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2009 California Food and Agricultural Code - Section 32731-32734 :: Article 2. Inspection And Samples
FOOD AND AGRICULTURAL CODESECTION 32731-32734
32731. The director may do all of the following: (a) Enter and inspect any premises or conveyance where any provision of this division is applicable. (b) Take a sample of any milk, cream, product of milk or cream, or product resembling milk products. (c) Impound and hold for analysis or as evidence any milk, cream, product of milk or cream, or product resembling milk products. (d) Impound and hold for analysis or as evidence any container of milk, cream, or product of milk or cream. (e) Examine, inspect, test or by other means determine the health of any cow or goat. (f) Exclude from the herd any animal which produces milk that is unfit for human consumption. 32732. No prosecution which is based upon a sample of milk, cream, a product of milk or cream, or a product resembling milk products shall be had unless a duplicate of the sample is left with the accused. Samples which are taken in connection with the establishment of proof of fraudulent manipulation of the tests for the basis of payment for milk or cream, need not, however, be given to the accused. 32733. Samples of milk, milk products, and products resembling milk products to be tested for coliform bacteria shall be taken at the plant where packaged or from delivery vehicles owned or operated by the plant. Sampling procedures and laboratory methods for the determination of coliform bacteria shall be established by regulations issued by the director to insure accuracy of the sampling. 32734. (a) In addition to any other provision of law, the secretary shall require inspections at least quarterly of all milk products plants that pasteurize milk or milk products, manufacture cheese, or manufacture raw milk cheese. The inspection procedures shall include sanitation inspections and pasteurization equipment controls and tests, where applicable. The procedure shall include, but is not limited to, all of the following: (1) Review of all pasteurization records required pursuant to Sections 34007, 34064, and 34065. (2) Inspection and testing of all pasteurization equipment to ensure its cleanliness and proper operating condition. (3) Inspection of all equipment, facilities, raw milk and milk products handling practices, and surroundings to ensure adequate sanitation. (4) Sampling and testing of raw products and processed milk products. (b) The findings of all inspections, sample results, controls, and tests shall be prepared in writing by the inspector and submitted to the secretary. (c) Milk products plants that have been approved to use Hazard Analysis Critical Control Points (HACCP) procedures under the auspices of the National Conference of Interstate Milk Shipments, or a state or federal regulatory agency, may adhere to the inspection protocol of the HACCP regulatory enforcement procedures.
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