AMENDED IN SENATE MAY 9, 2018

AMENDED IN SENATE APRIL 2, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

95

CHAPTER 510

Statutes of 2018

[ Approved by Governor September 18, 2018. Filed with Secretary of State September 18, 2018. ]

Introduced by Senator Pan

February 8, 2018

An act to add Article 9.5 (commencing with Section 35975) to Chapter 2 of Part 2 of Division 15 of the Food and Agricultural Code, relating to milk.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes milk standards for market milk and cream. Existing law authorizes the Secretary of Food and Agriculture, upon the request of any interested person, to grant a temporary standard for a new milk product or a new product resembling a milk product for an initial period of one year, as provided. Existing law makes a violation of these provisions or the regulations for its enforcement a misdemeanor.

This bill would define “ultra-filtered milk products” and would authorize the secretary to establish milk standards for ultra-filtered milk products sold in California. The bill would require ultra-filtered milk products to meet all standards and requirements for market milk, except as provided, and would require ultra-filtered milk products to be labeled in accordance with applicable federal laws. The bill would require that the term “ultra-filtered” be included in the product name on the product label. By expanding the scope of a crime, this bill would create 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.

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

SECTION 1.

Article 9.5 (commencing with Section 35975) is added to Chapter 2 of Part 2 of Division 15 of the Food and Agricultural Code, to read:

Article 9.5. Ultra-Filtered Milk Products

35975.

(a) For purposes of this article, “ultra-filtered milk products” are market milk products resulting from the filtration of milk to alter the relative quantities of milk solids, including proteins, lactose, and minerals, but excluding fat components. When lactose has been completely or partially removed by filtration, the percentage of total milk solids, not including fat components, may be reduced by no more than the percentage of lactose removed.

(b) The secretary shall have the authority to establish milk standards for ultra-filtered milk products sold in the state.

(c) Ultra-filtered milk products shall meet all standards and requirements for market milk that are specified in this division, except as provided in subdivision (a).

(d) Ultra-filtered milk products shall be labeled in accordance with the applicable provisions of Title 21 of the Code of Federal Regulations. The term “ultra-filtered” shall be included in the product name on the product label.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.