The Milk and Milk Products Act of 1947, regulates the production and sale of milk and specified related products in this state and requires various entities to obtain a permit from the Secretary of Food and Agriculture to engage in specified related business practices.
The act authorizes the secretary to issue a limited packaging permit to a semifrozen (soft-serve) milk products plant for on-premises manufacture and packaging of hard frozen dairy products or hard frozen dairy product novelties.
This bill would repeal that provision.
The act requires specified entities that manufacture hard frozen or semifrozen dairy products for the use of any patron, guest, or employee to obtain a limited manufacturing permit.
This bill
would instead require those entities to obtain a limited frozen manufacturing permit, which would replace the limited manufacturing permit, as specified, and would extend this requirement to additional entities, hard frozen and semifrozen nondairy desserts, and patients.
The act 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 processed and packaged, except as specified.
This bill would additionally except from that requirement licensed milk products plants that are used exclusively for the preparation of frozen yogurt, frozen dairy dessert, or frozen dessert, as specified, and frozen and semifrozen products sold through establishments issued the limited frozen manufacturing permit.
The act requires every person that is engaged in the business of dealing in, receiving,
manufacturing, freezing, or processing ice cream, ice milk, sherbet, or any similar frozen product, of manufacturing, freezing, or processing imitation ice cream, imitation ice milk, or any similar frozen product, or of processing any other dairy product for which a license is required, to pay specified permit and license fees. Under the act, the fee for a semifrozen (soft-serve) milk products plant license is $225, and the fee for a limited manufacturing permit is $225.
This bill increase these fees to $325 and $600 respectively. The bill would also authorize the secretary to increase these and other specified fees by an amount no more than 3% per annum, not to exceed the reasonable costs of services provided.
A violation of the act is a misdemeanor, punishable by a fine of not less than $50 nor more than $1,000, or by imprisonment in the county jail for not less than 10 days nor more than 90 days, or both.
By extending the provisions of the act to additional entities and products, this bill would expand the scope of a crime and would thereby 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.