartrate, sodium potassium tartrate and sodium aluminum phosphate, in such quantity that the weight of the solids of such emulsifying agent is not more than 3 percent of the weight of the grated American cheese food.

(4) An acidifying agent consisting of one or more of the following: A vinegar, lactic acid, citric acid, acetic acid or phosphoric acid.

(5) Substances defined in Section 415.1 (a)(3)(A), (B), and (C).

(6) Salt.

(7) Artificial coloring.

(d) (1) The label of grated American cheese food shall bear the common name of the optional ingredients used as prescribed in paragraphs (b) and (c)(1), (2), (3), (4) and (5) of this section, except that the cheese ingredient may be designated as “American cheese.”

(2) If artificial coloring is used, the label shall bear the statement “artificially colored” or “contains artificial color.”

(e) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the words and statements specified in this section, showing the optional ingredients used, shall immediately and conspicuously precede or follow such name, without intervening written, printed or graphic matter.

NOTE

Authority cited: Sections 407 and 37402, Food and Agricultural Code.

HISTORY

1. New section filed 6-11-64; effective thirtieth day thereafter (Register 64, No. 13).

2. Amendment of subsection (c) filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

§415.4. Blended Grated Cheese and Blended Shredded Cheese; Composition and Labeling.

Note • History

(a) (1) This section shall apply to all varieties of grated or shredded cheese which consists of one or more varieties of grated or shredded cheese described in Section 415.1 combined with one or more varieties of grated or shredded cheese described in Section 415.2 of this article.

(2) The minimum milk fat of a grated or shredded cheese described in this section shall be not less than the arithmetic average of the minimum milk fat specified in the California Food and Agricultural Code or California Administrative Code for the varieties of cheese used, but in no case shall the minimum milk fat be less than 30 percent on a dry basis.

(b) (1) The name specified for the grated or shredded cheeses for which definitions and standards of identity are prescribed by this section is “Blended Grated Cheese” or “Blended Shredded Cheese.” All words in the name shall appear in the same size, style and color or type and on the same background, without intervening written, printed or graphic matter, and without preceding words, in the same size, style and color or type.

(2) The name of each variety of cheese used in a grated or shredded cheese described in this section shall be included in order of preponderance in an ingredients clause which shall immediately and conspicuously precede or follow the name “blended grated cheese” or “blended shredded cheese” wherever the name appears on the label, so conspicuously as to be seen under customary conditions of purchase; provided that the ingredients clause shall appear in letters not more than one-half the height of the letters in the name of the product.

NOTE

Authority cited: Sections 407 and 37402, Food and Agricultural Code.

HISTORY

1. New section filed 6-11-64; effective thirtieth day thereafter (Register 64, No. 13).

§416. Pasteurized Process Cheese.

Note • History

In accordance with the provisions of Sections 37822-37823 of the Food and Agricultural Code, the standards of composition and labeling requirements for products defined in Sections 37821, 37851, to 37854, 37881 to 37884, 37911 to 37913, 37941 to 37944, inclusive, of the Food and Agricultural Code are as contained in Sections 416 to 427, inclusive, of the California Administrative Code.

(a) The moisture content of a pasteurized process cheese made from a single variety is not more than 1 percent greater than the maximum moisture prescribed for the variety of cheese used, but in no case more than 43 percent, except that the moisture content of pasteurized process wash curd cheese or pasteurized process colby cheese is not more than 40 percent; the moisture content of pasteurized process Swiss cheese, or pasteurized process Gruyere cheese is not more than 44 percent; and the moisture content of pasteurized process Limburger cheese is not more than 51 percent.

(b) The moisture content of a pasteurized process cheese made from two or more varieties of cheese shall not be more than 1 percent greater than the arithmetical average of the maximum moisture content prescribed for the varieties of cheese used, but in no case is the moisture content more than 43 percent, except that the moisture content of the pasteurized process cheese made from two or more varieties of cheddar cheese, wash curd cheese, colby cheese, and granular cheese is not more than 40 percent, and the moisture content of a mixture of Swiss cheese and Gruyere cheese is not more than 44 percent.

(c) The fat content of the solids of a pasteurized process cheese made from a single variety of cheese is not less than the minimum prescribed for the variety of cheese used, but in no case is less than 47 percent, except that the fat content of the solids of pasteurized process Swiss cheese is not less than 43 percent and the fat content of the solids of pasteurized process Gruyere cheese is not less than 45 percent.

(d) The fat content of the solids of a pasteurized process cheese made from two or more varieties of cheese is not less than the arithmetical average of the minimum fat content prescribed for the varieties of cheese used, but in no case less than 47 percent, except that the fat content of the solids of a pasteurized processed Gruyere cheese made from a mixture of Swiss cheese and Gruyere cheese is not less than 45 percent.

NOTE

Authority cited: Sections 37821, 37822, 37823, 37851-37854, 37881-37884, 37911-37913, 37941-37944, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§416.5. Pasteurized Process Cheese Product.

Note • History

(a) (1) Pasteurized process cheese product is the food prepared by comminuting and mixing, with the aid of heat, one or more of the optional cheese ingredients prescribed in paragraph (b) of this section, with or without one or more of the optional dairy ingredients prescribed in paragraph (c) of this section, with one or more of the optional ingredients prescribed by paragraph (d) of this section, into a homogeneous plastic mass.

(2) Pasteurized process cheese product shall have a moisture content of not more than 60 percent and a fat content of not less than 4 percent nor more than 17 percent.

(3) The weight of the cheese ingredient referred to in paragraph (a) (1) of this section shall constitute not less than 51 percent of the weight of the pasteurized process cheese product.

(4) Pasteurized process cheese product may be smoked, or the cheese from which it is made may be smoked before comminuting and mixing, or it may contain substances prepared by condensing or precipitating wood smoke.

(5) The flavor and body of any optional cheese ingredients used may be modified by the addition of safe and suitable enzymes. For the purpose of this section, the common name of each enzyme-modified cheese ingredient shall be “enzyme-modified ________ cheese,” the blank being filled in with the varietal name of the cheese so modified.

(b) The optional cheese ingredients referred to in paragraph (a) of this section include all natural cheese varieties for which there is a specific definition and standard of identity including the special varieties described in Section 415 (a) of this article.

(c) The optional dairy ingredients referred to in paragraph (a) of this section are milk or any safe and suitable product of milk.

(d) The other optional ingredients referred to in paragraph (a) of this section are any of the following safe and suitable ingredients:

(1) Emulsifying agents (such as phosphates, citrates, and tartrates) in such quantity that the weight of the solids of such emulsifying agents is not more than 3 percent of the weight of the finished food calculated as the anhydrous substance.

(2) (A) Stabilizers consisting of one or any mixture of two or more vegetable gums, gelatin, algin (sodium alginate), propylene glycol alginate, or xanthan gum. The total weight of such substances is not more than 0.8 percent of the weight of the finished food.

(B) When one or more of the optional ingredients listed in paragraph (d) (2) (A) of this section is used, dioctyl sodium sulfosuccinate may be used in a quantity not in excess of 0.5 percent of the weight of such ingredients.

(3) Acidifying agents.

(4) Nutritive carbohydrate sweeteners.

(5) Water.

(6) Salt.

(7) Coloring.

(8) Spices and/or flavorings, none of which singly or in combination with other ingredients simulate the flavor of a cheese of any age or variety.

(9) Mold-inhibiting ingredients on cuts or slices of pasteurized process cheese product in consumer sized packages.

(10) Lecithin on cuts or slices of pasteurized process cheese product in consumer sized packages as an antisticking agent in an amount not to exceed 0.03 percent by weight of the finished food.

(11) Enzyme-modified cheese.

(12) Any properly prepared cooked, canned or dried fruit, vegetable, meat, fish or poultry for flavoring purposes.

(e) If the optional ingredients described in paragraph (d) (12) of this section are utilized, the name of the food is “pasteurized process cheese product with ________,” the blank being filled in with the common or usual name or names of the fruits, vegetables, meat, fish or poultry used, in order of predominance by weight.

(f) The name of the food is “pasteurized process cheese product” and its label shall bear a list of ingredients by common or usual name. Each of the ingredients used in the food shall be declared on the label in descending order of predominance except that if the cheese ingredient contains cheddar cheese, washed curd cheese, colby cheese, granular cheese, monterey cheese, or any mixture of two or more of these, such cheese or such mixture may be designated as “American cheese.”

(g) Whenever any word or statement emphasizing the name of any ingredient appears on the label (other than in an ingredient statement) so conspicuously as to be easily seen under customary conditions of purchase:

(1) The full name of the food shall immediately and conspicuously precede or follow such word or statement in a type of at least the size as the type used in such word or statement, and

(2) When a label featured cheese is less than 50 percent of the total cheese ingredients, the word “flavored” shall also immediately follow the word or statement in a type of the same size and style used in such word or statement.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Section 37402, Food and Agricultural Code.

HISTORY

1. New section filed 8-10-73; effective thirtieth day thereafter (Register 73, No. 32).

2. Amendment filed 8-12-80; effective thirtieth day thereafter (Register 80, No. 33).

§417. Pasteurized Blended Cheese.

(a) The milk fat standard and the moisture standard for pasteurized blended cheese are those prescribed for pasteurized process cheese.

(b) Pasteurized blended cheese shall not contain any emulsifying agent or acidifying agent. In a mixture of two or more cheeses, cream cheese or Neufchatel cheese may be used. In a mixture of two or more cheeses containing cream cheese or Neufchatel cheese, the moisture content shall not be more than the arithmetical average of the maximum moisture standard prescribed for the varieties of cheese used and the fat content of the solids shall not be less than 47 percent.

§418. Pasteurized Process Cheese with Other Ingredients.

Pasteurized process cheese with fruits, vegetables, or meats or mixtures thereof, except as otherwise provided, may have a moisture content of 1 percent more and a milk fat content of 1 percent less than that prescribed for the corresponding pasteurized process cheese.

§419. Pasteurized Process Pimento Cheese.

Pasteurized process pimento cheese is the food which conforms to definition and standard of identity for pasteurized process cheese with fruits, vegetables or meats except that its moisture content is not more than 41 percent and the fat content of its solids is not less than 49 percent. The cheese ingredient is American cheese. The only flavoring material is pimento in such quantity that the weight of the solids thereof is not less than 0.2 percent of the weight of the finished product.

§420. Pasteurized Blended Cheese with Other Ingredients.

Pasteurized blended cheese with fruits, vegetables, or meats may have a moisture content of 1 percent more and a milk fat content of the solids may be 1 percent less than the limits prescribed for pasteurized blended cheese.

§421. Pasteurized Process Cheese Food.

(a) Pasteurized process cheese food shall have a moisture content of not more than 44 percent and a milk fat content of not less than 23 percent.

(b) Pasteurized process cheese food with fruit, vegetables, or meat shall have a milk fat content of not less than 22 percent and not more than 44 percent of moisture.

§422. Pasteurized Process Cheese Spread.

(a) Pasteurized process cheese spread shall have a moisture content of more than 44 percent but not more than 60 percent and the milk fat content shall not be less than 20 percent.

(b) Pasteurized cheese spreads shall conform to the standard of composition prescribed for pasteurized process cheese spread, except that no emulsifying agent is used.

(c) Pasteurized process cheese spread with fruits, vegetables, or meats shall have a milk fat content and a moisture content prescribed for pasteurized process cheese spread, except that it may contain properly prepared, cooked, canned, or dried fruit, vegetables and prepared, cooked, or canned meat.

(d) Pasteurized cheese spread with fruits, vegetables, and meats shall conform to the moisture and milk fat standard prescribed for pasteurized cheese spread, except that it may contain one or any mixture of properly prepared, cooked, canned, or dried fruit, vegetables, or meat.

(e) The weight of the cheese ingredients used in the manufacture of pasteurized process cheese foods and pasteurized process cheese spreads shall not be less than 51 percent of the weight of the finished pasteurized process cheese food.

§422.5. Pasteurized Low-Fat Cheese Spread.

History

Pasteurized low-fat cheese spread shall meet all of the standards and requirements of pasteurized cheese spread, except that moisture content shall not be more than 60 percent, and the milk fat content shall be not less than 2 percent, nor more than 4 percent.

HISTORY

1. New Sections 422.5 through 422.9 filed 5-9-72; effective thirtieth day thereafter (Register 72, No. 20).

§422.6. Pasteurized Lowfat Cheese Spread with Fruits, Vegetables, Spices, or Meats.

History

Pasteurized lowfat cheese spread with fruits, vegetables, spices, or meats may have a moisture content of 1 percent more than the limits prescribed for pasteurized lowfat cheese spread.

HISTORY

1. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§422.7. Pasteurized Skim Milk Cheese Spread.

History

Pasteurized skim milk cheese spread shall meet all of the standards and requirements of pasteurized cheese spread, except that the moisture content shall not be more than 60 percent, and the milk fat content not more than 1 percent. “Pasteurized Skim Milk Cheese Spread” may be sold as “Pasteurized Soft Skim Milk Cheese Spread” provided that the moisture content of the product is not more than 70 percent and the fat content not more than 1 percent.

HISTORY

1. Amendment filed 7-20-73; effective thirtieth day thereafter (Register 73, No. 29).

§422.8. Pasteurized Skim Milk Cheese Spread with Fruits, Vegetables, Spices, or Meats.

History

Pasteurized skim milk cheese spread with fruits, vegetables, spices, or meats may have a moisture content of 1 percent more than the limits prescribed for pasteurized skim milk cheese spread. “Pasteurized Skim Milk Cheese Spread with Fruits, Vegetables, Spices, or Meats” may be sold as “Pasteurized Soft Skim Milk Cheese Spread with Fruits, Vegetables, Spices, or Meats” provided that the moisture content of the product is not more than 70 percent and the fat content not more than 1 percent.

HISTORY

1. Amendment filed 7-20-73; effective thirtieth day thereafter (Register 73, No. 29).

§422.9. Labeling Limitations.

The products provided for in Sections 422.5 to 422.8, inclusive, may not be labeled as imitation cheese products.

§423. Cold Pack Cheese.

(a) Cold pack cheese, club cheese, or comminuted cheese if made from a single variety of cheese shall have a moisture content of not more than the maximum moisture content prescribed for the variety of cheese used; and if made from two or more varieties the moisture standard shall be the arithmetical average of the maximum moisture content prescribed for the varieties of cheese used, but shall not be greater than 42 percent, except that the moisture content of a cold pack cheese made from two or more of the varieties of cheddar cheese, wash curd cheese, colby cheese, and granular cheese shall not be more than 39 percent.

(b) The fat content of the solids of a cold pack cheese made from a single variety of cheese shall not be less than the minimum prescribed for the variety of cheese used, but in no case is less than 47 percent, except that the fat content of the solids of cold pack Swiss cheese is not less than 43 percent and the fat content of solids of cold pack Gruyere cheese is not less than 45 percent.

(c) The fat content of the solids of a cold pack cheese made from two or more varieties of cheese shall not be less than the arithmetical average of the minimum percent of fat prescribed for the varieties of cheese, but in no case less than 47 percent, except that the fat content of the solids of the cold pack cheese made from Swiss cheese and Gruyere cheese shall not be less than 45 percent. Cold pack cheese food shall have a moisture content of not more than 44 percent and a milk fat content of not less than 23 percent.

(d) Cold pack cheese food with fruits, vegetables, and meats shall have a moisture content of not more than 44 percent and a milk fat content of not less than 22 percent.

§424. Prohibited Ingredients.

History

(a) Cream cheese, Neufchatel cheese, dry curd cottage cheese, cottage cheese, lowfat cottage cheese, hoop cheese, baker's cheese, kefir cheese, and cook cheese shall not be used in the manufacture of pasteurized process cheese food nor in cold pack cheese food. Hard grating cheese, semisoft part skim cheese and part skim spiced cheese shall not be used alone or in combination with each other as the cheese ingredient for any cheese food.

(b) Cream cheese, Neufchatel cheese, dry curd cottage cheese, cottage cheese, lowfat cottage cheese, cook cheese, baker's cheese, kefir cheese, hard grating cheese, semisoft part skim cheese, part skim spiced cheese, and skim milk cheese for manufacturing shall not be used in the manufacture of pasteurized process cheese nor in cold pack cheese.

(c) Cream cheese, Neufchatel, dry curd cottage cheese, cottage cheese, low fat cottage cheese, cook cheese, hoop cheese, hard grating cheese, semisoft part skim cheese, and part skim spiced cheese shall not be used alone or in combination with each other in the manufacture of pasteurized process cheese spreads.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§425. Emulsifying Agents.

One or any mixture of two or more emulsifying agents as follows: monosodium phosphate, disodium phosphate, dipotassium phosphate, trisodium phosphate, sodium metaphosphate (sodium hexametaphosphate), sodium acid pyrophosphate, tetrasodium pyrophosphate, sodium citrate, potassium citrate, calcium citrate, sodium tartrate, sodium potassium tartrate, or other emulsifying agents approved by the director may be used in pasteurized process cheese, pasteurized process cheese food, and pasteurized process cheese spread in such quantity that the weight of the solids of such emulsifying agents is not more than 3 percent by weight of the product.

§426. Acidifying Agents.

(a) An acidifying agent consisting of one or any mixture of two or more of the following: a vinegar, lactic acid, citric acid, acetic acid, phosphoric acid, or other acidifying agents approved by the director may be used in pasteurized process cheese in such quantity that the pH of the pasteurized process cheese is not below 5.3; and in pasteurized process cheese food in such quantity that the pH of the pasteurized process cheese food is not below 5.0; and in pasteurized process cheese spread in such quantity that the pH of the pasteurized process cheese spread is not below 4.0; and in cold pack cheese and cold pack cheese food in such quantity that the pH of the finished product is not below 4.5. When acidifying agents are used in cold pack cheese, such cheese shall be labeled with the name of the acidifying agent followed with the statement “added as a chemical preservative.” Pasteurized process cheese spread and cold pack cheese food acidified below the pH 5.0 shall be labeled with the name of the acidifying agents other than vinegar followed with the statement “chemical preservative added.”

§427. Labeling.

(a) The name of a pasteurized process cheese is as follows: (1) if made from a single variety of cheese, its name is “pasteurized process ________ cheese”; (2) if made from two or more varieties of cheese its name is “pasteurized process ________ and ________ cheese” or “pasteurized process ________ blended with ________ cheese” or “pasteurized process blend of ________ and ________ cheese,” the blanks being filled in with the names of the varieties of cheese used, in order of predominance by weight; except that: if made from Gruyere cheese and Swiss cheese and the weight of Gruyere cheese is not less than 25 percent of the weight of both, it may be designated “pasteurized process Gruyere cheese”; if made of cheddar cheese, washed curd cheese, colby cheese, or granular cheese, or any mixture of two or more, it may be designated “pasteurized process American cheese”; or when cheddar cheese, washed curd cheese, colby cheese, or granular cheese, or any mixture thereof, is combined with other varieties of cheese in the cheese ingredient, any of such cheeses of such mixtures may be designated as “American cheese.”

(b) If the pasteurized process cheese is smoked or made from cheeses which have been smoked, the word “smoked” shall precede or follow the name of the pasteurized process cheese or name of the cheese ingredient which was smoked. If it contains a substance prepared by condensing or precipitating wood smoke, the label shall bear the term “with added ________,” the blank being filled in with the common or usual name of such ingredient. If it contains spice, the label shall bear the term “spiced” or “spice added” or “with added spice,” or in lieu of the word “spice” the common or usual name of the spice. If it contains added flavoring, the label shall bear the term “flavoring added,” “with added flavoring,” or “flavored with________,” the blank being filled in with the common or usual name of the flavoring; if the flavoring is artificial, the word “artificial” shall precede the word “flavoring” or the word “artificially” shall precede the term “flavored with ________.”

(c) The labeling provisions for pasteurized process cheese shall also apply to pasteurized blended cheese, except that the word “blended” is used in place of the word “process.”

(d) The labeling provisions for pasteurized process cheese shall also apply to pasteurized process cheese with fruits, vegetables or meats but followed by the term “with ________,” the blank being filled in with the common or usual name or names of the fruit, vegetable, or meats used, in order of predominance by weight.

(e) The labeling provisions for pasteurized process cheese with fruits, vegetables, or meats shall also apply to pasteurized blended cheese with fruits, vegetables, or meats, except that the word “blended” is used instead of the word “process.”

(f) The label of a pasteurized process cheese food shall bear the common or usual names of the cheese ingredient used. If the product is smoked or made from cheeses which have been smoked, the word “smoked” shall precede or follow the name of the pasteurized process cheese food or the name of the cheese ingredient which was smoked. If the product contains spice, the label shall bear the statement “spiced” or “spice added” or “with added spice,” or in lieu of the word “spice” the common or usual name of the spice used. If it contains flavoring, the label shall bear the statement “flavoring added,” “with added flavoring” or “flavored with ________,” the blank being filled in with the common or usual name of the flavoring used. If the flavoring is artificial, the word “artificial” shall precede the word “flavoring,” or the word “artificially” shall precede the statement “flavored with ________.” If it contains added artificial coloring, the label shall bear the statement “artificially colored” or “contains artificial color.”

(g) The labeling provisions for pasteurized process cheese food shall also apply to pasteurized process cheese food with fruits, vegetables or meats, except that the name of the product is “pasteurized process cheese food with ________,” the blank being filled in with the common or usual names of the fruits, vegetables, or meats used, in order of predominance by weight. If the only vegetable used is pimento without any fruits or meats, the name of the product shall be “pimento pasteurized process cheese food” or “pasteurized process pimento cheese food.”

(h) The labeling provisions for pasteurized process cheese food shall also apply to pasteurized process cheese spreads, except that the product shall be labeled “pasteurized process cheese spread.”

When carob bean gum, gum karaya, gum tragacanth, sugar gum, gelatin, carboxymethyl cellulose, carrageen, oat gum, algin (sodium alginate), and algin derivative (propylene glycol ester of alginic acid) are used, the amount used shall not exceed eight-tenths of 1 percent by weight. A sweetening agent consisting of one or any mixture of two or more of the following may be used: sugar, dextrose, corn sugar, corn sirup, corn sirup solids, maltose, malt sirup, and hydrolyzed lactose, in a quantity necessary for seasoning. Any of these ingredients when used must be declared on the label, except that carob bean gum, gum karaya, gum tragacanth, guar gum, and oat gum may be designated as “vegetable gum.”

(i) The labeling and standards for pasteurized cheese spread are those prescribed for pasteurized process cheese spreads, except that no emulsifying agent is used.

(j) The labeling for pasteurized process cheese spread with fruits, vegetables, or meats and for pasteurized cheese spread with fruits, vegetables or meats shall be those prescribed for pasteurized process cheese food with fruits, vegetables, or meats, except in the name of the product.

(k) The labelings for cold pack cheese, club cheese, and comminuted cheese shall be those prescribed for pasteurized process cheese, except that the name of the product is “cold pack ________ cheese” or “________ club cheese” or “comminuted ________ cheese,” the blanks being filled in with the name or names of the varieties of cheese used, in order of predominance by weight; and if made of cheddar cheese, washed curd cheese, colby cheese, or granular cheese, or any mixture thereof, it may be designated “cold pack American cheese”; or when cheddar cheese, washed curd cheese, colby cheese, or granular cheese, or a mixture thereof, is combined with other varieties of cheese in the cheese ingredient, any of such cheese or such mixture may be designated as “American cheese.”

(l) Cold pack cheese food shall be labeled in accordance with the labeling requirements for pasteurized process cheese food, except that the name shall be “cold pack cheese food.”

Cold pack cheese food with fruits, vegetables, or meats shall conform to the labeling requirements for cold pack cheese food, except that the name of the cold pack cheese food with fruits, vegetables, or meats is “cold pack cheese food with ________,” the blank being filled in with the common or usual name or names of the fruits, vegetables, or meats used, in order of predominance by weight.

(m) Pasteurized process cheese; pasteurized blended cheese; pasteurized process cheese with fruits, vegetables, or meats; pasteurized process pimento cheese; pasteurized blended cheese with fruits, vegetables or meats; pasteurized process cheese food; pasteurized process cheese food with fruits, vegetables, or meats; pasteurized process cheese spread; pasteurized cheese spread; pasteurized process cheese spread with fruits, vegetables, or meats; pasteurized cheese spread with fruits, vegetables, or meats; cold pack cheese; club cheese; comminuted cheese; cold pack cheese food; cold pack cheese food with fruits, vegetables, or meats shall also be labeled with the name and address of the manufacturer or distributor, the name of the product, the word “pasteurized,” if pasteurized, unless the word “pasteurized” is included in the name of the product.

§428. Hard Grating Cheese.

History

In the process of making hard grating cheese, rice flour may be sprinkled along the surfaces. The cheese surface may be rubbed with vegetable oil or any other ingredient approved by the director.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§428.1. Cottage Cheese Labels.

Note • History

In addition to the labeling provisions of Section 37975 of the Food and Agricultural Code, containers or packages for dry curd cottage cheese, lowat cottage cheese, lowfat cottage cheese with added chives, fruits or vegetables, cottage cheese, cottage cheese with added chives, fruits or vegetables, shall comply with the following:

(a) The name or any part of the name of the product must be easily seen or understood under customary conditions of purchase.

(b) The type shall be of suitable size and style, with sufficient background contrast, with no obscuring design or vignette, and shall not be crowded with other written, printed or graphic matter.

(c) If the name and address differs from the name and address of the plant where the product was packaged, the words “manufactured by” or “packaged by plant 06-____” (the blank to be filled in with the plant number of the manufacturer or packager; “06” is the Federal Information Processing Standards (FIPS) designation for California, and manufacturers or packagers located outside of California should use the applicable FIPS number for their state) shall be included.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 37972-37973, 37975, Food and Agricultural Code.

HISTORY

1. New section filed 10-9-53; effective thirtieth day thereafter (Register 53, No. 18).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

3. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§428.2. Cream Cheese with Other Foods; Identity, Label of Optional Ingredients. [Repealed]

Note • History

NOTE

Authority cited: Sections 16 and 674.5, Agricultural Code.

HISTORY

1. New section filed 8-3-54; effective thirtieth day thereafter (Register 54, No. 17).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

3. Repealer filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§428.3. Pasteurized Neufchatel Cheese Spread with (and) Other Foods: Identity, Label Statement of Optional Ingredients. [Repealed]

History

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

Article 5. Frozen Dairy Products

§429. Frozen Dairy Products.

Note • History

For the purposes of this article, frozen dairy products include ice cream, frozen yogurt, sherbet, yogurt sherbet, frozen dairy dessert, frozen desserts, frozen dairy products labeled as gelato, or other similar frozen dairy products as specified in sections 33704.7 and 33704.8 of the Food and Agricultural Code and 21 CFR Part 135, and labeled in accordance with 21 CFR Part 101.

NOTE

Authority cited: Sections 407, 36601 and 36807, Food and Agricultural Code. Reference: Sections 33704.7, 33704.8, 34008, 36806, 36861, 36951, 36952 and 36991, Food and Agricultural Code.

HISTORY

1. New section filed 6-10-2010; operative 7-10-2010 (Register 2010, No. 24).

§430. Reconstitution of Mix or Premix to Manufacture Frozen Dairy Products.

Note • History

(a) Except as specified in subsection (b), a mix or premix that is used to manufacture frozen dairy products shall not be reconstituted or recombined with water, milk or any milk product without being pasteurized immediately afterwards in approved and properly operated pasteurization equipment that meets the requirements of sections 34001 or 34001.5 of the Food and Agricultural Code, and sections 582, 583, 584, 585 and 602(e) of Title 3, California Code of Regulations.

(b) Mix or premix used to manufacture frozen dairy products, except frozen yogurt, may be in condensed or dry form and reconstituted with water at semi-frozen milk products plants operating under provisions of section 33704 of the Food and Agricultural Code, or at establishments with a limited manufacturing permit operating under section 35016 of the Food and Agricultural Code, subject to all of the following conditions:

(1) The mix or premix to be reconstituted with water shall have been pasteurized at the plant where it was packaged.

(2) Water used to reconstitute mix or premix shall conform to Department of Public Health standards for public supplies of drinking water.

(3) Reconstitution of mix or premix with water shall occur on the same premises as the freezing device in which the mix or premix will be used and be conducted with utensils and equipment that meet the requirements of sections 33763, 33764, 33765, and 33766 of the Food and Agricultural Code.

(4) Reconstituted mix shall be poured directly into the freezing device or refrigerated at a temperature not to exceed 45 degrees Fahrenheit, and so maintained until frozen. Reconstituted mix or premix shall not be stored for more than 24 hours.

(5) Any reconstituted frozen dairy product that is not sold, and any freezing device salvage from the manufacture of reconstituted frozen dairy products shall not be reused as a mix.

(6) Fruits or flavorings added to reconstituted mixes by semi-frozen milk products plants shall only be from factory-filled containers labeled in compliance with 21 CFR Part 101.

(c) Pursuant to Food and Agricultural Code section 33704, reconstitution of condensed or dry mix or premix is prohibited at facilities issued a limited packaging permit.

NOTE

Authority cited: Sections 407, 36601 and 36807, Food and Agricultural Code. Reference: Sections 32513, 33704, 33704.7, 33704.8, 33763, 33764, 33765, 33766, 34001, 34001.5, 34008, 35011, 35016, 36605, 36802, 36806, 36861, 36951, 36952, 36991 and 36992, Food and Agricultural Code.

HISTORY

1. New section filed 6-10-2010; operative 7-10-2010 (Register 2010, No. 24).

§431. Optional Dairy Ingredients. [Repealed]

Note • History

NOTE

Authority cited: Sections 407 and 36807, Food and Agricultural Code. Reference: Section 36807, Food and Agricultural Code.

HISTORY

1. New section filed 4-13-76; effective thirtieth day thereafter (Register 76, No. 16). For former history, see Register 56, No. 18.

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§432. Chocolate Ice Cream. [Repealed]

History

HISTORY

1. Repealer filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§433. Trade Name Products. [Repealed]

History

HISTORY

1. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§434. “Ice Cream,” “Ice Milk,” “Sherbet.” [Repealed]

History

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§435. “Package” Construed.

History

The term “package” as used in Section 36805 of the Food and Agricultural Code is construed to include any carton, cup, bag, case, box, or any receptacle or container coming in contact with ice milk or ice cream. This provision does not apply to containers commonly known as “ice cream cones” except when such containers are prefilled or prepackaged for sale.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§436. Sherbet. [Repealed]

Note • History

NOTE

Authority cited: Section 36953, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§437. Stabilizers. [Repealed]

Note • History

NOTE

Authority cited: Sections 36864, 36923 and 36952.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§438. Temperature.

History

(a) All ice cream mix and ice milk mix, after pasteurization, shall be maintained at a temperature below 50 degrees Fahrenheit until frozen. If the mix is a sterile product it shall be maintained below 50 degrees Fahrenheit after being opened.

(b) Milk drink mix as defined by Section 38451 of the Food and Agricultural Code, after pasteurization, shall be maintained below 50 degrees Fahrenheit until frozen. If the mix is a sterile product it shall be maintained below 50 degrees Fahrenheit after being opened.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment of subsection (b) filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§439. Yami Yogurt Sherbet. [Repealed]

Note • History

NOTE

Additional authority cited: Section 441, Agricultural Code.

HISTORY

1. New section filed 7-1-52; effective thirtieth day thereafter (Register 29, No. 2).

2. Repealer filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§440. Frozen Milk Products Returns.

History

(a) All returned open containers of frozen milk products and all crushed frozen milk product novelties shall be considered prima facie unacceptable for reprocessing.

(b) All materials or products deemed suitable for reprocessing must be stored in a sanitary place.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§440.1. Diabetic or Dietetic Ice Cream and Diabetic or Dietetic Ice Milk. [Repealed]

Note • History

NOTE

Authority cited: Section 36926, Food and Agricultural Code.

HISTORY

1. New section filed 3-9-60; effective thirtieth day thereafter (Register 60, No. 5).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§441. Frozen Yogurt Mix--Fruits and Flavorings.

Note • History

Frozen Yogurt Mix, when used by manufacturers operating under the provisions of section 33704 of the Food and Agricultural Code, shall be obtained in preflavored form from a licensed mix manufacturer, unless fruits or flavoring are added to mixes by the soft-serve operator directly from factory-filled containers labeled in compliance with 21 CFR Part 101. The addition of any ingredient other than fruits and flavorings, including water, to a mix by the semi-frozen milk products plant operator shall constitute adulteration.

NOTE

Authority cited: Sections 407, 36601 and 36807, Food and Agricultural Code. Reference: Sections 32912, 33704 and 33704.5, Food and Agricultural Code.

HISTORY

1. New section filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2).

2. Amendment of section and Note filed 6-10-2010; operative 7-10-2010 (Register 2010, No. 24).

§441.1. Frozen Yogurt Mix and Lowfat Frozen Yogurt Mix Temperature Requirements and Approved Sweeteners.

Note • History

(a) Frozen Yogurt Mix and Lowfat Frozen Yogurt Mix, after pasteurization and the fermentation process, shall be cooled immediately to a temperature below 50oF. and maintained at, or below, that temperature until frozen.

(b) The mix may be sweetened by the use of sweetening ingredients specified in the Code of Federal Regulations, Title 21, Part 20, Section 20.1(d).

NOTE

Authority cited: Sections 407 and 36994, Food and Agricultural Code. Reference: Sections 33704, 33704.5 and 36994, Food and Agricultural Code.

HISTORY

1. New section filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2)

§441.2. Frozen Yogurt Dessert and Lowfat Frozen Yogurt Dessert Ingredient Listing.

Note • History

The ingredient list referred to in Section 33704.5 of the Food and Agricultural Code shall list the common or usual name of each ingredient as required by Section 32912 for retail ingredient labeling.

NOTE

Authority cited: Sections 407 and 36994, Food and Agricultural Code. Reference: Sections 33704, 33704.5 and 36994, Food and Agricultural Code.

HISTORY

1. New section filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2).

§441.3. Frozen Yogurt Dessert, Lowfat Frozen Yogurt Dessert--Dietary Labeling.

Note • History

The signs required by section 33704.5 of the Food and Agricultural Code shall also include the dietary information, specified in Section 32912.7, when any claim, beyond product identification, is made that the product is for dietary management.

NOTE

Authority cited: Sections 407 and 36994, Food and Agricultural Code. Reference: Sections 33704, 33704.5 and 36994, Food and Agricultural Code.

HISTORY

1. New section filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2.).

Article 6. Neutralization of Ice Cream Mix

§443. Neutralization of Ice Cream Mix.

The use of neutralizer for the adjustment of ice cream mix or ice milk mix shall not be practiced when the milk and/or cream used exceeds 0.2 percent acidity or when the acidity of the entire mix exceeds 0.25 percent acidity.

Article 7. Acidophilus or Modified Milk

§448. Modified Milk Products.

Note • History

Plants desiring to secure a license for the manufacture of modified milk, modified sterilized milk, or modified sterilized cream, as provided for in Sections 38347 and 38531 of the Food and Agricultural Code shall do so by letter, indicating therein the qualifications of the technician who is to be employed and under whose supervision these products will be produced. The Department of Food and Agriculture will, at its discretion, examine into the qualifications of such technician as an essential consideration in determining whether or not the license for manufacture shall be issued. Each application for a license to manufacture modified milk, modified sterilized milk, or modified sterilized cream, must be accompanied by a statement describing the method and manner by which the product is made.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Section 35071, Food and Agricultural Code.

HISTORY

1. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Amendment filed 5-30-80; effective thirtieth day thereafter (Register 80, No. 22).

§449. Eggnog. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Section 38791.5, Food and Agricultural Code.

HISTORY

1. New section filed 5-30-80; effective thirtieth day thereafter (Register 80, No. 22). For prior history, see Registers 26, No. 7 and 75, No. 17.

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

Article 8. Imitation Ice Cream and Imitation Ice Milk

§455. Stabilizers.

Note • History

Stabilizers as provided for in Section 39183 of the Food and Agricultural Code are construed to be stabilizers or emulsifiers which help to maintain a desirable body or texture in imitation ice cream and imitation ice milk by functioning in any or all of the following ways:

(a) By combining with a portion of the water normally present in the frozen product to form a jell structure in said product;

(b) By assisting in the maintenance of a stable fat emulsion in the frozen product.

NOTE

Additional authority cited: Section 39183, Food and Agricultural Code.

HISTORY

1. Revision of Article 8 (§§ 455-466, incl.) filed 7-9-53; effective thirtieth day thereafter (Register 53, No. 11).

2. Amendment filed 4-25-75 as procedural and organizational (Register 75, No. 17).

§456. Edible Oil or Fat.

Note • History

The term edible oil or fat as used in Sections 39182 and 39183 of the Food and Agricultural Code is construed to be edible oil or fat derived from vegetable or animal sources.

NOTE

Authority cited: Sections 39182-39183, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§457. Milk Solids Not Fat.

Milk solids not fat shall mean and include skim milk, concentrated (evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk (whether fluid, condensed or dried), and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization, or the lactose has been converted to simple sugars by hydrolysis.

§458. Fruit Imitation Ice Cream and Ice Milk.

(a) Fruit imitation ice cream is imitation ice cream containing not less than 3 percent by weight of clean, mature, sound fruit or the juice thereof.

(b) Fruit imitation ice milk is imitation ice milk containing not less than 3 percent by weight of clean, mature, sound fruit or the juice thereof.

§459. Nut or Candy Imitation Ice Cream and Imitation Ice Milk.

History

(a) Nut or candy imitation ice cream is imitation ice cream containing not less than 1 percent by weight of sound, nonrancid nut meats or candy.

(b) Nut or candy imitation ice milk is imitation ice milk containing not less than 1 percent by weight of sound, nonrancid nut meats or candy.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§460. Labeling.

(a) All square, rectangular or other flat-sided containers other than pails, of imitation ice cream or imitation ice milk shall be conspicuously labeled on at least three sides and on each end of the container with the words “imitation ice cream” or “imitation ice milk,” as the case may be, in bold face type distinctly contrasting in color with the background color of the container, and in no event smaller than one-half the size of the largest lettering appearing on that side or end of the container. The name of each of the ingredients of the imitation ice cream or imitation ice milk, as the case may be, shall be printed on one side of the container.

(b) All round or cylindrical containers of imitation ice cream or imitation ice milk shall be conspicuously labeled on the top lid and at least two times on the side, at equidistant points, with the words “imitation ice cream” or “imitation ice milk,” as the case may be, in bold face type distinctly contrasting in color with the background color on the container, and in no event smaller than one-half the size of the largest lettering appearing on the top lid or that side, as the case may be, of the container. The name of each of the ingredients of the imitation ice cream or imitation ice milk, as the case may be, shall be printed on the side of the container.

(c) All containers of imitation ice cream or imitation ice milk in the shape of a pail shall be conspicuously labeled on at least three sides and on top of the container with the words “imitation ice cream” and “imitation ice milk,” as the case may be, in bold face type distinctly contrasting in color with the background color of the container, and in no event smaller than one-half of the size of the largest lettering appearing on that side or the top of the container. The name of each of the ingredients of the imitation ice cream or imitation ice milk, as the case may be, shall be printed on one side of the container.

(d) All coated (dipped), plain (undipped) bars, cakes, pies, suckers, lollipops, and similar products, composed wholly or partially of imitation ice cream or imitation ice milk shall be sold in paper, cellophane, cardboard, foil or other similar wrapping, which wrapping shall be conspicuously labeled on any side on which the trade-name of the product appears, with the words “imitation ice cream” or “imitation ice milk,” as the case may be, in bold face type, distinctly contrasting in color with the background color on the wrapping, and in no event smaller than one-half the size of the largest lettering appearing on that side of the wrapping. The name of each of the ingredients of the imitation ice cream or imitation ice milk, as the case may be, shall also be printed on the same side of the wrapping.

§461. “Container” Construed.

Note • History

The term “container” as used in Section 39211 of the Food and Agricultural Code, and in these regulations, is construed to include any carton, cup, bag, case, box, wrapping, or any receptacle, package or container coming in contact with coated or uncoated imitation ice cream or imitation ice milk.

NOTE

Authority cited: Section 39211, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§462. “Bulk” Construed.

Note • History

“Bulk” imitation ice cream or imitation ice milk, as the term “bulk” is used in Section 39153 of the Food and Agricultural Code, is construed to mean imitation ice cream or imitation ice milk in factory-filled packages containing more than one-half gallon.

NOTE

Authority cited: Section 39153, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§463. Reports.

All manufacturers of imitation ice cream or imitation ice milk shall prepare and file with the director once each month such report as the director may require of the amount of edible oil or fat received, and of the amount of such edible oil or fat used, during the month, and the source thereof, together with an accurate report of the amount of imitation ice cream and imitation ice milk manufactured during the month.

§464. Weight.

History

Imitation ice cream shall contain a minimum of one and six-tenths pounds of food solids per gallon and shall weigh not less than 4.5 pounds per gallon. Imitation ice milk shall contain a minimum of one and three-tenths pounds of total food solids per gallon and shall weigh not less than 4.5 pounds per gallon. The determination of the weight of total food solids per gallon, and method of sampling, shall be the same as that set forth in Section 429, Article 5, subchapter 1, Title 3, Administrative Code.

HISTORY

1. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§465. Artificial Color and Flavor.

History

Imitation ice cream and imitation ice milk may be made with the use of artificial color and artificial flavor, provided the labeling and sale of such products shall be in accordance with the provisions set forth in Title 17, California Administrative Code Sections 26466(2) and 10845.

HISTORY

1. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§466. Labeling.

All containers of imitation ice cream and imitation ice milk shall be labeled with the name of the product and with the name and address of the manufacturer or the wholesale distributor or the retailer. The words “manufactured by” shall appear above the name when the name of the manufacturer is given; the words “distributed by” shall appear above the name when the name of the wholesale distributor is given; and the words “put up for” or “put up by,” as the case may be, shall appear above the name when the name of the retailer is given.

§467. Advertising and Labeling.

History

Where any trade name, word, or phrase is used in connection with the advertising, labeling, sale, and distribution of imitation ice cream or imitation ice milk, there must also appear in connection with such trade name, word, or phrase, the words “imitation ice cream” or “imitation ice milk,” as the case may be, in a conspicuous manner.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

Article 9. Products Resembling Milk Products

§468. Definitions.

Note • History

The definitions for “products resembling milk products,” “filled products,” “imitation milk products,” “nondairy products,” and “trade products” stated in sections 38911-38916 are applicable to this article.

NOTE

Authority cited: Sections 407, 36601, 36602, 38924, 38952, 38953, 38972, 38982 and 38985, Food and Agricultural Code. Reference: Sections 32915, 38911-38985, Agricultural Code.

HISTORY

1. New Article 9 (Sections 468 through 476) filed 2-5-69; effective thirtieth day thereafter (Register 69, No. 6).

§469. Healthfulness and Purity.

(a) All ingredients of imitation milk products and filled products, except for flavorings, shall be pasteurized in accordance with the provisions of sections 34001 and 35168 of the Food and Agricultural Code.

(b) Every trade product, except those which are acidified, having a fat or oil content of not more than 10 percent, shall have a Standard Plate Count of not more than 15,000 per milliliter if fluid, or per gram if semi-solid or solid, at the time of delivery to the consumer.

(c) Every trade product, except those which are acidified, having a fat or oil content in excess of 10 percent, shall have a Standard Plate Count of not more than 30,000 per milliliter if fluid, or per gram if semi-solid or solid, at the time of delivery to the consumer.

(d) Every trade product, including those which are acidified, regardless of whether the acidity is increased by bacterial culturing or by the addition of a food grade acid, shall have a coliform count of not more than 10 per milliliter if fluid, or per gram if semi-solid or solid, at any time the product is within the control of the processor.

(e) Every trade product which is sold in the frozen state shall have a Standard Plate Count of not more than 75,000 per gram at the time of delivery to the consumer.

(f) Procedures for the collection of samples provided for pursuant to section 32731 and analytical procedures shall be in substantial compliance with Standard Methods for the Examination of Dairy Products of the American Public Health Association and the Official Methods of Analyses of the Association of Official Analytical Chemists.

§470. Labeling--Location.

Once on each container of products resembling milk products, all required information shall appear conspicuously on a panel without obscuring designs, vignettes or information which is not required. The location of the required information panel shall be in the case of:

(a) Gable top rectangular cartons--the vertical front panel below the pour spout

(b) Flat top rectangular cartons--any one vertical side panel

(d) Cylindrical or nearly cylindrical cartons (straight side walls or nested) and cups--the lid or side wall

(e) Tetrahedral containers--any two sides

(f) Plastic containers--any single placement as noted above or combination with (c)

§471. Labeling--Required Information. [Repealed]

History

HISTORY

1. Amendment of subsection (d) filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

2. Repealer filed 8-22-78; effective thirtieth day thereafter (Register 78, No. 34).

§472. Out-of-State Nondairy Products.

A nondairy product may be transported into and sold in California provided such product complies with standards of healthfulness and purity specified in section 469 above and registration of the product in accordance with the requirements of sections 38941-38946 of the Food and Agricultural Code.

§473. Sale Outside of California.

A product resembling a milk product may be processed in California for sale outside of California, even though it may not meet all California requirements, provided the following conditions are complied with:

(a) The product is registered in accordance with sections 38941-38946 of the Food and Agricultural Code. The registration shall state the intent for sale outside of California and the reason why the product fails to meet the requirements of section 38901 et seq. of the Food and Agricultural Code.

(b) Products manufactured for sale outside of California shall be kept physically segregated from products manufactured for sale in California. If individual containers are packaged in cartons, the carton shall be identified on the top or side with the statement in letters not less than one-half inch in height “FOR SALE OUTSIDE OF CALIFORNIA.”

If individual containers are transported in single service or multi-use open cases, each individual container shall be identified in a manner acceptable to the director.

§474. Serving as Beverages.

Products resembling milk products which are to be served as beverages shall meet the requirements for market milk as provided for in sections 34591-34628 of the Food and Agricultural Code.

§475. Bottling and Packaging.

Products resembling milk products when sold as beverages shall be bottled or packaged at the plant where pasteurized.

§476. Origin of Market Milk Constituents.

“Market Milk,” as used in section 38925 of the Food and Agricultural Code, means the product defined in section 32510 of the Food and Agricultural Code provided, however, when law or ordinance of another state or market milk jurisdiction within a state is substantially equivalent to the legal requirements for production, processing and enforcement relating to market milk in California, the products from such state or jurisdiction within a state may be accepted as market milk for purposes of section 38925.

Any processor of products resembling milk products wishing to establish such substantial equivalence may petition the director for and provide the necessary expenses of an investigation.

If the laws or ordinances and their application in the other states are found to provide market milk and market milk products substantially equivalent to those in California, such products may be used in the manufacture of products resembling milk products under the following conditions:

(a) The market milk or market milk products are certified by the responsible inspection agency in the state of origin as being market milk or of market milk origin within their own laws or ordinances.

(b) The producer, processor, and inspection rating of the market milk or market milk products are listed in the current Interstate Milk Shippers List as published by the United States Public Health Service.

(c) The market milk or market milk products shall meet all the standards of composition and purity required for market milk and market milk products in California.

Article 10. Sterilization and Handling Practices

§479. Sterilization and Handling Practices. Definition. [Repealed]

History

HISTORY

1. Repealer filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§480. Sterilization Process.

History

The following chemical sterilization processes are hereby established in reference to Sections 33519 and 33763 of the Food and Agricultural Code:

(a) Only the following methods of application are acceptable:

(1) Flowing of a continuous unbroken film of the sterilizing solution in contact with all surfaces to be sterilized for a period of at least two consecutive minutes.

(2) Completely immersing the entire piece or pieces of equipment into the sterilizing solution for a period of at least two consecutive minutes.

(3) Fogging, spraying or swabbing a sterilizing solution in such a manner that all surfaces to be sterilized are exposed to an unbroken film of the sterilizing solution for a period of at least five consecutive minutes.

(4) Applying a paste of the sterilizing agent in a manner which completely covers the equipment surface to be sterilized for at least five consecutive minutes before being rinsed.

(5) Any other method of application must be approved by the director.

(b) In addition to heat sterilization as provided for by Sections 33519 and 33763 of the Food and Agricultural Code, the following brands or classes of sterilizing compounds have been approved for use on dairy farms, milk products plants, and imitation milk products plants.

(1) Chlorine compounds.

(2) Quaternary ammonium compounds.

(3) Iodine compounds.

(4) Caustic solutions (sodium hydroxide).

(c) Chlorine solutions when used by the flowing or immersion method must always have a strength in excess of 50 p.p.m. (parts per million) of active or available chlorine. When used as a fogging or paste method of application the concentration of active or available chlorine in the sterilizing solution must exceed 250 p.p.m. (parts per million).

(d) Quaternary ammonium compounds when used by the flowing or immersion method must always have a concentration i excess of 200 p.p.m. (parts per million). If used as a fogging spray, the concentration must always be in excess of 500 p.p.m. (parts per million).

(e) Iodine compounds when used by the flowing or immersion method must always have a concentration of active ingredient in excess of 12.5 p.p.m. (parts per million). If used as a fogging method, the concentration of the active ingredient must always be in excess of 25 p.p.m. (parts per million). Iodine compounds used as a combination detergent sterilizer must have the concentration of the active sterilizing ingredient doubled over the amount when used as a sterilizing agent.

(f) In a soaker type bottle washer or any other apparatus where sterilization depends upon the causticity of the washing solution, the caustic strength for a given soaking time and temperature must be in conformance with the following table:

Milking machine rubber parts may be sterilized by filling with or completely immersing in a 0.5 percent caustic (lye) solution and so kept between milkings. Before the rubber parts are used the lye solution must be drained and the rubber parts rinsed.

(g) All equipment to be treated with solutions of any sterilizing agent must first be thoroughly cleaned and rinsed before sterilizing except when such sterilizing agent is used in combination with a detergent as a detergent sterilizer. After sterilizing with a detergent sterilizer, the equipment must be allowed to drain and be rinsed with water, treated by heat or a chemical sterilizing agent to assure freedom from viable pathogenic or otherwise harmful microorganisms before use.

(h) All solutions, except lye, used for the sterilization of equipment must be freshly prepared and used immediately after preparation.

(i) The bacterial standards for sterility for all equipment are those specified in the current edition of “Standard Methods for the Examination of Dairy Products.”

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

3. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§480.5. Pipeline Milking Machine Installations.

Note • History

All pipeline milking machine installations must comply with the following conditions and must have a satisfactory circulating system for washing and sterilizing which has been approved by the director; or such system must be disassembled, washed and sterilized after each time used, except that deviations from the minimum requirements and specifications may be made after approval in writing by the director:

(a) All equipment having any surface in contact with the milk and all solution lines, wash tanks, fittings, vacuum lines from air separator to moisture trap shall be constructed of stainless steel, nickel alloy, heat-resistant glass or equally corrosion-resistant material that is nontoxic and nonabsorbent.

(b) All milk contact surfaces, whether a ground or bright annealed finish, shall be finished to an equivalent of not less than 120-grit finish, properly applied, and shall be free from pits, cracks, and crevices.

(d) Sanitary milk pipes which are not washed in place shall be no longer than the washing and sterilizing facilities will accommodate.

(e) The entire milk line shall be installed so as to have a positive slope and be completely drained. It must be supported by permanent hangers or other means to prevent sagging and to maintain alignment.

(f) The vacuum line from the air separator to the moisture trap must have at least one-half inch downward slope in the first foot.

(g) The vacuum line from the air separator shall not extend in a vertical position above the separator more than six inches including the elbow.

(h) The entire milk pipeline and solution pipeline must be of the same inside diameter when a pressure circulating system of clean-up is used.

When a vacuum system of circulation is used, the inside diameter of the pipelines and appurtenances may vary in size if sufficient turbulence is created during circulation of the solutions to contact and clean and sanitize all surfaces. Injection of pulses of air is one method of increasing turbulence.

(i) Solution lines must be disconnected from milk pipelines during milking unless (1) the solution or wash line is disconnected from any solution or wash tank for the entire milking, and (2) all solution or wash lines are drained before milking begins.

Vacuum lines may be connected to milk pipelines only when areas not properly cleaned and sanitized are effectively isolated from milk contact areas.

Water lines must be disconnected from milk lines during milking.

(j) All milk pumps and attachments shall be protected from possible contamination. If legs are used, they shall be smooth with rounded ends and no exposed threads. Legs made of hollow stock shall be sealed. On pumps with legs designed to be fixed to the floor, the minimum clearance between the lowest part of the base and the floor shall be four inches. Readily portable pumps not permanently attached may have leg heights of two inches. (Readily portable pumps are defined as those having a base area of not more than one square foot, or, in the case of motor-mounted pumps, an area encompassed by the legs that does not exceed one square foot.) Bases when used shall be constructed without ribs or flanges and shall have a smooth top and bottom surface. Pumps which because of their size and type cannot be mounted on legs, shall be mounted on a base designed for grouting and sealing. All milk pumps and attachments must be a sufficient distance from walls to permit proper cleaning.

(k) (Section 33481 Food and Agricultural Code.) When a dump tank is used in the milking barn, it must be located in accordance with Section 481.5 of the Administrative Code and must be kept covered except when milk is being poured. Milk on test days and strippings shall enter the milk pipeline through the dump tank. If dump tank is located next to the barn wall between milkhouse and barn, the barn wall must be at least six feet high.

(l) The Cleaned-in-Place (CIP) wash tank shall be located in the milkhouse; any other location must be approved by the director.

(m) A thermometer must be installed on the discharge end of the circulating system and the washing solution temperature during circulation cleaning maintained at 115oF. or above.

(n) Milk tanks, dump tanks, releasers, when located in passageway shall be constructed so as to protect milk from flies, dust and contamination.

(o) Ends of milk lines, stall cocks and other pipeline openings subject to contamination shall be capped or otherwise protected.

(p) Sight glasses shall not be permitted on milk pipelines when such milk pipelines are cleaned by circulation.

(q) The circulating pump shall be of a size sufficient to fill the pipelines and cause enough turbulence to insure adequate cleaning and shall deliver not less than 25 gallons of solution per minute at discharge end of 1 1/2-inch lines and corresponding volumes for other size pipes when pressure system of circulation is used.

(r) Air line from moisture trap to milk releaser or air separator shall be washed and sterilized after each time used.

(s) The outside of milk pipelines and equipment shall be kept clean.

(t) Vacuum pumps, motors, or any machinery that may emit oil, fumes, grease, odors, or any objectionable material shall not be located over or near milk equipment.

(u) Milk pipelines connected by the so-called slip joint method, with or without an “O” ring gasket must be disassembled for cleaning after each use.

(v) Gaskets, when used, must be made of a low-absorbent material which is smooth and nontoxic. Paper and fiberlike gaskets are not acceptable. Gaskets must be self-positioning and of such design to form a substantially flush interior joint.

(w) Openings for inspection must be provided on welded metal pipeline installations in order to provide access to determine the cleaning efficiency of Cleaned-in-Place systems.

(x) Milk pumps, pipelines, and air separators which are a part of an enclosed pipeline system may be installed in the passageway or an area approved by the Director, in the milking barn, provided, that all of the equipment is protected from contamination at all times. Plate type or internal tubular coolers may be installed in the milkhouse or passageway.

(y) Milking machine claws and milker units may be cleaned in place in the milking barn, provided, they are effectively cleaned, sanitized, and drained by the CIP system, and subsequently protected from dust, flies, contact with animals, or other contamination until the next milking is begun.

Whenever units are dismantled for hand cleaning, such cleaning shall be done in the milkhouse.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 33519-33522, Food and Agricultural Code.

HISTORY

1. New section filed 11-1-51; effective thirtieth day thereafter (Register 26, No. 3).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

3. Amendment filed 2-24-59; effective thirtieth day thereafter (Register 59, No. 4).

4. Amendment filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

5. Amendment of subsection (k) filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§480.5-1. In-Place Cleaning in Plants.

History

Unless a satisfactory circulating system for washing and sterilization for milk product plant pipeline in-place cleaning is provided, all lines and equipment must be disassembled for washing after each time used. Any circulating system must comply with the following, unless otherwise approved by the director.

(a) All cleaned-in-place pipelines in milk products plants must comply with the subsections (a), (b), (c), (e), (j), (m), (s), (u), (v), and (w) of Section 480.5 of the Administrative Code.

(b) To prevent adulteration and contamination, solution lines and water lines must be disconnected from the milk or milk product lines during the processing periods. Equipment not being cleaned in place must be disconnected from the system during the time CIP (cleaned-in-place) is operating.

(c) Each milk products plant using the CIP method must have in its possession a plan of the system identifying the sanitary piping and equipment to be cleaned, or shall identify all lines cleaned in place in a manner that will distinguish them from lines which are to be disassembled for cleaning.

(d) Each cleaned-in-place (CIP) system must be equipped with a control to maintain the wash solution at an effective temperature.

(e) The circulating pump must be of a size to insure proper cleaning and provide a velocity of at least five feet per second.

(f) Surface coming in contact with milk or milk products must be of corrosion-resistant material, smooth, free from open seams, cracks, and crevices.

(g) All caps, plugs, valve seats, tee ends, cross ends, special fittings, and the like must be removed and cleaned, each time the CIP system is operated.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§480.6. Suitable Milk House.

History

A “suitable milk house or room” as used in Section 33518 of the Food and Agricultural Code is construed to be one which is sound, readily cleanable, of sanitary construction, provided with adequate working space and so constructed as to provide sufficient light and ventilation. Floors must be of impervious material and have a positive drainage of at least one-fourth inch per foot, to carry liquids to a point at least 100 feet from the milk house or room. Junctions of floor and walls must be coved. No equipment shall be so located as to interfere with cleaning under, over, or around the equipment. Boilers or heaters which emit smoke, soot, oil or odors must not be installed in the milk house or room.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§480.7. Dairy Farm Tank Installations.

Note • History

Where milk is held at the dairy in farm tanks or transferred to tankers for delivery, the following conditions must be complied with:

(a) A plan or diagram with dimensions for each installation must be submitted to the inspection service or inspector in advance and be approved before the installation is made.

(b) Farm tanks must be installed at least two feet, measured from any piece of equipment or accessory that may protrude from the tank, from the walls of the milk room on all sides. When a surface cooler is used, the distance between the tank wall and the building wall must be at least three feet six inches on the side where cooler is installed. When the pump for transferring milk from the farm tank is installed or located in the milk room, the distance between the tank wall and the wall of the building must be at least three feet at the outlet end.

These distances may be modified only by written permission of the director. A clearance of at least six inches must be provided between the bottom of the farm tank or pipe under the farm tank and the floor. The farm tank must not be located over a floor drain.

(d) A sanitary stainless steel pipeline or rubber or plastic hose must be used for conveying milk from the farm tank. Any line or hose used must be in lengths which can be readily cleaned and sterilized by approved methods. Hoses must be capped and contained in a dustproof compartment on the truck or trailer while in transit. Sanitary caps must be used for tank outlets.

(e) Sanitary milk pumps provided by the dairy must be protected at all times.

(f) The loading area or ramp must be kept in a sanitary condition and be graded, or graded and paved to provide good drainage.

(g) The farm tank must be constructed of acceptable materials and in such a manner that it may be cleaned, sanitized, and drained. The measuring device must be made of stainless steel or other acceptable material.

(h) When used as a farm storage tank, all openings to the truck tank must be protected with dustproof covers. For loading and unloading, tight, protected connections must be made. All valves and fittings of farm tanks and truck tanks must be easily disassembled for cleaning.

(i) Sufficient light, properly located, must be available to assure proper cleaning of the interior and exterior of farm tanks.

(j) Transfer of milk from the farm tank must be made only through conductor pipe openings in the milk house wall or stationary door; such openings must be provided with closures.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 33519-33522, Food and Agricultural Code.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

3. Amendment of subsections (e) and (g)-(i), repealer of subsections (j) and (l), subsection relettering, amendment of newly designated subsection (j) and new Note filed 4-2-2002; operative 4-2-2002 (Register 2002, No. 14).

§480.8. Sanitary Milk Pumps.

History

Sanitary milk pumps at milk products plants for unloading or loading tankers may be installed outside of plant, provided: the tank truck for loading or unloading is on a concrete platform that is curbed, if necessary, and sloped to a drain; that this area be provided with overhead protection; that the pump be installed at least one foot above surrounding area; that all openings to pump be protected when not in use; and that provisions be made for washing and sterilizing of the pump and appurtenances.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§480.9. Inspection and Permitting of Bulk Milk Tankers.

Note • History

The following requirements for inspection and permitting of bulk milk tankers shall be met. The term “milk tanker” as used in Section 33227 of the Food and Agricultural Code is construed to mean a vehicle, including the tank and appurtenances necessary for its use, or an intermodal portable tank, used to transport bulk raw market milk from a dairy farm; bulk market milk or milk products from a milk plant, receiving station or transfer station to a milk plant, receiving station or transfer station.

(a) Permitting. Any person desiring to obtain a bulk milk tanker permit as required by Section 33227 of the Food and Agricultural Code shall apply in writing to the Department. The permit shall be issued for each milk tanker that has been inspected by a representative of the Department and found to be in compliance with the requirements set forth in (d) below.

(1) The “Application for a Bulk Milk Tanker Permit” (Appendix A, Form 72-273) shall be available to interested parties from the Milk and Dairy Food Safety Branch at 1220 N Street, Sacramento, CA 95814.

(2) After receipt of the above application by the Secretary, applicants will be contacted to schedule an inspection of the milk tanker.

(3) A fee will be charged for the milk tanker inspection. The fee shall be billed to the operator (lessee or owner), of the milk tanker after the inspection is completed based on the actual cost of the inspection.

(4) The permit shall be dated, signed and affixed to the milk tanker by a representative of the Department.

(5) The permit is valid for 1 year from the date of issue and may be renewed upon payment of an annual inspection fee, and re-inspection of the milk tanker by a representative of the Department finding it to meet requirements set forth in (d) below.

(b) Reciprocity. The Department will recognize permits issued by other state regulatory agencies pursuant to reciprocal agreements of the National Conference on Interstate Milk Shipments.

(c) Inspection. Each milk tanker shall be inspected annually. Representatives of the Department shall use FDA Form 2399B, 1999 revision, (2399B) to conduct inspections of milk tankers based on the standards set forth in (d) below. A copy of a current 2399B, or an affixed label near the outlet valve identifying the regulatory authority with the month and year of inspection, shall accompany the tanker at all times.

(1) The milk tanker inspection shall be conducted in a suitable location, i.e., dairy plant, milk receiving or transfer station, milk tanker cleaning facility or tanker yard. When construction or repair defects are observed that require entry of confined spaces as defined by the Occupational Health and Safety Administration standards the milk tanker shall be removed from service until proper confined entry safety requirements can be satisfied to determine repairs needed; and if repairs are needed, they are completed. Repairs shall be verified by a representative of the Department prior to returning the milk tanker to service.

(2) When defects or violations are noted, a copy of the 2399B shall be carried on the milk tanker until corrections are made. If the noted defect or violation could contaminate or otherwise affect the safety of the product a representative of the Department may require that corrections are completed and verified by a representative of the Department prior to returning the milk tanker to service.

(d) Milk Tanker Standards. The milk tanker inspection criteria are listed below:

(1) Samples and Sampling Equipment.

(A) Sample containers shall be stored to preclude contamination.

(B) Sample box shall be in good repair and kept clean.

(D) Sample transfer instrument container shall be provided and adequate means for maintaining sanitizer solutions shall be on hand.

(E) Samples are properly stored to preclude contamination.

(F) Sample storage compartment shall be clean.

(G) Samples are maintained at an acceptable temperature (32oF to 40oF) and a temperature control sample shall be provided.

(H) A thermometer accurate within 1oC (2oF) shall be available for use by the sampler. The accuracy of the thermometer shall be checked each six months against a thermometer traceable to a National Institute of Standards and Testing certified thermometer. The date of the check and the correction factor shall be recorded on a tag attached to its carrying case.

(2) Product Temperature 45oF or Less.

(A) Product temperature shall meet requirements of Section 35782 of the Food and Agricultural Code.

(B) Product exceeding 45oF that remains in external transfer systems shall be discarded.

(3) Equipment Construction, Sanitizing and Repair.

(A) Construction and repair requirements.

1. The milk tanker interior and all appurtenances, including hoses, pumps, piping, fittings and connections which are exposed to milk or milk products or from which liquids may drip, drain or be drawn into milk or milk products, shall consist of material which is approved for food contact surfaces and meets requirements of Section 33520 of the Food and Agricultural Code.

2. Where flexibility is required, the fluid transfer system shall be free draining and so supported to maintain uniform slope and alignment. It shall be easily disassembled and accessible for inspection.

3. Cabinet(s) of the milk tanker used for storage of appurtenances and sampling equipment shall be clean, dustproof and in good repair.

4. All openings to the milk tanker must be protected with dustproof covers. For loading and unloading, tight, protected connections must be made. All valves and fittings of milk tankers must be easily disassembled for cleaning.

(B) Cleaning and Sanitizing Requirements.

1. The milk tanker and its appurtenances shall have an effective cleaning and sanitizing regimen meeting requirements of Section 33519 of the Food and Agricultural Code.

2. The milk tanker shall be cleaned and sanitized prior to first use. When time elapsed after cleaning and sanitizing before first use exceeds 72 hours, the tank must be resanitized.

3. The milk tanker and its pumps, hoses and fittings must be cleaned and sanitized after each load is hauled, whenever the following load is to go to a different plant. A farm pickup milk tanker may make several trips to the same plant before complete washing and sanitizing, provided satisfactory results are obtained and the inspection service involved has approved the system. If milk products other than market milk or market milk products are transported, there must be a complete cleaning and sanitizing of the milk tanker before it is used for transporting market milk or market milk products.

(4) Exterior Condition of Tank. The exterior of the milk tanker shall be constructed to protect the products contained therein from contamination and be in good repair. Defects and damage that could contaminate or adversely affect products contained in the milk tanker shall be noted during the inspection and corrected. Cleanliness of the milk tanker exterior shall be adequate to protect the contents from contamination. The weather and environmental conditions shall be considered in determining compliance with these requirements.

(5) Wash and Sanitize Record.

(A) The licensed sampler and weigher shall be responsible for assuring that the milk tanker has been properly cleaned and sanitized. A milk tanker without a cleaning and sanitizing tag shall not be loaded or unloaded until verification of cleaning and sanitizing is obtained.

(B) Each tank on the milk tanker after being washed and sanitized must be identified by a tag attached to the outlet valve, bearing the following information: plant and specific location where cleaned, date and time of day of washing and name of person who washed and sanitized the tank. This tag must not be removed until the milk tanker, after being used for reception of milk or milk products is again washed and sanitized and shall include identification of the milk tanker. When a milk tanker is washed, the previous cleaning and sanitizing tag shall be removed and stored at the location where the milk tanker was washed for a period of no less than 15 days.

(C) The licensed sampler and weigher or the milk tanker operator (lessee or owner) shall be responsible for assuring that all information on the cleaning and sanitizing tag is noted by the person conducting the cleaning and sanitization of the tanker.

(6) Location of last cleaning. The location of the last cleaning shall be verified by the regulatory agency during the milk tanker inspection and noted on the 2399B.

(7) Labeling. The licensed sampler and weigher shall be responsible for assuring that all shipping invoices, bills of lading or weight tickets contain the information listed below. A milk tanker transporting raw, heat-treated or pasteurized milk and milk products to a milk plant from another milk plant, receiving or transfer station is required to be marked with the name and address of the milk plant or hauler and the milk tanker shall be under a proper seal. Shipping documents shall contain the following information:

(A) Shipper's name, address and permit number. Each tanker load of milk shall include the IMS Bulk Tank Unit (BTU) identification number(s) or the IMS listed Plant Number (for farm groups listed with a plant) on the weight ticket or manifest.

(B) License number of the Sampler & Weigher, if not an employee of the shipper.

(D) Tanker identification number.

(E) Name of product.

(F) Weight of product.

(G) Temperature of product when loaded.

(H) Date of shipment.

(I) Name of supervising regulatory agency at the point of origin of shipment.

(J) Whether the contents are raw, pasteurized, or in the case of cream, lowfat or skim milk, whether it has been heat treated.

(K) Seal number on inlet, outlet, wash connections and vents, where applicable.

(L) Grade of product.

(8) Vehicle and Milk Tankers Properly Identified. The milk tanker operator (lessee or owner) shall insure the legible identification of the milk tanker in their possession.

(9) Previous Inspection Report Available. When a milk tanker transports milk and milk products from one regulatory jurisdiction to another it is not necessary to inspect each milk tanker upon each arrival. Tank truck owners and operators shall carry proof of annual inspection from a state dairy regulatory agency. A milk tanker may be inspected at any time at the discretion of the Department.

(10) Transportation of Samples. When any individual transports samples for official laboratory analysis, that individual shall carry a valid Samplers and Weighers license; or, alternatively, a sample case sealed in a manner acceptable to the Department may be accepted.

NOTE

Authority cited: Sections 401, 407, 32920.5 and 33227, Food and Agricultural Code. Reference: Sections 32920.5, 33227, 33519 and 33520, Food and Agricultural Code.

HISTORY

1. New section and new appendix A filed 10-25-2001 as an emergency; operative 10-25-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-22-2002 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 10-25-2001 order, including amendment of section, transmitted to OAL 2-15-2002 and filed 4-2-2002 (Register 2002, No. 14).

3. Change without regulatory effect amending subsection (a)(1) and Appendix A filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

Appendix A

§480.75. Recording Thermometers on Farm Tanks.

Note • History

The installation and operation of recording thermometer devices provided for in Section 35783.1, California Food and Agricultural Code, shall be the responsibility of the holder of the market milk dairy permit.

(a) Location.

(1) A recording thermometer device may not be installed on or attached to a farm tank. It may be suspended on metal brackets from the ceiling, firmly attached to the inside wall of the milk room, firmly attached to the wall on the passageway side of the milk house, or at any location acceptable to the Bureau of Dairy Service.

(2) The sensor bulb or device shall be so located as to record the temperature of the milk in the tank before the milk reaches 10 percent of the tank volume. Any capillary system containing any toxic gas or liquid shall not be used in a bare-bulb censoring device.

(b) Standards for Recording Thermometers.

(1) The recorder chart, if circular, may make one revolution in 24 hours, 48 hours, or 72 hours, with the recommendation that the chart rotation time coincide with the maximum storage period of the milk in the farm tank. If a strip chart is used, it shall move not less than one inch an hour and may be continuous to a maximum of one calendar month.

(2) The recorder clock may be manually wound or electrically operated. The recorder pen must reflect the actual time.

(3) The circular recorder chart shall have a minimum diameter of 10 inches if the minimum temperature is recorded near the circumference of the chart. The chart shall have a minimum diameter of 12 inches when the minimum temperature is recorded near the center of the chart. The circular recorder chart may be 8 inches in diameter if the recorder is equipped with an accurate dual-movement mechanism of the writing stylus and the minimum temperature is recorded near the circumference of the chart. If a strip chart is used, the minimum temperature may be at the top or the bottom of the chart and the width shall be such as to meet the requirements of (b)(5) of this section.

(4) The case of the recording device shall be moisture proof under operating conditions. The design of the rotating chart support shall meet the requirements of Administrative Code Section 583(h).

(5) The recorder must be capable of recording from 30 to 160oF. or above with one degree or less lines of demarcation between 30 and 60oF. with an accuracy of plus or minus one degree in the 30 to 60oF. range.

(6) If at any time the recording device becomes inoperable, the inspection service and the buyer shall be notified immediately by the dairyman. Repair or replacement of the device shall be made immediately.

(1) The control of the recording device shall be sealed by a representative of an Approved or Established Inspection Service.

(2) The dairyman shall maintain an adequate supply of recording charts. The charts shall be those recommended for the specific instrument which is installed.

(3) The licensed Weigher and Sampler, in making a milk pick up, shall remove the chart from the recorder, mark the date and time of the pick up and sign the chart. He shall date and install a new chart on the recording device. He shall file the used charts under protected conditions provided for by the dairyman, unless they are taken to the buyer's premises for his review. If the charts are taken from the dairy, they shall be returned to the dairy within ten days from the date they were taken.

When all the milk goes to the same buyer and all lots of milk meet the temperature requirements, the temperature recording charts may be used for more than one pickup, provided that all of the pickups occur within the maximum time interval of the chart. When the chart is used for more than one pickup, the licensed Weigher and Sampler shall identify each lot of milk with the date, time of pickup, and signature.

A non-profit cooperative as defined in Food and Agricultural Code Section 61331 which maintains a processing plant, receiving station, or regular place of business may, subject to the approval of its members, file the recording thermometer charts at its place of business, provided that a copy of any chart indicating a failure to meet temperature standards is filed with the inspection agency in whose jurisdiction the dairy is located.

(4) Before removing market milk from the farm tank, the licensed Weigher and Sampler shall check the recorder chart, and if he finds temperature variations which would preclude acceptance of the product as market milk, he shall immediately notify his superior and the dairyman.

(5) If the milk is subsequently picked up as manufacturing milk, the licensed Weigher and Sampler shall sign the chart noting the date, time of receipt, and stick reading.

(6) Recorder charts shall be held at the producer dairy except as otherwise provided for 60 days and shall be available to the dairy inspector.

(7) The agitator in the farm tank shall be in operation a sufficient time during the second and subsequent milkings to preclude temperature stratification.

(8) Recording thermometers purchased prior to November 23, 1970 for installation on farm tanks or installed prior to November 23, 1970 may be accepted by the Director on an individual basis.

(9) If the vat pasteurizer is used in lieu of a storage tank on a producer/distributor dairy, the recording thermometer of the vat pasteurizer may be used in lieu of the recording thermometer which meets the requirements of Section 480.75(b).

(10) When the temperature recording device shows the temperature of the milk to be a fractional degree greater than 50oF. but less than 51oF., the milk shall be deemed to meet the 50oF. requirement.

NOTE

Authority cited: Sections 407, 35783 and 35783.1, Food and Agricultural Code.

HISTORY

1. New section filed 4-14-71; effective thirtieth day thereafter (Register 71, No. 16).

2. Amendment of subsection (c)3 and new subsection (c)(10) filed 4-27-73; effective thirtieth day thereafter (Register 73, No. 17).

3. Amendment of subsection (b)(3) filed 12-19-77; effective thirtieth day thereafter (Register 77, No. 52).

§480.76. Emergencies and Equipment Failures on Market Milk Farm Tanks.

History

(a) When it is obvious that an emergency exists which could conceivably reflect significant temperature variations of the market milk in the farm tank, the producer should immediately notify the buyer and have the milk removed from the farm tank. Acceptance of subsequent milkings shall be based on the ability of the dairyman to meet the requirements of Section 35783 of the Food and Agricultural Code.

(b) When a lot of milk fails to meet the 50oF. standard, the lot of milk may not be classified as market milk. Each lot shall be dealt with on an individual basis. If two of the last four lots fail to meet the 50oF. requirement, the dairyman shall be put on notice by the milk inspection agency. If three of the last five lots of milk fail to meet the temperature standard, the dairy shall be degraded by the inspection agency to manufacturing status, and shall not be reinstated until two consecutive lots of milk meet the cooling standard.

HISTORY

1. New section filed 4-14-71; effective thirtieth day thereafter (Register 71, No. 16).

2. Amendment filed 4-27-73; effective thirtieth day thereafter (Register 73, No. 17).

§481. Milk Cans in Barns.

History

The practice of emptying and holding milk cans in barns, corrals, etc., where milking is done is construed to be a violation of Section 33518 of the Food and Agricultural Code, wherein it is required that milk must not be canned or kept in a place occupied by cows or other animals. The practice of pouring milk from a milking machine pail into a stripping pail or other properly protected container from which the milk is removed to the milk house immediately shall not be deemed a violation of this provision. No milk buckets or pails shall be placed on the barn floor, except when in actual use; and any such buckets or pails shall at all times be covered or protected from contamination. Unless protected by other means, teat cups shall be kept off the floor high enough to prevent contamination.

HISTORY

1. Amendment filed 12-28-49, designated to be effective 2-1-50 (Register 18, No. 9).

2. Amendment filed 11-1-51; effective thirtieth day thereafter (Register 26, No. 3).

3. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§481.5. Practices to Be Observed When Pouring Milk in Tank.

History

(a) Sanitary milk pipes shall be no longer than the washing and sterilizing facilities will accommodate. When the pipeline is washed and sterilized in an assembled position, the line must be capable of being disassembled for inspection. When milk pumps are used, the riser pipe shall be of sufficient height to permit the efficient and speedy gravity flow of milk to the milk house. Means must be provided for keeping sanitary milk pipes and fittings off the floor while being assembled.

(b) The milk dump tank must be provided with a splashproof, self-closing cover which is operated by means of a metal foot pedal assembly or by other means approved by the director.

(d) Metal shields must be provided for protection against splash.

(e) The top of the dump tank must be at least 30 inches above the cows' standing platform, except in a tandem type barn where the minimum height must be at least 30 inches from the milker's standing platform.

(f) In tandem type barns, the dump tank must be located at least three feet from the cows' standing platform when metal splash shields are provided or at least six feet from the cows' standing platform if metal splash shields are not provided. In all other types of barns, the distance from the dump tank to the cows' standing platform must be at least four feet five inches.

HISTORY

1. New section filed 12-28-49, designated to be effective 2-1-50 (Register 18, No. 9).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§482. Dairy Farm Score Card.

Note • History

In accordance with the requirements of Section 32791 of the Food and Agricultural Code, the following form is adopted as the official Dairy Farm Score Card in the State of California:

DAIRY FARM SCORE CARD

STATE OF CALIFORNIA,

DEPARTMENT OF FOOD AND AGRICULTURE

DIVISION OF ANIMAL INDUSTRY, BUREAU OF MILK AND DAIRY FOODS CONTROL

SACRAMENTO, CALIFORNIA 95814

NOTE

Authority cited: Sections 407 and 32791, Food and Agricultural Code. Reference: Sections 32506, 32791, 35861 and 35891, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Repealer and new section filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2).

3. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

§483. Producer-Distributor Score Card. [Repealed]

History

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 1-7-77; effective thirtieth day thereafter (Register 77, No. 2).

Article 11. Milk Products Plant Score Card

§488. Milk Products Plant Score Card.

Note • History

In accordance with the requirements of Section 32791 of the Food and Agricultural Code, the following form is adopted as the official score card for milk products plants in the State of California:

MILK PRODUCTS PLANT SCORE CARD

STATE OF CALIFORNIA, DEPARTMENT OF FOOD

AND AGRICULTURE

DIVISION OF ANIMAL INDUSTRY--BUREAU OF MILK AND DAIRY FOODS CONTROL

SACRAMENTO 95814

The word “code” refers to the Food and Agricultural Code, with the exception of Items 21A and 21B, where the word “Code” refers to 3 California Administrative Code Section 585.

NOTE

Authority cited: Sections 407 and 32791, Food and Agricultural Code. Reference: Section 32701, Food and Agricultural Code.

HISTORY

1. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Amendment filed 5-7-85; effective thirtieth day thereafter (Register 85, No. 19).

Article 12. Identification of Containers

§493. Identification of Containers.

Containers while in use for the purpose of delivering or receiving milk or cream at a milk products plant shall be properly identified with the patron's name or number in a manner that will not erase. Said name or number shall correspond with the name or number of the patron appearing on the records of the plant.

Article 13. Personal Examinations and Licenses

§498. Pasteurizer's Examination and License.

Note • History

(a) Any person desiring to obtain a pasteurizer's license as required by Section 35168 of the Food and Agricultural Code shall comply with all of the following requirements:

(1) File an application with the Department on the Pasteurizer's License Application, Form No. 72-255 (Rev. 08/11), which is incorporated by reference, accompanied by the applicable fee for the license pursuant to Food and Agricultural Code section 35231. The fee is non-refundable and covers Departmental costs of administering the examination.

(2) Obtain a grade of at least 80 percent on a written examination, and obtain a grade of at least 80 percent on an oral and practical examination to demonstrate the ability of the applicant to properly pasteurize milk or its products.

(b) Each licensed pasteurizer shall keep their current license displayed at all times at the facility where they are employed.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 35161, 35162, 35163, 35164, 35166, 35167, 35168, 35170, 35171 and 35231, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

2. Amendment of article heading, section heading and section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

3. Change without regulatory effect amending subsection (a)(1) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

§499. Tester's Examination and License.

Note • History

(a) Any person desiring to obtain a tester's license as required by section 35161 of the Food and Agricultural Code shall comply with all of the following requirements:

(1) File an application with the Department on the Tester's License Application, Form No. 72-202 (Rev. 08/11), which is incorporated by reference, accompanied by the applicable fee for the license pursuant to Food and Agricultural Code section 35231. The fee is non-refundable and covers Departmental costs of administering the examination. Each applicant shall specify the milk and cream testing method to be used and for which the license is desired.

(b) The license, if issued, shall specify the method to be used by the licensee (i.e. Babcock, Mojonnier, InfraRed, Direct Forced Air Oven Drying, etc.) and shall not be construed to permit tests to be made by the applicant using any other method than that specified in the license. Testers may be licensed to perform each of the official final action methods of analysis listed in section 32921 of the Food and Agricultural Code and/or approved testing methods of comparable accuracy listed in section 511.

(c) A licensed tester shall at all times comply with all laws, rules, and regulations governing the testing of milk or cream purchased, received, or sold on the basis of the compositional components contained therein by any method or process, and must secure accurate results.

(d) Each licensed tester shall keep their current license displayed at the facility where they are employed.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 34261.5, 35161, 35162, 35163, 35164, 35166, 35167, 35168, 35170, 35171 and 35231, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Amendment of section heading, section and Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

3. Change without regulatory effect amending subsection (a)(1) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

§499.5. Butter Grader's Examination and License.

Note • History

(a) Any person desiring to obtain a butter grader's license as required by section 35134 of the Food and Agricultural Code shall comply with all of the following requirements:

(1) File an application with the Department on the Butter Grader's License Application, Form No. 72-276 (Rev. 08/11), which is incorporated by reference, accompanied by the applicable fee for the license pursuant to Food and Agricultural Code section 35231. The fee is non-refundable and covers Departmental costs of administering the examination.

(b) Each licensed butter grader shall keep their current license displayed at all times at the facility where they are employed.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 35134, 35135, 35161, 35162, 35163, 35164, 35166, 35167, 35168, 35171 and 35231, Food and Agricultural Code.

HISTORY

1. New section filed 1-12-62; effective thirtieth day thereafter (Register 62, No. 1).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Repealer and new section filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

4. Change without regulatory effect amending subsection (a)(1) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

§500. Sampler's and Weigher's Examination and License.

Note • History

(a) The Department shall issue a general and limited sampler's and weigher's license. The general license shall apply to persons who collect milk samples for basis for payment under section 35163 of the Food and Agricultural Code. The limited license shall apply to processing plant personnel who only collect samples of bulk raw milk for drug residue testing prior to processing under section 32761.5 of the Food and Agricultural Code.

(b) Any person desiring to obtain a sampler's and weigher's license as required by section 35163 of the Food and Agricultural Code or section 576.1(c) of Title 3 of the California Code of Regulations shall comply with all of the following requirements:

(1) File an application with the Department on the General Sampler's and Weigher's License Application, Form No. 72-246 (Rev. 08/11) or the Limited Sampler's and Weigher's License Application, Form No. 72-246a (Est. 08/11), which are incorporated by reference, accompanied by the applicable fee for the license pursuant to Food and Agricultural Code section 35231. The fee is non-refundable and covers Departmental costs of administering the examination.

(2) Obtain a grade of at least 80 percent on a written examination specific to the type of license to be issued.

(3) A general sampler's and weigher's license applicant must, in addition to subsections (b)(1) and (2) above, obtain a grade of at least 80 percent on an oral and practical examination to demonstrate the ability of the applicant to correctly collect representative samples, make correct weights on milk and cream and properly and legibly complete a satisfactory weigh sheet. A weigh sheet shall contain all of the following essential information: full date on which the milk and cream was received; name and address of person purchasing, receiving, or selling the product weighed; name or number of the patron; net weight of the milk or cream of the delivery or shipment; and the full name and sampler's and weigher's license number of the person who does the weighing.

(4) A limited sampler's and weigher's license applicant must, in addition to subsections (b)(1) and (2) above, obtain a grade of at least 80 percent on an oral and practical examination to demonstrate the ability of the applicant to correctly collect representative samples from a bulk milk tanker.

(c) Each general licensed sampler and weigher shall keep their current license on their person and available for inspection at all times during their work as a licensee.

(d) Each limited licensed sampler and weigher shall keep their current license displayed at all times at the facility where they are employed.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 35161, 35162, 35163, 35164, 35166, 35167, 35168, 35170, 35171 and 35231, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Amendment of section heading, section and Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

3. Change without regulatory effect amending subsection (b)(1) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

§501. Technician's Examination and License.

Note • History

(a) Any person desiring to secure a license to make bacteriological determinations upon milk or cream which determinations are to be used as a basis for payment or for determining value as required by section 35167 of the Food and Agricultural Code, shall comply with the following requirements:

(1) File an application with the Department on the Technician's License Application, Form No. 72-252 (Rev. 08/11), which is incorporated by reference, accompanied by the applicable fee for the license pursuant to Food and Agricultural Code section 35231. The fee is non-refundable and covers Departmental costs of administering the examination.

(b) Each licensed technician shall keep their current license displayed at all times at the facility where they are employed.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 35161, 35162, 35163, 35164, 35166, 35167, 35168, 35170, 35171 and 35231, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Amendment of section heading, section and Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

3. Change without regulatory effect amending subsection (a)(1) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

§502. Standard Methods for Examination of Dairy Products.

Note • History

The taking of samples and the technique followed in determining the bacterial content of milk or cream, when taken for determining value or upon which basis for payment is made, must be in a manner described in “Standard Methods for the Examination of Dairy Products”, 17th Edition, of the American Public Health Association. Such samples must be representative and must be taken from the container from which the milk is sold, at least once each half month.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 35161, 35162, 35163, 35164, 35166, 35167 and 35168, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Amendment of section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§503. Duplicate Records. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 35161, 35162, 35163, 35164, 35166, 35167 and 35168, Food and Agricultural Code.

HISTORY

1. Repealer of section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§504. Bacteriological Record Sheets.

Note • History

(a) The forms on which bacteria counts are kept shall be of satisfactory paper stock of suitable size, providing space for necessary information.

(b) Each sheet shall be authenticated by the signature of the licensed technician and marked with the date upon which the tests were made. All bacteria test records shall be permanently identified with the name or number of the concern for whom the tests are made. The name and address of the testing laboratory shall appear on the bacteria test record sheet.

(c) The original bacteriological record sheet shall be delivered to the management of the concern for whom the tests are made immediately upon completion of the bacterial examination.

(d) All persons holding a technician's license shall make duplicate records of the result of each test, the original to be made with indelible ink.

(e) The duplicate bacteriological record sheets shall be available at the laboratory in hard copy for no less than 30 days, in addition to any back up copies of the data. After 30 days the records may be archived to any type of removable storage media where they are to be kept for a minimum of two years.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 35161, 35162, 35163, 35164, 35166, 35167 and 35168, Food and Agricultural Code.

HISTORY

1. Amendment of subsection (a) filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Amendment of section heading and section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§505. Changing Records.

Note • History

Whenever a change in the records, while still in the possession of the licensed technician, is necessary, the original entry on the records shall be marked out with a single stroke of the pen without defacing the figure and the correction noted immediately adjacent to the original entry. The change shall be identified by the initials of the technician, which are to be written on the record immediately adjacent to the correction. When necessary changes are made on the original test sheet, such changes shall be made only by the licensed technician.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 35161, 35162, 35163, 35164, 35166, 35167 and 35168, Food and Agricultural Code.

HISTORY

1. Amendment of section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§506. Bacteriological Record Sheets. [Repealed]

History

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Repealer filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§507. Incubation Temperature. [Repealed]

History

HISTORY

1. Amendment filed 10-7-49 (Register 18, No. 2).

2. Repealer filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§508. Butter Grader's License. [Repealed]

History

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Repealer filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

Article 14. Official and Approved Testing Methods and Protocols

§509. Official and Approved Testing Methods.

Note • History

This article shall govern the official final action methods and the other acceptable methods of comparable accuracy when used to determine the components of milk, bulk milk, products of milk, or products resembling milk products, and cream when such component determinations are required as a basis for payment, or to meet a legal compositional requirement of Part 2 (commencing with section 35601) and Part 3 (commencing with section 36601), of Division 15 of the Food and Agriculture Code. The official final action methods and procedures of analyses used by laboratories operated by the Department shall be deemed to be official for all regulatory purposes.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 34231 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

2. Amendment of article heading, section and Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§510. Official Final Action Methods of Analysis.

Note • History

Any testing for milk components that requires one or more of the tests described in section 32921 of the Food and Agricultural Code to be used as an official final action determination, shall, except where variations are approved in writing by the Department, be conducted by procedures and equipment outlined in the 18th edition of the Official Methods of Analysis of the Association of Official Analytical Chemists International, which is incorporated by reference.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

2. Amendment filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§511. Approved Testing Methods of Comparable Accuracy.

Note • History

(a) Each of the testing methods listed in this section is approved for use as an acceptable method of analysis for the determination of the components of milk, cream, bulk milk, products of milk, or products resembling milk products and shall be conducted by procedures and equipment outlined in the 18th edition of the Official Methods of Analysis of the Association of Official Analytical Chemists International, which is incorporated by reference.

(1) Fat in Raw Milk, Babcock Method, AOAC Official Method 989.04

(2) Fat in Milk, Modified Mojonnier Ether Extraction Method, AOAC Official Method 989.05

(3) Fat in Cream, Babcock Method, AOAC Official Method 995.18

(4) Fat in Cream, Mojonnier Ether Extraction Method, AOAC Official Method 995.19.

(5) Fat in Cream, Roese-Gottlieb Method, AOAC Official Method 920.111.

(6) Solids

(Total) in Milk, By Direct Forced Air Oven Drying, AOAC Official Method 990.20.

(7) Solids-Not-Fat in Milk, AOAC Official Method 990.21.

(8) Fat, Lactose, Protein, and Solids in Milk, Mid-Infrared Spectroscopic Method, AOAC Official Method 972.16.

(9) Lactose in Milk, Polarimetric Method, AOAC Official Method 896.01.

(10) Lactose in Milk, Enzymatic Method, AOAC Official Method 984.15.

(11) Protein in Milk, Dye Binding Method I, AOAC Official Method 967.12.

(12) Nitrogen (Total) in Milk, Kjeldahl Method, AOAC Official Method 991.20.

(13) Nonprotein Nitrogen in Whole Milk, Kjeldahl method, AOAC Official Method 991.21.

(14) TCA Precipitated Protein Nitrogen Content of Milk, Kjeldahl Method, AOAC Official Method 991.22.

(15) Protein Nitrogen Content of Milk, Indirect Kjeldahl Method, AOAC Official Method 991.23

(b) Each of the approved testing methods of comparable accuracy utilized in the testing of milk for payment purposes shall comply with the required levels of accuracy and precision outlined in section 512.2(e) of this article.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 34202, 34231 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

2. Amendment of section and Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§512. Testing Procedures and Equipment.

Note • History

(a) Except where approved in writing by the Department, licensees making tests by the approved testing methods stated in section 511, shall use equipment and follow the methods and procedures outlined in the 18th edition of the Official Methods of Analysis of the Association of Official Analytical Chemists International (AOAC), which is incorporated by reference. In the absence of prescribed equipment, methods, and procedures in AOAC, or when the Department has documented evidence that a deviation from AOAC procedures and equipment will provide testing results that are at least as accurate and precise as results obtained under AOAC procedures, the Department may give written authorization to use other testing methods and deviations.

(b) For laboratories that test raw milk for payment by infrared (IR) instrumentation, pursuant to section 511(a)(5) of this article, the procedures and pre-calibration checks outlined in section 15.121 of “Standard Methods for the Examination of Dairy Products”, 17th edition, which is incorporated by reference, must be followed. A letter requesting approval of an individual instrument for IR payment testing must be submitted to the Department, along with results of the pre-calibration checks and results of a minimum of 4 consecutive sets of IR calibration samples. All mean differences and standard deviations shall meet the established tolerances, and individual differences shall meet the tolerances with a 95% confidence interval. All data will be reviewed and approved by the Department prior to the instrument being approved for payment testing.

(c) When the Babcock method is utilized for the testing of milk and cream for fat content, the readings between lines of demarcation shall be extrapolated and reported to the nearest five one hundredths of one percent (0.05%) or less for milk and the nearest twenty-five one hundredths of one percent (0.25%) or less for cream.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

2. Amendment of subsection (a), new subsection (b) and subsection relettering filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§512.1. Testing Equipment.

Note • History

(a) All calibrated measuring devices, weights, scales, or other analytical equipment used by any licensed tester or licensed technician, with any of the official final action testing methods or with other acceptable testing methods of comparable accuracy that are approved for use, shall be accurate, precise, in good working condition, and otherwise meet Departmental approval.

(b) All measuring glassware used for basis for payment testing shall meet or exceed the specifications for such apparatus outlined in the 18th edition of the Official Methods of Analysis of the Association of Official Analytical Chemists International, which is incorporated by reference.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

2. Amendment of subsection (b) filed 8-13-80; effective thirtieth day thereafter (Register 80, No. 33).

3. Amendment filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§512.2. Character of Work and Tolerances.

Note • History

(a) “Accuracy” means the degree of agreement of individual measurements with an accepted reference value. The accepted reference value shall be the analytical result made by the Department. “Precision” means the degree of mutual agreement among individual measurements made under prescribed-like conditions.

(b) After notifying the management of any milk distributor, milk processor, dairy association, or commercial testing laboratory, the Department may obtain samples of any milk or cream previously tested by a licensed tester for the payment of any milk or cream or component of milk or cream. These samples may be tested in the Department's dairy chemistry laboratory to determine the accuracy of the licensed tester's work. The Department may request that the licensed tester retest the sample at the original testing facility by the same method as the sample was originally run, to determine the precision of the tester's work.

(c) Persons making milk component tests by any approved or final action testing methods for payment purposes shall be able to demonstrate a capability to reproduce their own original tests and be able to produce work comparable to official final action tests from duplicate samples tested by the Department's dairy chemistry laboratory within the limits outlined in subsection (e) of this section.

(d) Where analysis of milk components for payment purposes are made by infrared instrumentation, the Department will provide calibration samples to laboratories at a frequency established by mutual agreement but no less than that recommended in the instruction manual of the manufacturer of the instrument. The laboratory must demonstrate that they meet the required precision and accuracy as outlined in subsection (e) of this section.

(e)

ACCURACY AND PRECISION OF MILK TESTS

BETWEEN RETESTS AND/OR OFFICIAL LABORATORY TESTS

Accuracy Precision

Standard

Deviation Maximum

of the Difference

Mean Difference between original

Difference (SDD) test & retest

5-8 9-16

Component Tests Tests

+ +

% Milk Fat 0.04 0.03 0.05 0.06

% Total Solids 0.07 0.05 0.08 0.12

% Solids Not Fat 0.07 0.05 0.08 0.12

% Protein 0.05 0.04 0.06 0.05

% Lactose 0.05 0.04 0.06 0.07

(f) When a retest on individual sample of milk exceeds the maximum difference in subsection (e) of this section, the retest shall be used, unless the sample is deemed to be unsuitable for testing due to oiling off, churning, water in the sample, or other sample anomaly, in which case the application of the averaging procedures in section 525(e) of this article, shall be used. A test on an individual sample of milk that exceeds the previous test average (minimum of 4 samples to arrive at previous test average) by more than 0.2 % for any component will automatically trigger a retest.

(g) When a retest on an individual sample of milk does not exceed the maximum difference allowed in subsection (e) of this section the original test must be used as the basis for payment, and the original test will be reported on the original test sheet, with an explanation of the retest.

(h) When a retest on a sample of cream amounts to seventy-five hundredths of one percent (0.75%) or greater, the retest shall be used, unless the sample is deemed to be unsuitable for testing due to oiling off, churning, water in the sample, or other sample anomaly, in which case the application of the averaging procedures in section 525(e) of this article shall be used.

(i) The Department may check the accuracy and precision of licensed testers' work by unannounced inspections. The Department will review the work of licensed testers whenever a complaint is made regarding the accuracy and precision of their work.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

2. Editorial correction of Example 2 (Register 80, No. 6).

3. Amendment filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§512.3. Licensing. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

2. Repealer filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§513. Infrared Instrumentation.

Note • History

The Department approves of the use of mid-infrared instruments that rapidly determine the percentages of the fat, protein, lactose and solids content of milk as outlined in the 17th Edition of Standard Methods for the Examination of Dairy Products, which is incorporated by reference, including all precalibration testing requirements and routine instrument performance checks, when such findings form the basis for payment for raw milk.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921, 34202, 34231, 34261.5, 35784, 38181, 38191-38213, Food and Agricultural Code.

HISTORY

1. New section filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7). For prior history, see Register 79, No. 42.

§513.5. Operation of Infrared Instruments.

Note • History

(a) The following shall govern the determination of milk components by Infrared (IR) instrumentation:

(1) Persons testing raw milk by means of IR instrumentation shall hold a tester's license for IR and work under the supervision of personnel also licensed for IR testing, and responsible for all aspects of component payment testing at the facility.

(2) Each day the IR instrument is used, a check (pilot) sample warmed according to section 15.121 of the 17th Edition of Standard Methods for the Examination of Dairy Products, which is incorporated by reference, with the temperature verified and recorded prior to testing, shall be analyzed at start-up and once every hour thereafter. The pilot sample can be a commercially prepared pilot sample, UHT whole milk, pasteurized whole milk, or raw milk or similar matrix. The pilot sample shall be handled, prepared, and tested in the same manner as producer payment samples. The pilot sample component values will be determined by averaging several instrument readings, after having cleaned and zeroed the instrument. The average instrument readings for each component will be used as the baseline to compare the daily start-up and hourly pilot samples. The results shall be recorded in the permanent log book, in accordance with subsection (a)(5). The component values on the pilot samples shall be less than or equal to 0.04% of the original base line values. If any component value on a pilot sample exceeds the original base line value by more than 0.04%, the instrument shall be cleaned and zeroed, and a fresh pilot sample shall be run. If any of the pilot sample components still deviate from the baseline values by more than 0.04% the instrument will be considered to be malfunctioning, and all payment samples analyzed since the last acceptable pilot sample shall have their results reported using the averaging procedures outlined in section 525(e) of this article. In the event of instrument malfunction further testing must be done by alternate official final action methods, or acceptable methods of comparable accuracy. If the laboratory cannot perform the above methods, payment samples must be sent to another payment laboratory for analysis. The laboratory management shall submit a letter to the Department's Milk and Dairy Food Safety Branch identifying the alternate official final action methods and/or alternate laboratory that shall be used to analyze payment samples in the event of instrument malfunction, and update the letter as circumstances change.

(3) Samples of raw milk which are high in acidity, coagulated, or churned may not be tested by IR.

(4) If at any time the tester licensed to make milk component determinations by IR has reason to believe the results obtained are biased or inaccurate, all further testing must be done by alternate official final action methods listed in Food and Agricultural Code section 32921, or by acceptable methods of comparable accuracy, or the samples shall be tested by another payment laboratory until the bias is eliminated.

(5) The recommendations provided in the Instruction Manual of the manufacturer for calibration, sample preparation, operation, routine maintenance, daily instrument checks, and cleaning shall be followed, unless otherwise instructed in writing by a representative of the Department. A permanent log book shall be maintained that records the results of all pilot samples, as well as information pertaining to any adjustments made to the instrument (i.e. maintenance, calibration changes, daily instrument checks, and any other work done on the instrument). The log book shall be available for review by the Department upon request.

(6) The volume of the test portion shall be sufficient to make an original test and a retest. This volume may vary by instrument depending on the individual instrument volume uptake settings.

(7) The power input to the IR instrument shall be standardized by a constant voltage regulator.

(8) The IR instrument must be operated in an air-conditioned room where the temperature does not exceed 80oF.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. New section filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§514. Samples, Sampling and Weighing.

Note • History

(a) Bulk milk and cream must be thoroughly mixed in accordance with the 17th Edition of Standard Methods for the Examination of Dairy Products, which is incorporated by reference, for at least five minutes before sampling, or longer as may be required to obtain a representative sample throughout the tank. Bulk milk tanks from which samples are taken must be equipped with power-driven mechanical devices which will thoroughly mix the milk or cream prior to sample collection. Such mechanical devices shall be of a type and installed in a manner approved by the Department. Samples shall be representative of the fat content of the product sampled. Sampling tubes and dippers that are badly dented, or leak, must not be used. Cylindrical shaped dippers, only, shall be used when samples are secured with dippers. The sampling devices shall be rinsed in the product to be sampled before any part of the product is transferred to the sample bottle. Sample bottles shall be filled away from the farm tank opening so that no milk is spilled back into the farm tank. Sample bottles shall be filled no more than three quarters full to permit proper mixing of the sample at the laboratory.

(b) Samples shall be marked with the date and the producer's name or patron number in a manner that will not erase.

(c) Weights must be read and recorded to the nearest half-pound graduation on the scales for cream, and the nearest one-pound graduation for milk or weights taken or measurements made in a manner and to an accuracy acceptable to the Sealer of Weights and Measures.

(d) At the time samples are being taken, licensee will be held responsible for operating the mechanical agitators in a manner that will assure a representative sample, and for securing a correct weight or measurement.

NOTE

Authority cited: Sections 407 and 34261.5, Food and Agricultural Code. Reference: Sections 32731, 32734, 34201, 34231, 34265, 34301 and 35163, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Amendment of section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§515. Sample Bottles.

Note • History

Milk and cream samples to be tested for payment purposes shall be collected and held in single use plastic vials or bottles made of plastics that are manufactured from known chemical content, which does not contain materials that migrate into the food which may adversely affect the composition or bacteriological quality of the product.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 34351 and 35166, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment of section heading, repealer and new section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§516. Milk Preservatives.

Note • History

For preserving milk samples in the laboratory for the determination of milk components, bronopol (0.02 - 0.06 percent by weight of the sample), bronopol with a yeast and mold inhibitor (0.02 - 0.06 percent by weight of the sample), or potassium dichromate (0.1 percent maximum by weight of the sample) may be used. A request for approval for the use of other preservatives not specified in this section, must be submitted in writing to the Department prior to use. Any milk sample tested within 3 days after the sample is collected need not be preserved.

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code. Reference: Section 34231(b), Food and Agricultural Code.

HISTORY

1. Amendment of subsection (a) filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

2. Repealer and new section filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§517. Storage and Testing of Samples.

Note • History

(a) The management of each facility that tests milk or cream for basis for payment shall designate one licensed tester to be the responsible party (designee) for ensuring that the samples are received, stored, handled, prepared, tested, and recorded as outlined in sections 499, 509, 510, 511, 512, 512.1, 512.2, 513, 513.5, 515, 516, 517, 525 of Title 3 of the California Code of Regulations, and ensure that all personnel who test samples for payment are licensed testers. The designee shall also be responsible for ensuring that the daily calibration checks are performed and recorded properly, and that the instrument is maintained according to the manufacturer's suggested guidelines. Management shall, within at least 24 hours, notify the Department by telephone or electronic mail when there is a personnel change with regard to the designee, and make certain that at all times there is a trained backup person available to take over the designee's role.

(b) Each person purchasing, receiving, or selling milk or cream on the basis of milk components shall provide a refrigerator maintained at a temperature between 0o and 4.4oC. in which licensed weighers, samplers and testers shall keep all samples taken or maintained during sampling and holding periods. All such samples shall be kept in a secure place in the refrigerator which shall be constructed and maintained in a manner acceptable to the Department. Written procedures shall be in place to ensure the security of the samples at all times. A copy of the written procedures shall be submitted to the Department at the time the laboratory requests approval for payment testing, whenever procedures or methods are changed, or when requested by the Department.

(c) Samples of all milk and cream tested at a payment laboratory shall be maintained for a period of at least 72 hours after testing. The laboratory designee shall be personally responsible for their safekeeping.

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code. Reference: Sections 32921, 34231, 34261, 34261.5, 34262, 34263, 34264 and 34265, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 6-11-64; effective thirtieth day thereafter (Register 64, No. 13).

3. Amendment filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

4. Amendment of section and Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§518. Test Room Equipment. [Repealed]

Note • History

NOTE

Authority cited: Sections 407, 34321-34327, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Amendment of subsection (a) filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§519. Accuracy in Weighing Cream Tests. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§520. Accuracy in Measuring Milk Tests. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§521. Mixing Samples and Acid. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§522. Operation of Centrifuge. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§523. Reading Cream Tests. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§524. Reading Milk Tests. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§525. Keeping Records of Tests.

Note • History

(a) All milk and cream test record sheets shall be permanently identified with the name or number of the concern for whom the tests are made. Daily test records must be available at the laboratory in hard copy for no less than 30 days, in addition to any back up copies of the data. After 30 days the records may be archived to any type of removable storage media where they are to be kept for a minimum of two years.

(b) Each test record sheet shall be authenticated by the full signature of the licensed tester, marked with the complete date on which the tests were made, and the date the sample was taken. The name and address of the person, firm, company, or association purchasing, receiving, or selling the product that has been tested shall appear on the test record sheets. The name and address of the testing laboratory shall appear on the test record sheet. If an infrared instrument is used, the serial number of the instrument used to test the samples shall appear on each test record sheet.

(c) Whenever a change in the records, while still in possession of the tester, is necessary by reason of accident or failure to properly record the test, or when a retest is made, and the retest is sufficiently different from the first test, as specified in section 512.2(e), the original entry on the records shall be marked out with a single stroke of the pen, without obliterating the figures, and the correction or retest noted immediately adjacent to the original entry. The change shall be identified by the initials of the tester, which are to be written on the test record sheet immediately adjacent to the correction. Whenever, for any such cause, a change in the records is necessary, a record of such change shall be made by the licensed tester on a retest sheet. Any changes or corrections occasioned by these retests are to be made by the licensed tester only, and the original retest sheet must be permanently fastened to the original test record sheet. The name and address of the person, firm, company, or association purchasing, receiving, or selling the product retested must be entered on all retest sheets. Two dates must appear on all retest sheets--one showing the date the retest was made and the other showing the date that the milk or cream was first tested. All retest sheets must be made with ink and be signed with the full name of the tester. All retests must be accompanied by the patron's name or number in order to determined to whom the sample retested belonged.

(d) The original test record sheets shall be delivered to the management of the concern for whom the tests are made immediately upon completion of the tests on the day's samples.

(e) When sample bottles leak or they are lost, or the contents are partly spilled, or the bottles are broken or cracked, or for any other reason the sample is not representative, notation of occurrence must be made on the test record sheet by the licensed tester. In such cases an averaged test must be given to the patron, based on the average of the four immediately preceding tests if the sample was a milk sample. In the case of a sample of cream, the averaged amount of fat shall be based on the average of four deliveries of cream from the same patron, immediately preceding the day for which the fat is averaged.

(f) Weights or measurements must not be changed without approval of the Department, except where obvious errors have been made by the licensed sampler and weigher. An average weight or measurement based on the four immediately preceding recorded weights, whenever available, shall be used if the actual correct weight cannot be determined.

(g) Explanations as to averaged tests on milk and averaged amounts of fat on cream, and averages in weights or measurements must appear on the original patron statement. All such changes must be identified with the name or initials of the plant manager or the person responsible for these records.

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code. Reference: Section 34231(b), Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 6-11-64; effective thirtieth day thereafter (Register 64, No. 13).

3. Amendment filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

4. Amendment filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§526. Character of Work. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§527. Observation of Laws, Rules and Regulations. [Repealed]

History

HISTORY

1. Repealer filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§528. Gerber Testing. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§529. Gerber Test Methods. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§530. Accuracy of Equipment. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§531. Applicable Sections. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§532. Mojonnier Testing. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§533. Accuracy of Equipment. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§534. Examination of Glassware. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

2. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

§535. Applicable Sections. [Repealed]

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32921 and 34261.5, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 10-19-79; designated effective 1-1-80 (Register 79, No. 42).

Article 14.5. Nonfat Milk Solids Testing and Reporting [Repealed]

HISTORY

1. Repealer of article 14.5 (sections 536-542) filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7). For prior history, see Register 62, No. 1 and Register 79, No. 42.

Article 14.6. Testing of Raw Milk for Butterfat by Light Transmission [Repealed]

HISTORY

1. Repealer of article 14.6 (sections 543-545) filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7). For prior history, see Register 79, No. 42.

Article 14.7. Testing of Raw Milk for Butterfat and Other Milk Constituents by Infrared Light Transmission [Repealed]

HISTORY

1. Repealer of article 14.7 (sections 546-547) filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

Article 14.8. Third Party Testing

§550. Purpose. [Repealed]

Note • History

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code.

HISTORY

1. New Article 14.8 (§§ 550 through 554) filed 6-1-73; effective thirtieth day thereafter (Register 73, No. 22).

2. Repealer filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§551. Definitions.

Note • History

For the purposes of this Article, the term “third party” means a commercial laboratory or any laboratory approved by the Department having no vested interest in the laboratory findings of specific analyses.

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code. Reference: Sections 34201 and 34231, Food and Agricultural Code.

HISTORY

1. Amendment of section and Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§552. Interplant Bulk Sales of Commingled Milk.

Note • History

(a) For bulk sales of commingled milk from members' ranches to a distributor when such deliveries are made by a non-profit cooperative association or its agent, the non-profit cooperative association shall be deemed a single producer subject to the provisions of section 34231(b) and (c).

(b) For direct sales from individual members' ranches when the milk is picked up by a distributor or his agent, the non-profit cooperative member shall be considered an individual producer subject to the provisions of section 34231(b) and (c).

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code. Reference: Sections 34231 and 34301, Food and Agricultural Code.

HISTORY

1. Amendment of section heading and section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§553. Procedures for Designation.

Note • History

(a) A designation of a laboratory or laboratories by the Department will be based upon a combination of the following criteria:

(1) Accuracy of analytical procedure.

(2) Capability of laboratory or laboratories in terms of time and frequency of analyses.

(3) Lowest cost of service to be performed.

(b) Whenever there is a substantial change in circumstances on which designation was predicated, the Department shall be advised by the parties; in such an event, the Department will determine whether a change in designation shall be made.

(c) When, as a result of prescribed written application under provision of section 34231(c) of the Food and Agricultural Code, the Department designates third party testing, such designation shall be deemed operative for the distributor and for all producers shipping to the milk plant affected.

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code. Reference: Sections 34921, 34233 and 34301, Food and Agricultural Code.

HISTORY

1. Amendment of section heading and section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§554. Resolution of Test Variations.

Note • History

In the absence of mutual agreement or designation provided for in subsection (c) of section 34231 of the Food and Agricultural Code, analyses of milk fat and non-fat milk solids made on a lot or lots of milk by a licensed tester(s) representing the seller and a licensed tester(s) representing the buyer, any differences in findings will be resolved by using the findings of the laboratory utilizing the most accurate analytical procedure. When both testers use the same procedure, an average of the two tests will form the basis for resolution of the differences. If one or both samples are available, additional analyses shall be made.

NOTE

Authority cited: Sections 407 and 34231, Food and Agricultural Code.Reference: Section 34301, Food and Agricultural Code.

HISTORY

1. Amendment of section and new Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

Article 15. Registration of Dairy Containers Brands

§561. Registration of Dairy Containers Brands.

Note • History

Any person desiring to register any brand, as provided by Sections 34531 and 34562 of the Food and Agricultural Code, shall file a properly executed application on a form supplied by the Department of Food and Agriculture of the State of California, whereupon the department, after holding for a period of three weeks during which time the proposed brand shall be advertised in one or more newspapers of general circulation published in the locality in which the principal place of business of the applicant is situated, and if at the end of such period there appears to be no contest of right or ownership to said brand, the department will upon receipt of an affidavit of publication, formally register such brand as the correct and legal designation for the property of the applicant.

NOTE

Authority cited: Sections 34531 and 34562, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§562. Association Brand Registration.

In the event that any brand has been registered by an association whose members are engaged in receiving, producing, manufacturing, packing, canning, bottling, handling, or selling milk or any product of milk in containers on which such brand or any part thereof appears, such brand or part thereof may be used by all members of such association. Should any member of such association cease at any time to be a member for any reason whatever then such member shall thereafter have no right to use the brand, or any part of the brand registered by such association, whether the containers bearing such brand or part thereof shall have been acquired by such member before or after his membership shall have terminated. The foregoing shall apply to all brands registered by such association.

Article 16. Milk Products Plant Construction

§567. Milk Plant Construction. [Repealed]

History

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

3. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§568. Fruit Juices.

History

Fruit juices and fruit juice base beverages may be handled in a milk products plant where frozen milk products are manufactured and packaged provided the handling of fruit juices and fruit juice beverages does not hamper or interfere with working space and render the milk products plant too crowded to be maintained in a sanitary condition at all times. Such beverages must be dispensed in a single service container and the milk products plant may be used only for the compounding, storage and sale of milk products and such beverages and combinations thereof. Consumption of any such products must be outside of the milk products plant.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

Article 17. Condemnation of Milk Products

§571. Condemnation of Milk or Cream.

History

Whenever milk or cream is condemned under authority of Section 32761 of the Food and Agricultural Code the milk or cream shall be marked for identification by the following method:

A sufficient quantity of nontoxic certified color (dye) shall be added directly to the milk or cream to render such milk or cream distinct in color from that of normal milk or cream. A tag or label shall be attached to the containers of such condemned milk or cream and shall bear the words “condemned” and the reason for such condemnation and the signature of the authorized representative of the Department of Food and Agriculture or of an approved milk inspection service making the condemnation.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§572. Condemnation of Milk Products.

History

Whenever a manufactured product of milk or cream is condemned under Section 444, an authorized representative of the Department of Food and Agriculture of the State of California shall proceed to attach to such manufactured product, or the containers thereof, in an appropriate manner, a tag or label bearing the words “California inspected and retained.” Such product shall not be sold, nor moved, nor transported without the authorization of the Director of Food and Agriculture to any place or premises until the owner thereof has been given due notice and hearing. Said labels shall be removed by an authorized representative of the said Department of Food and Agriculture and the product or products so held either released or condemned and marked, or destroyed,or otherwise disposed of as determined by such hearing.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§573. Sediment Tests.

History

(a) Sediment test of milk by off-the-bottom method of one pint from ten gallon containers must be classified as to the sediment content as follows: Milk conforming to a No. 1 or No. 2 disc will be considered to be satisfactory. Milk containing sediment in excess of a No. 3 disc will be condemned for human consumption.

A No. 1 disc is construed to be free of sediment.

A No. 2 disc is construed to be a disc having not in excess of 0.5 mg. of sediment.

A No. 3 disc is construed to have not in excess of 2.5 mg. of sediment.

(b) Sediment test of one pint of milk from bulk lots by the mixed sample method containing sediment in excess of a No. 3 disc will be condemned for human consumption. A restricted size disc of 0.40 inch diameter will be used for the mixed sample method.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§574. Overflow Milk. [Repealed]

History

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§575. Reconstitution or Recombining of Market Milk Products.

Note • History

(a) Except as otherwise specifically provided for in Division 15 of the Food and Agricultural Code, a market milk product is adulterated if water is added to it before, during, or after processing.

(b) Any flavoring or syrups used in the manufacture of flavored market milk products may not be diluted with water. Syrup or imitation syrup shall not exceed 35 percent water.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Section 36064, Food and Agricultural Code.

HISTORY

1. New section filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

§576. Prevention of Drug Residues.

Note • History

Each dairy farm producing milk shall have a procedure to prevent drug residues in milk to be used for human consumption.

(a) Where dairy animals are treated with drugs capable of being secreted into milk and which require a period during which milk is to be withheld from human consumption, this procedure shall include all of the following:

(1) The identification of each treated animal in a manner that will be permanent during the drug withdrawal period and will be recognizable to all persons concerned with the milking of such animals;

(2) Keeping a record of each animal treated and showing the date, kind, and amount of drug used for each animal;

(3) Listing the time period for withholding of milk following a drug treatment, as stated on the label for the drug used, or as recommended by a licensed veterinarian;

(4) Milking treated animals last or with separate equipment; and

(5) Excluding such milk from consumption in accordance with label directions for the drug administered, or in accordance with instructions of a licensed veterinarian treating the animals, and recording the disposition of milk from treated animals.

(b) When the residue of any drug is found in the milk from a dairy farm, the milk inspection service shall immediately suspend the dairy farm from further selling, offering for sale, or giving away any milk for human consumption until:

(1) A review of the farm's procedures is made by the inspection service and found to be in substantial compliance with the requirements of subparagraph (a);

(2) The dairy has provided for and does isolate treated animals from untreated animals and milks them as a separate group following the milking of untreated animals, or initiates other precautionary measures of equal effectiveness as approved by the Director;

(3) Any milk produced by the dairy containing milk from treated animals, which is required to be excluded from human consumption and which has not been excluded has been condemned; and

(4) Each lot offered for sale following suspension shall be tested for drug residue. The suspension shall remain in effect until these tests reveal the milk to be negative to drug residues.

(c) If at any time a dairy farm is found not to be following the procedures under subparagraph (a), of this section, it shall be suspended until such requirements are met. However, no dairy farm shall be suspended for such violations if, after written notice by a qualified inspector, evidence is provided within 72 hours of the issuance of the notice that the violation is corrected or will be in substantial compliance. A copy of each notice issued under the provisions of this section shall also be given or mailed to the processor, or distributor of the milk or cream.

(d) Processors and distributors who perform independent tests for drug residues in milk and cream shall make records of such tests available to the Director upon request.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32731, 32761, 32765 and 32906, Food and Agricultural Code.

HISTORY

1. New section filed 10-24-75; effective thirtieth day thereafter (Register 75, No. 43).

2. Amendment filed 3-12-79; effective thirtieth day thereafter (Register 79, No. 11).

§576.1. Detection of Drug Residues in Milk Reporting.

Note • History

Each processing facility shall have a program in place to screen all bulk raw milk pickup tankers for drug residues with approved tests as specified in United States Food and Drug Administration, Milk Safety Branch, Coded Memorandum M-a-85, effective January 22, 2001 (M-a-85).

(a) The following Federal and State testing procedures shall be applied by each processing facility on all drug residue screening tests performed on bulk raw milk pickup tankers of milk for human consumption using test methods approved by the Secretary and specified in M-a-85:

(1) The drug residue testing procedures specified by United States Food and Drug Administration, Milk Safety Branch, Coded Memorandum M-a-86, effective July 23, 2001 (M-a-86), General Guidelines for Bulk Milk Pickup Tanker Screening Tests shall be followed by each processing facility.

(2) United States Food and Drug Administration, Milk Safety Branch, Coded Memorandum M-a-86, sets forth the certification requirements of industry personnel for screening bulk milk pickup tankers for drug residues.

(3) Milk handlers shall report all positive drug residue results from bulk raw milk tankers to the Milk and Dairy Food Safety Branch immediately, not to exceed the next State working day.

(4) Milk handlers shall report all bulk raw milk pickup tanker drug residue test results (negative and positive) to the Milk and Dairy Foods Control Branch on a quarterly basis.

(5) Bulk raw milk pickup tankers reported positive for drug residues must be confirmed at a State and Federal certified laboratory by State and Federal certified analysts by completing all of the following tests: Lactek B-L, Lactek CEF and Bacillus Stearothermophilus Disc Assay, or an equivalent series of tests approved by the Secretary.

(b) Handlers with producer pools or cooperatives who have established a single approved M-a-85 test by policy or contract agreement with producers may upon application to the Secretary and upon approval be allowed to use confirmation testing by the same drug residue test method employed in screening at a State and Federal certified laboratory by State and Federal certified analysts.

(c) All drug residue samples required by subsections (a) and (b) shall be obtained by a licensed sampler and weigher or persons authorized pursuant to Section 32701 of the Food and Agricultural Code.

(d) Milk containing violative drug residues shall be condemned and disposed of in a manner approved by the Secretary.

NOTE

Authority cited: Sections 407, 32761.5 and 33083, Food and Agricultural Code. Reference: Sections 32701, 32731, 32811, 32814 and 33733, Food and Agricultural Code.

HISTORY

1. New section filed 1-30-95 as an emergency; operative 1-30-95 (Register 95, No. 5). A Certificate of Compliance must be transmitted to OAL 5-30-95 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 1-30-95 order transmitted to OAL 5-26-95 and filed 7-11-95 (Register 95, No. 28).

3. Change without regulatory effect amending first paragraph and subsection (a)(1) filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).

4. Change without regulatory effect amending subsection (a)(3) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

Article 18. Milk Separation

§577. Milk Separation.

Milk to be separated for the production of market cream may be heated upon arrival at the plant to a temperature not to exceed 110 degrees F. If heated to a higher temperature the milk must be carried through the complete process of pasteurization and the market cream produced therefrom must be labeled with the word “pasteurized.”

Article 19. Operators of Pasteurization Equipment

§581. Pasteurization Requirements and Equivalency.

Note • History

(a) In accordance with the provisions of sections 32515 and 34001 of the Food and Agricultural Code, processes which have been demonstrated to be equally efficient and approved by the Department are as follows:

(1) “Pasteurization”, “pasteurized” and similar terms shall mean the process of heating every particle of milk or milk product, in approved equipment (as specified in Article 19), to one of the temperatures given in the following chart and held continuously at or above that temperature for at least the corresponding specified time:

Temperature Time 63oC (145oF) (see 581(a)(1)(A)) 30 minutes

72oC (161oF) (see 581(a)(1)(A)) 15 seconds

89oC (191oF) 1.0 second

90oC (194oF) 0.5 seconds

94oC (201oF) 0.1 seconds

96oC (204oF) 0.05 seconds

100oC (212oF) 0.01 seconds

(A) If the fat content of the milk product is ten percent (10%) or more, or if it contains added sweeteners, or if it is concentrated (condensed), the specified temperature shall be increased by 3OC (5OF). Provided, that eggnog, as defined in 21 CFR, section 131.170 (2005), shall be heated to at least the following temperature and time specifications:

Temperature Time

69oC (155oF) 30 minutes

80oC (175oF) 25 seconds

83oC (180oF) 15 seconds

(b) Proposals must be submitted to the Department of Food and Agriculture, Milk and Dairy Food Safety Branch, for consideration of a process to be equally efficient to the pasteurization and immediate cooling standards as specified in section 34001 of the Food and Agricultural Code and subsections (a)(1) and (a)(1)(A) of this section. The proposal shall be evaluated for equivalency, on a case-by-case basis, and the proposal shall include, but is not limited to, the following information:

(1) Company name, address, contact information, corporate address, and the facility location where the equipment is proposed for use.

(2) Statement of proposal, including the description of the process and an explanation why currently approved methods cannot be used, or are less practical, for the proposed application.

(3) Identification of product(s) to be processed with the proposed methodology.

(4) Diagram of the process and product flow.

(5) Process parameters, including temperature(s), pressure(s) and times, and significant equipment or parameter changes from currently approved methods of pasteurization.

(6) Equipment material, design and finishes.

(7) Statistically valid experimental data that compares the proposed process to currently approved methods, and that relates the data to the conditions and product formulations in California under which the product(s) is intended for use.

(8) If available, written approval from other state or federal dairy regulatory agencies, or published conference actions of the National Conference on Interstate Milk Shipments (NCIMS) supporting the proposed process.

(9) If available, technical reviews or evaluations furnished by state or federal accredited and licensed, scientists, engineers or other professionals that specialize in, or relate to the proposed process.

(d) Prior to issuing a decision regarding equivalency, the Department may conduct site visits, may conduct a pilot program to verify and study the results of the equivalency process, and may perform any other tests or studies to verify equivalency as the Department deems appropriate on a case-by-case basis.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32515 and 34001, Food and Agricultural Code.

HISTORY

1. New section filed 9-16-2005; operative 10-16-2005 (Register 2005, No. 37).

2. Editorial correction of subsection (a)(1)(A) (Register 2006, No. 3).

§582. Operators of Pasteurization Equipment.

History

All persons operating pasteurizers must comply with the following:

(a) Every pasteurizer must be equipped and operated with a recording thermometer which must be used solely for that individual piece of equipment. Transferring of thermometer spuds from one vat to another is prohibited.

(b) Recording of temperatures on recording thermometer charts shall be continued during the complete revolution of the chart and in no case shall a recording thermometer chart be used for a period longer than for which it was intended.

(c) Recording thermometer charts shall be placed on recording thermometer devices in a way that will record the correct time of day during which the various operations of pasteurization, cooling (if cooled in vat) and sterilization took place.

(d) Recording thermometer charts shall be dated at the time they are placed on recording thermometer devices.

(e) Notations shall be placed on recording thermometer charts showing what product or products were pasteurized.

(f) All recording thermometer devices shall be securely fastened to solid foundations and shall be free from vibration.

(g) All recording thermometer charts shall be authenticated by the signature of the operator of the pasteurizing equipment.

HISTORY

1. Amendment filed 8-31-51 designated to be effective 10-1-51 (Register 25, No. 4).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§583. General Requirements.

History

(a) The process of condensing or evaporating milk or milk products does not constitute pasteurization.

(b) All inlet and outlet valves to pasteurizers (installed after the effective date of this provision) shall be leak protector type properly installed to prevent any mixing with raw products.

(c) The inlet lines on pasteurizers not equipped with leak protector valves shall be removed during the heating, holding and emptying period. The outlet lines on pasteurizers not equipped with leak protector valves must be removed during the filling, heating and holding periods.

(d) All milk and milk products pipelines connected to pasteurizers shall be vented and otherwise controlled to prevent siphonage.

(e) All indicating and recording thermometers and charts shall comply with the specifications set forth under HTST method and holder method, hereinafter described, except where the products are heated by the holding method above 150 degrees F. or by the HTST method above 165 degrees F., in which case, the temperature indicating and recording devices shall be of a type approved by the director.

(f) All milk and milk products tanks and receptacles used in the processing and filling operations shall have sanitary covers which protect the product from contamination. Drip shields and port collars shall be provided whenever necessary to prevent splash and contamination.

(g) The operator of each pasteurizer shall at least once during his workday or shift check the recording thermometer against the indicating thermometer on all pasteurizers used by him. The check must be made during the process of pasteurization at pasteurization temperature after a stabilization period of at least five minutes at constant temperature. The temperature of the indicating thermometer shall be recorded on the recording chart together with a mark designating the time at which the check was made.

(h) The rotating chart support must be provided with pins or knife to puncture the chart in a manner that will prevent its fraudulent rotation.

HISTORY

1. New section filed 8-31-51 designated to be effective 10-1-51 (Register 25, No. 4).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§584. Holding Method.

History

(a) Where holding method of pasteurization is used and the product heated above 161 degrees F., the holding time may be reduced by one minute for each degree of temperature above 145 degrees F., provided the product so treated will successfully pass the phosphatase test for pasteurization as prescribed in the current edition of Standard Methods for the Examination of Dairy Products.

(b) Each holder vat must be equipped and operated with a satisfactory means of keeping the atmosphere in the vat above the milk or milk products at a temperature of t least 5 degrees F. higher than the required pasteurization temperature of the product during the heating and holding period. If steam is admitted into the vat, the steam line must be provided with a trap properly designed to avoid the discharge of water into the product. An approved sanitary type air temperature indicating thermometer must be installed on each vat. The air temperature thermometer must have a scale range of 130 degrees F. to 210 degrees F. Temperature ranges above or below are permissible. It must be accurate within 1 degree F. plus or minus, through the specified scale range; the smallest scale division must not be more than 2 degrees F. and not more than 16 degrees per inch of scale.

(c) Recording thermometer charts made for products pasteurized by the holding method must show the end point of the holding period by some distinguishing mark which must be made before any of the product is removed from the vat. A notation must be placed on the recording chart showing the temperature of the air space as indicated by the air space thermometer for each vat of product pasteurized.

(d) Flush-type outlet valves are required on pasteurizing vats.

(e) Installations made after the effective date of this provision shall comply with the following: If the interior lining of the vat is flared at the valve opening, then the diameter at the large end of the flare shall be at least equal to the depth of the flare, plus the diameter of the opening. The distance from the small end of the flare to the valve shutoff point or the distance from the interior lining to valve shutoff point if no flare is used shall not exceed the diameter of the opening.

(f) Indicating thermometers shall be accurate within 0.5 degrees F., plus or minus, within the pasteurization temperature range, and shall have a scale range of 130 degrees to 212 degrees F., extension either side permissive, protected against damage at 220 degrees F. The smallest scale division shall not be more than 1 degree F. between 130 degrees and 150 degrees F. The magnification of the mercury column shall be to apparent width of not less than one-sixteenth inch (1/16). Spuds of indicating thermometers shall be at the level of the spud of the recording thermometer.

(g) Recording thermometers and charts not exempt by subsection (e) of Section 583 of the Administrative Code must comply with the following specifications:

Temperature Accuracy. Within 1 degree F., plus or minus, between 142 degrees and 145 degrees.

Time Accuracy. The recorded elapsed time as indicated by the chart rotation must not exceed the time elapsed as indicated by a correct timepiece over a period of at last 30 minutes.

The smallest temperature scale division must not be greater than one degree between 140 degrees and 145 degrees F.

The width of the scale division between 142 degrees and 145 degrees F. must not be less than one-sixteenth of an inch.

The radial lines that indicate the time must not be closer than one-fourth inch between 142 degrees and 145 degrees F. and represent not more than 10 minutes.

HISTORY

1. New section filed 8-31-51 designated to be effective 10-1-51 (Register 25, No. 4).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

3. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§585. High-Temperature, Short-Time Pasteurization.

History

(a) All HTST pasteurizing devices shall be equipped so as to automatically prevent the forward flow of milk or milk products which have not been heated to the required temperature.

(b) The regenerator must be designed and installed so that the raw product will at all times be at a lower pressure than the pasteurized product.

(d) The holding time of at least 15 seconds in forward flow and diverted flow is required in the pasteurization of milk or fluid derivatives. In the pasteurization of ice cream mix or ice milk mix the holding time shall be at least 25 seconds in forward flow and diverted flow; and the temperature of pasteurization shall be at least 175 degrees F.

No holding time is required in the pasteurization of milk or milk products if the temperature of pasteurization in approved high-temperature short-time equipment is at least 192 degrees F. and 194 degrees for the vacreator. Milk and milk products pasteurized by the Roswell process shall be heated to 200 degrees F. and held at that temperature for a minimum of three seconds.

(e) The holding tube must have a positive upward slant from the inlet to the outlet. The brackets must be permanently installed. The indicating and recording controller spuds and the flow diversion valve must be located at the outlet end of the holding tube.

(f) The timing pump shall be so constructed and operated that the speed setting will insure the required holding time. All variable speed pumps must have a high speed stop that can be sealed and so designed that wear or stretch of belts or other driving medium will not shorten the holding time.

(g) HTST pasteurizers shall be checked and sealed by the director or authorized representatives of an approved milk inspection service before using and as often as is necessary to insure satisfactory operation. The timing pump, if variable speed type, shall be sealed to prevent increase of the maximum allowable speed. Other types of pumps, including homogenizers, may be sealed at the option of the control official. The setting device for controlling the flow diversion temperature shall be sealed in a tamper proof manner. Equipment on which the seals are broken or tampered with is not in compliance with Section 515 of the Agricultural Code.

(h) Plant managers shall immediately notify the local milk inspection service or the state representative, whichever has immediate supervision, in case of any readjustment or replacements of parts which may affect the pasteurization holding time or temperature.

(i) All variable control devices shall be sealed in a tamper proof manner to prevent their use above maximum setting.

(j) No manual switches are permitted that will cause a flow diversion valve to assume the forward flow position below pasteurizing temperature.

(k) The recording thermometer device on HTST pasteurizers shall record on the chart the operation of the forward flow control.

(l) Indicating and recording thermometers not exempt by subsection (e) of Section 583 of Administrative Code must comply with the following specifications:

Indicating Thermometers. The scale division must not be more than one-half degree between 138 and 165 degrees F.; accurate within one-half degree F. plus or minus, and not more than eight degrees F. per inch of scale. Lag must not exceed four seconds on temperature rise between 141 and 153 degrees F. when the spud is at room temperature and is then immersed in stirred water at 160 degrees F.

Recording Thermometers. Scale range 145 to 200 degrees F.--the smallest scale division must not be more than one degree between 159 and 162 degrees F. Scale lines must be at least one-sixteenth inch wide in this range. The recording device must record the correct time of day. Recording of temperature must be accurate within one degree F. The pen arm setting device must be easily accessible and simple to adjust. The pen must record a thin, clear line. Radial lines that indicate the time must not be closer than one-fourth inch between 159 and 162 degrees F.; the space must not represent more than 10 minutes.

(m) Flow diversion valve controller response not to exceed five seconds on temperature rise from 148 to 160 degrees F. when the spud is at room temperature and then is immersed in well stirred water at 167 degrees F.

(n) The operator of each HTST (high-temperature short-time) pasteurizer must at least once at the beginning of his workday or shift make a notation on the recording thermometer chart of the cutin and cutout temperature of the flow diversion valve.

HISTORY

1. New section filed 8-31-51 designated to be effective 10-1-51 (Register 25, No. 4).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§586. Preheated Cream.

History

Cream subjected to heat treatment as provided for in Section 34003 of the Food and Agricultural Code must be labeled “preheated cream.” Section 577 of the Administrative Code is not applicable to “preheated cream.”

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

Article 20. Milk Products Plant Floor Drains

§587. Milk Products Plant Floor Drains.

History

In accordance with the requirements of Section 33768 of the Food and Agricultural Code, floor drains or sewage drains with exposed pipes within any product processing or packaging room or any room where processing or clean packaging equipment is handled or kept, shall be constructed in a leak-proof manner. Screw-joint pipe and no-hub-band joints, when correctly installed, are considered leak-proof. Pipe supports shall be installed to maintain pipe alignment. Bell-hub joints shall be completely enclosed with a metal sheeting sloped sufficiently toward an outlet in the sheathing at floor level to readily detect leakage in the drainage or sewer pipe, and shall be of such construction as to permit removal of the sheathing for repairing any leakage that might occur in the drainage or sewer pipe line or sealed in a manner acceptable to the Director.

HISTORY

1. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

Article 21. Milk Inspection Services

§588. Milk Inspection Advisory Committee.

Note • History

The purpose of the Milk Inspection Advisory Committee (committee) shall be to advise the Department on the administration of all provisions in Chapter 4 (Inspection Services) of Division 15 of the California Food and Agricultural Code (FAC).

(a) Committee Members: Pursuant to FAC Section 33086, the committee shall consist of seven members that represent dairy producers, milk products plants, approved milk inspection services and the public generally. The committee shall have three members representing milk products plants, two representing producers, one representing Approved Milk Inspection Services personnel and one public member. Except for those representing Approved Milk Inspection Services and the public, members shall be persons licensed or permitted under the authority of Division 15 of the FAC. The public member shall be a citizen and resident of California who is not subject to the licensing requirements of Division 15 of the FAC, and who has no financial interest in any person so licensed. Each committee member shall have one vote.

(b) Terms of Office: The term of office for committee members shall be three years. Upon initial implementation, the seven member committee shall consist of three members appointed for a term of three years, two members appointed for a term of two years, and two members appointed for a term of one year. Thereafter, the appointments shall be for a term of three years, and no member may be appointed for more than two three-year terms. Vacancies shall be filled to complete the duration of an unexpired term.

(c) Election of Officers: The committee may elect a chairperson and other officers from among the members as it deems advisable.

(d) Filling of Vacancies: Committee vacancies will be announced by public notice soliciting nominations for consideration by the Secretary. Public notice will include mailings and/or electronic messaging to major dairy industry organizations and a posting on the Department's web site. Public notice may also include a formal CDFA press release. A list of nominees will be provided to the Secretary for consideration. Final committee appointees will be required to complete a formal Oath of Office.

(e) Selection of the Public Member: The committee shall submit to the Secretary the names of three or more natural persons as nominees for appointment by the Secretary as a public member of the committee. The Secretary may appoint one of the nominees as the public member. If all nominees are unsatisfactory to the Secretary, the committee shall continue to submit lists of nominees until the Secretary has made a selection. Any vacancy in the office of the public member of the committee shall be filled by appointment by the Secretary from the nominee or nominees similarly qualified submitted by the committee. The public member of the committee shall represent the interests of the general public in all matters coming before the committee and shall have the same voting rights as other members of the committee.

(f) Meetings: The committee shall meet at the call of its chairperson or the Secretary, or at the request of any three members. The committee shall meet at least once per year.

NOTE

Authority cited: Sections 407, 33085, 33086 and 33087, Food and Agricultural Code. Reference: Sections 33085, 33086 and 33087, Food and Agricultural Code.

HISTORY

1. New section filed 1-23-2012; operative 2-22-2012 (Register 2012, No. 4).

§590. Registered Dairy Inspector.

History

In accordance with the provisions of Food and Agricultural Code Sections 33112 and 33114, provisions for examinations will be as follows:

(a) Written examinations will be scheduled in Sacramento, Oakland, Fresno, and Los Angeles semi-annually. The examination time and date will be set at least 60 days prior to the examination. If proof of hardship is offered, the Director may give special examinations at other times.

(b) Applications for registration must be made on forms available from the Department of Food and Agriculture, and must be filed with a non-returnable fee of ten dollars ($10 with the Department of Food and Agriculture no later than 15 days prior to the date of examination.

(d) A non-returnable examination fee of twenty five dollars ($25) shall be paid to the Department of Food and Agriculture before or at the time and place of examination.

(e) The oral examination shall be conducted by a panel selected by the Director.

(f) A copy of the college transcript of record shall accompany the application for persons not employed as Dairy Inspectors as of March 1, 1973.

HISTORY

1. New section filed 3-29-73; effective thirtieth day thereafter (Register 73, No. 13).

§598. Milk Inspection Services.

History

Any unit of government desiring approval of a milk inspection service shall make application for approval in writing to the Director of Food and Agriculture of the State of California. Upon receipt of said application, the said Director of Food and Agriculture shall issue a certificate of approval to the milk inspection service, provided, such approval may be withdrawn should the milk inspection service later become inefficient or fail to carry out the requirements of the Food and Agricultural Code or Administrative Code as they apply to Approved Milk Inspection Services.

No withdrawal of approval shall be made until the Director of Food and Agriculture has given written notice to the inspection service involved. Such inspection service shall have 30 days to file a written request for a hearing with the Director of Food and Agriculture. No withdrawal of approval shall be made before the expiration of 30-day period granted to file a written request for a hearing, or before completion of such requested hearing.

HISTORY

1. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

2. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§599. Conditions of Approval.

Note • History

To secure and hold such approval a milk inspection service must:

(a) Provide a sufficient force of qualified inspectors, under the general direction of a licensed physician, and sufficient laboratory facilities to enforce any and all laws and regulations relating to graded milk and cream. Arrangements may be made with a person or firm, approved by the Director of Food and Agriculture, to do bacteriological and other laboratory work.

(b) Personnel making laboratory analyses as provided for in Section 32503 of the Food and Agricultural Code must have taken an examination for a certificate of proficiency in analysis of milk and milk products as given by a representative of the Department of Food and Agriculture and passed with a grade of at least 75 percent. This certificate may be revoked for cause and is automatically revoked when the holder becomes inactive in laboratory milk control work for two years.

(c) Provide for the examination of cattle producing milk to be sold in or from its jurisdiction. Examination shall consist of observations for manifest evidence of diseases such as enlarged glands, mastitis, pyometra, tuberculosis, open sores, ulcerated teeth, abscesses and/or any other condition which might affect the quality or safety of the milk.

(d) Maintain the standards for the various grades of market milk, market cream, and other fluid market milk products as established by the Food and Agricultural Code and the Administrative Code.

(e) Cooperate in holding official surprise milk scoring contests, surveys, or other related work, whenever requested to do so by a duly authorized representative of the Department of Food and Agriculture.

(f) Provide for the inspection of dairy farms producing manufacturing milk pursuant to Food and Agricultural Code Section 33322.

NOTE

Authority cited: Sections 407, 32503 and 33083, Food and Agricultural Code. Reference: Sections 32503, 33083 and 33322, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Amendment of subsection (b) and new subsection (f) filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

§600. Inspection.

Note • History

(a) Inspection of market milk shall consist of laboratory examinations of the products and adequate supervision of the equipment and methods of the various producers and distributors.

(b) Guidelines for the inspection of dairy farms producing manufacturing milk shall be those currently published by the United States Department of Agriculture entitled “General Instructions For Performing Farm Inspections According To The USDA Recommended Requirements For Milk For Manufacturing Purposes And Its Production And Processing For Adoption By State Regulatory Agencies.”

(c) For the purpose of this section and section 601; “producer” means any dairy farm described in section 32505 of the Food and Agricultural Code; “distributor” means any person that purchases or handles any milk, cream, or any dairy product for processing, manufacture, or sale in this state; “retail store” means any person that owns or operates a retail grocery store, restaurant, confectionery, or other similar business where milk, cream, or any dairy product is sold to the general public; and, “market milk product” means any uncultured milk product with a standard of composition requiring fluid market milk or any derivative of market milk.

NOTE

Authority cited: Sections 407 and 33083, Food and Agricultural Code. Reference: Sections 33321, 33322 and 36331, Food and Agricultural Code.

HISTORY

1. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

§601. Laboratory and Field Examinations of Market Milk and Market Milk Products.

Note • History

(a) During any six months the following samples shall be taken: (The term “during any six months” is considered to be the six months preceding the month in which the last sample was taken.)

(1) From each producer, at least four samples of raw market milk for pasteurization;

(2) From each milk plant after receipt from producers, at least four samples of raw market milk for pasteurization prior to pasteurization;

(3) From each milk plant, or as an alternative, from vehicles operated by the milk plant, at least four samples of each market milk product processed in the plant;

(4) From each distributor handling market milk products processed outside of any Approved or Established Inspection Service area, at least four samples of each product handled;

(5) From each distributor whose market milk products are distributed outside of an Approved or Established Inspection Service area where the products were processed, at least two samples of each such product handled;

(6) Samples required by (4) and (5) above may be taken from the vehicle delivering the products or from the retail store handling the products.

(b) Samples of market milk and market milk products shall be taken periodically from retail stores. Except where conditions warrant, the frequency of sampling separate brands of packaged products shall not exceed four times in six months. Samples shall be taken in all cases where a complaint is received regarding the condition of the products handled by the store.

(1) Standard plate count, coliform count, laboratory pasteurized count, antibiotics, screening and confirmatory methods for the detection of abnormal milk, and examinations for extraneous sediment, on each producer's raw milk;

(2) Standard plate count and temperature tests on all milk plant samples of raw milk for pasteurization;

(3) On all market milk products sampled under (a)(3) and (a)(4) above, where there are applicable standards, standard plate count, coliform count, fat, solids not fat, phosphatase, temperature, and antibiotics. Only standard plate count and temperature tests are required on samples taken under (a)(5), and (b) above.

(4) Tests for added water or other adulterations shall be routinely performed with such frequency as to assure the fluid milk product to be free from adulterants, but not less than once each quarter.

(5) Participation in all nuclear emergency response activities with the sampling of milk and submission of such milk samples to the appropriate laboratories when deemed necessary by federal and state agencies responsible for radiological monitoring.

(d)(1) Procedures for the collection and holding of samples; the selection and preparation of apparatus, media and reagents; and the analytical procedures, incubation, reading and reporting of results, shall be in substantial compliance with those procedures found in Standard Methods for the Examination of Dairy Products of the American Public Health Association and the Official Methods of Analyses of the Association of Official Analytical Chemists.

(2) In addition to the general provisions, the following procedures found in the above-mentioned documents shall be those specified for:

(A) Standard Plate Count at 32oC.

(B) Simplified method for viable counts of raw milk at 32oC.

(D) Bacillus Stearothermophilus Disc Assay Method for drug residues in producer raw milk sampled at the farm and commingled raw milk after receipt at the plant.

(E) Bacillus Stearothermophilus Disc Assay Method for drug residues in market milk, market milk products, manufacturing milk and manufactured milk products.

(F) Bacillus Subtilis Disc Assay Method for raw goat milk, goat milk and goat milk products.

(G) American Public Health Association or Association of Official Agricultural Chemists phosphatase tests.

(H) California Mastitis Test as a screening method for abnormal milk followed by a microscopic or an electronic cell counting procedure to confirm excessive screening results.

(e) Samples specified in subsection (a)(1) shall be analyzed by an official laboratory or a laboratory designated by the director. Any designation shall be permissive and may be revoked by the director. In making designations, the director shall be governed by the following requirements:

(1) Samples may be taken by dairy inspectors or persons licensed under Food and Agricultural Code Sections 35161 or 35163. The taking, caring, and analysis of the samples shall be in compliance with the requirements of Section 601, subsection (d).

(2) Analyses shall be performed by persons having successfully passed applicable portions of the Examination for Certificate of Proficiency in the Analysis of Milk and Milk Products as provided for in Section 599(b).

(3) Designated laboratories shall participate in all Bureau of Milk and Dairy Foods Control laboratory split sample surveys for applicable analyses.

(4) In a series of samples of raw market milk for pasteurization which indicate the possibility of degrade, the director or Approved Milk Inspection Service shall take and analyze the second sample for degrade and all samples necessary for reinstatement; however, if the director or Approved Milk Inspection Service obtains three consecutive legal counts, industry may resume sampling and analyzing until an illegal count is found.

(5) The director or Approved Milk Inspection Service shall take all samples and make all analyses which may involve other legal action or condemnation of the product.

(6) The permissive utilization of industry sampling and analyses is limited to individual producer milk. The director in designating laboratories shall stipulate the analyses which may be performed by industry laboratories.

(7) State Dairy Inspectors and representatives of Approved Milk Inspection Services shall resolve any infractions of subsection (e)(1). If they are unsuccessful, they shall file a report with the director outlining all deviations and attempts at rectification.

(8) In the event of any conflict between designated laboratories and laboratories maintained by official agencies, the findings of official laboratories will prevail.

(9) On completion of analyses, the designated laboratories will immediately convey the analytical findings to the director or his representative or Approved Milk Inspection Service having jurisdiction of the dairies.

NOTE

Authority cited: Sections 407, 32761.5 and 32733, Food and Agricultural Code. Reference: Sections 32761.5, 32731, 32733 and 33083, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

3. Amendment filed 5-7-68; effective thirtieth day thereafter (Register 68, No. 18).

4. New subsection 5, filed 10-19-70; effective thirtieth day thereafter (Register 70, No. 43).

5. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

6. Amendment of subsections (d)(2)(D)-(F) filed 1-30-95 as an emergency; operative 1-30-95 (Register 95, No. 5). A Certificate of Compliance must be transmitted to OAL 5-30-95 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 1-30-95 order transmitted to OAL 5-26-95 and filed 7-11-95 (Register 95, No. 28).

§602. Frequency of Inspections.

History

(a) Dairy farms shall be inspected at least six times a year. Pasteurizing plants shall be inspected at least once every month. Plants of producer-distributors of raw milk shall be inspected at least once each month. Visits of inspectors shall be unannounced and at irregular intervals.

(b) An official scoring shall be made at least once each six-month period for dairy farms, and at least once each three-month period for processing plants and premises where raw milk is bottled. The market milk permit and one copy of the most recent official score shall be immediately available at the milk plant or dairy on request of the Dairy Inspector. An identical copy of the official score shall be on file with the records of the inspection agency for not less than one year.

(c) Pasteurizing equipment shall be tested initially on installation, and at least once each three months thereafter, and whenever any alteration or replacements are made which may effect the proper operation of the installation or device, except that the holding-time test may be made semiannually if no alterations or replacements have been made on the flow-promoting devices since the last test. The test shall include:

(1) Indicating thermometers, for temperature accuracy;

(2) Recording thermometers, for time and temperature accuracy;

(3) Leak-protector valves, for leakage;

(4) Flow-diversion valve to

(A) Confirm cut-in and cut-out temperature,

(B) Confirm correct assembly and function;

(5) Thermometric response

(A) HTST (High Temperature Short Time) indicating thermometer,

(B) Flow-diversion valve controller;

(6) HTST auxiliary equipment

(A) Function of automatic-controller devices (booster pump, ratio-controller, etc.),

(B) Accuracy of pressure gauges,

(7) HTST system

(A) Holding time,

(B) One foot static head pressure on pasteurized milk in regenerator.

(d) A record of the tests shall be left with the plant manager and an identical copy shall be on file with the records of the inspection agency for not less than one year.

(e) Equipment manufactured and installed in conformity with the 3-A Sanitary Standards and Practices for Batch and High Temperature Short Time Pasteurizers complies with the term “approved and properly operated equipment” used in Section 34001 of the Food and Agricultural Code. Note, 3-A Sanitary Standards and Practices for Dairy Equipment are promulgated jointly by the Sanitary Standards Subcommittee and the Dairy Industry Committee (Milk Industry Foundation and Dairy and Ice Cream Machinery Supply Associations), the Committee on Sanitary Procedure of the IAMFES (International Association of Milk, Food, and Environmental Sanitarians, Inc.), and the Dairy Sanitation Section of the Public Health Service, Food and Drug Administration, Department of Health, Education, and Welfare. 3-A Sanitary Standards and Practices are available from IAMFES, Inc., P. O. Box 701, Ames, Iowa 50010.

HISTORY

1. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

2. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17)

§603. Communicable Diseases. [Repealed]

History

HISTORY

1. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§604. Laboratory Results.

Each dairy or distributor, as the case may be, of milk and cream shall be kept informed of the results of the laboratory examination of their individual products when such results indicate the product fails to comply with legal standards.

§604.1. Confirmation of Compliance Testing on Finished Fluid Milk Products.

Note • History

(a) When analyses of finished fluid milk products are made by mid-infrared instrumentation, the Department shall, before any action for failure to comply with the standards of composition established by sections 35784, 38181, 38191 and 38211 of the Food and Agricultural Code, have analyses confirmed by the methods listed in this section. The AOAC Official Method numbers indicated below refer to methods outlined in the 18th Edition of the Official Methods of Analysis of the Association of Official Analytical Chemists International, which is incorporated by reference.

(1) Fat in Milk, Modified Mojonnier Ether Extraction, AOAC Official Method 989.05

(2) Solids (Total) in Milk, By Direct Forced Air Oven Drying, AOAC Official Method 990.20

(3) Solids-Not-Fat in Milk, AOAC Official Method 990.21

(b) To determine compliance with legal standards of composition, the final analytical results (lab value) from confirmation methods listed in this section shall have an expanded uncertainty value applied as follows:

(1) Fat results on milk, reduced fat milk, lowfat milk and nonfat milk will have an expanded uncertainty value of + 0.03 percent fat applied to the lab value.

(2) Total Milk Solids (TS) results on milk will have an expanded uncertainty value of + 0.07 percent solids applied to the lab value.

(3) Solids Not Fat (SNF) results on milk, reduced fat milk, lowfat milk and nonfat milk, will have an expanded uncertainty value of + 0.07 percent solids applied to the lab value.

(c) Written complaints sent to the Department objecting to a final analytical result used to determine compliance with legal standards of composition shall be kept on file with a copy of that final analytical result for two years.

NOTE

Authority cited: Sections 407, 34231 and 34261.5, Food and Agricultural Code. Reference: Sections 34202, 34261, 34262, 34263, 34264, 34265 and 34301, Food and Agricultural Code.

HISTORY

1. New section filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12). For history of former section, see Register 73, No. 13

2. Amendment of section heading, repealer and new section and amendment of Note filed 2-15-2007; operative 3-17-2007 (Register 2007, No. 7).

§605. Publications.

All publications or public statements relating to the quality of milk or cream, or the condition of dairies or milk plants, shall be expressed in terms of percentage, 100 percent being considered perfect. In rating milk or cream this percentage shall be based upon an average of results obtained by the examination of at least four samples taken at intervals of at least a week. The method used for computing milk scores for publication shall be approved by the Department of Food and Agriculture of the State of California.

§606. Dairy Farm Follow-Up Inspection Fees.

Note • History

(a) Effective January 1, 2008, in accordance with sections 32814 and 33294 of the Food and Agricultural Code, the fees for follow-up dairy farm inspection activities conducted by the Department, are as follows:

(1) $140 for each rescore of a dairy farm, conducted after a score below the minimum legal requirements of sections 35861 and 35891, pursuant to sections 36091 or 36092 of the Food and Agricultural Code.

(2) $100 for each on-farm inspection for compliance with, or reinstatement after, the issuance of an Official Order, Form 72-094 (Rev. 02/04), which is incorporated by reference, for any of the following violations:

(A) A violation that is to be corrected within 72 hours pursuant to section 33551 of the Food and Agricultural Code;

(B) Immediate restricted use, exclusion or condemnation of milk or cream pursuant to sections 32761, 33453 or 33552 of the Food and Agricultural Code.

(3) $90 for each milk sample collected pursuant to section 36123 or 33581 of the Food and Agricultural Code for milk not meeting bacteria, coliform, temperature, or somatic cell count standards.

(4) $60 for each water sample collected from a water supply not meeting sanitary standards pursuant to section 33515 of the Food and Agricultural Code

(5) $150 for each on-farm investigation of antibiotic residues pursuant to section 32814 of the Food and Agricultural Code.

(b) Pursuant to section 33292 of the Food and Agricultural Code, milk products plants shall deduct the above fees from payments which are due producers for milk and shall pay to the Department the fee required to be paid by the producer.

NOTE

Authority cited: Sections 407 and 33294, Food and Agricultural Code. Reference: Sections 32506, 32761, 32761.5, 32794, 32814, 33292, 33294, 33296, 33451, 33453, 33515, 33551, 33581, 33552, 35781, 35861, 35891, 35924, 36091, 36092 and 36123, Food and Agricultural Code.

HISTORY

1. New section filed 12-20-2007; operative 12-20-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 51). For prior history, see Register 73, No. 13.

§607. Buttermilk.

Note • History

Within the requirements of Food and Agricultural Code Section 38542(f), buttermilk labeling bearing any of the following information is false and misleading:

(a) If any design, picture, symbol or illustration showing a churn is used, and the product is not in its entirety the residue of the churning process;

(b) If the term “churned” is used and the buttermilk is not in its entirety the residue of the churning of cream, with or without the addition of cultured milk or cultured skim milk, in the process of buttermaking.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Section 38542(f), Food and Agricultural Code.

HISTORY

1. New section filed 5-7-75; effective thirtieth day thereafter (Register 75, No. 19). For history of former section, see Register 56, No. 18.

§607.5. Grade A Condensed of Dry Milk Products.

Note • History

(a) Nonfat dry milk labeled for Grade A use shall be “Extra Grade” as defined in Section 38424 of the Food and Agricultural Code.

(b) Each container of condensed skim milk or nonfat dry milk made from pasteurized market milk shall be labeled with:

(1) The name and address of the manufacturer or distributor;

(2) The name and grade of the product; the grade shall be identified as “Grade A” or “Made from Grade A milk”;

(3) The word(s) “Pasteurized” or “Made from pasteurized milk”;

(4) The name of the inspection agency which supervises the manufacturing process. If the name and address of the manufacturer is used, it shall be preceded by the words “Manufactured by.” If the name and address of the distributor is used, it shall be preceded by the words “Distributed by.” The words “Manufactured by Plant 06-____” (the blank to be filled in with the plant number of the manufacturer) shall be included in the label with the name or address differs from the name and address of the plant where the product is made.

NOTE

Authority cited: Sections 407, 32912(c) and 38430, Food and Agricultural Code.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

§608. Ungraded Milk. [Repealed]

History

HISTORY

1. Repealer filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§609. Special Designations. [Repealed]

History

HISTORY

1. Repealer filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§610. Use of Breed Designations in Labeling of Market Milk and Milk Products. [Repealed]

Note • History

NOTE

Authority cited: Section 16, Agricultural Code. Reference: Sections 32510, 32511, 32512, and 38211, Food and Agricultural Code.

HISTORY

1. Amendment filed 8-29-66; designated effective 12-1-66 (Register 66, No. 29).

2. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

3. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§611. Examining Physician.

History

In accordance with the provisions of Sections 35862 and 35892 of the Food and Agricultural Code, any regularly licensed physician is approved to conduct physical examination of persons coming in contact with Grade “A” raw milk.

HISTORY

1. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§612. Physical Examinations.

Such physical examination shall include:

(a) Chest examination for tuberculosis with X-ray when indicated by chest findings.

(b) Examination of skin for communicable diseases and any open lesions etc.

§613. Laboratory Examinations.

The laboratory examination shall consist of the following:

(a) Nose and throat cultures for diphtheria and streptococcus.

(b) Sputum for tuberculosis.

§614. Procedure for Physical Examinations.

Note • History

All persons coming in contact with Grade “A” raw milk, or Grade “A” raw cream, who, through the provisions of Section 35892 of the Food and Agricultural Code are subject to the physical and laboratory examinations, may be physically examined by their own physician and may go to the nearest laboratory for the laboratory examinations. Bacteriological examinations must be made by a laboratory approved by the State Department of Health.

NOTE

Authority cited: Section 35892, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§615. Specimen Examinations.

Any person who resides at a great distance from an approved laboratory may have specimens for examination forwarded to the nearest laboratory by the physician giving the physical examination.

§616. Miscellaneous. [Repealed]

History

HISTORY

1. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§617. Cow Clipping. [Repealed]

Note • History

NOTE

Authority cited: Sections 407 and 35601, Food and Agricultural Code. Reference: Sections 33523 and 35601, Food and Agricultural Code.

HISTORY

1. Amendment filed 10-19-70; effective thirtieth day thereafter (Register 70, No. 43).

2. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

3. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

4. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§618. Mechanical Capping.

Note • History

The reference to mechanical capping in Section 34591 of the Food and Agricultural Code, is construed to mean that bottle caps must be applied to bottles by mechanical means as well as said bottles being capped by mechanical means. Application of caps to milk bottles by hand is not considered to be by mechanical means and is therefore prohibited.

NOTE

Authority cited: Section 34591 Food and Agricultural Code.

HISTORY

1. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§619. Milk Filters.

History

Filter cotton or single service strainer cloths shall be at all times kept in containers that will afford proper protection. The containers shall be constructed so as to permit dispensing the filters with a minimum amount of contact with human hands. Milk or cream, when filtered, shall be filtered with a single service filter, only.

HISTORY

1. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§620. Status of Market Milk Dairies. [Repealed]

History

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§621. Bulk Milk Dispensers.

History

Milk cans for use in connection with bulk milk dispensers must be (1) constructed so that the tube is contained in a pocket or cup which protects the tube against contamination or (2) the side of the can nearest to the outlet on the bottom must be supplied with a metal channel or shield for insertion of tube for protection. Other type of containers for bulk milk dispensers must be approved by the director. Cans with the tube coiled on the bottom of the can are not of an approved type. All cans must be sealed in the milk plant where filled and the tube when placed on the can, must be protected by covering, such as pliofilm, plastic, or other suitable material, to protect the tube in transit from the milk plant to the place of serving. When the milk can is empty and removed from the dispensing cabinet, the seal must be broken, and the container rinsed and drained.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§622. Protection of Water Supplies in Dairies and in Milk Products Plants.

History

No cross-connections may be installed between a safe water supply and any unsafe or questionable water supply. Submerged inlets into an unsafe or questionable water supply must be avoided unless such submerged inlets are installed in a manner to prevent back siphonage.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

§623. Personal Cleanliness.

Note • History

No employee of any dairy or milk products plant shall resume work after using the toilet room without having washed his hands. The Milk and Dairy Food Safety Branch or Approved Milk Inspection Service shall cause to be placed a sign in each toilet bearing the context of this requirement.

NOTE

Authority cited: Sections 407 and 33083, Food and Agricultural Code. Reference: Sections 33777 and 33782, Food and Agricultural Code.

HISTORY

1. New section filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

3. Change without regulatory effect amending section and adding Note filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

§624. Vitamins and Minerals Added to Milk or Milk Products.

Note • History

(a) Vitamins and minerals, or either, may be added to milk or milk products only upon permit of the Director and in accordance with the manner and method approved in said permit. Applications for such permit shall include:

(1) A complete description of the method to be used and the kind and amount of vitamins and/or minerals to be added, and an agreement that the vitamins and/or minerals will be so added only in accordance with the direction of the supplier thereof;

(2) A copy of the supplier's directions;

(3) A statement of the type of storage facilities to be used for storage of the vitamins and/or minerals and the storage of premixed solutions; and

(4) A statement of the types of measuring devices to be used.

(b) Each permittee shall maintain a daily record of the volume of vitamin and/or mineral fortified milk products processed by him and the daily quantity of vitamins and/or minerals added to said daily volume. Said record shall show the kinds and amounts of vitamins and/or minerals added during each day's operations and the signature of the person who adds the vitamins and/or minerals. The record of each entry shall be maintained for at least 60 days and shall be made immediately available to the Director and the applicable approved milk inspection service upon request.

(c) Vitamins and/or minerals may be added only to the final milk product after standardization. Vitamins and/or minerals may not be added to milk in bulk storage tanks unless all the milk therein is to be packaged as vitamin and/or mineral fortified milk, without further standardization.

(d) The permit and complete description of the method, kind and amount of vitamins and/or minerals added as required by subsection (a) of this section shall be kept posted in a conspicuous place in the milk products plant readily accessible to the personnel responsible for making the vitamin and/or mineral additions.

Said permit may be revoked or suspended by the Director after a hearing to show cause for such action.

NOTE

Authority cited: Section 35751, Food and Agricultural Code.

HISTORY

1. New section filed 6-11-64; effective thirtieth day thereafter (Register 64, No. 13).

2. Amendment of subsection (a) filed 4-25-75; effective thirtieth day thereafter (Register 75, No. 17).

§625. Somatic Cell Counts.

Note • History

(a) Tests for the presence of excessive numbers of somatic cells in milk shall be made routinely, using the direct microscopic or electronic somatic cell count procedures as described in the Standard Methods for the Examination of Dairy Products, 17th Edition (2004), of the American Public Health Association, which is incorporated by reference, at a frequency of not less than four examinations in each continuing six-month period.

(b) The maximum somatic cell count in market milk is 600,000 cells per milliliter (ml) for cow milk and 1,500,000 cells per ml for goat milk. Whenever tests indicate raw market milk exceeds the maximum somatic cell count, as determined by a direct microscopic somatic cell count or electronic somatic cell count, the restricted use procedure as outlined in Food and Agricultural Code section 36123 shall be followed.

NOTE

Authority cited: Sections 407, 35781 and 36601, Food and Agricultural Code. Reference: Sections 32509, 32510, 32511, 32731, 32761, 35602, 36123 and 36331, Food and Agricultural Code.

HISTORY

1. New section filed 6-3-70; effective thirtieth day thereafter (Register 64, No. 13).

2. Amendment of section and Note filed 7-13-2009; operative 8-12-2009 (Register 2009, No. 29).

§626. Market Milk Temperature Requirements.

Note • History

(a) This section provides temperature requirements for market milk, and includes within that definition the following market milk products: milk, low fat milk, skim milk, flavored milk, cream, and half and half.

(b) Market milk shall be promptly cooled to 45oF., or below, at the time of processing and shall be so maintained at all times while it is in commerce, i.e. until it is delivered to the retail purchaser.

(c) This section shall not apply to (1) market milk intended for home delivery while so enroute from a distributor's licensed premises, and (2) to market milk after delivery for consumption on the premises.

(d) The temperature of market milk in commerce when packaged in containers shall be determined by a representative sampling of the lot of containers. A lot is defined as any group of containers of the same size, product, and brand assembled in one place. From the lot, five sample containers shall be selected at random. The temperature of the milk in each container shall be measured in Fahrenheit degrees, the results totaled and divided by five to provide the average temperature. If the average temperature is 45oF., or less, the lot shall be passed, provided, however, any container within the lot found to contain market milk of 50oF., or over, shall be excluded from sale. An average temperature of the lot above 45oF. shall be a violation of this section.

(e) The requirements of this section shall become effective on November 1, 1973.

NOTE

Authority cited: Sections 407 and 35757, Food and Agricultural Code.

HISTORY

1. New section filed 10-5-72; effective thirtieth day thereafter (Register 72, No. 41).

§627. Quality Assurance Date.

History

(a) Except as otherwise provided in Food and Agricultural Code Section 36004(c), the licensed milk products plant which bottles or packages the following products shall be responsible for affixing the quality assurance date to all containers which are offered for sale to the consumer by a retail store: market milk, market cream, skim or non-fat milk, half and half, sour cream, sour cream dressing, low-fat milk, flavored milk, flavored dairy drink, yogurt, concentrated milk, concentrated skim milk, acidophilus milk, buttermilk and cultured buttermilk, cottage cheese, creamed cottage cheese, homogenized creamed cottage cheese spread, and partially creamed or low-fat cottage cheese.

(b) The quality assurance date shall be readily identifiable by the consumer. If a numerical sequence of months and days is used, it may not be located on the container with other numbers such as factory license number or lot numbers unless such other numbers are clearly identified. If the quality assurance date is used with unidentified code numbers, the date shall be at least the first three letters of the month followed by the day of the month.

The date shall be not less than 3/16” in height, except that it may be reduced to not less than 1/8” in height when applied to the cap area of a container. The date shall contrast with the background by color or clearly legible imprint.

Any means of conveying the quality assurance date shall be so affixed as to insure legibility of any other required information.

(1) Glass, rigid plastic, or fiber board: (A) Embossed, imprinted, or overlaid in fine, clearly visible lettering on the cap or container; (B) heat or pressure-sensitive seal; (C) collar or tag.

(2) Plastic bags: (A) Heat or pressure-sensitive seal; (B) upper or lower seal margin; (C) overlay in fine, clearly visible lettering.

(3) Gable-topped rectangular containers: (A) On informational panel; (B) upper flat margin above gable.

(4) Flat top, rectangular carton: (A) On informational panel; (B) flat panel or margin of top.

(5) Tetrahedral: (A) Informational panel; (B) sealed ends; (C) embossed, imprinted, or overlaid in fine, clearly-visible lettering.

(d) Nothing in this Section shall preclude the removal by the Director of any or all of the involved products from sale prior to the expiration of the quality assurance date if analysis indicates that the product fails to meet applicable bacterial standards.

(e) Deviations from the location of the date of the quality assurance date or the manner of declaring the date, as noted above, may be made only with written permission of the Director.

HISTORY

1. New section filed 3-29-73; designated effective 7-1-73 (Register 73, No. 13).

Article 22. Permanent Market Milk Dairy Buildings

§645. Permanent Market Milk Dairy Buildings.

Note • History

In accordance with provisions of Sections 33481 through 33486 of the Food and Agricultural Code, the following regulations relating to the sanitary requirements and standards of the construction of market milk dairy buildings have been established by the Secretary of Food and Agriculture.

(a) “Secretary” means the Secretary of Food and Agriculture.

(b) Plans and specifications for market milk dairy buildings shall be submitted to the Secretary for approval prior to construction.

(c) Plans shall show elevations and detail to insure with certainty compliance with provisions of the California Code of Regulations, Uniform Building Code (1991 Edition), National Electrical Code (1990 Edition) and National Plumbing Code (1991 Edition).

(d) All deviations from the minimum requirements and from approved plans and specifications may be made only after written approval of the Secretary.

(e) Nothing in these regulations shall be construed as abrogating the provisions of Division 13, Part 3, of the Health and Safety Code (Riley Act).

NOTE

Authority cited: Sections 407 and 33481, Food and Agricultural Code. Reference: Sections 33481, 33484 and 33486, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission on 8-18-71.

3. Amendment of section and new Note filed 11-9-95; operative 12-9-95 (Register 95, No. 45).

§646. Site.

Note • History

(a) The milking barn and milk house shall be located in a place free from contaminating surroundings.

(b) Feed racks, calf, bull, hog, and poultry pens, horse stables, horse corrals, and shelter sheds shall not be located closer than 100 feet from the milk room or 50 feet from the milking barn.

NOTE

Authority cited: Sections 407 and 33481, Food and Agricultural Code. Reference: Sections 33482, 33483 and 33486, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

3. Repealer of subsection (b), subsection relettering, amendment of newly designated subsection (b) and new Note filed 11-9-95; operative 12-9-95 (Register 95, No. 45).

§646.1. Surroundings, Corrals and Ramps.

Note • History

Dirt or unpaved corrals, or unpaved lanes, shall not be located closer than 25 feet from the milking barn or closer than 50 feet from the milk house. Corral drainage must be provided. A minimum of 3 percent slope shall be maintained in unpaved corrals where the available space for each animal is 400 square feet or less. The slope in areas more than 400 square feet per animal may be reduced proportionately to not less than 1 1/2 percent at 800 square feet or more per animal. Deviations from the corral slope requirements, permissible under the authority of Section 33482 of the Agricultural Code, shall not be made without written permission from the director. The deviation request must be supported with evidence the proposal will result in comparable drainage.

A paved (concrete or equivalent) ramp or corral shall be provided to allow the animals to enter and leave the milking barn. This paved area shall be curbed (minimum of 6 inches high and 6 inches wide) and sloped to a drain. Cow washing areas shall be paved (concrete or equivalent) and sloped to a drain. The perimeter of the area shall be constructed in a manner that will retain the wash water to a paved drained area. Paved access shall be provided to permanent feed racks, mangers, and water troughs. Water troughs shall be provided with: (1) a drain to carry the water from the corrals; (2) pavement (concrete or equivalent) which is at least 10 feet wide at the drinking area.

The cow standing platform at permanent feed racks shall be paved with concrete or equivalent for at least 10 feet back of the stanchion line.

NOTE

Authority cited: Sections 407 and 33481, Agricultural Code. Reference: Sections 33481 through 33486, Agricultural Code.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§647. Elevations.

History

Floor level elevations of all structures shall be at least 15 inches above surrounding ground level and shall facilitate carrying drainage for at least 50 feet from the milking barn and at least 100 feet from the milk house. In lieu of natural drainage, automatic pumps or other satisfactory means shall be provided for disposal of drainage. Disposal of drainage shall not be in violation of law.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§648. Milk Room.

Note • History

(a) General Provisions.

The milk room shall be located under the same roof (extended) as the milking barn.

The milk room shall consist of one or more rooms for the care of the milk and the cleaning, sterilizing, and storage of milk handling equipment. Hot and cold running water outlets shall be installed in each room. If the door into the milk room is provided on any side other than the barn side, the area leading from the barn to the door shall be roofed and a curbed, drained, concrete walkway provided.

The minimum distance between a farm tank and the wash trays shall be 5 feet. The minimum distance between any farm tank or farm tank appurtenance and the other milk room walls or ceiling shall be 2 feet. The distance from tank to wall may be reduced to 6 inches when the farm tank is bulkheaded no more than 36 inches into the milk room.

A one-room milk room shall meet the following requisites: (1) a farm tank for the storage of milk; (2) a pipeline for conveying milk from the cows or goats to the farm tank.

(b) Passageway.

When the milk room and the milking barn are under the same roof, a passageway to permit entry to the milking barn is permissible. The passageway shall provide not less than a 3-foot clearance for ingress and egress and have ceiling or roof ventilation.

Equipment such as milk receivers, filters, or coolers which are part of an enclosed milk line system may be installed in the passageway under the following conditions: (1) a 3-foot clearance is allowed for walkway; (2) sufficient space is provided between walls and equipment to permit disassembly for cleaning or inspection of equipment, walls, floor; (3) Passageway walls shall be finished in a manner similar to the milk room. The passageway may be structurally closed at one end. The barn may be separated from the passageway by a pipe rail fence. If the slope of the barn floor is toward the passageway, a concrete wall of at least 12 inches in height shall be provided. Rustless pipesleeves with tight fitting flanges and protective closures shall be installed where the milk lines, hoses for tankers, and wash lines go through the walls or stationary doors. Delivery of milk from the passageway or barn into the milk room shall be by sanitary milk lines.

The floors of the milk room, and passageway if provided, shall be constructed of concrete at least 4 inches thick, or other suitable material approved by the Secretary, troweled smooth with a true slope. The milk room floor shall slope at least 1/4 inch per foot to a vented trapped drain. The passageway floor shall slope at least 1 inch in 10 feet toward a drain or gutter. A 2-inch minimum radius cove is required at all floor and wall junctions. The cove shall be an integral part of the floor. A sand or rock cushion of at least 6 inches shall be placed under concrete floors on soils other than sandy loams. All concrete floor slabs shall be reinforced with a minimum #6 x #6/10 x 10 steel mesh or other reinforcement material of equal or greater strength.

(d) Walls and Ceilings.

(1) All walls and partitions shall be of concrete or masonry to a height of not less than 8 inches above the floor. The milk and washroom walls, partitions, and ceilings shall be finished smooth with waterproof cement plaster or masonry (tile). Portland cement type sheeting, fiberglass sheathing or metal sheathing that has been made corrosion and rust resistant may be used for the inside finish of the walls (above 8 inches) and ceiling provided such sheeting is smooth and installed with firm backing and sealed joints. Where masonry or concrete block construction is used, all voids below the floor line shall be filled with concrete.

(2) Main ceiling height shall be at least 9 feet above the floor but in no case less than the height of the farm tank plus 2 feet. Ceiling may follow rafters to the plate which shall be not less than 7 feet 3 inches above the floor. If a cupola or light well is provided as an extension of the ceiling, there shall be at least 2 feet clearance surrounding the farm tank or any equipment extending into the area.

(e) Doors and Windows.

(1) Each room of the milk house shall have at least one glass window or other light-transmitting material. The total window area in each room shall be equivalent to at least 1/10 of the floor area. Window screens shall be standard 16-mesh and are required on all windows that open. Only stationary type windows may be installed on the barn side of the milk house.

(2) Exterior doors of the milk room shall open outward, be solid, self-closing, and tight fitting. Where the milk and washroom are separate, a swinging door or a door hinged to open into the washroom shall be installed between the milk room and the washroom. These doors shall be self-closing. Any door from a passageway shall be a solid type door, covered on both sides of the bottom half with a waterproof sheathing, and located as to lead into the wash-up area. Wooden door jambs or frames shall terminate 6 inches above the floor, and the concrete floor cove shall be extended to the jambs or frames.

(3) Artificial light shall be installed in each room to provide at least 30-foot candles of light at floor level. Light fixtures shall not be located over a bulk tank opening or wash trays.

(f) Ventilation.

Wall ventilators shall be installed horizontally not more than 10 inches or less than 4 inches above the floor in a one-room milk room and one in each room if more than one room is provided. The wall ventilators shall provide openings equivalent to 2 percent of the floor area. Metal framed vents with insect screening and closeable louvers shall be installed in wall-vent openings. Wall ventilators shall not be installed on the milking barn side of the milk room. Ceiling vents are required in the milk room. In the absence of forced draft ventilation, the ceiling vents shall be shafted to a stack type, rotary or directional vent which shall be at least 12 inches in diameter and of a height to properly ventilate the room and shall exclude dust, rain, birds, insects, and trash. Ceiling vents shall provide high ventilation equivalent to an opening of 2 percent or more of the floor area. Ceiling vent opening shall not be located above a bulk tank opening or wash trays. Oil or gas water heaters shall be vented to the outside and above the roof edge.

(g) Drainage.

Drainage from the milk house may be connected with the barn drainage or it may be independent. When a common drain system is used for the milk house and barn, the design of the system shall preclude back flow into the milk house under all conditions. Floor drains shall be vented, have a water trap, and a clean-out plug. All floor drains and pipes under milk house and barn floors shall have leak-proof connections and meet all applicable plumbing codes.

NOTE

Authority cited: Sections 407 and 33481, Food and Agricultural Code. Reference: Sections 33481, 33482, 33483, 33484 and 33486, Food and Agricultural Code.

HISTORY

1. Amendment filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71. For prior history, see Register 62, No. 4.

2. Amendment of section and new Note filed 11-9-95; operative 12-9-95 (Register 95, No. 45).

§649. Painting.

History

All inside woodwork shall be painted with a light-colored waterproof paint, or material acceptable to the Director.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§650. Tanker Loading or Washing.

Note • History

A minimum of 10 feet by 24 feet, paved, curbed, sloped to a drain, tanker-loading area shall be provided adjacent to the milk house where milk is transferred from a farm tank to a milk tanker. If a tanker is used in lieu of a farm tank, overhead protection shall be provided over the loading washing area.

NOTE

Authority cited: Sections 407 and 33481, Food and Agricultural Code. Reference: Sections 33481, 33482, 33483, 33484 and 33486, Food and Agricultural Code.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

2. Amendment of section heading and section and new Note filed 11-9-95; operative 12-9-95 (Register 95, No. 45).

§658. General Provisions.

History

All dairies producing market milk or market cream shall provide a milking barn which is sound, readily cleanable, and of sanitary construction. The building shall afford the proper working space and be constructed to admit sufficient light and ventilation.

HISTORY

1. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

3. Amendment filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§659. Milking Barn.

Note • History

(a) Slopes and Finishes.

(1) The floors, curbs, and gutters shall be constructed of concrete or other material acceptable to the Secretary. The floors and gutters, if of concrete or concrete base, shall be at least 4 inches thick. The floors, alleys, gutters, mangers, and curbs shall slope lengthwise at a minimum of 1 1/2 inches in 10 feet. The cow standing platform and litter alley shall slope at least 1 inch toward the gutter. The cow standing platform in the elevated stall type barn shall slope toward the wall at a minimum grade of 1 1/2 inches in 10 feet or this slope requirement may be eliminated with a flush system approved by the Secretary.

(2) A 2-inch minimum radius cove is required at all floor and wall junctions and shall be an integral part of the floor.

(3) The manger, if concrete, gutter and curbs when present, shall be finished smooth with a steel trowel. The cow standing platform, wash pen, litter alley, and feed alley shall be given a true even surface with a wood float. The cow standing platform, litter alley, holding corral, and concrete lane shall be treated to prevent slipping and may be finished either with a suitable instrument, drawn in the direction of both slopes or treatment of the surface with emery aggregate, carborundum grit, or equivalent material. A sand or rock cushion of at least 6 inches shall be placed under the floor on soils other than sandy loam. All concrete floor slabs shall be reinforced with a minimum of #6 x #6/10 x 10 steel mesh or other reinforcing material of equal or greater strength.

(b) Walls.

All walls shall be of masonry or reinforced concrete and be at least 3 feet 6 inches in height above the floor. All walls shall be finished smooth on the inside with the top ledge rounded on open walls. When a barn wall forms part of the holding corral or an entrance or exit lane, it shall be finished smooth on the outside. Where concrete block or masonry construction is used, all voids below the floor line shall be filled with concrete. In elevated stall type barns, the wall under the cow standing platform adjacent to the milker's area shall be finished smooth.

The plate line in the floor level milking barn shall not be less than 7 feet 3 inches above the floor. In elevated stall type barns, the plate line shall be not less than 6 feet 6 inches above the cow standing platform.

(d) Superstructure.

The exposed superstructure of the barn roof or ceiling shall be constructed of smooth material. Exposed superstructure shall be such that the roof sheathing is applied directly to the rafters.

(e) Electrical Wiring.

All surface-mounted wiring shall be in rigid conduit or electrical metal tubing. All outlets and switches in wet locations shall be of a type which afford protection from water. Metal stanchions shall be electrically grounded.

(f) Stalls.

The cow standing platform in floor level barns shall not be less than 3 feet wide for each cow and shall be at least 4 feet 10 inches and not over 6 feet from the stanchion line to the gutter, depending on the size of the cattle and the design of the manger. Where stanchions are not used, the cow standing platform shall be at least 7 feet in length. The cow stall in tandem type elevated stall barns shall be 8 feet in length. The tandem, parallel and herringbone stalls shall have a smooth, flat, nonabsorbent splash panel behind each cow.

(g) Light and Air Space.

The milking barn shall have at least 400 cubic feet of air space for each stall. Window space shall be equivalent to at least 6 percent of the floor area. Light-transmitting material in the roof may be substituted for window space. Artificial light shall not be less than 20-foot candles at the floor level and so located as to minimize shadows in the milking area.

(h) Alleys.

(1) The litter alley exclusive of gutter shall be not less than 4 feet 9 inches wide behind a single string of cows or goats. In two-string, head-out barns, the litter alley shall be at least 8 feet wide between gutters.

(2) In floor level barns, the feed alley in single and two-string, head-out types, shall be at least 5 feet 9 inches wide between stanchion line and wall. In two-string, head-in barns, a minimum of 10 feet between lines of stanchions is required.

(3) The milker's alley in the two-string tandem type elevated stall barn shall be at least 8 feet wide, but may be reduced to 5 feet at the narrowest point when automatic feeders are installed and used. The width of the milker's alley in the two-string herringbone type barn may be reduced to 5 feet at the narrowest point.

(4) In the single-string elevated stall type barn, the milker's alley shall be at least 4 feet wide. The milker's alley and passageway if combined shall be at least 8 feet wide.

(i) Gutters.

All barns shall have gutters so designed and located to catch the defecation of cows while in the stall and washings of the barns.

(1) Gutters in the floor level type barn may be either the trench or step-off type. The gutter shall be at least 14 inches wide and 2 inches deep at the cow standing platform. The gutter floor shall slope down away from the cow standing platform 1/2 inch across its width. The gutter shall have a uniform depth for its entire length.

(2) The gutters in the elevated stall type barn shall be grate-covered in the stall. The stall gutter shall be located to catch the defecation of the cow in the stall. It shall be at least 500 square inches in area and at least 20 inches wide and 4 inches deep. The herringbone type barns may have the stall gutter width reduced to 14 inches provided the 500 square inch area per animal is maintained. The parallel type barn shall have a 6-inch-wide gutter mounted to the splash panel. Gutter shall automatically flush when cows exit.

(3) Pipe used for barn gutter drainage shall not be less than 4 inches in diameter and meet local plumbing codes.

(j) Curbs.

(1) In elevated type barns, the cow standing platform shall be curbed on the side next to the milker's alley and the curb shall be at least 4 inches in height and designed to retain the elevated stall floor washings. Metal curbs shall be free of voids and sealed to stall floor or wall.

(2) In floor level barns, a curb under the stanchion line at least 6 inches wide and 12 inches high from the stall floor is required, except where metal mangers are used; the top of this curb shall be rounded.

(k) Stanchions.

Stanchions shall be of metal or other waterproof, easily cleanable material approved by the Director. The lower horizontal line of the stanchion shall be at least 2 inches above the curb and at least 14 inches above the floor when no curb is provided.

(l) Mangers.

In floor level type barns, the manger shall have a minimum width of 27 inches with a back wall at least 12 inches above the floor; corners rounded, the low point of the manger at least 8 inches out from the stanchion line and 3 inches above the floor; with a true lengthwise slope of a minimum of 11/2 inches in 10 feet. Mangers and feed boxes in all type barns shall be constructed of impervious materials, finished smooth and provided with drainage outlets at low points.

(m) Ventilators. Adequate ventilation shall be provided in the milking barn and holding corral/wash area if roofed.

(1) Continuous open (18 inch) ridge vents that rise at least 6 inches above the roof are acceptable. Any ridge vent continuing over the feed room shall be screened fly tight.

(2) Stack type vents are acceptable. Where this type of vent is used, provision shall be made for a 12-inch diameter opening on single-string barns, or a 14-inch diameter opening for multi-string barns, with not more than 10 feet between vent and wall and vent and vent.

(3) When a flat ceiling is installed, it shall have at least two vents, 2 feet by 2 feet or equivalent, shafted to a roof peak vent which has not less than a 12-inch opening. The ceiling vents may be located directly in line over the cow standing platform or over the milker's pit. The vents shall be located not more than 10 feet between vent and wall and vent and vent.

(n) Barn Doors. The lower half of barn doors shall be covered on both sides with smooth corrosion-resistant metal.

(o) The dimensions of sub items (b), (f), (h), (i), (j), (k), (l), of T3-659 may be altered for milking barns for goats.

NOTE

Authority cited: Sections 407 and 33481, Food and Agricultural Code. Reference: Sections 33481, 33482, 33483, 33484 and 33486, Food and Agricultural Code.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

2. Amendment of subsections (a)(1), (a)(3), (f), (i)(2) and (j)(1), and new Note filed 11-9-95; operative 12-9-95 (Register 95, No. 45).

§660. Painting.

History

All woodwork shall be painted with light colored waterproof paint or materials acceptable to the Director.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§661. Roof Drainage.

History

Roof drainage from barns, milk house, or shelters shall not drain into the corrals unless the corrals are paved and properly drained.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§662. Feed Storage Facilities.

History

When animals are fed in the milking barn, adequate feed storage facilities shall be provided. Feed storage rooms, when installed, shall be partitioned from the milking barn and shall be fly and rodent proof. The feed discharge area of bulk feed storage shall be paved with concrete or equivalent, curbed, and drained. Bulk feed may discharge directly into the barn. When a bulk feed tank is located opposite the passageway, it shall be no closer than 6 feet from the milk house. Overhead feed storage is permissible if fly, rodent, and dust tight. Feed shall be conveyed to the manger or feed box in a tightly closed dust-free system. Dust tight overhead metal feed tanks may be used. Where an overhead feed storage room is provided, it shall be tight and readily cleanable and the ceiling of the milking barn below such room shall be of smooth cement plaster or equivalent. Any part of the loft or superstructure used as an entryway shall be smoothly finished and readily cleanable.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§663. Toilet and Hand Wash-Basin.

Note • History

A fly-proof, well-lighted, well-ventilated room with self-closing door, equipped with a flush-type toilet and a stationary handwash basin equipped with soap and single-service towels shall be installed in either the milk house, milking barn, or immediately adjacent to the milking facility. The toilet room may not open directly into any milk handling area. A water tap, with a basin, provided with soap and single-service towels shall be installed in the milk house and passageway, or barn, at a location that is convenient to the milkers and milk handlers.

NOTE

Authority cited: Sections 407 and 33481, Food and Agricultural Code. Reference: Sections 33481, 33482 and 33486, Food and Agricultural Code.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

2. Amendment of section and new Note filed 11-9-95; operative 12-9-95 (Register 95, No. 45).

§664. Supply Storage.

History

Facilities to store dairy supplies shall be provided. Only supplies that come in contact with the milk or milk contact surface of the milk handling equipment may be stored in the milk or washroom. These supplies shall be protected from toxic materials, vectors, dust, etc., at all times. Supplies stored in the milk or washroom shall be in a cabinet, on a shelf, or a metal stand, which will keep them at least 4 inches above the floor.

HISTORY

1. New section filed 9-10-71; effective thirtieth day thereafter (Register 71, No. 37). Approved by State Building Standards Commission 8-18-71.

§665. Water Supply.

Note • History

(a) Well Location.

Well must be located at least 50 feet from any animal enclosure, 100 feet from a septic tank leach line, and 150 feet from a seepage pit 8 feet or more deep.

(b) Well construction must comply with State and local requirements.

(c) Any connection to an unsafe water supply must be protected by proper installation of an approved backflow prevention device or be properly air gapped.

(d) Water supply to the dairy must be tested initially, whenever the system is opened for repairs, and once each three years thereafter. The water quality shall meet the requirements of Section 33515 of the Food and Agricultural Code.

NOTE

Authority cited: Sections 407 and 33481, Food and Agricultural Code. Reference: Sections 33482, 33483 and 33515, Food and Agricultural Code.

HISTORY

1. New section filed 11-9-95; operative 12-9-95 (Register 95, No. 45).

Article 23. Evaporated Milk or Condensed Milk

§675. Evaporated Milk or Condensed Milk.

Note • History

NOTE

Authority cited: Sections 407 and 38231, Food and Agricultural Code. Reference: Section 38231, Food and Agricultural Code.

HISTORY

1. Amendment filed 8-10-60; effective thirtieth day thereafter (Register 60, No. 18).

2. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

3. Amendment filed 3-22-74; effective thirtieth day thereafter (Register 74, No. 12).

4. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

5. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§676. Evaporated Goat Milk or Condensed Goat Milk.

Note • History

Evaporated goat or condensed goat milk shall contain not less than 6.5 percent of milk fat, nor less than 22 percent of total milk solids.

NOTE

Authority cited: Sections 407 and 38231, Food and Agricultural Code. Reference: Section 38231, Food and Agricultural Code.

HISTORY

1. New section filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9). For history of former section, see Registers 62, No. 4 and 60, No. 18.

§677. Dried Whey--Extra Grade Edible.

History

HISTORY

1. New section filed 8-10-60; effective thirtieth day thereafter (Register 60, No. 18).

2. Repealer filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§678. Cheese.

History

HISTORY

1. New section filed 8-10-60; effective thirtieth day thereafter (Register 60, No. 18).

2. Repealer filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

§679. Evaporated Skim Milk or Condensed Skim Milk.

History

HISTORY

1. New section filed 8-10-60; effective thirtieth day thereafter (Register 60, No. 18).

2. Repealer filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

Article 24. Butter Grades

§686. Butter Grades.

History

In accordance with Section 37103 of the Food and Agricultural Code, quality designations are to be affixed on butter packages as follows:

(a) On quarter-pound, half-pound, one-pound and two-pound butter wrappers, the quality designations shall appear on the lower side panel. No other printing shall appear on the lower side panel, except designations which have been approved by the director, which designs shall in no case overlap or interfere with the legibility of said quality designations. On continuous design machine wrappers, the quality designation need not appear on the lower side panel but at least two full quality designations shall appear on each wrapper. The quality designations on quarter-pound and half-pound wrappers are required to appear in 12-point type in caps for the letters and 24-point type for the numerals. On one and two-pound wrappers the 24-point type in caps is to be used for the letters and 48-point type for the numerals. When butter is packaged in any other than quarter-pound, half-pound, one or two-pound prints the size of type to be used for quality designations on such packages shall be approved by the director.

(b) The quality designations must b spelled out with no abbreviations being permitted. The terms to be used are as follows: “1 First Quality 1” and “2 Second Quality 2.”

(c) On butter cartons, or packages, the quality designations must appear on the two end or side panels with nothing else appearing thereon, except that the name of the manufacturer or the brand of the butter may appear. The same terms appearing on the wrapper shall be used, except that the words “first quality” or “second quality” are to appear as in the following arrangement:

FIRST QUALITY

The numerals shall also appear on each side of the end panel.

(d) On the half-pound and one-pound carton, the numerals shall be three-quarters of an inch in height and the lettering one-fourth of an inch in height. On cartons or packages of two pounds or more, including chiplets, the numerals shall be one and one-fourth inches in height and the lettering one-half inch in height.

(e) When the name of the manufacturer or the name of the brand of butter appears in connection with quality designations, they shall be in letters not larger than half the size of the type used for quality designations.

(f) Quality designations are to be of the same color used for the manufacturer's name or butter brand except where otherwise approved in writing by the director. Yellow and similar colors are not to be used for quality designations.

HISTORY

1. Amendment filed 10-7-49 (Register 18, No. 2).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

3. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

4. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

§687. Manner of Scoring Butter.

Note • History

In accordance with the provisions of Section 37102 of the Food and Agricultural Code, the manner for determining the method of scoring butter and for establishing quality ratings in butter shall be as follows:

(a) The flavor shall be classified in accordance with paragraph (e).

(b) The defects in body, color and salt shall be rated in accordance with paragraph (f).

(c) The relation of the quality of the butter to the flavor classification of it as affected by total defects in body, color and salt, shall be determined in accordance with paragraph (g).

(d) Butter with flavor defects, such as woody, barney, metallic, sour, onion, garlic, or yeasty shall be classified as impure or rancid in the case of lipase. Such butter may be used for renovating purposes.

(e) Various identified flavors in butter shall be classified as follows:

________ Flavor Classification

Flavor Ratings 93 92 90 Less than 90

First First Second Cooking

Identified Flavor quality quality quality and baking

Feed S D P

Cooked D D

Acid S D

Aged S D

Bitter S D

Coarse S

Flat S

Smothered S D

Storage S D

Malty S D

Musty S D

Neutralizer S D

Scorched S D

Utensil S D

Weed S D

Whey S D

Old cream D

S--Slight D--Definite P--Pronounced

When more than one flavor is discernible in a sample of butter, the flavor classification of the sample shall be established on the basis of the flavor that carries the lowest classification.

(f) (1) Defects and disratings for body, color and salt are:

_ Disratings

Defects Slight Definite Pronounced

Body

Crumbly 1/2 1

Gummy 1/2 1

Leaky 1/2 1

Mealy or grainy 1/2 1 2

Short 1/2 1

Weak 1/2 1

Sticky 1/2 1

Ragged boring 1 2

_ Disratings

Color Slight Definite Pronounced

Wavy 1/2 1

Mottled 1 2

Streaked 1 2

Color Specks 1 2

Salt

Sharp 1/2 1

Gritty 1 2

(g) The flavor classification and maximum disratings for defects in body and color and salt permitted for each California grade follows:

Flavor Maximum defect

Classification disrating permitted California grade

93 First quality 1 First quality

93 First quality 1 1/2 Second quality

92 First quality 1/2 First quality

92 First quality 1 Second quality

92 First quality 1 1/2 Cooking and baking

90 Second quality 1/2 Second quality

90 Second quality 1 Cooking and baking

(h) Terms used in subsections (e) and (f) of this section are those defined as follows:

SLIGHT. An attribute which is barely identifiable and present only to a small degree.

DEFINITE. An attribute which is readily identifiable and present to a substantial degree.

PRONOUNCED. An attribute which is markedly identifiable and present to a large degree.

AGED. Characterized by lack of freshness.

BITTER. Astringent, similar to taste of quinine and produces a puckery sensation.

ACID. Lacks a delicate flavor or aroma and is associated with an acid condition but there is no indication of sourness.

COOKED. Smooth, nutty-like character resembling a custard flavor.

COARSE. Lacks a fine, delicate smooth flavor.

FEED. Aromatic flavor characteristic of feeds eaten by cows.

FLAT. Lacks natural butter flavor.

MALTY. A distinctive, harsh flavor suggestive of malt.

MUSTY. Suggestive of the aroma of a damp vegetable cellar.

NEUTRALIZER. Suggestive of a bicarbonate of soda flavor or the flavor of similar compounds.

OLD CREAM. Aged cream characterized by lack of freshness and imparts a rough aftertaste on the tongue.

SCORCHED. A more intensified flavor than coarse and imparts a harsh aftertaste suggestive of excessive heating.

SMOTHERED. Suggestive of improperly cooled cream.

STORAGE. Characterized by lack of freshness and more intensified than “aged” flavor.

UTENSIL. A flavor suggestive of unclean cans, utensils and equipment.

WEED. Aromatic flavor characteristic of the weeds eaten by cows.

WHEY. A flavor and aroma characteristic of cheese whey.

TERMS RELATING TO BODY

CRUMBLY. When a “crumbly” body is present the particles lack cohesion. The intensity is described as “slight” when the trier plug tends to break and the butter lacks plasticity; and “definite” when the butter breaks roughly or crumbles.

GUMMY. Gummy-bodied butter does not melt readily and is inclined to stick to the roof of the mouth. The intensity is described as “slight” when the butter tends to become chewy and “definite” when it imparts a gum-like impression in the mouth.

LEAKY. A “leaky” body is present when on visual examination there are beads of moisture on the surface of the trier plug and on the back of the trier, or when slight pressure is applied to the butter on the trier plug. The intensity is described as “slight” when the droplets or beads of moisture are barely visible and about the size of a pinhead; “definite” when the moisture drops are somewhat larger or the droplets are more numerous and tend to run together; and “pronounced” when the leaky condition is so evident that drops of water drip from the trier plug.

MEALY OR GRAINY. A “mealy” or “grainy” condition imparts a granular consistency when the butter is melted on the tongue. The intensity is described as “slight” when the mealiness or graininess is barely detectable on the tongue and “definite” when the mealiness or graininess is readily detectable.

RAGGED BORING. A “ragged boring” body in contrast to a solid boring, is when a sticky-crumbly condition is present to such a degree that a full trier of butter cannot be drawn. The intensity is described as “slight” when there is considerable adherence of butter to the back of the trier and “definite” when it is practically impossible to draw a full plug of butter.

SHORT. The texture is short-grained, lacks plasticity and tends toward brittleness. The intensity is described as “slight” when the butter lacks pliability and tends to be brittle; and “definite” when sharp and distinct breaks form as pressure is applied against the plug.

STICKY. When a “sticky” condition is present, the butter adheres to the trier as a smear and possesses excessive adhesion. The intensity is described as “slight” when the smear is present only on a portion of the back of the trier and “definite” when the trier becomes smeary throughout its length.

WEAK. A “weak” body lacks firmness and tends to be spongy. The intensity is described as “slight” when the plug of butter, under slight pressure, tends to depress and is not firm and compact; and “definite” when the plug of butter, under slight pressure, tends to depress easily and definitely lacks firmness and compactness.

TERMS RELATING TO COLOR

MOTTLED. “Mottled” appears as a dappled condition with spots of lighter and deeper shades of yellow. The intensity is described as “slight” when the small spots of different shades of yellow, irregular in shape, are barely discernible on the plug of butter and “definite” when the mottles are readily discernible on the plug of butter.

SPECKS. “Specks” usually appear in butter as small white or dark yellow particles, however, they may be of variable size. The intensity is described as “slight” when the particles are few in number and “definite” when they are noticeable in large numbers.

STREAKED. “Streaked” color appears as light colored portions surrounded by more highly colored portions. The intensity is described as “slight” when only a few are present and “definite” when they are more numerous on the trier plug.

WAVY. “Wavy” color in butter is an unevenness in the color that appears as waves of different shades of yellow. The intensity is described as “slight” when the waves are barely discernible and “definite” when they are readily noticeable on the trier plug.

TERMS RELATING TO SALT

SHARP. “Sharp” salt is characterized by taste sensations suggestive of salt. The intensity is described as “slight” when the salt taste predominates in flavor; and “definite” when the salt taste distinctly predominates in flavor.

GRITTY. A “gritty” salt condition is detected by the sandlike feel of the grains of undissolved salt, on the tongue or between the teeth when the butter is chewed. The intensity is described as “slight” when only a few grains of undissolved salt are detected and “definite” when the condition is more readily noticeable.

NOTE

Authority cited: Sections 407 and 37102, Food and Agricultural Code. Reference: Sections 37101, 37102, 37131 and 37291, Food and Agricultural Code.

HISTORY

1. New section filed 10-7-49 (Register 18, No. 2).

2. Amendment filed 9-21-56; effective thirtieth day thereafter (Register 56, No. 18).

3. Amendment filed 2-23-62; effective thirtieth day thereafter (Register 62, No. 4).

4. Amendment filed 4-25-75 as procedural and organizational; effective upon filing (Register 75, No. 17).

. 5. Amendment filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).

Article 25. Labeling and Advertising of Milk Products, Imitation Milk Products and Products Resembling Milk Products

§690. Required Labeling Generally.

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 38951 and 38953, Food and Agricultural Code.

HISTORY

1. Repealer of Article 25 (Sections 690-692) and new Article 25 (Sections 690-697) filed 8-22-78; effective thirtieth day thereafter (Register 78, No. 34). For prior history, see Register 76, No. 15.

2. Order delaying effective date of Sections 691-696 filed 9-21-78 as an emergency; effective upon filing (Register 78, No. 38).

3. Repealer of Article 25 (Sections 690-697) and new Article 25 (Sections 690-696) filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).

4. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§691. Flavorings and Colorings.

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 38951, and 38953, Food and Agricultural Code.

HISTORY

1. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§692. Frozen Dairy Products Sold at Retail.

Note

(a) Retail stores which package frozen dairy products in the presence of the consumer may make ingredient statements for such products available by other than placement on the package. Such alternative statements shall be printed in a legible manner, understandable under normal conditions by the person purchasing frozen dairy products and may be in the form of a counter card, sign, handbill, or such other form approved in writing by the Director.

(b) With the prior approval of the Director, small retail stores which own, operate, control or supply other retail outlets may, in lieu of the required package labeling, print such ingredient statements in a legible manner on an insert or sleeve placed on or attached to the package, on a bag or other wrapper that contains the package, on a handbill made available to the customer at the time of purchase, or by any other form approved in writing by the Director.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 38951, and 38953, Food and Agricultural Code.

§693. Supplemental Requirements.

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 38951, and 38953, Food and Agricultural Code.

HISTORY

1. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§694. Providing Ingredient and Nutritional Information to Other Distributors.

Note

Manufacturers, wholesalers, distributors, brokers, and other persons who sell products of milk, imitation milk products, or products resembling milk products to others for further manufacturing or retail packaging shall provide ingredient and nutritional information in writing to the buyer upon request.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 38951, and 38953, Food and Agricultural Code.

§695. Compliance Dates.

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 38951, and 38953, Food and Agricultural Code.

HISTORY

1. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§696. Compliance Rulings.

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 38951, and 38953, Food and Agricultural Code.

HISTORY

1. Repealer filed 7-15-97; operative 8-14-97 (Register 97, No. 29).

§698. Delayed Effective Dates.

Note • History

NOTE

Authority cited: Sections 407, 32912, 32912.5, 38951 and 38953, Food and Agricultural Code. Reference: Sections 32912, 32912.5, 32912.7, 32914, 32915 and 38981-38987, Food and Agricultural Code.

HISTORY

1. New section filed 9-21-78 as an emergency; effective upon filing (Register 78, No. 38).

2. Repealed by operation of Section 11422.1(c), Government Code (Register 79, No. 4).

Chapter 2. Livestock Disease Control (Animal Quarantine)

(Originally Printed 7-25-45)

Article 1. Removal of Cattle, etc., from Slaughterhouse Pens, etc.

§750. Removal of Cattle, etc., from Slaughterhouse Pens, etc.

Note • History

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Section 9164, Food and Agricultural Code.

HISTORY

1. Repealer of Article 1 (Section 750) filed 1-14-86; effective thirtieth day thereafter (Register 86, No. 3).

Article 1.5. Bovine Brucellosis

§752. Vaccine, Vaccination, and Test Reagents.

Note • History

(a) Approved Brucella Vaccine. A vaccine, approved by and produced under license of the United States Department of Agriculture, to increase the resistance of cattle to brucellosis infection. It shall be procured and distributed by the California Department of Food and Agriculture. Direct sale of Brucella vaccine without approval of the California Department of Food and Agriculture is prohibited.

(b) Official Vaccinate. A female bovine animal, when vaccinated identified, and reported, by a federal or state veterinarian or an accredited, contract veterinarian with an approved Brucella vaccine, is classified as an:

(1) official brucellosis calfhood vaccinate when vaccinated against brucellosis at the prescribed age for calfhood vaccination, or

(2) official brucellosis adult vaccinate when vaccinated against brucellosis, at an age older than the age prescribed for calfhood vaccination as part of an individual whole-herd adult vaccination plan.

(c) Calfhood Vaccination (official brucellosis calfhood vaccinate). All female dairy calves shall be vaccinated against brucellosis with an approved Brucella vaccine between the ages of four (4) through 12 months (120 through 365 days). Female beef calves, if vaccinated against brucellosis, shall be vaccinated between the ages of four (4) through 12 months (120 through 365 days). All calves vaccinated pursuant to this Section shall be identified in compliance with Sections 752.1 and 752.2. The use of all vaccines for brucellosis calfhood vaccination and eartags used for identification shall be reported to the Animal Health Branch within 14 days. A report of heifer calves vaccinated for brucellosis shall contain the following information:

(1) County of vaccination; herd number, if available; Animal Health District.

(2) Name of the herd owner.

(3) Address or P.O. Box number, city, state, location of calves.

(4) Date of vaccination; optionally, the date of next vaccination (month and year).

(5) Number and type of calves vaccinated (dairy, beef, total).

(6) Eartag numbers applied.

(7) Vaccine information: manufacturer, serial number, expiration date.

(8) A statement to be signed by the contract veterinarian, identified by license number, vaccinating the calves certifying that: the calves were vaccinated with an approved brucellosis vaccine; the calves were in the prescribed age range when vaccinated; each calf was tattooed in the right ear with the official tattoo showing the correct quarter of the year or type of vaccine and year; each calf was tagged with an official calf vaccination eartag in the right ear, unless the vaccinating veterinarian received a request in writing by the owner, or owner's agent, not to apply the eartag.

(9) Acknowledgment signed by the owner or agent that the described calves were vaccinated and that all calves were within California's prescribed vaccination age limits.

(10) Optional request that may be signed by the owner or owner's agent not to apply the official vaccination eartags to the calves because they can be identified as vaccinates within the herd.

(d) Adult Vaccination (official brucellosis adult vaccinate). A female bovine animal over the eligible age prescribed for calfhood vaccination may be vaccinated with an approved adult brucellosis vaccine as a part of an individual whole-herd vaccination plan as agreed to by the Department and the owner of that herd. Adult vaccination shall be supervised by a state or federal veterinarian. Each animal vaccinated under this plan shall be negative to an official blood test for brucellosis before vaccination and shall be permanently identified in accordance with the agreement developed as part of the whole-herd vaccination plan. Blood for testing may be collected at the time of vaccination if the owner agrees to remove all brucellosis titered animals from the herd immediately upon receipt of the test results. Test eligibility before adult vaccination shall be determined by the Designated or District Epidemiologist.

(e) Accredited Veterinarian. A veterinarian approved by the Administrator, or a person authorized to act for the Administrator, Animal and Plant Health Inspection Service (or equivalent titled agency), of the United States Department of Agriculture, in accordance with the provisions of Title 9, Part 161, Code of Federal Regulations, to perform functions required by cooperative State-Federal disease control and eradication programs.

(f) Contract Veterinarian. An accredited veterinarian who has a valid contract with the Animal Health Branch, California Department of Food and Agriculture, to vaccinate animals in California against brucellosis and perform other brucellosis regulatory procedures if included in the vaccination contract or if included in a separate contract.

(1) The contract for vaccinating female calves against bovine brucellosis shall include the following information: Full name, mailing address, telephone number, California state license number, accreditation date, and Animal Health District of the practice of the accredited veterinarian contracting with the Department; and dates of issue and expiration of the contract.

(2) The contracting veterinarian will agree to: vaccinate female calves with an approved Brucella vaccine within the ages prescribed by regulation; apply the official permanent tattoo of brucellosis vaccination and the official brucellosis calfhood vaccination eartag in the right ear of the vaccinate; perform the vaccination, eartagging, and tattooing in a sanitary and professional manner; store unmixed vaccine as directed by the manufacturer; use the reconstituted vaccine as mixed and not hold for future use; dispose of unused reconstituted vaccine according to biohazard waste guidelines; complete, sign, and record his/her state veterinary license on a calf vaccination report as described in Section(c), above; obtain the owner (or agent) signatures as applicable on the report; give the owner a copy of the vaccination report at the time of vaccination; and send a copy of the report to the local Animal Health District Office within 14 days.

(3) The contract veterinarian shall also agree to follow any official supplemental written or oral instructions furnished by Animal Health personnel related to methods and procedures associated with any brucellosis contract; notify the local Animal Health District Office of movement to another district; and return all supplies and materials supplied by the State to an Animal Health District Office at the termination of the contract.

(4) The contract shall expire on the stated expiration date unless terminated earlier by ten (10) days written notice by either party. The contract shall be valid for up to two (2) years.

(5) The contract shall be signed for the Department by the Chief of the Animal Health Branch or a Staff Veterinarian designated by the Chief. The Department may suspend temporarily or cancel the contract of a veterinarian not complying with any part of the contract.

(g) Designated Epidemiologist. A state or federal veterinarian with knowledge of brucellosis epidemiology, selected by state and federal veterinarians in charge, with the concurrence of the United States Department of Agriculture brucellosis staff. The Designated Epidemiologist will coordinate and evaluate the Brucellosis Eradication Program as assigned.

(h) District Epidemiologist. A district or field veterinarian selected by the Chief of the Animal Health Branch to supervise brucellosis disease control and eradication within a herd or a district.

(i) Purchase, Possession, Sale, and Use of Brucella Diagnostic Test Reagents or Vaccine.

(1) The following may purchase, possess, or use Brucella vaccines and diagnostic test reagents containing Brucella microorganisms or components thereof in California:

(A) Federal, state, county, or municipal veterinarians, or public health officials in their official capacities.

(B) Contract veterinarians.

(2) The following may purchase, possess, or use Brucella diagnostic test reagents and materials:

(A) Laboratories having a permit from the California Department of Health Services to operate under the State Clinical Laboratory Act.

(B) Laboratories approved for public health work by the California Department of Health Services.

(3) All sales or transfers of Brucella test reagents or vaccines containing Brucella microorganisms or components thereof by manufacturing laboratories, their distributors or agents, to persons or laboratories within California shall be limited to those persons or laboratories specified in paragraphs (1) and (2) above. Sales or transfers of vaccine shall be reported by letter through the U. S. Postal Service, to the California Department of Food and Agriculture, Animal Health Branch, 1220 N Street, Sacramento, CA, 95814, within five (5) business days after the date of sale or transfer.

NOTE

Authority cited: Sections 407, 10324, 10326 and 10327, Food and Agricultural Code. Reference: Sections 10301-10311, 10321-10323, 10325, 10341, 10342, 10351-10359, 10493, 10511 and 10512, Food and Agricultural Code; Title 9, Sections 71.1 and 78.1, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. Amendment filed 4-16-68; effective thirtieth day thereafter (Register 68, No. 16). For prior history see Register 57, No. 16.

2. Repealer of former article 1.5 (sections 752-754.21) and section, and new article 1.5 (sections 752-754.2) and section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

3. Amendment of subsection (c) filed 4-2-2007; operative 5-2-2007 (Register 2007, No. 14).

§752.1. Official Tattoo of Calfhood Vaccination.

Note • History

The official tattoo indicating bovine brucellosis calfhood vaccination shall be placed in the right ear of each calf vaccinated. All elements of the tattoo will be made by a series of pins and followed with the application of a tattoo ink furnished or approved by the Department as being suitable to produce a permanent tattoo in the ear. It shall consist of three (3) elements in order from left to right as follows:

(a) First Element.

(1) If vaccinated with Strain 19 vaccine, the first element will be the capital letter “A,” “B,” “C,” or “D”, indicating the quarter of the year in which the animal was vaccinated: “A” for the first quarter (January-March), “B,” “C,” and “D” for the second, third, and fourth quarters respectively.

(2) If vaccinated with RB-51 vaccine the first element will be the capital letter “R”.

(3) If a vaccine other than Strain 19 or RB-51 is used, a different first element may be designated by the Department and used in the tattoo.

(b) Second Element. The second element will be the official United States Department of Agriculture shield tattoo insert as registered with the United States Commissioner of Patents, Washington, D.C.

(c) Third Element. The third element will be the number designating the last digit of the year in which the animal was vaccinated.

The second and third elements of the tattoo will be as described regardless of the Brucella vaccine used. An example of a complete tattoo is illustrated below:

NOTE

Authority cited: Sections 407, 10324, 10326 and 10327, Food and Agricultural Code. Reference: Sections 10352 and 10356-10359, Food and Agricultural Code; and Title 9, Section 78.1, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. New section filed 3-5-62; effective thirtieth day thereafter (Register 62, No. 5).

2. Amendment filed 4-16-68; effective thirtieth day thereafter (Register 68, No. 16).

3. Amendment filed 8-22-78; effective thirtieth day thereafter (Register 78, No. 34).

4. Repealer and section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§752.2. Official Eartag of Calfhood Vaccination.

Note • History

In addition to the official brucellosis tattoo, each calf vaccinated against brucellosis shall have an official brucellosis calfhood vaccination eartag placed in the right ear by the veterinarian performing the service. The official brucellosis eartag shall be orange in color and bear the legend “Calif. Vac.” and a nine-character alphanumeric code that conforms to the nine-character alpha-numeric National Uniform Eartagging System. An eartag will not be required if the owner of the calf signs the written request for exemption that is part of Section 752(c)(10) and has other means of identifying the animal within the herd.

NOTE

Authority cited: Sections 407, 10324, 10326 and 10327, Food and Agricultural Code. Reference: Sections 10323, 10325, 10352 and 10356-10359, Food and Agricultural Code; and Title 9, Section 78.1, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§752.3. Testing.

Note • History

(a) Test Samples. Blood, milk, or other samples for brucellosis eradication program testing shall be taken from cattle only by accredited veterinarians licensed to practice veterinary medicine in California, designated representatives from federal, state, or county governments, or persons authorized by the California Department of Food and Agriculture or United States Department of Agriculture at slaughter establishments. Test samples shall be collected from brucellosis suspect or reactor animals at slaughter when requested by the District or Designated Epidemiologist. All cattle tested for the brucellosis program shall be individually identified using eartags, registration numbers, or other methods of identification approved as satisfactory for individual identification by the Department. Each individual identification recording shall include the brucellosis vaccination status of the animal from which the sample was taken. All specimens submitted for brucellosis program testing shall be accompanied with sufficient information to identify the owner's name, address, location of the animals, and the purpose of the test. As an aid to brucellosis disease surveillance in California, a diagnostic laboratory may test any non-program specimens submitted for analysis by any person for the presence of signs of Brucella species.

(b) Official Tests and Procedures. All brucellosis test protocols, procedures, and methods approved by the California Department of Food and Agriculture and the United States Department of Agriculture as being suitable to detect the presence of Brucella, or Brucella antibodies or components shall be regarded as official.

(c) Testing Laboratories. Tests for brucellosis shall be made only by persons approved by the Department or by the United States Department of Agriculture as proficient in brucellosis testing in a laboratory or facility of the following:

(1) United States Department of Agriculture.

(2) California Department of Food and Agriculture.

(3) University of California, California Veterinary Diagnostic Laboratory System.

(4) A County Veterinarian when approved by the Department.

(5) The designated veterinarian of a Specifically Approved Stockyard (as defined in Title 9, Section 78.44, Code of Federal Regulations, January 1, 1997 Edition).

(6) Those possessing a permit from the California Department of Health Services.

(d) Test Reporting. Every positive brucellosis test shall be reported by telephone to the Animal Health Branch within 24 hours after completion by the laboratory conducting the test. All other results shall be reported within five (5) business days of the test.

(e) Blood Test Eligible.

(1) Female cattle officially vaccinated for brucellosis with Strain 19 are eligible for testing if:

(A) dairy breed 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth).

(B) beef breed 24 months of age and over (as evidenced by the presence of the first pair of fully erupted permanent incisor teeth).

(C) any age dairy or beef breed if parturient (visibly prepared to give birth or within two (2) weeks of giving birth, a “springer”) or post-parturient (having already given birth).

(2) Female cattle not vaccinated with a Brucella vaccine or officially vaccinated with other than Strain 19 are eligible for testing if six (6) months of age and over.

(3) Bulls over 18 months of age (as evidenced by the loss of the first pair of temporary incisor teeth).

(4) Steers and identified spayed heifers are exempt from brucellosis testing.

(5) As determined by the Designated or District Epidemiologist on a case-by-case basis in exposed or affected herds where testing of animals might be indicated as part of the epidemiological disease evaluation.

NOTE

Authority cited: Sections 407, 10324 and 10326, Food and Agricultural Code. Reference: Sections 461, 520, 521, 527, 5006, 9101, 9165-9169, 9531, 9532, 9561-9567, 10301-10311, 10321-10323, 10325, 10381-10385, 10387 and 10493, Food and Agricultural Code; and Title 9, Section 78.1, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§752.4. Classifying.

Note • History

(a) Classifying Animals.

(1) Reactor - Animals are classified or reclassified as brucellosis reactors by a Designated or District Epidemiologist when:

(A) official testing and interpretation of the results indicate the animal has been infected with Brucella, or

(B) epidemiologic evidence indicates a reactor status.

(2) Suspect - Animals are classified or reclassified as brucellosis suspects by a Designated or District Epidemiologist when:

(A) official testing and interpretation of the results suggest infection, or

(B) epidemiologic evidence indicates a suspect classification.

(3) Negative - Animals are classified or reclassified as brucellosis negative by a Designated or District Epidemiologist when:

(A) official tests performed are negative for brucellosis, or

(B) epidemiologic evidence indicates negative brucellosis status.

(b) Classifying Herds.

(1) Affected Herd - A herd in which any animal has been infected with field strain Brucella, has been classified as a brucellosis reactor, and has not been released from Hold Order.

(2) Exposed Herd - A herd containing one or more animals known to be exposed, or had an opportunity to be exposed, to brucellosis infected animals or materials possibly contaminated with Brucella.

(3) Herd Not Known to be Affected - A herd in which no field strain brucellosis reactors have been found, or a herd in which one or more animals have been classified as a brucellosis reactor, but has since been released from Hold Order.

(c) Hold Order. A written directive by a department representative to confine one or more animals to a specific location to:

(1) limit exposure of other animals to an exposed, possibly diseased, or a diseased animal.

(2) restrict movement of animals with unknown brucellosis vaccination or disease status until their status is clarified.

(3) control movement of non-brucellosis vaccinated animals.

The Hold Order is a written notice and order to hold animals on their current premises. It shall contain the following information: date of writing; name of the owner, or owner's agent; description of the animals being held; where they are located; and why they are being placed under a Hold Order (infected with..., infested with..., exposed to..., or may have been exposed to..., and may transmit, carry, or distribute the disease); the name, title, and date of issue by the person issuing the notice or order; and the name of the person, if known, receiving the Hold Order. Absence of a signature by the owner or owner's agent acknowledging receipt does not invalidate the essence of the Hold Order. If a temporary verbal Hold Order is issued, it shall be followed with a written Hold Order, mailed within three (3) business days. To appeal the issuing of a Hold Order, the Chief of the Animal Health Branch of the Department must be contacted within seven (7) days of the issue of the order. This procedure to appeal the Hold Order shall be stated in the order. Animals confined under a Hold Order may be moved, if it appears to the Department that there will be no disease risk associated with the movement and the movement is in compliance with a prior written agreement between the owner and the Department. The Hold Order may be released as determined by the person issuing the order or a Designated or District Epidemiologist.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 461, 5006, 9163-9169, 9561-9567, 9574, 9698-9702, 10301-10311 and 10493-10496, Food and Agricultural Code; and Title 9, Section 78.1, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§752.5. Reactors.

Note • History

(a) Identifying Reactors. When any animal is classified as a brucellosis reactor it shall be immediately identified with an official brucellosis reactor eartag attached to the left ear. Identification shall be supervised by the accredited veterinarian who collected the blood, milk, or other sample, or by a government official designated by the District Veterinarian. The person supervising the identification shall report its completion in person or by telephone to the Animal Health Branch within five (5) business days.

(b) Disposing of Reactors. A reactor shall be slaughtered within 30 days of identification and shall be confined under a Hold Order on the premises where found until it is moved for immediate slaughter. Before reactors are moved they require written permission to move to either a facility authorized by the Department to handle brucellosis reactors or directly to the holding pens of a slaughter establishment approved by the Department as capable of maintaining the identity of a reactor and confirming its slaughter. The reactor shall not be hauled with other animals unless they are also going to immediate slaughter, nor be unloaded on premises or facilities used for holding or handling livestock for any other purpose than consignment for slaughter. Vehicles used for transporting reactors shall be cleaned and disinfected before reuse for transporting other livestock. A reactor may be slaughtered on the premises by the owner, providing the slaughter is witnessed by a government official designated by the District Veterinarian and a statement acknowledging a possible public health hazard is signed by the owner prior to slaughter. Any contaminated materials shall be removed and the premises shall be cleaned and disinfected within 15 days of removal of reacting animals, using methods and materials recommended after a case-by-case evaluation by the Department. The 15-day cleanup period may be extended due to unforseen circumstances not within control of the owner, if upon request for an extension, it is determined by the Department that the extension will not adversely affect the Brucellosis Eradication Program.

(c) Immediate Slaughter. Animals for immediate slaughter shall be delivered without diversion to the slaughtering establishment within 10 days from the date the animals were either consigned to slaughter or a permit was issued for their consignment to slaughter. Such animals, upon delivery to the slaughtering establishment, shall be slaughtered within 10 days after arrival unless, due to unforseen circumstances not within control of the slaughter facility, the slaughter facility requests an exemption and the exception is granted by the Department.

NOTE

Authority cited: Sections 407, 10324, 10326 and 10327, Food and Agricultural Code. Reference: Sections 403, 408, 461, 5006, 9163-9168, 10301-10311, 10321-10323, 10325, 10401, 10403-10407 and 10493, Food and Agricultural Code; and Title 9, Section 78.1, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§752.6. Bison.

Note • History

All specific requirements of Sections 752 through Section 752.5 applying to beef breed cattle shall apply to bison.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 403, 408, 461, 520, 521, 527, 5006, 9101, 9163-9169, 9531, 9532, 9561-9567, 9574, 9698-9702, 10301-10311, 10321-10323, 10325, 10341, 10342, 10351-10359, 10381-10385, 10387, 10401, 10403-10407, 10493-10496, 10511 and 10512, Food and Agricultural Code; and Title 9, Section 78.1, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§753. Moving Intrastate.

Note • History

(a) General.

(1) The Department may refuse permission to transport animals within California where there may be a danger of infection or spread of brucellosis.

(2) In the case of demonstrated hardship, or of an emergency beyond the control of the cattle owner, the Department may issue a permit allowing cattle to move from one location to another if it is determined that there are adequate safeguards. Special conditions may be imposed and reports may be required.

(3) When requested by a department representative or other official, any person transporting cattle within California shall produce documents for inspection proving that each animal in the load is moving in compliance with brucellosis laws and regulations. Animals in any load or part of a shipment may be inspected en route or after arrival.

(4) Documents recording intrastate movements shall be kept by the owner of the animal for two (2) years and shall be available for examination and copying upon request by a department representative.

(5) Slaughter cows of any age and bulls over 24 months of age, whether beef or dairy breeds, shall be identified before slaughter by a United States Department of Agriculture backtag or other similar backtag that will give equivalent individual animal identification and is approved by the Department for identification purposes prior to use. The backtag number shall be correlated with sufficient ownership information to enable the tracing of each animal to its origin.

(6) A “Permit to Move” is a written document to move animals under a Hold Order, or other restriction, between premises within California or to a state border, in accordance with Section 9566 of the Food and Agricultural Code. At a minimum, it shall contain: the county of origin of the movement; date, and hour if applicable, of issue; the owner's name and address; permission to move animals identified by the number, species, type, tag numbers, and any other information that might be necessary to sufficiently identify the animals being moved; the reason for the Hold Order or restriction; location the animals are being moved from; purpose of the movement; and a destination described by location and name (slaughterer, stockyard, person, etc.). Other information may be included in the permit if it is pertinent to the movement. No diversion will be permitted between origin and destination. An expiration time will be stated in days and/or hours from the issue date and time. The permit for movement shall be signed, with title, by the issuing Animal Health Branch representative. The original shall accompany the shipment, with a copy for each load in the shipment; and copies to the destination (if applicable), the local district office, and to headquarters.

(b) Dairy. No person shall move, or cause to be moved, from one location to another within California or receive, or cause to be received, any female cattle of the dairy breeds unless they bear evidence of official brucellosis vaccination by the presence of a legible official brucellosis tattoo. The following are exempt from the vaccination requirements of this Section:

(1) calves less than four (4) months of age.

(2) cattle consigned for immediate slaughter.

(3) cattle moving only for pasture or grazing purposes to premises under the control of the owner of the cattle and returning to the premises of their origin, providing there has been no commingling with other cattle.

(4) permanently identified spayed females.

(5) cattle not vaccinated against brucellosis moving with a special entry or other written permit to move.

(c) Beef. All female cattle of the beef breeds more than 12 months of age subjected to a change of ownership within California shall bear evidence of official brucellosis calfhood vaccination by the presence of an official tattoo unless:

(1) permanently identified as a spayed female, or

(2) moving directly to a slaughter establishment, or

(3) sold to slaughter through a saleyard approved, in this instance, by the Department as capable of maintaining identification of animals moving through the facility, or

(4) moving to a registered feedlot included in a registry of currently approved feedlots maintained by the Department (Sections 20013 and 21081-21084, Food and Agricultural Code) for feeding for up to six (6) months before going to slaughter. These animals shall be moved directly to a slaughter establishment under official government inspection from the registered feedlot.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 408, 9531, 9532, 9561-9567, 9573, 9574, 9698-9702, 10301-10311, 10322, 10323, 10325, 10358, 10359, 10511, 10512, 20013 and 21081-21084, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-16-68; effective thirtieth day thereafter (Register 68, No. 16). For prior history, see Register 63, No. 18.

2. Amendment filed 6-22-71; effective thirtieth day thereafter (Register 71, No. 26).

3. Amendment filed 9-19-73 as an emergency; effective upon filing (Register 73,No. 38).

4. Certificate of Compliance filed 1-16-74 (Register 74, No. 3).

5. Amendment filed 12-26-75; effective thirtieth day thereafter (Register 75, No. 52).

6. Amendment filed 7-30-81; effective thirtieth day thereafter (Register 81, No. 31).

7. Repealer and new section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§753.1. Interstate Entry.

Note • History

(a) General.

(1) The Department may deny permission to transport any species of animal or animal material into California when there may be a danger of infection from brucellosis.

(2) The provisions of this Section are in addition to other California requirements for moving cattle and bison into and within California and any requirements of the United States Department of Agriculture.

(3) The term “Health Certificate”, where used in this Chapter, refers to a numbered interstate “Health Certificate”, “Certificate of Veterinary Inspection”, or a similar titled document that is a record of veterinary health inspection of one or more animals, issued on an official form by an accredited veterinarian from the state of origin. A Health Certificate shall be valid for 30 days following the inspection of the animals described.

(4) The term “official certificate”, where used in this Chapter, shall refer to a Health Certificate, Brand Inspection Certificate, or other official inspection or movement document issued by a federal or state animal health or brand inspection representative or an accredited veterinarian at the point of origin prior to an interstate animal movement into California.

(5) Upon request by a department representative or other official, any person transporting animals into California shall produce documents for each load or part of a shipment, to prove that each animal transported, pursuant to a permit and/or Health Certificate, falls within a stated requirement or exception. Animals in any load or part of a shipment may be inspected en route or after arrival.

(6) No person(s) or entity shall receive or accept female cattle or bison transported from outside of California unless first presented with a copy of the documents required for entry. The recipient shall verify that each animal received is described on the importation documents, is identified and tested as required, and each brucellosis vaccinated animal bears a legible official brucellosis calfhood vaccination tattoo.

(7) Permits, Health Certificates, and other transportation records shall be kept by the recipient for two (2) years after the animals entered California and shall be available for examination and copying upon request by the Department.

(8) All costs of movement and post entry testing of cattle and bison shall be borne by the owner.

(9) Native animals are considered to be a group of animals under one owner, on the premises where they were born, or have been kept for at least four (4) months before shipping, provided animals have not been added to the group on the premises within the four (4) months prior to the date of shipping.

(10) Groups of animals, with no outside additions in the previous four (4) months, under common ownership or supervision, located on two or more geographically separate premises where animals from the different premises have been interchanged or had contact with each other, may be considered a “herd”.

(11) Only bison originating from herds not known to be affected with brucellosis will be considered for entry into California. Test data may be required to document that the herd of origin is free from brucellosis infection. Federal brucellosis classifications for states for cattle shall not apply to bison or other animal species.

(b) Entry Permits.

(1) Permits for cattle and bison to enter California shall be obtained from the Animal Health Branch. Requests for entry permits may be made by telephone; however, written application may be required when necessary to accomplish the purposes of this section. Each entry permit shall have a unique number and shall expire 15 days after issuance, unless a special entry permit has been issued for a different period. No diversion shall be allowed from the requested destination after entry.

(2) A separate entry permit is required for each shipment containing female cattle of any age, male cattle 18 months of age and over, and bison of any age and sex, before they are transported into California. The entry permit number shall be recorded on the documents accompanying the shipment.

(3) The applicant for the entry permit shall:

(A) establish that all animals in the shipment meet California brucellosis entry requirements, and

(B) possess a properly completed Health Certificate when required.

(4) If the Department suspects or has knowledge indicating that the proposed movement might be a disease threat to California animals, or that the animals might not actually meet California entry requirements, the Department may refuse to issue a permit. The Department may require that brucellosis pre-entry testing procedures (Section 753.1(e)(1)) be completed and the results be presented to a branch brucellosis epidemiologist for evaluation before considering an entry permit. If an entry permit is issued, the Department may require, as part of the entry permit, that all of the animals in the shipment be transported to a designated inspection station immediately upon arrival in California, or held separate at their destination, for inspection by Animal Health Branch personnel. If after inspection the Department finds that all requirements for entry have been satisfied and the animals do not appear to be a disease risk and have met California entry requirements, the transporter will be given permission to deliver the animals to their destination, or they will be released if already at their destination. The entry documents will be validated as necessary.

(5) If the Department finds that the conditions of an entry permit have not been satisfied, additional proof may be required promptly from the person(s) transporting or receiving the animals. Failure to establish that the requirements for entry have been fully complied with or finding that the animals may pose a disease risk, the Department may place the animals under Hold Order until their disposition is determined and, at the expense of the owner of the animals or person in possession thereof:

(A) require vaccination or testing to remain in California, or

(B) deny permission to deliver the animals in California and require that the animals be returned to their origin, transported out of state, or be consigned to immediate slaughter.

(6) If any person has given false information to obtain an entry permit for transporting animals into California, has failed to fulfill the conditions of an entry permit, has failed to obtain an entry permit as required, or has caused brucellosis infection in California as a result of importing an infected animal, the Department may levy a penalty (Sections 9166 and 9574, Food and Agricultural Code), and/or refuse to grant future entry to such person, and/or others associated with such violations.

(7) Notification of suspension of a special entry permit may be made by personal service or by telephone with confirmation by regular mail.

(8) Requirements for movement with regular entry permits or movements associated with special entry permits may be modified in the event of an outbreak of brucellosis or other disease requiring restriction of animal movements.

(9) Most permits to allow entry of cattle into California are applied for by telephone or other electronic means accepted by the Department. A permit number, indicating approval of the application, is usually issued immediately over the telephone after entry information is gathered. The entry permit generally will be a paper or computer record for internal Animal Health Branch use and a copy will not be sent to the applicant unless specifically requested or it is needed to accompany a shipment. The information required for a regular entry permit to enter California shall include: date of issue; permit number; name of the shipper or importer; origin of the shipment; description of the animals being imported (number, type, etc.); name and mailing address of entity receiving the animals; a geographic destination if animals are not being received at the destination mailing address; purpose of the importation; name and telephone number of a contact person in California, if not the owner; name and telephone number of the person requesting the permit; the Health Certificate number, if available; name of herd veterinarian, if available; and a list of entry requirements for the type of animals entering. Additional information may be required for a special entry permit.

(1) A copy of a properly completed Health Certificate with individual identification where required shall accompany each load or part of a shipment entering California containing:

(A) female dairy cattle more than four (4) months of age, and

(B) female beef cattle and all bison more than six (6) months of age, and

(D) any animal requiring a blood test prior to entry.

(2) A Health Certificate shall not be required if:

(A) all the animals in the shipment are entering for direct delivery to a slaughter establishment for immediate slaughter under official government inspection, or

(B) they have a special entry permit that exempts them from the health certificate requirement.

(3) A valid Brand Inspection Certificate may be substituted for the individual animal identification required on a Health Certificate for native cattle entering from a brucellosis Class Free State (as defined in Title 9, Code of Federal Regulations, Section 78.1, January 1, 1997 Edition) with an official brand recording agency provided all the animals in the shipment are one owner branded animals, the brand is registered to that owner, and no brucellosis blood test is required prior to entry. The Brand Inspection Certificate shall be numbered or made unique to identify it as representative only of that particular shipment. The Brand Inspection Certificate shall list the ownership brand, consignor, consignee, origin, destination, number and description of the animals, and shall be attached (stapled) to the Health Certificate. All animals in the shipment shall be officially calfhood vaccinated against brucellosis and have legible brucellosis vaccination tattoos. The owner, or the owner's designated agent, shall sign a certification on the Health Certificate indicating that:

(A) the shipment consists only of native cattle originating from a brucellosis Class Free State, and

(B) the animals in the shipment have been officially brucellosis calfhood vaccinated and have legible official brucellosis tattoos as evidence of vaccination.

(4) A valid Brand Inspection Certificate may be substituted for the individual animal identification required on a Health Certificate for native, non-test eligible (Section 752.3(e)) cattle, from a brucellosis Class A State (as defined in Title 9, Code of Federal Regulations, Section 78.1, January 1, 1997 Edition) provided the requirements of Section 753.1(c)(3) are fulfilled.

(5) The Health Certificate shall be signed by the accredited veterinarian who examined the animals in the shipment. It shall include: the permit number; a description of the animals; complete information on the consignor, consignee, origin, and destination; the federal brucellosis classification of the state of origin; purpose of the movement; and owner's certification and agreement when required in Section 753.1(f) or as specified by another disease control code or regulation. For test eligible animals, as described in Section 753.1(e), the description shall include individual animal identification with the official eartag number, a representation of the brucellosis vaccination tattoo present, brucellosis test date and results. A copy of the official brucellosis test record with a description of each animal, its eartag number, its brucellosis vaccination tattoo, and blood test results may be attached to each copy of the Health Certificate instead of transferring that information onto the certificate. Brucellosis vaccinated animals that are exempt from testing requirements, and are entering California for movement and sale within the State shall have the presence of vaccination and legible tattoos certified by the owner. The Health Certificate, with attachments, shall be available for examination en route and after arrival in California. A copy of the completed Health Certificate shall be sent to the California State Veterinarian's office within 15 days of examination. Purebred registered cattle entering California, if not utilizing an official vaccination eartag and tattoo for identification, may be identified by a registration ear tattoo and their official brucellosis calfhood vaccination tattoo, or by another method of permanent identification as requested by the owner and approved by the Department.

(6) The examining accredited veterinarian shall indicate on the Health Certificate that each animal in the shipment meets California entry requirements.

(7) It may be necessary to obtain a Health Certificate for entry into California because of a disease condition in another state, even though the animals are exempt from obtaining a Health Certificate by brucellosis regulations.

(d) Vaccination Requirements.

(1) Official brucellosis calfhood vaccination, indicated by the presence of a legible official calfhood vaccination tattoo as evidence of the vaccination, is required for entry of each:

(A) dairy breed female more than four (4) months of age.

(B) beef breed female more than 12 months of age and requested of each beef breed female more than six (6) months of age.

(2) Non-brucellosis vaccinated female:

(A) dairy and beef breed calves of brucellosis vaccination age will be allowed to enter California if they meet the requirements of a prior special entry permit to be vaccinated against brucellosis on arrival.

(B) dairy breed cattle over eight (8) months of age, and beef breed cattle over 12 months of age shall not be eligible for entry into California unless entering:

1. with a special entry permit, or

2. for immediate slaughter at a slaughter establishment under official government inspection.

(3) Brucellosis vaccination is not required for entry of:

(A) dairy breed female calves less than four (4) months of age.

(B) beef breed female calves less than six (6) months of age.

(e) Test Requirements.

(1) Blood for pre-entry testing shall be collected within 30 days before entry and tested by a laboratory approved for brucellosis testing by federal or state officials. An additional signed statement must be included on the Health Certificate that explains how the test results were verified to represent each animal in the shipment when the blood was not collected and submitted to the laboratory by the veterinarian issuing the Health Certificate.

(2) No animals will be allowed to enter California if they are part of a lot or herd in which a reactor has been found.

(3) Cattle from non-Class Free States and cattle from a Class Free State that are not native to that state (Section 753.1(a)(9)) must have a negative brucellosis blood test record prior to entry if they are:

(A) non-brucellosis vaccinated female calves of brucellosis vaccination age entering under a special entry permit to be vaccinated on arrival, or

(B) brucellosis vaccinated dairy breed females 18 months of age and over, or

(D) parturient (springers) or post-parturient of any age, or

(E) cattle bulls 18 months of age and over, or

(F) beef heifers six (6) months of age and over not vaccinated against brucellosis.

(4) Bison (except steers and identified spayed heifers) from any state must have a negative brucellosis blood test record prior to entry if they are:

(A) non-brucellosis vaccinated female calves of brucellosis vaccination age entering under a special entry permit to be vaccinated on arrival, or

(B) six (6) months of age and over and not vaccinated against brucellosis, or

(D) parturient (springers) or post-parturient of any age.

(5) Non-brucellosis vaccinated female animals with a special entry permit from any class state must be brucellosis test negative prior to entry if they are:

(A) registered cattle entering for preserving or developing bloodlines.

(B) cattle or bison entering a registered feedlot included in a registry of currently approved feedlots maintained by the Department for feeding prior to slaughter.

(6) The test requirements of this Section do not apply to:

(A) cattle native to brucellosis Class Free States that are:

1. non-brucellosis vaccinated female calves of brucellosis vaccination age entering under a special entry permit to be brucellosis vaccinated on arrival, or

2. officially calfhood brucellosis vaccinated female cattle of any age with legible official brucellosis vaccination tattoos, or

3. bulls.

(B) cattle and bison irrespective of the status of the state of origin transported into California that are:

1. for direct delivery to a slaughter establishment for immediate slaughter under official government inspection.

2. dairy breed female calves less than four (4) months of age.

3. brucellosis vaccinated dairy breed females under 18 months of age.

4. beef breed female calves less than six (6) months of age.

5. brucellosis vaccinated beef breed females under 24 months of age.

6. cattle bulls less than 18 months of age, steers, and identified spayed females.

7. cattle and bison from current Certified Brucellosis-Free Herds. The herd number and the date of the current test shall be recorded on the Health Certificate.

8. cattle consigned directly to a Specifically Approved Stockyard. There shall be no movement out of a Specifically Approved Stockyard except to slaughter, or to leave California, unless the animals meet all California entry requirements.

9. officially brucellosis calfhood vaccinated dairy breed females returning with a special entry permit after feeding another state.

(f) Special Entry Permits.

(1) Dairy heifers, officially brucellosis calfhood vaccinated originating in California, feeding in a Class Free State for a period of time, and returning to the property of the same owner in California, may be granted a special entry permit for the return of the vaccinated dairy heifers to California, valid for 15 days, to return to California without a brucellosis blood test if the owner, or designated agent of the owner, signs and dates a form containing the following certification, agreement, and information:

(A) certifying:

1. to continuous ownership of the heifers prior to leaving and while out of California.

2. that cattle from states other than California have not been added to the group while out of California.

3. that the returning heifers have not commingled with another owner's cattle during transportation and while out of California.

4. that all animals in the shipment originated in California and were officially brucellosis calfhood vaccinated at the prescribed age and have legible official brucellosis tattoos.

5. that the heifers have not left the Class Free State where they were feeding.

6. to examination of each animal in the shipment for health and identification purposes within the 30 days prior to return to California and certifying that as a result of that examination that:

a. each animal is apparently healthy;

b. a legible recording has been made of each animal's individual identification, both official and herd, a representation of the official brucellosis tattoo, breed, and approximate age, on a list which contains the same information about all of the animals in the shipment.

(B) agreeing to:

1. complete the special entry permit form or obtain a Health Certificate.

2. obtain a special entry permit number for each shipment (for either a special entry permit or a Health Certificate).

3. send the original signed special entry permit or a Health Certificate (with the permit number recorded and the list of animals included in the shipment stapled to either form), to the State Veterinarian's office in California on departure for California.

4. make a separate copy of the completed special entry permit or the Health Certificate to accompany each load or part of the shipment and to present it to any state regulatory official on their request.

5. deliver a copy of the completed special entry permit or the Health Certificate (with a list of heifers in the shipment attached) at the destination.

6. present some or all of the heifers and/or the entry documents for inspection at a reasonable time after arrival to validate compliance with this regulation, if requested by Animal Health Branch personnel.

7. keep an individual animal identification record of non-California heifers purchased and brought into California before being transported out of California for feeding under this special entry permit. The purchasers of the out-of-state heifers shall maintain sufficient animal identification to trace the purchases back to their origin.

The owner is responsible for the accuracy of the certifications and the attached animal identification list which becomes part of the special entry permit or Health Certificate. This special entry permit form shall contain: the signature of the owner or the owner's agent; the printed name of the person signing the special entry permit form and the address and telephone number of the owner; an accurate description of the destination with name, geographic location, mailing address with county, and name and telephone number of the manager or other contact person at the destination. If the special entry permit is being requested by telephone and the request is approved, the permit number and expiration date shall be recorded in the appropriate location on the form before making copies for the transport vehicles. If the special entry permit is mailed or faxed for approval, a copy will be returned by the same method, if approved.

If the owner chooses to get a Health Certificate with individual identification instead of using this California special entry permit form, the certifications (A)1 through 5, and agreements (B)3 through 7, in this Subsection shall be signed and included as part of the Health Certificate along with the notation “Dairy heifer brucellosis vaccinates returning to California.”

It is the intent of this special entry permit to trace the movement of dairy animals as accurately as possible, and should a brucellosis reactor or suspect be found, to be able to trace them to their herd of vaccination and origin.

(2) The owner of an officially brucellosis calfhood vaccinated beef breeding herd may be issued a Pasture to Pasture Permit for a single seasonal movement (to and return within eight (8) months) between pastures under the control of the same owner in California and a Class Free State following certification by the state of origin and approval of the owner's written application by California. Owners requesting permission to enter California for pasture, or return to California after out of state pasture under a Pasture to Pasture Permit, shall utilize the California Pasture to Pasture Permit for the movement, even if it is in addition to another state's permit. The transmission of applications and approvals by mail or fax is permissible.

(A) A signed, approved permit shall contain the expiration date and permit number as furnished by the destination state.

(B) The applicant shall furnish the following information: state of origin and destination; number of animals by age groups (females over two (2) years old, heifers between six (6) months and 24 months old, adult bulls, steers, calves under six (6) months old, horses); brand and location; accurate description of origin and destination premises by: premises name; geographic location; mailing address including the city, state, zip code, and county; name and telephone number of premises owner or manager and any other contact information available; name and telephone number of veterinarians servicing the herd; number of years the herd has moved to described premises; fenced premises (Y/N); commingling with cattle owner by others (Y/N); and names of other owners commingling.

(C) The applicant shall acknowledge that Pasture to Pasture Permit is for one pasture season for the described cattle, time, and premises, and that no diversion of cattle from the described premises will be allowed without prior permission of the State Veterinarian's office where cattle are on pasture, and then, only due to an environmental emergency.

(D) The applicant shall certify that:

1. the animals entering under the permit are from a beef breeding herd established more than six (6) months in the Class Free State of origin;

2. it will be established, by brand or health certificate obtained within the 30 days prior to a load or part of a shipment entering or returning to California, that the cattle have healed brands (brands that appear to have been applied at least four (4) months prior to movement) or other identification officially registered to the owner;

3. no trader or recently assembled cattle are in the origin herd or the animals moving;

4. all female cattle over six (6) months of age entering or returning to California are or will be officially brucellosis calfhood vaccinated and bear or will bear legible official brucellosis tattoos as evidence of the vaccination.

(E) The purchase or addition of native cattle originating in the Class Free State destination state will be allowed if the owner certifies that:

1. the purchased or added cattle are native to the destination state, have been officially brucellosis calfhood vaccinated, and have legible official brucellosis vaccination tattoos, and

2. the California State Veterinarian's office is notified by mail or fax of the purchase or addition of animals, by number and type, in the destination state prior to returning at the end of the pasture season.

(F) Before California can approve entry with a Pasture to Pasture Permit, an animal health official of the state of origin shall certify that the herd needing permission to enter California for pasture is an established beef breeding herd that is current with its brucellosis calfhood vaccinations and is not known to be affected with or exposed to brucellosis. After receiving this certification, the Department shall evaluate the entries on the permit request. If it appears that there will be no brucellosis danger to California animals and that the applicant will implement the permit requirements, the permit may be approved by a representative of the Animal Health Branch.

(G) The owner, or owner's agent, of cattle that have received a Pasture to Pasture Permit to leave California for pasture and return shall:

1. enter the estimated date of return to California and any animal purchase or animal addition information on the permit as indicated.

2. forward a copy of the permit with the return information to the State Veterinarian of California by mail or fax within the 15 days prior to the date of returning the first load or part of a shipment of cattle.

(H) Cattle moving with an approved Pasture to Pasture Permit are exempt from brucellosis test and individual identification requirements associated with a Health Certificate as long as the owner remains in compliance with the current approved Pasture to Pasture permit and there is no suspicion of brucellosis infection in the herd. An official certificate, in addition to the valid permit, is required to be obtained for all cattle within the 30 days prior to entering California. Copies of the official certificate and the Pasture to Pasture Permit shall accompany each load or part of a shipment of cattle entering California.

(3) A special entry permit may be issued for entry of non-brucellosis vaccinated brucellosis, test negative, purebred registered dairy or beef breed cattle, with breed association individual identification, for preserving or developing bloodlines. A copy of the registration papers, along with side-view photographs suitable for identification purposes, a drawing of the registration ear tattoo, or a description of other registration mark or identifier, may be required to be forwarded to the Animal Health Branch, before a special entry permit can be considered. The cattle shall meet all other entry identification and negative test requirements. Animals admitted under this provision shall be maintained under a permanent Hold Order. If it appears that there will be no disease risk to a non-brucellosis vaccinated animal at an exhibition and the exhibition allows their entry, the Department may give written permission to move within California to be exhibited. A Permit to Move may be issued for movement: for exhibition, to another premises, to go to slaughter, or to leave the State.

(4) A special entry permit may be issued for entry of brucellosis vaccination age, non-brucellosis vaccinated calves, native to their state of origin, to be brucellosis vaccinated on arrival by a program cooperator (a person who by past favorable interaction with the brucellosis program, or by industry reputation, it is felt will implement the requirements of the special permit). If the cooperator and the vaccination premises appear to be satisfactory to the destination Animal Health Branch District, Animal Health Headquarters may issue a permit and calves will be allowed to enter from:

(A) Class Free States without a negative brucellosis test, or

(B) non-Class Free States with a negative brucellosis test.

(5) Following a signed interstate feeder heifer agreement between the State Veterinarians of a Class Free State of origin and California, a special Beef Feeder Heifer Permit, valid for up to one year, may be issued to an owner to import, for feeding or pasture purposes for a period of up to eight (8) months, apparently healthy female beef breed heifers under the age of 24 months that have been officially calfhood vaccinated against brucellosis, providing the owner complies with the following conditions:

(A) At least 15 days before the first expected entry, or expiration of a prior Beef Feeder Heifer Permit, the owner shall complete a written application for a special Beef Feeder Heifer Permit and obtain the approval of a California Animal Health Branch Staff Veterinarian and the acknowledgment of the an animal health staff member of the Class Free origin state. The application for the Beef Feeder Heifer Permit, when approved, will serve as the permit and shall contain the following information: date of application, permit number issued, expiration date of the permit, and the applicants name. Space will be provided on the application for approval by a California Animal Health Staff Veterinarian and acknowledgment of an animal health official of the origin state.

1. The owner, or agent of the owner, shall certify on each Beef Feeder Entry Form that all the animals in that shipment:

a. are apparently healthy.

b. are beef breed heifers under 24 months of age.

c. originate from a brucellosis Class Free State.

d. are officially calfhood vaccinated against brucellosis.

e. have legible official brucellosis vaccination tattoos.

f. have not had any contact with cattle of Mexican origin.

2. In addition, the applicant shall agree to:

a. complete a Beef Feeder Heifer Entry Form for each shipment of heifers entering California.

b. send (mail or fax) a copy of the completed entry form to the State Veterinarian of California and the origin state within 15 days prior to the expected date of entry of each shipment.

c. provide a copy of the completed entry form to the driver of each load of heifers in the shipment and instruct the driver to present the copy to government officials for examination when requested.

d. notify the local Animal Health District Office of movement to: another previously registered premises, another state, into a trade channel, sale to a private buyer, or to slaughter.

e. maintain records for tracing of the origin and disposition of the heifers for two (2) years for inspection and copying by Animal Health representatives.

f. within 30 days after the completion of the feeding period, notify the local Animal Health District Office of the number of heifers disposed of by:

1. slaughter.

2. addition to the owner's breeding herd.

3. movement to an identified state.

4. movement into an identified trade channel.

5. sale to an identified private buyer.

6. other.

The applicant shall print the owner's personal or business name, furnish complete address with telephone and fax numbers, and shall sign the certification and agreement. The application shall contain information on how to submit an application for premises registration.

(B) A copy of a properly completed Beef Feeder Heifer Entry Form shall accompany each load or part of a shipment of animals into California with the following information:

1. The entry date, permit number and its expiration date, and the origin state.

2. The owner's (or owner's agent) certification that all animals in the shipment are apparently healthy beef breed heifers under 24 months of age, originate from a Class Free State, have been officially calfhood vaccinated against brucellosis, bear legible official brucellosis tattoos, and have had no contact with any cattle that originated in Mexico. If the certification is signed by an agent of the owner, the agent's name, address, and telephone number shall by printed on the entry form. Owners, or owners' agents, may be required to present evidence that the animals in a shipment meet the entry requirements of this paragraph.

3. The name, address, and telephone number of the person responsible for managing the heifers in California.

4. The identification of the origin of the cattle by location or premises name and county and destination premises by number, name, and county.

5. The number and physical description of the heifers by age, weight, breed, and brand.

6. An indication of whether purchase was at a livestock marketing facility or by private treaty if heifers were purchased for feeding or pasture purposes and are not native to the state of origin of the shipment. If the heifers are not native to the shipment origin state, the source states shall be indicated. The states where the heifers were purchased must be Class Free. Purchaser must maintain records of purchases, for inspection and copying by department representatives, for two (2) years following the transaction.

7. “Blank and completed Beef Feeder Heifer Entry Forms may be copied as needed for movement of animals.”

(C) The destination premises shall be registered by the Animal Health Branch District containing the premises prior to departure for California. Registration shall be accomplished by submitting a completed registration form by mail, fax, or telephone to the local Animal Health Branch District Office or Animal Health Branch Headquarters of the Department in Sacramento. Issuing of a premises number will indicate successful registration. Once a premises is registered, it may be used until expiration of the registration, by any Beef Feeder Heifer permit holder. Premises may be approved for up to two (2) calendar years, with expiration on December 31 of the second year, in advance of anticipated entries and later movement. The Beef Feeder Heifer Premises Registration form, in addition to information on how to and where to obtain a registration form, shall contain:

1. The date of the registration, the premises number, expiration date, county of the premises, and the Animal Health District of the premises.

2. Name of the applicant, printed legibly; premises name; county name; type of premises; geographic location; and property owner's name, mailing address, and telephone number.

3. Name, address, and telephone number of the person managing the premises, if not the owner.

4. Signer's name printed legibly and signature of the applicant.

5. If the registration is signed by an agent of the owner or applicant, the person's name, address, and telephone number shall be printed legibly on the registration.

6. “Blank Beef Feeder Heifer Premises Registration forms may be copied as needed for submission for registration of premises.”

(D) During and at the end of the feeding or pasture period, the heifers may be moved:

1. To slaughter.

2. Following notification of the local Animal Health District Office: to another registered premises, into the owner's breeding herd, out of state, into a trade channel, or sold to a private buyer.

3. Within 30 days after the completion of the feeding period the permit holder shall notify the local Animal Health District office of the number of heifers in each shipment disposed by:

a. slaughter.

b. addition to the owner's breeding herd.

c. movement to an identified state.

d. movement into an identified trade channel.

e. sale to an identified private buyer.

f. other.

(6) Animals, from any state, not vaccinated against brucellosis, with a negative brucellosis entry blood test, and a Health Certificate with individual animal identification, may be issued a special entry permit to enter a registered feedlot (not pasture) included in a registry of currently approved feedlots maintained by the Department for feeding for up to six (6) months before slaughter. They will be maintained under a Hold Order until slaughtered at an establishment under official government inspection.

(7) Animals entering California for direct delivery to an establishment under official government inspection for immediate slaughter must be sufficiently identified to ensure tracing to the farm or ranch of origin. They may enter with a Brand Inspection Certificate instead of a Health Certificate. A properly placed United States Department of Agriculture backtag is acceptable identification in place of an eartag if the backtag number is listed and the list is attached (stapled) to an official certificate. If a backtag is used as identification, the party utilizing it must be able to trace the animal in question back to its herd of origin and it must be the last identification applied before entry and moving to slaughter. A copy of the certificate, with attachments, shall be kept for at least two (2) years by the shipper. All certificates shall be made available for examination when requested by a department representative.

(g) Exceptions. Any exceptions to the interstate movement section of this regulation shall have approval by the Department prior to movement. All exceptions shall be evaluated on a case-by-case basis and the following factors, at a minimum, shall be considered before approval of any exceptions:

(1) Possible exposure of California livestock to brucellosis.

(2) Welfare of out of state livestock.

(3) Cost to the Department for personnel to monitor the exception.

(4) Reaction of the public and/or the livestock industry to approval of the exception.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 403, 408, 461, 5006, 9161-9169, 9531, 9532, 9561-9567, 9570, 9572-9574, 9691-9693, 9698-9702, 10301-10311, 10321-10323, 10325, 10351-10359, 10381-10385, 10387, 10511, 10522, 20013, 21081-21084, Food and Agricultural Code; and Title 9, Part 78, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22). For prior history, see Register 96, No. 40.

2. Editorial correction of subsection (e)(3)(D) (Register 99, No. 25).

§753.2. Moving Restricted Cattle.

Note • History

(a) Intrastate - Restricted Cattle. Brucellosis exposed cattle may move only when accompanied by a written Permit to Move issued by the Department. Each animal to be moved shall be identified by an official state or federal metal eartag or other identification as requested by the owner for permanent identification and approved by the Department. Upon approval of the need for movement by the Department, exposed cattle may move to the following:

(1) A slaughter facility requested by the owner and approved by the Department as being capable of maintaining identification of the animals.

(2) A saleyard requested by the owner and approved by the Department as being capable of maintaining identification and separation of the animals.

(3) A Specifically Approved Stockyard.

(4) Premises under the control of the owner of the cattle, approved by the Department as suitable for segregated pasture or feeding only, and which will not result in exposure of other animals to possible disease risk. When the feeding period is completed, the cattle must have a written Permit to Move to return to the premises of origin or go to slaughter. There shall be no commingling of exposed cattle with other cattle.

(b) Interstate - Restricted Cattle.

Cattle or bison, excluding steers and identified spayed females, from areas under brucellosis quarantine by the federal government, state, or country of origin shall not be allowed to enter California.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 9531, 9161, 9165-9169, 9561-9567, 9570, 9572, 9698-9702, 10301-10311, 10321 -10323, 10351-10359, 10381-10385, 10387, 10401, 10406, 10423, 10492-10496, 10511 and 10512, Food and Agricultural Code.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

2. Repealer of subsections (c)-(c)(5)(C) and amendment of Note filed 7-3-2003 as an emergency; operative 7-3-2003 (Register 2003, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-31-2003 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§753.3. Dealer.

Note • History

A “dealer” means any person or entity who:

(a) purchases, deals in, holds, controls, or sells livestock in California, or

(b) acts as a livestock commission representative or broker, or

A dealer must be licensed with the California Department of Food and Agriculture. In addition to the records required for licensing, dealers shall maintain an individual identification record for each animal sufficient to identify the animal, the seller, and the buyer. Official United States Department of Agriculture backtags are acceptable for identification of cattle consigned to slaughter. The identification information shall be maintained for two (2) years in a manner acceptable to the Department and shall be available for examination and copying during business hours, or other reasonable times, upon request by the Department.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 403, 408, 461, 5006, 9161, 9169, 9531, 9570, 9565-9567, 9572, 10301-10512, and 56107-56110, of the Food and Agricultural Code.

HISTORY

1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754. Area Classification.

Note • History

(a) Classifying Areas. The State of California participates in the brucellosis area classifications of the United States Department of Agriculture Brucellosis Eradication Program as published in the Code of Federal Regulations, Title 9, Section 78.1.

(b) Maintaining Area Classification. Area classification shall be evaluated continuously through monitoring of all brucellosis program activities. An annual report will be submitted by the Department to the United States Department of Agriculture documenting all California brucellosis surveillance activities to determine eligibility for maintaining or changing area classification. Area status may be maintained provided it can be established that:

(1) All herds in the area are participating in surveillance procedures designated by the Department.

(2) All suspects to an official brucellosis test:

(A) are retested until they are determined to be infected or non-infected, or

(B) if not available for retest, all known contact animals or herds are tested or evaluated by a brucellosis epidemiologist.

(3) The number of herds found affected does not exceed specified limits.

(4) All cattle in an affected herd, except steers and identified spayed heifers, are confined to the premises under a Hold Order until the herd has followed the procedures outlined in this Section and is determined to be free of brucellosis or sold for slaughter. All eligible animals, as defined in Section 752.3(e), shall be tested (herd test). The herd is retested at 30-day intervals until the herd passes one negative blood or other official test. Two consecutive negative herd tests are required for release of the Hold Order. The first negative herd test is conducted at least 30 days after all reactors have been removed. The second negative or releasing test occurs six (6) months or more after all reactors have been removed.

An additional herd test is required either between six (6) months and 12 months after an affected herd has been released from Hold Order or between 12 and 18 months after the last reactor has been removed. Any variance to the retest procedures shall be determined by the Designated Epidemiologist.

All of the conditions in this subsection also apply to herds that have participated in a whole-herd vaccination plan.

(5) Herds adjacent to and within one (1) mile of a premises occupied by a herd known to be affected, herds sharing common pasture or having other contact with an affected herd, or herds containing cattle from previous movements from an affected herd, within a time period determined by the District or Designated Epidemiologist, are placed under Hold Order until each herd is evaluated. Herd tests, as determined by the District or Designated Epidemiologist, shall be conducted as part of the evaluation. The Hold Orders may be maintained until brucellosis is eliminated from the area. When the Hold Order is released on the brucellosis affected herd, the District or Designated Epidemiologist reevaluates these potentially exposed herds and notifies these herd owners of the need for additional herd testing.

(6) All other animals (any species) suspected of exposure to brucellosis infection, or found to be infected with brucellosis, are placed under Hold Order and evaluated by the District or Designated Epidemiologist. If necessary, the epidemiologist will design and implement an eradication and/or control program suitable for the Brucella and animal species involved to prevent exposure of livestock to brucellosis.

(7) Any reactors found are disposed of in accordance with Section 752.5 of this Regulation.

(c) Memorandum of Understanding. A Memorandum of Understanding (Herd Plan) shall be developed between the owner of the affected herd, the owner's veterinarian (if available), and the Department. The agreement will describe how the affected herd will be managed to minimize the spread of brucellosis and eliminate the disease from the herd. In all dairy and beef herds under conditions of close confinement, at a minimum, the owner shall:

(1) Provide separate calving pens for isolating cows while calving or aborting.

(2) Closely monitor the herd to assure timely separation of cows to prevent calving outside the calving pens or aborting where other cows are exposed to products of calving.

(3) Delay returning post-parturient cows to the herd until discharge of the placenta and associated fluids is complete.

(4) Promptly remove all products of calving and properly clean and disinfect the calving area.

(5) Provide feeding equipment and implement procedures to prevent contaminating feed with calving products.

(6) Make any other management, vaccination (whole-herd vaccination plan), equipment or premises changes deemed necessary under this agreement.

(7) Set a test schedule and specific dates for accomplishing the tasks described in the Herd Plan.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 403, 408, 461, 520, 521, 527, 5006, 9161, 9169, 9531, 9565-9567, 10304, 10305, 10308, 10322, 10323, 10325, 10381-10385, 10387, 10401, 10403, 10404, 10421 and 10493, Food and Agricultural Code; and Title 9, Part 78, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. Amendment filed 6-22-71; effective thirtieth day thereafter (Register 71, No. 26). For prior history, see Register 63, No. 18.

2. Amendment filed 9-14-81; effective thirtieth day thereafter (Register 81, No. 38).

3. Repealer and new section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.1. Control Areas.

Note • History

(a) Establishing Brucellosis Control Areas. Pursuant to Section 10381 of the Food and Agricultural Code, all counties in the State of California are established as Brucellosis Control Areas. A Brucellosis Control Area is an area established by the Department to qualify and maintain for bovine brucellosis control in accordance with the certification standards of the United States Department of Agriculture.

(b) Managing Control Areas. When a county or area has been established as a Brucellosis Control Area the following shall apply:

(1) Testing and Classifying Animals. Affected herds shall be tested as described in Section 754(b)(4). Brucellosis tests used will qualify the control area for status classification and shall be in conformance with Section 752.3 of this Chapter. Animals and herds shall be classified in conformance with Section 752.4 of this chapter.

(2) Herd Test. A test that includes all cattle described in Section 752.3(e).

(3) Disposing of Reactors, Cleaning, and Disinfecting. As described in Section 752.5(b).

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 403, 408, 461, 520, 521, 527, 5006, 9101, 9163-9169, 9531, 9532, 9561-9567, 9570, 9574, 9698-9702, 10304, 10305, 10308-10311, 10321-10323, 10325, 10382-10385, 10387, 10401, 10403-10407 and 10493-10496, Food and Agricultural Code; and Title 9, Part 78, Code of Federal Regulations, January 1, 1997 Edition.

HISTORY

1. Amendment filed 4-16-68; effective thirtieth day thereafter (Register 68, No. 16). For prior history, see Register 62, No. 5.

2. Amendment filed 12-26-75; effective thirtieth day thereafter (Register 75, No. 52).

3. Amendment filed 9-14-81; effective thirtieth day thereafter (Register 81, No. 38).

4. Repealer and new section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.2. Critical Brucellosis Areas.

Note • History

If brucellosis is reintroduced into a brucellosis free area, and the spread of infection appears imminent, a Critical Brucellosis Area shall be established and the following shall apply:

(a) The county, counties, or area shall be declared a Critical Brucellosis Area by the Department.

(b) Female cattle may enter a Critical Brucellosis Area from within the State only if they bear evidence of official calfhood vaccination against brucellosis. Calves under minimum vaccination age, cattle consigned for immediate slaughter, and those moving between premises controlled by the same owner without change of ownership, are exempt from this requirement.

(c) No person shall move, or cause to be moved, any cattle from a premises in a Critical Brucellosis Area to another premises, either within or outside of a Critical Brucellosis Area, or receive, or cause to be received, any cattle from a premises in a Critical Brucellosis Area unless they are accompanied by evidence of an official negative blood test for brucellosis conducted within 30 days prior to the movement. The following are exempt from the test requirement:

(1) Calves less than four (4) months of age.

(2) Official Strain 19 dairy vaccinates less than 18 months of age and beef vaccinates less than 24 months of age.

(3) Cattle consigned for immediate slaughter.

(4) Cattle moving for feeding purposes to premises under control of the owner and where no commingling with other livestock will occur.

(5) Cattle from herds in which all lactating animals were negative to a brucellosis milk surveillance test and all non-lactating animals were negative to a blood brucellosis test within 30 days prior to the movement.

(6) In cases of demonstrated hardship, or of an emergency beyond the control of the cattle owner, the Department may issue a conditional permit allowing the movement of cattle from one location to another.

(d) There are no Critical Brucellosis Areas.

NOTE

Authority cited: Sections 407, 10324, 10326, 10327 and 10386, Food and Agricultural Code. Reference: Sections 403, 408, 461, 520, 521, 527, 5006, 9531, 9561, 9562-9567, 9570, 9572-9574, 9691-9693, 9698-9702, 10304-10310, 10322, 10323, 10325, 10351-10359, 10381-10385, 10387, 10401, 10403, 10404, 10421, 10493-10496, 10511 and 10512, Food and Agricultural Code.

HISTORY

1. Amendment filed 12-26-75; effective thirtieth day thereafter (Register 75, No. 52). For prior history, see Register 75, No. 2.

2. Amendment filed 9-14-81;effective thirtieth day thereafter (Register 81, No. 38).

3. Repealer and new section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.3. Beef Cattle Brucellosis Regulations (Interstate). [Repealed]

Note • History

NOTE

Authority cited: Sections 407, 9570, 10324 and 10326, Food and Agricultural Code. Reference: Sections 461, 9570 and 10301-10492, Food and Agricultural Code.

HISTORY

1. Amendment of subsections (a) and (c) filed 8-22-78; effective thirtieth day thereafter (Register 78, No. 34). For prior history, see Registers 72, No. 51; 74, No. 37; 75, No. 2; 75, No. 52 and 77, No. 29.

2. Amendment filed 8-2-79; effective thirtieth day thereafter (Register 79, No. 31).

3. Amendment filed 9-14-81; effective thirtieth day thereafter (Register 81, No. 38).

4. Amendment filed 1-13-86; effective thirtieth day thereafter (Register 86, No. 3).

5. Repealer filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.4. Brucellosis Area Certification. [Repealed]

Note • History

NOTE

New authority cited: Sections 407, 9570, 10324, and 10326, Food and Agricultural Code. Reference: Sections 461, 9570, and 10301-10492, Food and Agricultural Code.

HISTORY

1. Amendment of subsection (b) filed 7-11-77; effective thirtieth day thereafter (Register 77, No. 29). For prior history, see Register 75, No. 52.

2. Amendment filed 9-14-81; effective thirtieth day thereafter (Register 81, No. 38).

3. Repealer filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.5. Approved Brucellosis Tests. [Repealed]

Note • History

NOTE

New authority cited: Sections 407, 9570, 10324, and 10326, Food and Agricultural Code. Reference: Sections 461, 9570, and 10301-10492, Food and Agricultural Code.

HISTORY

1. Amendment filed 4-16-68; effective thirtieth day thereafter (Register 68, No. 16). For prior history, see Register 57, No. 16.

2. New subsections (d) and (e) filed 12-26-75; effective thirtieth day thereafter (Register 75, No. 52).

3. Amendment filed 9-14-81; effective thirtieth day thereafter (Register 81, No. 38).

4. Repealer filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.6. Segregation of Feeder Cattle--Moved Interstate. [Repealed]

Note • History

NOTE

Authority cited: Sections 407, 9570, 10324, 10326, and 10386, Food and Agricultural Code. Reference: Sections 461, 9570, and 10301-10492, Food and Agricultural Code.

HISTORY

1. New section filed 1-23-57 as an emergency; effective on filing (Register 57, No. 2).

2. Amendment filed 4-26-57; effective thirtieth day thereafter (Register 57, No. 7).

3. Amendment filed 4-16-68; effective thirtieth day thereafter (Register 68, No. 16).

4. Amendment filed 10-3-69 as an emergency; effective upon filing (Register 69, No. 40).

5. Certificate of Compliance--Section 11422.1, Gov. Code, filed 11-24-69 (Register 69, No. 48).

6. Editorial correction filed 4-29-82 (Register 82, No. 18).

7. Repealer filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.7. Bovine Brucellosis Vaccine and Antigen, Sections 10342 and 10326, California Food and Agricultural Code. [Repealed]

Note • History

NOTE

New authority cited: Sections 407, 9570, 10324, 10326, and 10386, Food and Agricultural Code.

HISTORY

1. New Section filed 9-18-59; effective thirtieth day thereafter (Register 59, No. 16).

2. Amendment filed 4-16-68; effective thirtieth day thereafter (Register 68, No. 16).

3. Repealer filed 5-24-99; operative 6-23-99 (Register 99, No. 22).

§754.8. Prohibition of Importation of Cattle from the State of Texas. [Repealed]

Note • History

NOTE

Authority cited: Sections 407, 9570, 10324 and 10326, Food and Agricultural Code. Reference: Sections 461 and 10326, Food and Agricultural Code.

HISTORY

1. New section filed 6-14-83 as an emergency; effective upon filing (Register 83, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-12-83.

2. Repealer filed 7-8-83 as an emergency; effective upon filing (Register 83, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-5-83.

§754.21. Brucellosis Regulation--Entry of Cattle from Certain Areas. [Repealed]

History

HISTORY

1. New section filed 10-11-68 as an emergency; effective upon filing (Register 68, No. 38).

2. Amendment filed 11-20-68 as an emergency; effective upon filing (Register 68, No. 44).

3. Certificate of Non-compliance (repealer by operation of Sec. 11422.1, Gov. Code) filed 2-6-69 (Register 69, No. 6).

Article 2. Movement of Cattle into California from Mexico

§755. Definitions.

Note • History

(a) As used in this article:

(1) “Accredited Veterinarian” means a veterinarian approved by the USDA in accordance with 9 CFR Part 161 (1/1/02 Edition) to perform functions specified in this article.

(2) “Official brucellosis test” means a test to determine the brucellosis disease status of test-eligible cattle as defined by 9 CFR Part 78, Section 78.1.1 (1/1/02 Edition).

(3) “Official tuberculosis test” is synonymous with “Official tuberculin test” as defined in 9 CFR, Part 77, Section 77.5 (1/1/02 Edition).

(4) “USDA” means the United States Department of Agriculture, Animal and Plant Health Inspection Service.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

1. Amendment of article 2 heading and new article 2 (sections 755-755.6) and section filed 7-3-2003 as an emergency; operative 7-3-2003 (Register 2003, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-31-2003 or emergency language will be repealed by operation of law on the following day. For prior history of article 2, see Register 59, No. 3.

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§755.1. General Requirements.

Note • History

(a) The State Veterinarian may impose a quarantine pursuant to Food and Agricultural Code section 9562 if the requirements as specified in this article have not been met, or to amend the requirements for entry into California in response to a change in disease status in any location, state, territory or country as determined by the State Veterinarian.

(b) The provisions of this article are in addition to other provisions that may be required for moving animals into and within California as specified in statute or regulation.

(c) Any person transporting animals into or within California shall produce any official documents required by the Department or USDA for each load or part of a shipment upon request by the Department or other official to prove that each animal transported meets the requirements of this article. Animals in any load or part of a shipment may be inspected en route or after arrival.

NOTE

Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570, and 9574, Food and Agricultural Code.

HISTORY

1. New section filed 7-3-2003 as an emergency; operative 7-3-2003 (Register 2003, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-31-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§755.2. Certificate of Veterinary Inspection.

Note • History

(a) A Certificate of Veterinary Inspection is a numbered interstate document that is a record of veterinary health inspection of one or more animals, issued on an official form of the state of origin and by an accredited veterinarian from the state of origin.

(b) A Certificate of Veterinary Inspection shall include all of the following:

(1) Date of inspection;

(2) Number of animals in the consignment;

(3) Description of the animals including the species, breed, age, and sex, and the official identification number(s) or registration tattoos;

(4) Name, address, and telephone number of the consignor, consignee, and the origin and destination of the animals;

(5) Interstate livestock entry permit number, when required;

(6) Statement of the purpose for which the animals are being moved;

(7) Statement by the owner or accredited veterinarian at the point of origin as required by the Department or USDA for the interstate or intrastate movement of animals.

(8) Signed by the accredited veterinarian who examined the animals in the shipment.

(c) A copy of the completed Certificate of Veterinary Inspection shall be mailed to the Department within 15 days of examination to the following address: Department of Food and Agriculture, Animal Health Branch, 1220 “N” Street, Sacramento, California 95814.

(d) The examining licensed and accredited veterinarian shall indicate on the Certificate of Veterinary Inspection that each animal in the shipment meets California entry requirements.

(e) As an alternative to official individual identification on a Certificate of Veterinary Inspection, another animal identification document may be used if approved by the Department and USDA.

(f) The Department may require a Certificate of Veterinary Inspection for animals entering California because of a disease condition in another state, even though the animals are exempt from obtaining a Certificate of Veterinary Inspection under this article.

(g) All animals shall be transported directly and without delay to the destination stated on the Certificate of Veterinary Inspection.

(h) A Certificate of Veterinary Inspection shall be valid for 30 days following the inspection of the animals described.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

3. Change without regulatory effect amending subsection (c) filed 4-2-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 14).

§755.3. Interstate Livestock Entry Permits.

Note • History

(a) An Interstate Livestock Entry Permit may be required for the importation of animals into California pursuant to the requirements of this article.

(b) An Interstate Livestock Entry Permit is a numbered document issued by the Department for approving the movement of animals that meet entry requirements into California.

(c) Requests for Interstate Livestock Entry Permits shall be made to the Department's Animal Health Branch and before the animals are transported to California. Requests for entry permits may be made by telephone, electronic transmission, or other means approved by the Department. Written application may be required when necessary to accomplish the purposes of this article.

(d) Each Interstate Livestock Entry Permit shall have a unique number and the number may be issued to the applicant by telephone or other electronic means approved by the Department. A copy of the permit will not be sent to the applicant unless specifically requested or it is needed to accompany a shipment.

(e) The applicant for the Interstate Livestock Entry Permit shall establish that all animals in the shipment meet California entry requirements, and possess a Certificate of Veterinary Inspection when required.

(f) The applicant for the Interstate Livestock Entry Permit shall provide the Department with the following information:

(1) Name, address, and telephone number of the shipper or importer;

(2) Origin of the shipment;

(3) The number and description of the animals being shipped including species, breed, age, sex, and purpose for which the animals will be used.

(4) Name, mailing address, and telephone number of entity receiving the animals, or a geographic destination if animals are not being received at the destination mailing address;

(5) Name, address, and telephone number of a contact person in California, if not the owner; and the name, address, and telephone number of the person requesting the permit;

(6) Certificate of Veterinary Inspection number, if available;

(7) Name of the herd veterinarian, if available; and

(8) Must meet the entry requirements for the type of animals entering California.

(g) An Interstate Livestock Entry Permit is required for the entire shipment of animals, which may consist of one or more loads.

(h) All animals shall be transported directly and without delay to the destination stated on the Interstate Livestock Entry Permit.

(i) The State Veterinarian may deny the request for an Interstate Livestock Entry Permit pursuant to sections 9562 and 9570 of the Food and Agricultural Code.

(j) Interstate Livestock Entry Permits shall expire 15 days after issuance.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§755.4. Requirements for Entry into California.

Note • History

(a) Cattle that have been in Mexico and are forty (40) percent or more dairy breed in appearance or genetics shall not be imported into California. This includes steers and spayed heifers.

(b) All cattle originating from Mexico and entering California shall:

(1) Comply with the requirements for entry into the United States pursuant to 9 CFR, Parts 93.400-93.416 and Parts 93.424-93.427 (1/1/02 Edition), USDA Veterinary Services Notice 02-11, and as approved by the Secretary of the Department; and

(2) Have a completed Certificate of Veterinary Inspection with individual animal identification, issued at the time of inspection in the United States. Any test result as required including the name of the laboratory conducting the test, and a representation of the calfhood brucellosis vaccination tattoo as evidence of brucellosis vaccination when required, shall be recorded on, or attached to the Certificate of Veterinary Inspection; and

(3) Each shipment of cattle shall have an Interstate Livestock Entry Permit and meet the additional requirements as stated for the following classes of cattle:

(A) Mexico origin sexually intact cattle more than 6 months of age shall have a negative official tuberculosis and brucellosis test completed within 60 days prior to entering California from Mexico.

(B) Mexico origin female cattle shall be calfhood vaccinated for brucellosis, having a legible vaccination tattoo as evidence of vaccination, before arriving in California.

(c) All Mexico origin cattle passing through or held in another state, or states, of the United States after entry from Mexico will not be considered native to that state, or states, by California unless they have met California's entry requirements and any movement restrictions applicable to Mexican origin cattle.

(d) The Department may require copies of any document, certificate, declaration or affidavit required by the USDA for the entry of ruminants from Mexico.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§755.5. Mexico Origin Cattle Maintained in California.

Note • History

(a) Mexico origin sexually intact cattle shall be quarantined and isolated pursuant to Food and Agricultural Code section 9562 at destination pending the results of an official tuberculosis and official brucellosis test conducted 60-90 days after entering California.

(1) Male cattle may be released from quarantine if negative to the brucellosis and tuberculosis tests.

(2) Female cattle shall continue to be maintained under quarantine until negative to an official brucellosis test conducted 30-60 days after calving.

(3) Animals coming from a Tuberculosis Accredited Free or Tuberculosis Modified Accredited Advanced region within Mexico as defined by the USDA are exempt from the tuberculosis test requirement.

(b) If a brucellosis or tuberculosis reactor animal is found during any testing procedures in California:

(1) The positive animal(s) shall be slaughtered in a state or federally inspected slaughter facility or laboratory, or returned to the regulatory authorities of the country of origin, and

(2) The whole herd, lot, or group shall be evaluated by the designated tuberculosis epidemiologist to determine the risk of spreading disease before release from quarantine.

(c) Mexico origin animals shall not be eligible for indemnity unless they are required to be slaughtered as a result of tests conducted after they have been released for unrestricted movement in California.

(d) Cattle discovered within California that, because of their location, physical appearance, and/or history, appear to be Mexico origin cattle of unknown disease status shall be confined and placed under quarantine until their origin has been determined. It shall be the responsibility of the owner or person in possession of the cattle to produce evidence that the cattle have met requirements to enter and move legally in California. If satisfactory evidence cannot be produced, the cattle in question, depending on their origin and subject to approval by state or federal regulatory authorities, shall be returned directly to Mexico, returned to the state of origin or port of entry, or sold for immediate slaughter. The Department may consider it necessary to identify and/or test the cattle before their export or slaughter pursuant to sections 10382 through 10385 of the Food and Agricultural Code.

(e) All costs of individual and/or herd testing or other required procedures relating to Mexico origin cattle shall be borne by the owner or person in possession of the cattle.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§755.6. Violations.

Note • History

(a) Failure to comply with any part of this article constitutes a violation.

(b) The Department shall act consistent with any existing enforcement authority concurrently or at a later date unless otherwise prohibited. Such authority includes, but is not limited to, the following:

(1) Denial, suspension, or revocation of a license, registration, certificate, permit, exception, or other indicia of authority issued by the Department;

(2) Civil or administrative penalties;

(3) Referral to the appropriate District Attorney or the Attorney General for criminal prosecution or other appropriate remedy; and,

(4) Reimbursement to the Department for any costs incurred due to any violation of this article.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

Article 2.5. Interstate Movement of Cattle and Specified Animals into California

§756. Definitions.

Note • History

(a) As used in this article:

(1) “Accredited Veterinarian” means a veterinarian approved by the USDA in accordance with 9 CFR Part 161 (1/1/02 Edition) to perform functions specified in this article.

(2) “Designated tuberculosis epidemiologist” means a state or federal veterinarian with knowledge of epidemiology, selected by state and federal veterinarians in charge with the concurrence of the USDA. The designated tuberculosis epidemiologist will coordinate and evaluate livestock disease eradication programs as assigned.

(3) “Official tuberculosis test” is synonymous with “Official tuberculin test” as defined in 9 CFR Part 77, Section 77.1 (1/1/02 Edition).

(4) “USDA” means the United States Department of Agriculture, Animal and Plant Health Inspection Service.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

1. Amendment of article 2.5 heading, repealer of article 2.5 (sections 757-759.5) and new article 2.5 (sections 756-759) and section filed 7-3-2003 as an emergency; operative 7-3-2003 (Register 2003, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-31-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§756.1. General Requirements.

Note • History

(b) The provisions of this article are in addition to other provisions that may be required for moving animals into and within California as specified in statute or regulation.

(c) Any person transporting animals into or within California shall produce official documents, including but not limited to, a Certificate of Veterinary Inspection with the Interstate Livestock Entry Permit number as required, with attachments, for each load or part of a shipment upon request by the Department or other official to prove that each animal transported meets the requirements of this article. Animals in any load or part of a shipment may be inspected en route or after arrival.

NOTE

Authority cited: Section 407 and 9932, Food and Agricultural Code. Reference: Sections 9561, 9562, 9570 and 9574, Food and Agricultural Code.

HISTORY

2. Certificate of Compliance as to 7-3-2003 order transmitted to OAL 9-19-2003 and filed 10-20-2003 (Register 2003, No. 43).

§756.2. Certificate of Veterinary Inspection.