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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3309Introduced by Assembly Member FloraFebruary 21, 2020 An act to amend Section 34231 of the Food and Agricultural Code, relating to milk products.LEGISLATIVE COUNSEL'S DIGESTAB 3309, as introduced, Flora. Milk products: basis of payment.Existing law requires payment for milk, cream, or any fluid derivative of milk or cream to be made on the basis of weight or measure, and percentage of, the milk fat, the fluid skim milk components, or both, contained in it, determined through tests performed in testing facilities approved by the Secretary of Food and Agriculture, as provided.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 34231 of the Food and Agricultural Code is amended to read:34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure measure, and percentage of of, the milk fat or fat, the fluid skim milk components components, or both both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.(b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. secretary.(c) By mutual agreement between producers and a distributor purchasing milk, cream cream, or any fluid derivative of milk or cream from such those producers, testing of such those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such the plant, the director secretary shall, by procedures established by regulations, regulation, designate an employee of the department to perform such those tests, or approve a contract with an approved milk inspection service, or in the alternative the director secretary shall designate independent testing facilities to perform such those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.(d) The cost, for cost of testing such that milk, cream cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director secretary shall be borne equally by the affected producer and distributor so affected. distributor. Provision for such this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which that may be performed by the milk inspector as set forth in the contract.(e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such those products for either milk fat content or fluid skim milk components content content, or both both, may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service.(f) In the event that the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director secretary may, within his the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from such those daily testing requirements.(g) The director secretary shall require, by regulations, regulation, testing of packaged fluid products to be performed by such methods as to that provide results consistent with, and comparable to, the testing of the raw product. | |
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| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3309Introduced by Assembly Member FloraFebruary 21, 2020 An act to amend Section 34231 of the Food and Agricultural Code, relating to milk products.LEGISLATIVE COUNSEL'S DIGESTAB 3309, as introduced, Flora. Milk products: basis of payment.Existing law requires payment for milk, cream, or any fluid derivative of milk or cream to be made on the basis of weight or measure, and percentage of, the milk fat, the fluid skim milk components, or both, contained in it, determined through tests performed in testing facilities approved by the Secretary of Food and Agriculture, as provided.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly May 04, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly May 04, 2020 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 3309 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member FloraFebruary 21, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Flora | |
| 18 | 18 | February 21, 2020 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 34231 of the Food and Agricultural Code, relating to milk products. | |
| 20 | + | An act to amend Section 34231 of the Food and Agricultural Code, relating to milk products. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 3309, as | |
| 26 | + | AB 3309, as introduced, Flora. Milk products: basis of payment. | |
| 27 | 27 | ||
| 28 | - | Existing law provides for the regulation, inspection, and licensing of poultry plants. Existing law, until January 1, 2022, specifies the license application fees for a new, previously unlicensed poultry plant and for a license application submitted upon change of ownership of an existing, previously licensed poultry plant. Existing law, until January 1, 2022, requires that an application for renewal of a license of a poultry plant, accompanied by a specified annual renewal fee, be made on or before the expiration of the license. Under existing law, each license expires on the last day of the calendar year for which the license is issued and the fee is prohibited from being prorated.This bill would instead require the license fee to be prorated.Existing law requires payment for milk, cream, or any fluid derivative of milk or cream to be made on the basis of weight or measure, and percentage of, the milk fat, the fluid skim milk components, or both, contained in it, determined through tests performed in testing facilities approved by the Secretary of Food and Agriculture, as provided.This bill would make nonsubstantive changes to this provision. | |
| 29 | - | ||
| 30 | - | Existing law provides for the regulation, inspection, and licensing of poultry plants. Existing law, until January 1, 2022, specifies the license application fees for a new, previously unlicensed poultry plant and for a license application submitted upon change of ownership of an existing, previously licensed poultry plant. Existing law, until January 1, 2022, requires that an application for renewal of a license of a poultry plant, accompanied by a specified annual renewal fee, be made on or before the expiration of the license. Under existing law, each license expires on the last day of the calendar year for which the license is issued and the fee is prohibited from being prorated. | |
| 31 | - | ||
| 32 | - | This bill would instead require the license fee to be prorated. | |
| 28 | + | Existing law requires payment for milk, cream, or any fluid derivative of milk or cream to be made on the basis of weight or measure, and percentage of, the milk fat, the fluid skim milk components, or both, contained in it, determined through tests performed in testing facilities approved by the Secretary of Food and Agriculture, as provided.This bill would make nonsubstantive changes to this provision. | |
| 33 | 29 | ||
| 34 | 30 | Existing law requires payment for milk, cream, or any fluid derivative of milk or cream to be made on the basis of weight or measure, and percentage of, the milk fat, the fluid skim milk components, or both, contained in it, determined through tests performed in testing facilities approved by the Secretary of Food and Agriculture, as provided. | |
| 35 | 31 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 32 | This bill would make nonsubstantive changes to this provision. | |
| 39 | - | ||
| 40 | - | ||
| 41 | 33 | ||
| 42 | 34 | ## Digest Key | |
| 43 | 35 | ||
| 44 | 36 | ## Bill Text | |
| 45 | 37 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 34231 of the Food and Agricultural Code is amended to read:34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure measure, and percentage of of, the milk fat or fat, the fluid skim milk components components, or both both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.(b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. secretary.(c) By mutual agreement between producers and a distributor purchasing milk, cream cream, or any fluid derivative of milk or cream from such those producers, testing of such those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such the plant, the director secretary shall, by procedures established by regulations, regulation, designate an employee of the department to perform such those tests, or approve a contract with an approved milk inspection service, or in the alternative the director secretary shall designate independent testing facilities to perform such those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.(d) The cost, for cost of testing such that milk, cream cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director secretary shall be borne equally by the affected producer and distributor so affected. distributor. Provision for such this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which that may be performed by the milk inspector as set forth in the contract.(e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such those products for either milk fat content or fluid skim milk components content content, or both both, may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service.(f) In the event that the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director secretary may, within his the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from such those daily testing requirements.(g) The director secretary shall require, by regulations, regulation, testing of packaged fluid products to be performed by such methods as to that provide results consistent with, and comparable to, the testing of the raw product. | |
| 47 | 39 | ||
| 48 | 40 | The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | 42 | ## The people of the State of California do enact as follows: | |
| 51 | 43 | ||
| 52 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 34231 of the Food and Agricultural Code is amended to read:34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure measure, and percentage of of, the milk fat or fat, the fluid skim milk components components, or both both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.(b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. secretary.(c) By mutual agreement between producers and a distributor purchasing milk, cream cream, or any fluid derivative of milk or cream from such those producers, testing of such those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such the plant, the director secretary shall, by procedures established by regulations, regulation, designate an employee of the department to perform such those tests, or approve a contract with an approved milk inspection service, or in the alternative the director secretary shall designate independent testing facilities to perform such those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.(d) The cost, for cost of testing such that milk, cream cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director secretary shall be borne equally by the affected producer and distributor so affected. distributor. Provision for such this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which that may be performed by the milk inspector as set forth in the contract.(e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such those products for either milk fat content or fluid skim milk components content content, or both both, may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service.(f) In the event that the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director secretary may, within his the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from such those daily testing requirements.(g) The director secretary shall require, by regulations, regulation, testing of packaged fluid products to be performed by such methods as to that provide results consistent with, and comparable to, the testing of the raw product. | |
| 53 | 45 | ||
| 54 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 34231 of the Food and Agricultural Code is amended to read: | |
| 55 | 47 | ||
| 56 | 48 | ### SECTION 1. | |
| 57 | 49 | ||
| 58 | - | ||
| 50 | + | 34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure measure, and percentage of of, the milk fat or fat, the fluid skim milk components components, or both both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.(b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. secretary.(c) By mutual agreement between producers and a distributor purchasing milk, cream cream, or any fluid derivative of milk or cream from such those producers, testing of such those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such the plant, the director secretary shall, by procedures established by regulations, regulation, designate an employee of the department to perform such those tests, or approve a contract with an approved milk inspection service, or in the alternative the director secretary shall designate independent testing facilities to perform such those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.(d) The cost, for cost of testing such that milk, cream cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director secretary shall be borne equally by the affected producer and distributor so affected. distributor. Provision for such this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which that may be performed by the milk inspector as set forth in the contract.(e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such those products for either milk fat content or fluid skim milk components content content, or both both, may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service.(f) In the event that the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director secretary may, within his the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from such those daily testing requirements.(g) The director secretary shall require, by regulations, regulation, testing of packaged fluid products to be performed by such methods as to that provide results consistent with, and comparable to, the testing of the raw product. | |
| 59 | 51 | ||
| 60 | - | ||
| 52 | + | 34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure measure, and percentage of of, the milk fat or fat, the fluid skim milk components components, or both both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.(b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. secretary.(c) By mutual agreement between producers and a distributor purchasing milk, cream cream, or any fluid derivative of milk or cream from such those producers, testing of such those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such the plant, the director secretary shall, by procedures established by regulations, regulation, designate an employee of the department to perform such those tests, or approve a contract with an approved milk inspection service, or in the alternative the director secretary shall designate independent testing facilities to perform such those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.(d) The cost, for cost of testing such that milk, cream cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director secretary shall be borne equally by the affected producer and distributor so affected. distributor. Provision for such this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which that may be performed by the milk inspector as set forth in the contract.(e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such those products for either milk fat content or fluid skim milk components content content, or both both, may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service.(f) In the event that the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director secretary may, within his the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from such those daily testing requirements.(g) The director secretary shall require, by regulations, regulation, testing of packaged fluid products to be performed by such methods as to that provide results consistent with, and comparable to, the testing of the raw product. | |
| 61 | 53 | ||
| 62 | - | ||
| 54 | + | 34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure measure, and percentage of of, the milk fat or fat, the fluid skim milk components components, or both both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm.(b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. secretary.(c) By mutual agreement between producers and a distributor purchasing milk, cream cream, or any fluid derivative of milk or cream from such those producers, testing of such those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such the plant, the director secretary shall, by procedures established by regulations, regulation, designate an employee of the department to perform such those tests, or approve a contract with an approved milk inspection service, or in the alternative the director secretary shall designate independent testing facilities to perform such those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers.(d) The cost, for cost of testing such that milk, cream cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director secretary shall be borne equally by the affected producer and distributor so affected. distributor. Provision for such this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which that may be performed by the milk inspector as set forth in the contract.(e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such those products for either milk fat content or fluid skim milk components content content, or both both, may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service.(f) In the event that the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director secretary may, within his the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from such those daily testing requirements.(g) The director secretary shall require, by regulations, regulation, testing of packaged fluid products to be performed by such methods as to that provide results consistent with, and comparable to, the testing of the raw product. | |
| 63 | 55 | ||
| 64 | 56 | ||
| 65 | 57 | ||
| 66 | - | ||
| 58 | + | 34231. (a) Payment for milk, cream, or any fluid derivative of milk or cream shall be made on the basis of the weight or measure measure, and percentage of of, the milk fat or fat, the fluid skim milk components components, or both both, contained in it, as determined by samples taken from each farm tank or lot of the milk, cream, or fluid derivative of milk or cream. Market milk samples shall be analyzed on a daily basis or on the smallest lot basis as picked up at the farm. | |
| 67 | 59 | ||
| 60 | + | (b) Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the director. secretary. | |
| 68 | 61 | ||
| 62 | + | (c) By mutual agreement between producers and a distributor purchasing milk, cream cream, or any fluid derivative of milk or cream from such those producers, testing of such those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating such the plant, the director secretary shall, by procedures established by regulations, regulation, designate an employee of the department to perform such those tests, or approve a contract with an approved milk inspection service, or in the alternative the director secretary shall designate independent testing facilities to perform such those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers. | |
| 69 | 63 | ||
| 64 | + | (d) The cost, for cost of testing such that milk, cream cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the director secretary shall be borne equally by the affected producer and distributor so affected. distributor. Provision for such this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services which that may be performed by the milk inspector as set forth in the contract. | |
| 70 | 65 | ||
| 66 | + | (e) The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of such those products for either milk fat content or fluid skim milk components content content, or both both, may be made by the distributor, or the association, or by an independent testing facility, or by contract with the director secretary or subject to his the secretarys approval, with an approved milk inspection service. | |
| 71 | 67 | ||
| 72 | - | (a) | |
| 68 | + | (f) In the event that the testing requirements of subdivision (a) of this section impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the director secretary may, within his the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from such those daily testing requirements. | |
| 73 | 69 | ||
| 74 | - | ||
| 75 | - | ||
| 76 | - | (b)Determination of the weight or measure and percentage of milk fat and fluid skim milk components shall be made through tests performed in testing facilities approved by the secretary. | |
| 77 | - | ||
| 78 | - | ||
| 79 | - | ||
| 80 | - | (c)By mutual agreement between producers and a distributor purchasing milk, cream, or any fluid derivative of milk or cream from those producers, testing of those products for milk fat content or fluid skim milk components content may be made by the distributor, or by an independent testing facility, or by contract with the secretary or subject to the secretarys approval, with an approved milk inspection service. In the absence of mutual agreement, and upon written application by a majority of the market milk producers or manufacturing milk producers shipping to any milk products plant, or by the distributor operating the plant, the secretary shall, by procedures established by regulation, designate an employee of the department to perform those tests, or approve a contract with an approved milk inspection service, or in the alternative the secretary shall designate independent testing facilities to perform those tests. The right of petition and designation of independent testing of milk shall be separate for market milk producers and manufacturing milk producers. | |
| 81 | - | ||
| 82 | - | ||
| 83 | - | ||
| 84 | - | (d)The cost of testing that milk, cream, or any fluid derivative of milk or cream, for any milk inspector or any independent testing facility operated, designated, or approved by the secretary shall be borne equally by the affected producer and distributor. Provision for this joint payment shall be set forth by contract between the parties concerned and the approved testing facility. The foregoing cost determinations shall not limit the services that may be performed by the milk inspector as set forth in the contract. | |
| 85 | - | ||
| 86 | - | ||
| 87 | - | ||
| 88 | - | (e)The provisions of subdivisions (c) and (d) shall not apply to the interplant sales or delivery of milk, cream, or any fluid derivative of milk or cream to a distributor by a nonprofit cooperative association. Required tests of those products for either milk fat content or fluid skim milk components content, or both, may be made by the distributor, the association, or an independent testing facility, or by contract with the secretary or subject to the secretarys approval, with an approved milk inspection service. | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | (f)In the event that the testing requirements of subdivision (a) impose hardship on a distributor by reason of the location of the processing plant of the distributor in an area where facilities normally used for daily testing are not readily available, the secretary may, within the secretarys discretion, and upon written application by the distributor, approve the exemption of the distributor from those daily testing requirements. | |
| 93 | - | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | (g)The secretary shall require, by regulation, testing of packaged fluid products to be performed by methods that provide results consistent with, and comparable to, the testing of the raw product. | |
| 70 | + | (g) The director secretary shall require, by regulations, regulation, testing of packaged fluid products to be performed by such methods as to that provide results consistent with, and comparable to, the testing of the raw product. |