BILL NUMBER: AB 1604	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 22, 2008
	AMENDED IN ASSEMBLY  JANUARY 14, 2008
	AMENDED IN ASSEMBLY  JANUARY 7, 2008
	AMENDED IN ASSEMBLY  MARCH 29, 2007

INTRODUCED BY   Assembly Member Parra
   (Principal coauthors: Assembly Members Nunez and Villines)

                        FEBRUARY 23, 2007

   An act to amend Sections 35781, 35861, and 35891 of the Food and
Agricultural Code, relating to milk  , and declaring the urgency
thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1604, as amended, Parra. Market milk: raw milk: standards.
   Existing law prohibits market milk  to contain 
 from containing  , among other things, more than 10
coliform bacteria per milliliter if it is to be sold as raw milk to
the consumer.
   This bill would delete that microbial standard  and would
instead prohibit market milk from containing more than 50 coliform
bacteria per milliliter, at the bulk milk tank  .
   Existing law provides that guaranteed raw milk and grade A raw
milk are both market milk  ,  which  conform
  conforms  to certain specified minimum
requirements, including, among others, that it be cooled, as
specified, and so maintained until it is delivered to the consumer,
at which time it is to contain no more than a certain amount of
bacteria per milliliter or more than 10 coliform bacteria per
milliliter.
   This bill would delete the requirement relating to coliform
bacteria from these standards  and would instead prohibit this
milk from containing more than 50 coliform bacteria per milliliter at
the bulk milk tank  .  The bill would also suspend
enforcement of the coliform standard for raw milk until June 30,
2008.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority  2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

  SECTION 1.  Section 35781 of the Food and Agricultural Code is
amended to read:
   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  , or more than
50 coliform bacteria per milliliter at the bulk milk tank,  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.
  SEC. 2.  Section 35861 of the Food and Agricultural Code is amended
to read:
   35861.  Guaranteed raw milk is market milk which conforms to all
of the following minimum requirements:
   (a) The health of the cows and goats shall be determined at least
once each month by an official representative of an approved milk
inspection service, or a milk inspection service which is established
by the director.
   (b) It shall be produced on dairy farms which score not less than
90 percent on the dairy farm scorecard.
   (c) It shall be bottled on the premises where produced and
delivered in containers which have the pouring lip completely
protected from contamination.
   (d) It shall be cooled as provided in Section 35782, and so
maintained until it is delivered to the consumer, at which time it
shall contain not more than 10,000 bacteria per milliliter  or
more than 50 coliform bacteria per milliliter, at the bulk milk tank
 .
   (e) It shall be sold to the consumer within 30 hours after
production and labeled to indicate the date of sale to the consumer.
  SEC. 3.  Section 35891 of the Food and Agricultural Code is amended
to read:
   35891.  Grade A raw milk is market milk which conforms to all the
following minimum requirements:
   (a) The health of the cows and goats shall be determined at least
once in two months by an official representative of an approved milk
inspection service, or a milk inspection service which is established
by the director.
   (b) It shall be produced on dairy farms that score not less than
90 percent on the dairy farm scorecard.
   (c) It shall be cooled as provided in Section 35782 and so
maintained until delivered to the consumer, at which time it shall
contain not more than 15,000 bacteria per milliliter  , 
 or more than 50 coliform bacteria per milliliter at the bulk
milk tank  .
   SEC. 4.    Notwithstanding contrary provisions,
enforcement of the coliform bacteria standard for raw milk that is
sold to consumers, pursuant to Section 35781, 35861, and 35891 of the
Food and Agricultural Code, shall be suspended until June 30, 2008.

   SEC. 5.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to allow raw milk producers to continue producing, and to
allow consumers continued availability of, raw milk, it is necessary
that this act take effect immediately.