2005 California Food and Agricultural Code Sections 34231-34233 Article 2. Basis for Payment

34231.  (a) Payment for milk, cream, or any fluid derivative of milk
or cream shall be made on the basis of weight or measure and
percentage of the milk fat or the fluid skim milk components or both
contained in it, as determined by samples taken from each farm tank
or lot of the milk, cream, or fluid derivative of milk or cream.
Market milk samples shall be analyzed on a daily basis or on the
smallest lot basis as picked up at the farm.
   (b) Determination of the weight or measure and percentage of milk
fat and fluid skim milk components shall be made through tests
performed in testing facilities approved by the director.
   (c) By mutual agreement between producers and a distributor
purchasing milk, cream or any fluid derivative of milk or cream from
such producers, testing of such products for milk fat content or
fluid skim milk components content may be made by the distributor, or
by an independent testing facility, or by contract with the director
or subject to his approval, with an approved milk inspection
service.  In the absence of mutual agreement, and upon written
application by a majority of the market milk producers or
manufacturing milk producers shipping to any milk products plant, or
by the distributor operating such plant, the director shall, by
procedures established by regulations, designate an employee of the
department to perform such tests, or approve a contract with an
approved milk inspection service, or in the alternative the director
shall designate independent testing facilities to perform such tests.
  The right of petition and designation of independent testing of
milk shall be separate for market milk producers and manufacturing
milk producers.
   (d) The cost, for testing such milk, cream or any fluid derivative
of milk or cream, for any milk inspector or any independent testing
facility operated, designated, or approved by the director shall be
borne equally by the producer and distributor so affected.  Provision
for such joint payment shall be set forth by contract between the
parties concerned and the approved testing facility.  The foregoing
cost determinations shall not limit the services which may be
performed by the milk inspector as set forth in the contract.
   (e) The provisions of subdivisions (c) and (d) shall not apply to
the interplant sales or delivery of milk, cream or any fluid
derivative of milk or cream to a distributor by a nonprofit
cooperative association.  Required tests of such products for either
milk fat content or fluid skim milk components content or both may be
made by the distributor, or the association, or by an independent
testing facility, or by contract with the director or subject to his
approval, with an approved milk inspection service.
   (f) In the event the testing requirements of subdivision (a) of
this section impose hardship on a distributor by reason of the
location of the processing plant of the distributor in an area where
facilities normally used for daily testing are not readily available,
the director may, within his discretion, and upon written
application by the distributor, approve the exemption of the
distributor from such daily testing requirements.
   (g) The director shall require, by regulations, testing of
packaged fluid products to be performed by such methods as to provide
results consistent with, and comparable to, the testing of the raw
product.
34232.  If the director finds, after investigation by him, that
facilities are not available for weighing and testing, upon request
of the parties he may issue a written permit which authorizes the
purchase and sale of milk, cream, or any fluid derivative of milk or
cream upon a gallonage basis.
34233.  This article does not prohibit weighing and sampling on a
route, or the use of composite samples of milk, except as otherwise
provided in Section 34231, or the purchase and sale of market milk
which is obtained from goats on a gallonage basis without the permit
provided for in Section 34232.