BILL NUMBER: SB 201 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2008
AMENDED IN ASSEMBLY JUNE 16, 2008
AMENDED IN ASSEMBLY JUNE 5, 2008
AMENDED IN ASSEMBLY MARCH 24, 2008
AMENDED IN SENATE JUNE 5, 2007
AMENDED IN SENATE MAY 2, 2007
AMENDED IN SENATE APRIL 12, 2007
INTRODUCED BY Senator Florez
(Principal coauthor: Senator Perata)
(Principal coauthor: Assembly Member Berryhill)
( Coauthor: Assembly Member
Villines )
FEBRUARY 7, 2007
An act to add Article 1.5 (commencing with Section 33461) to
Chapter 5 of Part 1 of Division 15 of the Food and Agricultural Code,
relating to milk.
LEGISLATIVE COUNSEL'S DIGEST
SB 201, as amended, Florez. Dairy farms: raw milk: testing:
standards.
Existing law requires dairy farms to comply with various
sanitation and cleanliness requirements and provides various safety
and cleanliness standards for milk. Specifically, existing law
prohibits market milk from containing, among other things, more than
10 coliform bacteria per milliliter if it is to be sold as raw milk
to the consumer. Existing law also provides that guaranteed raw milk
is market milk which 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 provide alternative requirements for dairy farms
that produce and process guaranteed raw milk , or Grade A raw
milk, to be sold to the consumer and would state that dairy
farms choosing to comply with the alternative requirements do not
have to comply with those existing requirements. Specifically, under
the alternative requirements, this bill would require a dairy farm
that produces and processes raw milk, as defined, to develop and
maintain an individualized Hazard Analysis Critical Control Point
plan for each critical process in the production of raw milk on the
dairy farm, and would require the plan to be approved by the
Department of Food and Agriculture and the State Department of Public
Health, as specified. This bill would require training for certain
dairy farm employees on the Hazard Analysis Critical Control Point
plan, as specified. This bill would authorize the department to
suspend or revoke its approval of a dairy farm's plan under certain
specified circumstances and provides the procedure for that
suspension and revocation.
This bill would prohibit a dairy farm that produces and processes
raw milk pursuant to the alternative requirements from receiving any
raw milk from any other source for purposes of processing that raw
milk, except as specified.
This bill would require a dairy farm that produces and processes
raw milk pursuant to the alternative requirements to have its raw
milk tested twice per week by a state accredited laboratory for
certain bacteria and would require the test results to be transmitted
electronically to the dairy farm, the Department of Food and
Agriculture, and, upon request, the State Department of Public
Health. The bill would provide that, except for the test results of a
certain bacteria, the data and results from the tests shall be used
for informational purposes only and shall not be used for enforcement
purposes. This bill would also require the dairy farms' raw milk to
be tested once a month for certain pathogens that cause illness in
humans, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the Fresh
Raw Milk Act of 2008.
SEC. 2. Article 1.5 (commencing with Section 33461) is added to
Chapter 5 of Part 1 of Division 15 of the Food and Agricultural Code,
to read:
Article 1.5. Fresh Raw Milk Program
33461. For the purpose of this article, the following definitions
shall apply:
(a) "Dairy farm that produces and processes raw milk" means a
vertically integrated operation that includes a dairy farm and
processing plant owned and operated by the same entity that produces
guaranteed raw milk , or Grade A raw milk, to be sold to
the consumer.
(b) "Hazard Analysis Critical Control Point plan" has the same
meaning as in Section 113801 of the Health and Safety Code.
33462. A dairy farm that produces and processes raw milk shall
provide the secretary with written notification of its intent to
comply with this article at least 30 days before submitting any
information required by this article.
33463. (a) A dairy farm that produces and processes raw milk
shall develop and maintain an individualized Hazard Analysis Critical
Control Point plan for each critical process in the production and
processing of raw milk on the dairy farm.
(b) The plan shall be approved or rejected by the department and
the State Department of Public Health within 60 days of receipt.
(c) If the plan is not accepted, the department, in consultation
with the State Department of Public Health, shall provide a written
statement of detailing the reasons for not approving the plan.
(d) A dairy farm that produces and processes raw milk in
compliance with this article shall comply with the plan as approved
by the department and the State Department of Public Health.
(e) Prior to implementation, any material change to an approved
plan shall be approved by the department and the State Department of
Public Health pursuant to subdivision (b) and (c).
(f) A third party specializing in the auditing of Hazard Analysis
Critical Control Point plans that has been approved by the department
may conduct audits of a dairy farm that produces and process raw
milk pursuant to this article to ensure compliance with the plan.
Those audits shall be conducted at a frequency determined by the
secretary.
(g) The results of the audits pursuant to subdivision (f) shall be
transmitted electronically, upon completion, by the auditor to the
dairy farm that is the subject of the audit, the department, and,
upon request, the State Department of Public Health.
33464. (a) A dairy farm that produces and processes raw milk at
which a Hazard Analysis Critical Control Point plan has been
implemented shall provide Hazard Analysis Critical Control Point plan
training for employees who work in the production and processing of
raw milk Training given to employees shall be documented as to date,
trainer, and subject.
(b) Verification of critical limits specified in a Hazard Analysis
Critical Control Point plan shall be conducted by a laboratory
approved by the department prior to implementation of the Hazard
Analysis Critical Control Point plan. Documentation of laboratory
verification shall be maintained with the Hazard Analysis Critical
Control Point plan for the duration of its implementation.
(c) The person entity operating a
dairy farm that produces and processes raw milk pursuant to a Hazard
Analysis Critical Control Point plan shall designate at least one
person to be responsible for verification of the Hazard Analysis
Critical Control Point plan. Training for the designated person shall
include the seven principles of Hazard Analysis Critical Control
Point planning and the contents of the Hazard Analysis Critical
Control Point plan as described in Section 114419.1 of the Health and
Safety Code. Hazard Analysis Critical Control Point plan training
records of the designated person shall be retained for the duration
of employment, or a period of not less than two years, whichever is
greater.
(d) Any critical limit monitoring equipment shall be suitable for
its intended purpose and shall be calibrated as specified by its
manufacturer. The dairy farm that produces and processes raw milk
shall maintain all calibration records for a period not less than two
years.
33465. (a) The department, in consultation with the State
Department of Public Health, may suspend or revoke its approval of a
Hazard Analysis Critical Control Point plan without prior notice if
the department finds any of the following:
(1) The plan poses a public health risk due to changes in
scientific knowledge or the hazards present.
(2) The dairy farm that produces and processes raw milk does not
have the ability to follow its Hazard Analysis Critical Control Point
plan.
(3) The dairy farm that produces and processes raw milk does not
consistently follow its Hazard Analysis Critical Control Point plan.
(b) Within 30 days of written notice of suspension or revocation
of approval, the dairy farm that produces and processes raw milk may
request a hearing to present information as to why the Hazard
Analysis Critical Control Point plan suspension or revocation should
not have taken place or to submit Hazard Analysis Critical Control
Point plan changes.
(c) The hearing shall be held within 15 working days of the
receipt of a request for a hearing. Upon written request of the dairy
farm that produces and processes raw milk, the hearing officer may
postpone any hearing date, if circumstances warrant that action.
(d) The hearing officer shall issue a written notice of decision
within five working days following the hearing. If the decision is to
suspend or revoke approval, the reason for suspension or revocation
shall be included in the written decision.
33466. A dairy farm that produces and processes raw milk is
prohibited from receiving any raw milk from any other source for
purposes of processing that raw milk, unless that source is a
California dairy farm that produces and processes raw milk in
accordance with the standards for raw milk as set forth in this
article.
33467. (a) A dairy farm that produces and processes raw milk
shall have its raw milk tested twice per week by a state accredited
laboratory for coliform, E. Coli 0157:H7, and standard plate count.
The raw milk shall be tested from a location determined as most
appropriate to enhance public health and safety by the secretary, in
consultation with the Department of Public Health.
(b) The results of the tests conducted pursuant to subdivision (a)
shall be transmitted electronically, upon completion, by the
laboratory to the dairy farm that is the subject of the tests, the
department, and, upon request, the State Department of Public Health.
(c) Except for the test results for E. Coli 0157:H7, data and
results from the tests conducted pursuant to this section shall be
used for informational purposes only and shall not be used for
enforcement purposes.
33468. A dairy farm that produces and processes raw milk shall
have its raw milk sampled and tested at least once per month by the
department for pathogens that cause illness in humans, including, but
not limited to, Campylobacter jejuni, E. Coli 0157:H7, Listeria
monocytogenes, and salmonella. The department shall deem raw milk
containing an amount of any such pathogen sufficient to cause illness
in humans as nonconforming. The raw milk samples may be
taken from a location determined as most appropriate to enhance
public health and safety by the secretary, in consultation with the
State Department of Public Health.
33469. (a) A dairy farm that produces and processes raw milk in
compliance with this article shall not be required to comply with the
coliform requirements of Sections 35781 and 35861
, 35861, and 35891 .
(b) A dairy farm that produces and processes raw milk that does
not choose to opt in to this article shall comply with the coliform
requirements of Section 35781 and 35861 ,
35861, and 35891 .