BILL ANALYSIS                                                                                                                                                                                                    �



                           SENATE COMMITTEE on AGRICULTURE
                          Senator Cathleen Galgiani, Chair

          BILL NO:    AB 1390                   HEARING:  06/18/13
          AUTHOR:   Assembly Agriculture CommitteeFISCAL:  No
          VERSION:  04/16/13                    CONSULTANT:  Anne Megaro
          
                      Milk products: pasteurization: goat milk.

           SUMMARY  :

          This bill allows licensed milk products plants to import  
          pasteurized goat milk cheese curd from separate, off-site  
          licensed milk products plants or similar food facilities  
          registered with the U.S. Food and Drug Administration for the  
          purposes of goat milk cheese manufacturing.  


           BACKGROUND AND EXISTING LAW  :

          Existing law requires that all milk and milk products be  
          pasteurized, processed, and packaged at a single site unless  
          otherwise exempted by law (Food and Agriculture Code � 34008) or  
          by regulations as determined by the secretary of the California  
          Department of Food and Agriculture (CDFA).  The few exceptions  
          include licensed milk products plants that are used exclusively  
          for the production of ice cream or ice milk manufactured from a  
          mix or premix that is supplied by a separate licensed milk  
          products plant, and soft-serve products such as frozen yogurt.

           "Milk products plant"  is defined to mean any place in which a  
          person engages in the business of handling, receiving,  
          manufacturing, freezing, processing, or packaging milk, or any  
          product of milk or engages in the business of manufacturing,  
          freezing, or processing imitation ice cream or imitation ice  
          milk.  "Milk products plant" does not include a properly  
          licensed retail food facility that packages dairy products in  
          the presence of the consumer or cuts and wraps cheese for  
          consumer sales on the premises. (Food and Agriculture Code  
          �32513).

          Existing law provides pasteurization requirements for milk  
          products and sanitation requirements for milk products plants.   
          Several methods of acceptable pasteurization include  
          ultrapasteurization and aseptically processed milk products, as  
          defined.

           Goat milk production:   The production of goat milk is seasonal  
          due to the fact that goats are naturally seasonal breeders.   




          AB 1390 - Page 2


          Goats, like humans, produce milk only after parturition  
          (childbirth, or in this instance, "kidding").  There are some  
          methods to encourage goats to breed off-season in order to  
          obtain a continual milk supply; however, the overall  
          availability of goat milk products needed to make goat cheese is  
          inconsistent, and at times, the demand for goat milk products  
          exceeds the availability of local goat milk supply.  



           PROPOSED LAW  :
           This bill:  

                 Allows pasteurized goat milk cheese curd produced at a  
               licensed milk products plant to be transported to a  
               separate licensed milk products plant for the purpose of  
               goat cheese production.

                 Deletes an outdated provision.


          COMMENTS  :
          
           Need for this bill:   According to the author, "The goat cheese  
          industry in California, and throughout the United States, is  
          limited in its ability to grow local goat milk supplies on a  
          year-round basis to meet demand for their products.  As a  
          result, goat cheesemakers enter into supply relationships with  
          other plants which can provide the necessary amount of goat milk  
          ingredients to make their products and fill demand."  Supporters  
          state that this bill "provides a responsible and much needed  
          update of the statute, and reflects the actual supply challenges  
          of goat cheese making here in California."

          This bill would ensure that the law is being followed correctly  
          by authorizing cheese plants to import goat milk cheese curd  
          that has been pasteurized, ultrapasteurized, or aseptically  
          processed from licensed goat milk products plants or similar  
          plants that meet specified sanitation requirements and are  
          registered as a food facility with the U.S. Food and Drug  
          Administration in compliance with the federal Food, Drug, and  
          Cosmetic Act.  Therefore, by including pasteurized goat milk  
          cheese curd as an exemption to on-site processing and packaging  
          requirements, goat cheese manufacturers will have an increased  
          supply of cheese curd while ensuring that safety and quality  
          standards are met, as long as the originating source follows  
          pasteurization requirements, as specified.





          AB 1390 - Page 3




           PRIOR ACTIONS  :

          Assembly Floor 75-0
          Assembly Agriculture  7-0


           SUPPORT  :
          
          Dairy Institute of California (Sponsor)
          Cypress Grove Chevre


           OPPOSITION  :
          
          None received