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2005 California Food and Agricultural Code Sections 32761-32767 Article 4. Condemnation

FOOD AND AGRICULTURAL CODE
SECTION 32761-32767

32761.  The director may condemn any of the following:
   (a) Milk or cream which is found to be impure, tainted, unclean,
adulterated, or unwholesome.
   (b) Milk or cream that is produced, handled, or kept in an
insanitary place.
32761.5.  The director shall test milk and milk products for the
presence of drug residues.  The director may adopt, by regulation,
official drug residue testing methods and procedures for industry
testing of raw milk from all bulk raw milk pickup tankers, prior to
processing, for the presence of beta-lactam drugs and for other drug
residues, as determined by the director.  The director shall adopt,
by regulation, official drug residue testing methods used for the
detection of drug residue in farm bulk milk tanks, bulk milk pickup
tankers, and milk and milk products in processing plants, wholesale
outlets, and retail outlets.
32762.  The director may mark any condemned milk or cream for
identification.
32763.  The director shall prescribe the method of marking condemned
milk or cream for identification but shall not, in marking condemned
milk or cream, add any substance to it which shall render the
condemned milk or cream unsuitable for a use or purpose except human
consumption.
32764.  Condemned milk or cream which has been marked for
identification shall be returned to the producer of the milk or
cream, if requested by the producer, or shall be used in the
manufacture of products other than products which are used for human
consumption, or shall be destroyed.  Such condemned milk or cream
which has been marked for identification shall not be destroyed until
the producer of the milk or cream has been notified.  Upon such
notification the producer shall immediately request the milk or cream
be returned to him at his expense or request that it be destroyed.
32765.  The director may condemn any product of milk or cream or
product resembling a milk product which is within any of the
following classes:
   (a) Impure, unclean, unwholesome, or stale.
   (b) Produced or manufactured, handled, or kept in an insanitary
place.
   (c) Adulterated or mislabled.
32766.  The director may destroy or mark for identification with a
nontoxic substance, any condemned product of milk or cream or product
resembling a milk product.
32767.  No manufactured product of milk or cream or product
resembling a milk product may be destroyed by the director without
due notice to the owner of the product, and a hearing before the
director or an officer designated by him.


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