AB 831

Current law generally prohibits the sale of unpasteurized (commonly called

raw) milk and other milk products and prohibits the sale to consumers of milk or fluid

milk products that are not grade A milk or fluid milk products. Current law requires

a dairy farmer to have a milk producer license from the Department of Agriculture,

Trade and Consumer Protection (DATCP) and a grade A permit from DATCP to sell

grade A milk and requires a buttermaker or cheesemaker to have a buttermaker or

cheesemaker license from DATCP to engage as a buttermaker or cheesemaker. Also

under current law, DATCP promulgates rules governing the operation of dairy farms

and the testing and quality of milk.

This bill allows a milk producer to receive a license from DATCP to sell

unpasteurized dairy products processed on farm premises to consumers through

delivery, at retail stores, or directly from a dairy farm. Under the bill, a milk producer

who has a license to sell unpasteurized dairy products is not required to obtain a milk

producer license, a grade A permit, or a buttermaker or cheesemaker license if the

milk producer does not send any milk to a dairy plant and sells no milk or milk

products other than unpasteurized dairy products processed on farm premises.

To receive a license to sell unpasteurized dairy products, a milk producer must

submit a series of samples for testing for a number of bacteria and coliform and

standard plate counts, provide results from tests performed by a licensed

veterinarian that show that the cows used to produce the unpasteurized dairy

products do not have tuberculosis or brucellosis, and show proof of training on raw

milk safety. Additionally, DATCP must conduct an on-site inspection of the milk

producer's processing plant.

A milk producer licensed to sell unpasteurized dairy products must submit

regular test results for coliforms and standard plate counts that show coliform levels

below 10 and a standard plate count below 10,000. A milk producer who only

produces unpasteurized dairy products must also submit testing for other solids,

somatic cell count, milk urea nitrogen, and plate loop count.

Every three months, a milk producer must submit test results for various

bacteria. Additionally, DATCP may, after giving 24 hours' notice, take a sample of

unpasteurized milk from the processing plant of a milk producer licensed to sell

unpasteurized dairy products and test for the bacteria. If there is a positive test

result, the milk producer must initiate a recall and stop all production and sale of

unpasteurized dairy products until the milk tests negative.

All cows used to produce unpasteurized dairy products must be tested yearly

for tuberculosis and brucellosis. The tests must be administered by a licensed

veterinarian.

Under the bill, unpasteurized dairy products, processing plants that produce

unpasteurized dairy products, and milk producers that produce unpasteurized dairy

products must meet certain standards regarding cleanliness, temperature, labeling,