2005 California Food and Agricultural Code Sections 35781-35788 Article 2. Market Milk Standards and Grades

FOOD AND AGRICULTURAL CODE
SECTION 35781-35788

35781.  (a) Except as otherwise provided in this article, market
milk shall not contain any of the following:
   (1) More than 15,000 bacteria per milliliter if to be sold as raw
milk to the consumer.
   (2) More than 50,000 bacteria per milliliter if to be sold as raw
milk for pasteurization or more than 750 bacteria per milliliter
after having been subjected to laboratory pasteurization which has a
time-temperature equivalent to that required in Section 34001 before
pasteurization.
   (3) More than 15,000 bacteria per milliliter or more than 10
coliform bacteria per milliliter at time of delivery to the consumer,
if pasteurized.
   (4) More than 750 coliform bacteria per milliliter in raw milk for
pasteurization.  Samples shall be taken while the milk is on the
premises of the producer.
   (5) More than 800,000 somatic cells per milliliter, as determined
by direct microscopic somatic cell count, electronic somatic cell
count, or optical somatic cell count.  After January 1, 1990, the
maximum somatic cell count shall be 600,000 somatic cells per
milliliter, as determined by the methods specified in this paragraph.
  This paragraph does not apply to market goat milk.
   (b) The director may, by regulation, require different standards
for raw market milk for pasteurization from the standards in this
section if he or she determines, after an administrative hearing,
that the standards are necessary to protect or improve milk quality.
35781.5.  A milk producer delivering in cans on delivery to a plant
receiving both graded market milk and ungraded market milk or
manufacturing milk shall label each can containing market milk as to
the producer and grade of such market milk.
35782.  Market milk shall be cooled to 45 degrees Fahrenheit or
below, whether it is raw or pasteurized, and, except as otherwise
provided in Section 35783, shall be so maintained until it is
delivered to the consumer.
35783.  Market milk for pasteurization shall be cooled to 50 degrees
Fahrenheit or below and shall be maintained in transit at not to
exceed 52 degrees Fahrenheit.  On or before January 1, 1972, all
market milk dairies shall provide sufficient refrigeration capacity
to reduce the temperature of the milk to 50 degrees Fahrenheit or
below, as indicated by a recording thermometer, within one hour after
completion of the first milking, or five hours after the beginning
of milking, whichever is first, and to maintain it at such
temperature until delivery.  The director may promulgate regulations
to provide for temporary deviations from the requirements of this
section that may occur as a result of emergencies arising from
equipment failure, or as a result of other unusual circumstances;
provided, however, that the quality and safety of the product are not
adversely affected.
35783.1.  On or before January 1, 1972, a recording thermometer
shall be installed in each dairy farm milk storage tank used to cool
or store raw market milk for pasteurization during the milking
process.  If a farm pickup tanker is used in lieu of a dairy farm
tank then the recording thermometer shall be installed in the
pipeline following the cooling device.  Nothing in this section shall
be construed as meaning that a recording thermometer must be
attached when milk tankers are moved over the road.  The director
shall issue regulations providing standards for such thermometer
including installation and operation.
35784.  Market milk, at the time of delivery to the consumer, shall
contain not less than 3.5 percent of milk fat and not less than 8.7
percent solids not fat.  The minimum percentages of milk fats and
solids not fat required by this section may vary by an amount no
greater than 0.1 of 1 percent, provided that the total combined
percentages of milkfat and solids not fat, at the time of delivery to
the consumer, shall equal or exceed 12.2 percent.
35784.1.  Market milk produced and marketed pursuant to Article 7
(commencing with Section 35921) of this chapter and Sections 35861
and 35891 shall contain not less than 3.5 percent of milk fat and not
less than 8.5 percent of solids not fat.  The minimum percentages of
milk fat and solids not fat required by this section, may vary by an
amount no greater than 0.1 of 1 percent, provided that the total
combined percentages of milk fat and solids not fat, at the time of
delivery to the consumer, shall equal or exceed 12 percent.
35785.  Market milk which is produced for sale under the supervision
of an approved milk inspection service, or a milk inspection service
which is established and conducted by the director, shall be in
conformity with the provisions for the respective grades as defined
in this chapter.
35786.  Market goat milk may be standardized to a milk fat content
of not less than 2.8 percent.  Market goat milk at the time of
delivery to the consumer shall contain not less than 8.0 percent of
solids not fat.
35787.  Where a milk inspection service has been approved or
established pursuant to this code, market milk shall be graded and
designated into one of the following classes:
   (a) "Certified milk."
   (b) "Guaranteed milk."
   (c) "Grade A milk."
35788.  It is unlawful for any person to sell any milk as, or under
the representation of, guaranteed or grade A milk, except under the
supervision of a milk inspection service which is approved by the
director or which is established and conducted by the director.


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