Milk: home dairy farms: sharing, exchange, or direct sale of raw milk.

(1) Existing law, the Milk and Milk Products Act of 1947, regulates the preparation, production, manufacture, distribution, and sale of milk, and specified milk products. For purposes of the act, "dairy farm" is defined to mean any place or premises upon which milk is produced for sale or other distribution and where more than 2 cows or water buffalo, or 6 goats, sheep, or other hooved mammals, are in lactation. Existing law makes a violation of the Food and Agricultural Code a misdemeanor, unless a different penalty is expressly provided. This bill would, for purposes of the act, define "home dairy farm" to mean any place or premises upon which raw milk is produced, where no more than 3 cows or water buffalo, or 15 goats, sheep, or other hooved mammals, are in lactation, and the raw milk produced by those lactating animals is primarily intended for consumption at the home dairy farm. The bill would exclude raw milk produced at a home dairy farm from the act, and would enact the Home Dairy Farm Raw Milk Safety Act, which prescribes various requirements for the safe production of raw milk, as defined, at home dairy farms that is shared, exchanged, or offered for direct sale, as defined, by the home dairy farm, as prescribed. This bill would permit a home dairy farm to share, exchange, or engage in the direct sale of raw milk that is in excess of the consumption needs of the home dairy farm, if the raw milk is obtained from healthy, lactating animals kept and fed on the premises of the home dairy farm, and meets specified health and safety requirements. The bill would require that any raw milk that is shared, exchanged, or directly sold pursuant to the Home Dairy Farm Raw Milk Safety Act be clean, pure, and unadulterated, and obtained from healthy animals that do not test positive for specified diseases and meet other specified requirements. By imposing new requirements on home dairy farms, with regard to the sharing, exchange, or direct sale of raw milk, a violation of which would be a crime, the bill would impose a state-mandated local program. (2) Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law) , requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the Federal Food, Drug, and Cosmetic Act. The Sherman Law authorizes any authorized agent of the department, upon presenting appropriate credentials and at a reasonable time, to enter and inspect factories, warehouses, or other establishments to determine, among other things, whether any food, drug, device, or cosmetic is adulterated, misbranded, or falsely advertised, as provided. This bill would authorize, for purposes of determining compliance with the requirements of the Home Dairy Farm Raw Milk Safety Act, any authorized agent of a state or local enforcement agency, including the State Department of Public Health, or a representative of a local health department of a city, county, or city and county, upon presenting appropriate credentials and at a reasonable time, to access, for inspection purposes, a home dairy farm if the authorized agent or representative has, on the basis of a consumer complaint, or other reliable source of information, a reasonable belief, supported by standard epidemiological practice or credible scientific research, that raw milk produced or sold by a home dairy farm may be adulterated or otherwise unsafe for human consumption due to exposure to disease or contaminants, or improper storage or handling, or that the home dairy farm has violated the Home Dairy Farm Raw Milk Safety Act. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.