Article 3. Licensing Of Milk Products Plants And Other Places Of Business of California Food And Agricultural Code >> Division 15. >> Part 1. >> Chapter 12. >> Article 3.

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.

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.

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

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.

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.

(a) Except as provided in subdivision (b), any hotel, restaurant, boardinghouse, hospital, or other concern or agency that manufactures a product of milk for the use of any patron, guest, patient, or employee shall obtain a milk products plant license.
  (b) (1) Any hotel, restaurant, or boardinghouse that manufactures hard frozen or semifrozen dairy products for the use of any patron, guest, or employee shall obtain a limited 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 paragraph (3) of subdivision (c).
  (c) A hotel, restaurant, or boardinghouse issued a limited manufacturing permit pursuant to this section shall meet all of the following standards:
  (1) The hard frozen and semifrozen dairy products manufactured shall be sold only to purchasers for consumption. No hard frozen or semifrozen product manufactured pursuant to the limited manufacturing permit shall be sold for resale.
  (2) The hard frozen and semifrozen dairy products shall be manufactured using prepasteurized dairy ingredients.
  (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 manufacturing permit. The facilities shall include, but not be limited to, adequate utensil and container washing, sterilization and storage, and sufficient sanitary work areas, including handwashing facilities, dedicated to the manufacture of hard frozen and semifrozen dairy products. Sanitation guidelines consistent with good manufacturing and handling practices for retail food establishments manufacturing hard frozen and semifrozen dairy products in conformance with Part 110 (commencing with Section 110.3) 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 manufacturing permit.
  (4) The hotel, restaurant, or boardinghouse shall not manufacture more than 2,500 gallons of hard frozen or semifrozen dairy products during any year.
  (5) The secretary, by agreement with any approved milk inspection service, may authorize the service to inspect and enforce the requirements of this code applicable to the facility covered by this section. Any agreement shall provide that the approved inspection service shall collect the applicable fees for those establishments as provided in Sections 35221 and 38933. The fees so collected shall be retained by the approved inspection service to cover its cost of inspection and enforcement, but 15 percent of the fees collected shall be remitted by the approved inspection service to the secretary to cover the cost of administration.

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.

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.

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.