Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1390

Introduced by Committee on Agriculture (Eggman (Chair), Olsen (Vice Chair), Dahle, Quirk, and Yamada)

March 4, 2013

An act to amend Section 34008 of the Food and Agricultural Code, relating to milk products.

LEGISLATIVE COUNSEL’S DIGEST

AB 1390, as amended, Committee on Agriculture. Milk products: pasteurization: goat milk.

Existing law requires that all market milk and market milk products, and all milk for manufacturing purposes and manufactured milk products, be pasteurized at the plant where those products are processed and packaged. This provision does not apply to certain products, including licensed milk products plants that are used exclusively for the preparation of ice cream and other, specified milk products.

This bill would additionally exempt from the above provision begin insert goat milk cheese produced at a end insert licensed milk begin delete production plants that produce goat milk products on their premises end delete begin insert products plant that is manufactured from curds made end insert from goat milk begin delete products pasteurized offsite, provided the products are produced, end delete begin insert that has been end insert pasteurized, ultrapasteurized, begin insert or end insert aseptically begin delete processed, concentrated, condensed, or dried in accordance with specified provisions end delete begin insert processed at certain milk products plants end insert . The bill would also make a technical change by deleting an obsolete provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 34008 of the Food and Agricultural Code
is amended to read:

34008.  

(a) All market milk and market milk products, and all
milk for manufacturing purposes and manufactured milk products,
shall be pasteurized at the plant where processed and packaged
unless otherwise provided in this division.

(b) This section does not apply to any of the following:

(1) Licensed milk products plants that are used exclusively for
the preparation of ice cream or ice milk that is manufactured on
the premises from ice cream mix, ice milk mix, or premix that is
supplied by a licensed milk products plant.

(2) Products sold through soft-serve establishments, including
frozen yogurts and frozen dairy desserts.

begin delete

(3) Licensed milk production plants that produce goat milk
products on their premises from goat milk products pasteurized
offsite, provided these products are produced, pasteurized,
ultrapasteurized, aseptically processed, concentrated, condensed,
or dried under regulations that are substantially equivalent to those
set forth in Section 34001 or 34001.5, and the plants are registered
in accordance with the federal FDA Food Safety Modernization
Act (Public Law 111-353).

end delete begin insert

(3) Goat milk cheese produced at a licensed milk products plant,
excluding cottage cheese, manufactured from curds, provided the
curds were made only from goat milk that has been pasteurized,
ultrapasteurized, or aseptically processed, as defined in Sections
34001, 34001.5, and 39701, respectively, at either of the following:

end insert begin insert

(A) A licensed milk products plant.

end insert begin insert

(B) A milk products plant that meets sanitation requirements
substantially similar to those established by Article 3 (commencing
with Section 33761) of Chapter 6, and that is registered as a food
facility with the United States Food and Drug Administration in
accordance with the federal Food, Drug, and Cosmetics Act (21
U.S.C. Sec. 350d).

end insert

(c) The secretary may, by regulation, provide for additional
exemptions from this section.