Cal. Code Regs. tit. 17 § 11380

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 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.

Cal. Code Regs. Tit. 17, § 11380

1. New section filed 2-11-91 as an emergency; operative 2-11-91 (Register 91, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-11-91 or emergency language will be repealed by operation of law on the following day.
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.

1. New section filed 2-11-91 as an emergency; operative 2-11-91 (Register 91, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-11-91 or emergency language will be repealed by operation of law on the following day.
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).