Article 3 - Licensing of Milk Products Plants and Other Places of Business

Sections (9)

Enacted by Stats. 1967, Ch. 15.

A person shall not engage in any of the following businesses unless he has obtained a license from the director for each separate milk products plant or place of business:

(a)Dealing in, receiving, manufacturing, freezing, or processing milk, or any product of milk.

(b)Manufacturing, freezing, or processing imitation ice cream or imitation ice milk.

§ 35012

Enacted by Stats. 1967, Ch. 15.

An application for a milk products plant license shall be made on a form which is prescribed by the director. It shall state all of the following:

(a)The name and address of the applicant.

(b)The address of the milk products plant.

(c)Such other information as to the nature of the applicant’s business as the director may require.

§ 35013

Amended by Stats. 2004, Ch. 460, Sec. 11. Effective January 1, 2005.

Each application shall be accompanied by a fee in an amount which is established for the particular license by Section 35221.

§ 35014

Enacted by Stats. 1967, Ch. 15.

Upon receipt of an application for a milk products plant license, the director shall investigate the equipment and the sanitary condition of the milk products plant for which the application for a license has been made.

§ 35015

Enacted by Stats. 1967, Ch. 15.

If the condition of the milk products plant is found to be satisfactory, a milk products plant license shall be issued by the director to the applicant.

§ 35016

Amended by Stats. 2018, Ch. 92, Sec. 76. (SB 1289) Effective January 1, 2019.

(a)Except as provided in subdivision (b), any hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures a product of milk for the use of, or purchase by, any patron, guest, patient, or employee shall obtain a milk products plant license.

(b)(1) A hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency that manufactures hard frozen or semifrozen dairy products, or hard frozen or semifrozen nondairy desserts, for the use of, or purchase by, any patron, guest, patient, or employee shall obtain a limited frozen manufacturing permit from the secretary.

(2)The permit may be issued only after the secretary

determines that the facility is suitable for manufacturing those products.

(3)A permit issued pursuant to this subdivision may be renewed annually, if the facility is found by the secretary, based on an onsite evaluation, to be in compliance with the conditions specified in subdivision (c).

(c)A hotel, restaurant, food facility, boardinghouse, hospital, or other concern or agency issued a limited frozen manufacturing permit pursuant to this section shall meet all of the following standards:

(1)The hard frozen and semifrozen products manufactured shall only be sold directly to purchasers on the premises of the permitted facility for the purpose of consumption. A hard frozen or semifrozen product manufactured pursuant to the limited frozen manufacturing permit shall not be sold for wholesale or resale.

(2)All dairy ingredients used in the manufacture of hard frozen and semifrozen products shall have been prepasteurized at a licensed milk products plant. The receiving, processing, use, or handling of raw dairy ingredients is not permitted in a facility issued a limited frozen manufacturing permit.

(3)Adequate facilities, consistent with recognized good manufacturing practices for the manufacture of hard frozen and semifrozen dairy products, as determined by the secretary, shall be provided as a condition of the limited frozen manufacturing permit. The facilities shall include, but not be limited to, adequate utensil and container washing, sanitization and storage, and sufficient sanitary work areas, including handwashing facilities, dedicated to the manufacture of hard frozen and semifrozen dairy products or hard frozen and semifrozen nondairy desserts. Sanitation standards

consistent with good manufacturing and handling practices for retail food establishments in conformance with Part 117 (commencing with Section 117.1) of Title 21 of the Code of Federal Regulations shall be utilized by the secretary as a condition for issuance and renewal of the limited frozen manufacturing permit.

(4)The hotel, restaurant, boardinghouse, hospital, or other concern or agency shall not manufacture more than 7,500 gallons of hard frozen or semifrozen dairy products and hard frozen and semifrozen nondairy desserts during any year. Records documenting the volume of production of these hard frozen and semifrozen products manufactured during the preceding 12-month period shall be maintained at a facility issued a limited frozen manufacturing permit and shall be available for inspection by the secretary.

(5)Hard frozen dairy products or nondairy frozen desserts

manufactured at a facility issued a limited frozen manufacturing permit may be packaged exclusively for sale on the premises to patrons and guests. Packaging of frozen or semifrozen products for purposes of wholesale, resale, or for sale off the premises of the facility is prohibited. All packaged products shall be labeled with the manufacturer’s name, address, and limited frozen manufacturing permit number and comply with all applicable food labeling provisions of state and federal law.

§ 35017

Enacted by Stats. 1967, Ch. 15.

This article does not apply to any of the following:

(a)Any private home that is manufacturing for its own use.

(b)Any retailer that is dealing in finished products which are received from a distributor or producer in final form.

(c)Any producer that is selling milk and cream exclusively at wholesale for manufacturing, freezing, or processing milk and milk products.

(d)Any producer whose business consists exclusively of producing and distributing raw market milk produced by such producer.

§ 35018

Enacted by Stats. 1967, Ch. 15.

Every milk products plant license expires at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year or such part of the month as may be necessary for the renewal of such license by the director.

§ 35019

Enacted by Stats. 1967, Ch. 15.

Any license may be renewed each successive year, if the plant for which a previous license was issued and the business of such plant has been conducted in accordance with the requirements of this division during the year next preceeding that for which the renewal is requested. The correct amount of the fee for the renewal of the license shall be forwarded with the application for renewal.