Article 2 - Market Milk Standards and Grades

California Food and Agricultural Code — §§ 35781-35788

Sections (12)

Amended by Stats. 2007, Ch. 339, Sec. 2. Effective January 1, 2008.

(a)Except as otherwise provided in this article, market milk shall not contain any of the following:

(1)More than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter if to be sold as raw milk to the consumer.

(2)More than 50,000 bacteria per milliliter if to be sold as raw milk for pasteurization or more than 750 bacteria per milliliter after having been subjected to laboratory pasteurization which has a time-temperature equivalent to that required in Section 34001 before pasteurization.

(3)More than 15,000 bacteria per milliliter or more than 10 coliform bacteria per milliliter at time of delivery to the consumer, if pasteurized.

(4)More than 750 coliform bacteria per milliliter in raw milk for pasteurization. Samples shall be taken while the milk is on the premises of the producer.

(5)More than 800,000 somatic cells per milliliter, as determined by direct microscopic somatic cell count, electronic somatic cell count, or optical somatic cell count. After January 1, 1990, the maximum somatic cell count shall be 600,000 somatic cells per milliliter, as determined by the methods specified in this paragraph. This paragraph does not apply to market goat milk.

(b)The director may, by regulation, require different standards for raw market milk for pasteurization from the standards in this section if he or she determines, after an administrative hearing, that the standards are necessary to protect or improve milk quality.

§ 35781.5

Added by Stats. 1967, Ch. 191.

A milk producer delivering in cans on delivery to a plant receiving both graded market milk and ungraded market milk or manufacturing milk shall label each can containing market milk as to the producer and grade of such market milk.

§ 35782

Amended by Stats. 1996, Ch. 427, Sec. 4. Effective January 1, 1997.

Market milk shall be cooled to 45 degrees Fahrenheit or below, whether it is raw or pasteurized, and, except as otherwise provided in Section 35783, shall be so maintained until it is delivered to the consumer.

§ 35783

Amended by Stats. 2008, Ch. 236, Sec. 1. Effective August 1, 2008.

Market milk shall be cooled as indicated by a recording thermometer to 50 degrees Fahrenheit (10 degrees Celsius) or less within four hours of the commencement of the first milking and to 45 degrees Fahrenheit (7 degrees Celsius) or less within two hours of the completion of milking. The blend temperature after the first milking and subsequent milkings, or milk in transit on bulk milk tankers, shall not exceed 50 degrees Fahrenheit (10 degrees Celsius). The secretary may promulgate regulations to provide for temporary deviations from the requirements of this section that may occur as a result of emergencies arising from equipment failure, or as a result of other unusual circumstances; provided, however, that the quality and safety of the product are not adversely affected.

§ 35783.1

Amended by Stats. 2009, Ch. 140, Sec. 75. (AB 1164) Effective January 1, 2010.

A recording thermometer shall be installed in each dairy farm milk storage tank used to cool or store market milk during the milking process. If a farm pickup tanker is used in lieu of a dairy farm tank, the recording thermometer shall be installed in the pipeline following an effective cooling device that cools the milk to 45 degrees Fahrenheit (7 degrees Celsius) or less. Nothing in this section shall be construed as meaning that a recording thermometer must be attached when milk tankers are moved over the road. The secretary shall issue regulations providing standards for these thermometers including installation and operation.

§ 35784

Amended by Stats. 2019, Ch. 301, Sec. 2. (AB 466) Effective January 1, 2020.

Market milk, except as provided in Section 35784.2, at the time of delivery to the consumer, shall contain not less than 3.5 percent of milk fat and not less than 8.7 percent of solids not fat. The minimum percentages of milk fats and solids not fat required by this section may vary by an amount no greater than 0.1 of 1 percent, if the total combined percentages of milk fat and solids not fat, at the time of delivery to the consumer, equals or exceeds 12.2 percent.

§ 35784.1

Amended by Stats. 1978, Ch. 28.

Market milk produced and marketed pursuant to Article 7 (commencing with Section 35921) of this chapter and Sections 35861 and 35891 shall contain not less than 3.5 percent of milk fat and not less than 8.5 percent of solids not fat. The minimum percentages of milk fat and solids not fat required by this section, may vary by an amount no greater than 0.1 of 1 percent, provided that the total combined percentages of milk fat and solids not fat, at the time of delivery to the consumer, shall equal or exceed 12 percent.

§ 35784.2

Added by Stats. 2019, Ch. 301, Sec. 3. (AB 466) Effective January 1, 2020.

(a)(1) Notwithstanding any other law, 6 percent milk is a standard of identity and shall contain not less than 6 percent of milk fat and not less than 8.7 percent of solids not fat at the time of delivery to the consumer.

(2)The minimum percentages of milk fat and solids not fat prescribed by this section may vary by an amount no greater than 0.1 of 1 percent, if the total combined percentages of milk fat and solids not fat equals or exceeds 14.7 percent at the time of delivery to the consumer.

(b)The secretary may establish milk standards for 6 percent milk

sold in the state.

(c)Six percent milk shall meet all of the following:

(1)All the standards and requirements for market milk as specified in this division, except as provided for in subdivision (a).

(2)The applicable labeling requirements required pursuant to Title 21 of the Code of Federal Regulations. The name used on the label shall be “6 percent milk” or “6% milk.”

§ 35785

Enacted by Stats. 1967, Ch. 15.

Market milk which is produced for sale under the supervision of an approved milk inspection service, or a milk inspection service which is established and conducted by the director, shall be in conformity with the provisions for the respective grades as defined in this chapter.

§ 35786

Amended by Stats. 1989, Ch. 512, Sec. 1.

Market goat milk may be standardized to a milk fat content of not less than 2.8 percent. Market goat milk at the time of delivery to the consumer shall contain not less than 8.0 percent of solids not fat.

§ 35787

Enacted by Stats. 1967, Ch. 15.

Where a milk inspection service has been approved or established pursuant to this code, market milk shall be graded and designated into one of the following classes:

(a)“Certified milk.”

(b)“Guaranteed milk.”

(c)“Grade A milk.”

§ 35788

Enacted by Stats. 1967, Ch. 15.

It is unlawful for any person to sell any milk as, or under the representation of, guaranteed or grade A milk, except under the supervision of a milk inspection service which is approved by the director or which is established and conducted by the director.