Cal. Code Regs. Tit. 17, § 11380 - Required Health Warning on Labels of Raw Milk and Raw Milk Products
(a) Raw Milk and
raw milk products shall bear the following warning on the principal display
panel or panels of the label:
WARNING
Raw (unpasturized) milk and raw milk dairy products may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics or antacids; and those having chronic illnesses or other conditions that weaken their immunity.
(b) The warning shall appear within a heavy
borderline in a color sharply contrasting to that of the background. The signal
word "WARNING" shall appear in capital letters of ten point type or greater.
The remaining text of the warning shall be printed in capital letters of six
point type or greater. All characters in the warning message shall be in a sans
serif type style.
(c) For purposes
of this section, the following definitions shall apply:
(1) "[R]aw" means unpasteurized;
(2) "[R]aw milk product" means any food which
contains raw milk, and shall include, but not be limited to, cheese (except
when ripened or cured at least 60 days pursuant to sections 37975 and
38001 of the Food and Agricultural
Code), cream, butter and kefir.
(d) Raw milk or raw milk products packaged in
recyclable glass containers which are sold only at the location where the raw
milk or raw milk product is produced (including containers which are delivered
directly from the point of production to a retail customer by agents or
employees of the production facility), and which have a principal display panel
only on the container cap, may instead have attached to the container a tag
containing the warning message set forth in subsection (a), provided that the
tag will stay attached to the container and remain readable under customary
conditions of storage and transportation, excluding intentional removal after
purchase by, or delivery to, the retail customer. The tag shall be attached in
a conspicuous location on the container. The warning message portion of the tag
shall be subject to all other requirements of this section. The tag may, to the
extent authorized by law, contain any other information desired by the
production facility. For purposes of this subsection, a "tag" can be of any
shape, material, and design, so long as the warning message is conspicuous and
easily readable.
(e) Any raw milk
or raw milk product which does not bear a label meeting the requirements of
this section is misbranded.
(f)
This section does not apply to raw milk and raw milk products produced and
packaged before February 21, 1991.
Notes
2. Repealer of 2-11-91 order and adoption of new section filed 5-9-91 as an emergency; operative 5-9-91 (Register 91, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-6-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-9-91 order transmitted to OAL 9-3-91 and filed 9-30-91 (Register 92, No. 4).
Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26400 and 26550, Health and Safety Code.
2. Repealer of 2-11-91 order and adoption of new section filed 5-9-91 as an emergency; operative 5-9-91 (Register 91, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-6-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-9-91 order transmitted to OAL 9-3-91 and filed 9-30-91 (Register 92, No. 4).
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