BILL NUMBER: AB 1390	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013

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 
goat milk cheese produced at a  licensed milk 
production plants that produce goat milk products on their premises
  products plant that is manufactured from curds made
 from goat milk  products pasteurized offsite, provided
the products are produced,   that has been 
pasteurized, ultrapasteurized,  or  aseptically 
processed, concentrated, condensed, or dried in accordance with
specified provisions   processed at certain milk
products plants  . 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. 
   (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).  
   (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:
 
   (A) A licensed milk products plant.  
   (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). 
   (c) The secretary may, by regulation, provide for additional
exemptions from this section.