Article 4. Condemnation of California Food And Agricultural Code >> Division 15. >> Part 1. >> Chapter 2. >> Article 4.

The director may condemn any of the following:
  (a) Milk or cream which is found to be impure, tainted, unclean, adulterated, or unwholesome.
  (b) Milk or cream that is produced, handled, or kept in an insanitary place.

The director shall test milk and milk products for the presence of drug residues. The director may adopt, by regulation, official drug residue testing methods and procedures for industry testing of raw milk from all bulk raw milk pickup tankers, prior to processing, for the presence of beta-lactam drugs and for other drug residues, as determined by the director. The director shall adopt, by regulation, official drug residue testing methods used for the detection of drug residue in farm bulk milk tanks, bulk milk pickup tankers, and milk and milk products in processing plants, wholesale outlets, and retail outlets.

The director may mark any condemned milk or cream for identification.

The director shall prescribe the method of marking condemned milk or cream for identification but shall not, in marking condemned milk or cream, add any substance to it which shall render the condemned milk or cream unsuitable for a use or purpose except human consumption.

Condemned milk or cream which has been marked for identification shall be returned to the producer of the milk or cream, if requested by the producer, or shall be used in the manufacture of products other than products which are used for human consumption, or shall be destroyed. Such condemned milk or cream which has been marked for identification shall not be destroyed until the producer of the milk or cream has been notified. Upon such notification the producer shall immediately request the milk or cream be returned to him at his expense or request that it be destroyed.

The director may condemn any product of milk or cream or product resembling a milk product which is within any of the following classes:
  (a) Impure, unclean, unwholesome, or stale.
  (b) Produced or manufactured, handled, or kept in an insanitary place.
  (c) Adulterated or mislabled.

The director may destroy or mark for identification with a nontoxic substance, any condemned product of milk or cream or product resembling a milk product.

No manufactured product of milk or cream or product resembling a milk product may be destroyed by the director without due notice to the owner of the product, and a hearing before the director or an officer designated by him.