Article 1. Definitions of California Food And Agricultural Code >> Division 21. >> Part 3. >> Chapter 1. >> Article 1.

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

"Bulk milk" or "bulk cream" means milk or cream, respectively, which has not been pasteurized or packaged in bottles, cartons, dispenser cans, or other consumer packages, and which is handled or delivered, in bulk, in tanks, cans, or other bulk containers. For this purpose, skim milk or cream which has been preheated or pasteurized not more than once, as provided in Section 34004 or 34005 of this code, and is handled or delivered in bulk is not pasteurized.

"Consumer" means any person that buys milk, cream, or any dairy product for consumption and not for resale.

"Cream" has the meaning of that term as defined in Section 32504.

"Dairy product" means any product classified as Class 1 or Class 2 under Section 61932, 61933, or 61936; any frozen product or frozen product mix classified as Class 3 under Section 61934; any product classified as Class 4b under subdivision (b) of Section 61935; butter; pasteurized process cheese; and any filled product or any imitation milk product in which the use of market milk or any component of market milk is required by Section 38925. This definition applies to the designated products whether processed or manufactured in the state or outside of the state and irrespective of the classification of those products at a point of origin outside the state.

(a) "Distributor" means any handler, as defined in Section 61826, and includes brokers and agents and the nonprofit cooperative associations described in Article 2 (commencing with Section 61331) of this chapter in the transactions in which such article provides that the associations are distributors. It also includes both of the following:
  (1) Any person who regularly operates mobile vehicles on routes predominantly for sales of market milk, market cream, or dairy products on such routes to wholesale customers.
  (2) A wholesale customer only as to milk, cream, or any dairy product that is actively and directly processed, manufactured, or packaged by such wholesale customer.
  (b) Distributor does not, however, include any of the following:
  (1) Any wholesale customer which is not actively and directly engaged in manufacturing, processing, or packaging milk, cream, or any dairy product.
  (2) Any producer that delivers milk or cream only to a distributor or manufacturer.

"Manufacturing milk" has the meaning of that term as defined in Section 32509.

"Manufacturing milk handler" means any person who, as owner, agent, broker, or intermediary, either directly or indirectly, receives, purchases, or otherwise acquires ownership, possession, or control of manufacturing milk in unprocessed or bulk form from a producer, a producer-handler, or another manufacturing milk handler for the purpose of manufacture, processing, sale, or other handling, regardless of whether the manufacturing milk is produced within or outside this state.

"Manufacturing milk plant" means any place, structure, or building where a handler receives manufacturing milk.

"Manufacturer" means any person that is engaged in the business of manufacturing any dairy product.

"Market milk" has the meaning of that term as defined in Section 32510.

"Market cream" has the meaning of that term as defined in Section 35811.

"Milk" has the meaning of that term as defined in Section 32511.

"Packaged milk," "packaged cream," or "packaged dairy product" means market milk, market cream, or any dairy product, respectively, which is packaged in cartons, bottles, dispenser cans, or other consumer packages for sale to wholesale customers or consumers.

"Person" means any individual, firm, corporation, partnership, limited liability company, trust, incorporated or unincorporated association, nonprofit cooperative association, nonprofit corporation, or any other business unit or organization.

"Producer" means any person that operates a dairy herd which produces milk or cream commercially and whose bulk milk or bulk cream is received or handled by any distributor, manufacturer, or any nonprofit cooperative association of producers. It includes the nonprofit cooperative associations described in Article 2 (commencing with Section 61331) of this chapter in the transactions in which such article provides the associations are producers.

"Producer-distributor" means any person that is both a producer of milk or cream and a distributor of milk, cream, or any dairy product. For the purpose of this chapter, a "producer-distributor" is a producer in any transaction which involves the delivering of bulk milk or bulk cream produced by him to a distributor, manufacturer, or any nonprofit cooperative association of producers, and is a distributor in any transaction which involves the pasteurization of bulk market milk or bulk market cream, or the packaging of such milk or cream in bottles, cartons, dispenser cans, or other consumer packages, or the sale or delivery of packaged milk, packaged cream, or packaged diary products.

"Restricted use market milk" has the meaning of that term as defined in Section 32516.5.

"Wholesale customer" means any person other than a distributor that buys packaged milk, cream, or any dairy product for resale to consumers or to other wholesale customers.