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HomeFood and Agricultural CodeDiv. 15Pt. 2Ch. 2Art. 14§ 36123 Milk Safety Violation Notice

§ 36123 Milk Safety Violation Notice

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 36123 Milk Safety Violation Notice

Key Takeaways

  • •If 2 out of the last 4 tests for bacteria, coliform, or cooling temperature in milk fail, the health department sends a warning to the milk producer or seller.
  • •If 3 out of the last 5 tests fail, the milk can't be sold until it's fixed.
  • •The milk producer or seller can ask for extra tests to check their milk.
  • •The milk can be sold again if 2 tests in a row pass within 7 days after the warning.

Example

A dairy farm has its milk tested every week. Two of the last four tests show too many bacteria.

The health department sends a warning to the farm. If three of the next five tests fail, the farm can't sell its milk until it fixes the problem and passes two tests in a row.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 36123 Milk Safety Violation Notice

Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the standard for market milk or products of market milk, or both, the health authority or secretary shall send a notice thereof to the producer or distributor concerned. This notice shall be in effect as long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within 14 days of the sending of the notice, but not before the lapse of three days. Immediate restricted use of the market milk or product of market milk or exclusion of the market milk or product of market milk shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations, or cooling temperatures, provided that no action required by this section shall be based upon a sample that is over 180 days old. Violations of bacterial, coliform, and cooling temperature standards shall be followed promptly by inspection to determine and correct the cause. This inspection shall be made immediately when the notice required by this section is sent. Samples may be taken from consecutive milking at the producer level and from consecutive lots of processed products and shall be taken when requested by the producer or processor. Analysis of those samples shall commence within 36 hours from their taking. Reinstatement of the market milk or products of market milk shall be made when two consecutive samples taken within a seven-day period following notice of restricted use again meet the standard. For the purpose of this section sampling for reinstatement and the new compliance series shall begin with the first sample taken after use is restricted. (Amended by Stats. 1996, Ch. 759, Sec. 11. Effective January 1, 1997.)

Last verified: January 23, 2026

Key Terms

bacteria countscoliform determinationscooling temperaturesmarket milkhealth authoritynoticestandard

Related Statutes

  • § 43036 Lot Compliance Notice Service
  • § 43037 Service Of Required Notices
  • § 12857 Director Authorized Pesticide Sales
  • § 13121 Birth Defect Prevention Act
  • § 13122 Pesticide Reproductive Health Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 36123.
View Official Source