BILL NUMBER: AB 1735	CHAPTERED
	BILL TEXT

	CHAPTER  339
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2007
	APPROVED BY GOVERNOR  OCTOBER 8, 2007
	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  MAY 17, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007

INTRODUCED BY   Committee on Agriculture (Parra (Chair), La Malfa
(Vice Chair), Berryhill, Dymally, Fuller, Galgiani, Jones, and
Mendoza)

                        MARCH 15, 2007

   An act to amend Sections 33527, 35781, 35783, 35783.1, 35861,
35891, 35893, 35971, 36861, 36951, 36981, 38421, 38671, 38731, and
38791 of, and to repeal and add Article 29 (commencing with Section
38761) of Chapter 5 of Part 3 of Division 15 of, the Food and
Agricultural Code, relating to milk and dairy products.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1735, Committee on Agriculture. Milk and dairy products:
standards.
   Existing law regulates the cooling time for, temperatures of, and
microbial standards for market milk, as specified.
   This bill would reduce the required cooling time and temperatures
of market milk, as specified. This bill would also specify a specific
microbial standard for coliform bacteria within market milk, as
specified.
   Existing law provides that any violation of these provisions is a
misdemeanor.
   Because this bill would change the terms of a crime, the bill
would impose a state-mandated local program.
   Existing law defines half-and-half, ice cream, sherbet, nonfat dry
milk, sour cream, yogurt, and eggnog, for purposes of regulation.
   This bill would set forth limits on the amount of bacteria that
may be present in any of those products.
   Existing law provides that any violation of these provisions is a
misdemeanor.
   Because this bill would change the terms of a crime, the bill
would impose a state-mandated local program.
   Existing federal law defines light cream, coffee cream, or table
cream, light whipping cream or whipping cream, heavy cream or heavy
whipping cream, and whipped cream.
   This bill would provide that these products shall be defined as
food that complies with those provisions and would set forth limits
on the amount of bacteria that may be present in any of those
products. Because this bill would create new crimes, this bill 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 33527 of the Food and Agricultural Code is
amended to read:
   33527.  The milk or cream shall be cooled as provided in Section
35783 and so maintained until delivery to a milk products plant.
  SEC. 2.  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 10
coliform 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.
  SEC. 3.  Section 35783 of the Food and Agricultural Code is amended
to read:
   35783.  Market milk dairies shall provide sufficient refrigeration
capacity to reduce the temperature of the milk, as indicated by a
recording thermometer, to 50 degrees Fahrenheit (10 degrees Celsius)
or less within four hours of the commencement of the first milking
and to 45 degrees Fahrenheit (7 degrees Celsius) or less within two
hours after the completion of milking, and to maintain the milk at
that temperature until delivery. The blend temperature after the
first milking and subsequent milkings shall not exceed 50 degrees
Fahrenheit (10 degrees Celsius). Raw market milk in bulk milk tankers
shall be maintained in transit at a temperature not exceeding 52
degrees Fahrenheit (11 degrees Celsius). 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.
  SEC. 4.  Section 35783.1 of the Food and Agricultural Code is
amended to read:
   35783.1.  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 an effective cooling
device that cools the milk to 45 degrees Fahrenheit (7 degrees
Celsius) or less. 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.
  SEC. 5.  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 not
more than 10 coliform bacteria per milliliter.
   (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. 6.  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 10
coliform bacteria per milliliter.
  SEC. 7.  Section 35893 of the Food and Agricultural Code is amended
to read:
   35893.  Milk for grade A pasteurized milk is market milk that
conforms to all the following minimum requirements:
   (a) The health of the cows or goats shall be determined at least
once in six months by an official representative of an approved milk
inspection service, or a milk inspection service that is established
by the director.
   (b) The milk shall be cooled as provided in Section 35783.
   (c) It shall be produced on dairy farms that score not less than
90 percent on the dairy farm scorecard that is adopted by the
director.
   (d) Shall meet the standards of Section 35781 or the regulation
adopted pursuant thereto.
  SEC. 8.  Section 35971 of the Food and Agricultural Code is amended
to read:
   35971.  Half-and-half is a food that complies with Section 131.180
of Title 21 of the Code of Federal Regulations. Half-and-half shall
contain not more than 20,000 bacteria per milliliter and not more
than 10 coliform bacteria per milliliter.
  SEC. 9.  Section 36861 of the Food and Agricultural Code is amended
to read:
   36861.  Ice cream is a food that complies with Section 135.110 of
Title 21 of the Code of Federal Regulations. Ice cream shall contain
not more than 75,000 bacteria per gram.
  SEC. 10.  Section 36951 of the Food and Agricultural Code is
amended to read:
   36951.  Sherbet is a food that complies with Section 135.140 of
Title 21 of the Code of Federal Regulations. Sherbet shall contain
not more than 75,000 bacteria per gram.
  SEC. 11.  Section 36981 of the Food and Agricultural Code is
amended to read:
   36981.  Quiescently frozen confections means a clean and wholesome
frozen, sweetened, flavored product in the manufacture of which
freezing, which is not accompanied with stirring or agitation
(generally known as quiescent freezing), has been used. This
confection may be acidulated with harmless organic acid, may contain
milk solids, may be made with or without added harmless pure or
imitation flavoring, and with or without added harmless coloring
approved by the secretary. The finished product may contain
stabilizers at a level that is necessary to achieve the desired
function. Quiescently frozen confections shall contain no more than
75,000 bacteria per gram.
  SEC. 12.  Section 38421 of the Food and Agricultural Code is
amended to read:
   38421.  Nonfat dry milk is a food that complies with Section
131.125 of Title 21 of the Code of Federal Regulations. Grade A
nonfat dry milk shall contain not more than 30,000 bacteria per gram
and not more than 10 coliform bacteria per gram. Manufacturing grade
nonfat dry milk shall comply with standards of the United States
Department of Agriculture.
  SEC. 13.  Section 38671 of the Food and Agricultural Code is
amended to read:
   38671.  Sour cream is a food that complies with Section 131.160 of
Title 21 of the Code of Federal Regulations. Sour cream shall
contain not more than 10 coliform bacteria per gram.
  SEC. 14.  Section 38731 of the Food and Agricultural Code is
amended to read:
   38731.  Yogurt is a food that complies with Section 131.200 of
Title 21 of the Code of Federal Regulations. Yogurt shall contain not
more than 10 coliform bacteria per gram, and shall contain not more
than 10 colonies per gram each of molds, yeasts, and other fungi.
  SEC. 15.  Article 29 (commencing with Section 38761) of Chapter 5
of Part 3 of Division 15 of the Food and Agricultural Code is
repealed.
  SEC. 16.  Article 29 (commencing with Section 38761) is added to
Chapter 5 of Part 3 of Division 15 of the Food and Agricultural Code,
to read:

      Article 29.  Light Cream, Heavy Cream, Whipping Creams, and
Whipped Cream


   38761.  For the purposes of this article light cream, light
whipping cream, heavy cream, and whipped cream are market cream
products and shall contain not more than 20,000 bacteria per gram and
not more than 10 coliform bacteria per gram.
   38762.  Light cream, coffee cream, or table cream is a food that
complies with Section 131.155 of Title 21 of the Code of Federal
Regulations.
   38763.  Light whipping cream or whipping cream is a food that
complies with Section 131.157 of Title 21 of the Code of Federal
Regulations.
   38764.  Heavy cream or heavy whipping cream is a food that
complies with Section 131.150 of Title 21 of the Code of Federal
Regulations.
   38765.  Whipped cream is a food that complies with Section 131.25
of Title 21 of the Code of Federal Regulations.
  SEC. 17.  Section 38791 of the Food and Agricultural Code is
amended to read:
   38791.  Eggnog is a food that complies with Section 131.170 of
Title 21 of the Code of Federal Regulations. Eggnog shall contain not
more than 20,000 bacteria per gram and not more than 10 coliform
bacteria per gram.
  SEC. 18.  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.