Article 4. Designation And Assignment of California Food And Agricultural Code >> Division 15. >> Part 1. >> Chapter 4. >> Article 4.
If a producer produces market milk within the jurisdiction
of an approved milk inspection service, the director, after an
investigation and consultation with the health officer of each county
which is involved, shall do all of the following:
(a) Designate and assign the county approved milk inspection
service which shall conduct the dairy farm inspection.
(b) Define the district or area in which each county shall conduct
the dairy farm inspection.
The director, in making the designation and assignment,
shall take into consideration, in addition to other matters which are
considered, the geographical convenience of each county approved
milk inspection service which renders such inspection, and the
percentage of market milk and related products which are sold or
delivered within each.
No more than one approved milk inspection service may be
designated by the director for any single dairy farm which produces
market milk.
Any producer or approved milk inspection service may file
with the director a written protest regarding any designation which
is made pursuant to Section 33141. A petition, signed by 51 percent
or more of producers of any grade of milk within the jurisdiction of
any approved milk inspection service, may request the termination of
the county approved milk inspection service and that instead an
inspection service be established by the director. The written
protest or petition shall state all the reasons for the protest or
petition.
The director may, within 30 days after the receipt of the
protest and shall, within 30 days after receipt of a petition, and
after at least five days' written notice to any approved milk
inspection service which is concerned, announce a date upon which a
hearing on the protest or petition will be held.
The director upon his own motion, after giving at least 10
days written notice to any approved milk inspection service which is
concerned, may hold a hearing on any designation which is made
pursuant to Section 33141 if it appears that a change in such
designation may result in greater uniformity in inspection areas and
eliminate duplication of effort and traveling.
After the hearing, the director may revoke, amend, or retain
such designation, designate another approved milk inspection service
to perform the inspection as provided in this article, or establish
and conduct an inspection service unless the funds which are derived
under Article 9 (commencing with Section 33291) of this chapter are
inadequate to maintain a milk inspection service established by the
director.
Upon the approval in writing of a milk inspection service by
the director, the approved milk inspection service shall do all of
the following:
(a) Grade market milk as produced or sold under its jurisdiction.
(b) Require the use of the respective grade designations as
prescribed in this division.
(c) Enforce this division in accordance with the regulations which
are adopted by the director that pertain to market milk.