BILL NUMBER: AB 621	CHAPTERED  09/06/05

	CHAPTER  222
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	PASSED THE ASSEMBLY  MAY 16, 2005
	AMENDED IN ASSEMBLY  APRIL 26, 2005

INTRODUCED BY   Assembly Member Cogdill

                        FEBRUARY 17, 2005

   An act to amend Sections 32734 and 33452 of the Food and
Agricultural Code, relating to milk.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 621, Cogdill  Milk.
   Existing law requires the Secretary of Food and Agriculture to
require inspections at least quarterly of all milk products plants
that pasteurize milk or milk products, manufacture cheese, or
manufacture raw milk cheese, and requires that the inspection
procedures include specified elements.
   This bill would provide that 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.
   Existing law prohibits a dairy cow farm that was marketing market
milk on August 1, 1996, from marketing manufacturing milk, except as
specified.
   This bill would apply this prohibition to a dairy cow farm that
was marketing market milk on August 1, 2005, and would prohibit a
dairy cow farm that begins operation on or after January 1, 2006,
from marketing manufacturing milk, except as specified. A violation
of this provision would be a misdemeanor. Because this bill would
expand an existing crime, it would impose a state-mandated local
program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 32734 of the Food and Agricultural Code is
amended to read:
   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.
  SEC. 2.  Section 33452 of the Food and Agricultural Code is amended
to read:
   33452.  (a) A dairy cow farm that was marketing market milk,
including milk that meets the definition of restricted use market
milk, on August 1, 2005, shall not market manufacturing milk.
However, annually on January 1 such a dairy may elect to market
manufacturing milk for a 12-month period. This provision applies to a
dairy cow farm that was marketing manufacturing milk on August 1,
2005, that subsequently obtains a market milk grade A permit, but
does not apply if the facility is sold or leased to a new operator. A
dairy cow farm that begins operation on or after January 1, 2006,
shall not market manufacturing milk except as provided in this
section.
   (b) This section does not apply to dairy goat farms.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.