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AB-2478 Milk.(2003-2004)

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AB2478:v98#DOCUMENT

Amended  IN  Senate  July 27, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2478

Introduced  by  Assembly Member Cogdill

February 19, 2004

An act to amend Section 4507 Sections 32734 and 33452 of the Food and Agricultural Code, relating to fairs milk.


LEGISLATIVE COUNSEL'S DIGEST


AB 2478, as amended, Cogdill. Fairs Milk.
Existing law requires the Secretary of Food and Agriculture to require inspections at least quarterly of all milk products plants that pasteurize milk or milk products, manufacture cheese, or manufacture raw milk cheese, and requires that the inspection procedures include specified elements.
This bill would provide that milk products plants that have been approved to use Hazard Analysis Critical Control Points (HACCP) procedures under the auspices of the National Conference of Interstate Milk Shippers, or a state or federal regulatory agency, may adhere to the inspection protocol of the HACCP regulatory enforcement procedures.
Existing law prohibits a dairy cow farm that was marketing market milk on August 1, 1996, from marketing manufacturing milk, except as specified.
This bill would apply this prohibition to a dairy cow farm that was marketing market milk on August 1, 2004, and would prohibit a dairy cow farm that begins operation on or after that date from marketing manufacturing milk, except as specified. A violation of this provision would be a misdemeanor. Because this bill would expand an existing crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Food and Agriculture to annually classify specified fairs. Existing law requires the department to annually request advice and recommendations for modification of the classification from boards of directors of fairs. In making classifications, the department is required to take into consideration specified criteria.

This bill would, in addition, require the department to take into consideration the quality and age of the buildings located on the grounds when making classifications.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

Section 4507 of the Food and Agricultural Code

Section 32734 of the Food and Agricultural Code is amended to read:

32734.
 (a) In addition to any other provison provision of law, thedirector secretary shall require inspections at least quarterly of all milk products plants that pasteurize milk or milk products, manufacture cheese, or manufacture raw milk cheese. The inspection procedures shall include sanitation inspections and pasteurization equipment controls and tests, where applicable. The procedure shall include, but is not limited to, all of the following:
(1) Review of all pasteurization records required pursuant to Sections 34007, 34064, and 34065.
(2) Inspection and testing of all pasteurization equipment to ensure its cleanliness and proper operating condition.
(3) Inspection of all equipment, facilities, raw milk and milk products handling practices, and surroundings to ensure adequate sanitation.
(4) Sampling and testing of raw products and processed milk products.
(b) The findings of all inspections, sample results, controls, and tests shall be prepared in writing by the inspector and submitted to the director secretary.
(c) Milk products plants that have been approved to use Hazard Analysis Critical Control Points (HACCP) procedures under the auspices of the National Conference of Interstate Milk Shippers, or a state or federal regulatory agency, may adhere to the inspection protocol of the HACCP regulatory enforcement procedures.

Section 33452 of the Food and Agricultural Code is amended to read:

33452.
 (a) A dairy cow farm that was marketing market milk, including milk that meets the definition of restricted use market milk, on August 1, 1996 2004, shall not market manufacturing milk. However, annually on January 1 such a dairy may elect to market manufacturing milk for a 12-month period. This provision applies to a dairy cow farm that was marketing manufacturing milk on August 1, 1996 2004, that subsequently obtains a market milk grade A permit, but does not apply if the facility is sold or leased to a new operator. A dairy cow farm that begins operation on or after August 1, 2004, shall not market manufacturing milk except as provided in this section.
(b) This section does not apply to dairy goat farms.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

is amended to read:

4507.

The department shall annually classify fairs that are required to file reports pursuant to Section 4505. The department shall annually request advice and recommendations for modification of the classification from boards of directors of fairs. In making classifications, it shall take into consideration all of the following:

(a)The type and class of agriculture, including livestock, industrial, and natural resources that are exhibited, and the amount of premiums which are paid in accordance with the approved premium list of the fair.

(b)Whether the fair is regional in nature, offers a special feature for agriculture, livestock, or industry, or is a sectional fair limiting exhibits to the region in which the fair is held, and other characteristics and factors that the department deems necessary.

(c)The ratio of attendance at the fair to the population of the area that is served by it.

(d)The efficiency of management, including operational procedures, revenue from sources other than the state, quality of exhibits, and community interest in the fair.

(e)The extent and nature of interim utilization of fair property as promoted by the fair management.

(f)The need of the fair for money from state sources.

(g)The quality and age of the buildings located on the grounds.