Section § 61301

Explanation
This section states that the meanings of terms defined in this article will be used consistently throughout this chapter unless it's clear that a different context is needed.
Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

Section § 61302

Explanation

This law defines what 'bulk milk' and 'bulk cream' are. They are milk or cream that hasn’t been pasteurized or packaged like the ones you find in stores. Instead, they are transported in large containers like tanks or cans. Also, if skim milk or cream has been heated or pasteurized just once as per certain other sections, and it's still in large containers, it's considered non-pasteurized for this purpose.

“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.

Section § 61303

Explanation

This law defines a "consumer" as someone who purchases milk, cream, or other dairy products to eat or drink themselves, rather than to sell to someone else.

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

Section § 61304

Explanation

In this section, 'Cream' is defined by referring to another section, specifically Section 32504, where the definition is provided.

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

Section § 61305

Explanation

This section defines what is considered a "dairy product" for legal purposes. It includes products classified under certain categories specified in other sections and includes items like butter, pasteurized process cheese, and imitation milk products that use market milk. The definition applies to these products regardless of where they are processed or manufactured, even if it's outside California.

“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.

Section § 61306

Explanation

This law section defines who is considered a 'Distributor' in the context of handling milk, cream, and dairy products. It includes handlers, brokers, agents, and certain nonprofit cooperatives. Specifically, it covers individuals or entities that sell dairy products from mobile vehicles to wholesale buyers, as well as those wholesale customers who process, manufacture, or package these products themselves.

However, it excludes wholesale customers that don't engage in processing or packaging and producers who only deliver to distributors or manufacturers without processing themselves.

(a)CA Food And Agriculture Code § 61306(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)CA Food And Agriculture Code § 61306(a)(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)CA Food And Agriculture Code § 61306(a)(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)CA Food And Agriculture Code § 61306(b) Distributor does not, however, include any of the following:
(1)CA Food And Agriculture Code § 61306(b)(1) Any wholesale customer which is not actively and directly engaged in manufacturing, processing, or packaging milk, cream, or any dairy product.
(2)CA Food And Agriculture Code § 61306(b)(2) Any producer that delivers milk or cream only to a distributor or manufacturer.

Section § 61306.5

Explanation

The term "educational and research activities" refers to efforts aimed at enhancing how dairy producers and processors manage their operations, especially in ways that benefit the environment. This includes improving practices related to land use, air quality, and water quality.

“Educational and research activities” means any effort to develop and improve the management practices of dairy producers and processors, including, but not limited to, practices associated with the environmental sustainability of land, air quality, and water quality.

Section § 61307

Explanation

This section refers to the definition of 'manufacturing milk' as explained in another section, specifically Section 32509. Essentially, to understand what 'manufacturing milk' is, one should look at Section 32509.

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

Section § 61307.2

Explanation

A 'manufacturing milk handler' is someone who receives or buys bulk milk directly or indirectly from milk producers or other handlers to process, sell, or handle it. This includes milk from inside or outside California and can involve owning, possessing, or controlling the milk.

“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.

Section § 61307.4

Explanation

A "manufacturing milk plant" is any location, structure, or building where a handler gets manufacturing milk.

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

Section § 61308

Explanation

The term "Manufacturer" refers to anyone involved in the business of making dairy products.

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

Section § 61309

Explanation

This section states that 'Market milk' is defined according to another section, specifically Section 32510, which contains the detailed definition.

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

Section § 61310

Explanation

This section simply states that the definition of 'market cream' can be found in another part of the law, specifically in Section 35811.

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

Section § 61311

Explanation

This law section states that the definition of "milk" is the same as the one given in Section 32511 of the California Food and Agricultural Code.

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

Section § 61312

Explanation

This law defines terms such as 'packaged milk,' 'packaged cream,' and 'packaged dairy product' as milk, cream, or any dairy products that are prepared for sale in consumer-oriented packaging like cartons, bottles, or cans. These products are intended for wholesale or direct consumer purchase.

“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.

Section § 61313

Explanation

This section defines the term “Person” to include a wide range of entities such as individuals, companies, partnerships, and organizations. It covers almost any type of business or organizational structure, whether incorporated or not.

“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.

Section § 61314

Explanation

This section defines a 'producer' as someone who runs a dairy herd to produce milk or cream for commercial purposes. Their products must be collected by a distributor, manufacturer, or a nonprofit cooperative of producers. Nonprofit cooperatives can also be considered producers in certain situations covered in another part of the law.

“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.

Section § 61315

Explanation

A "producer-distributor" is someone who both produces and sells milk, cream, or other dairy products. This person acts as a producer when they deliver bulk milk or cream to others like distributors or cooperatives. They act as a distributor when they process, package, or sell milk or cream directly to consumers.

“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.

Section § 61316

Explanation
This section indicates that the term 'restricted use market milk' is defined in another section, specifically Section 32516.5, and suggests that for a proper understanding, one should refer to that section for details.
“Restricted use market milk” has the meaning of that term as defined in Section 32516.5.

Section § 61317

Explanation

This section defines a 'wholesale customer' as someone who purchases packaged milk, cream, or dairy products for the purpose of reselling them, either directly to consumers or to other wholesale buyers. Importantly, a wholesale customer is not the same as a distributor.

“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.