§ 3. Certain milk to be pasteurized. It shall be unlawful for any person, firm or corporation, except in bulk to the wholesale trade, to sell or exchange or offer or expose for sale or exchange for human consumption, any milk from cows that have not passed the tuberculin test, until it has been pasteurized by the holding process at a temperature not less than one hundred forty degrees Fahrenheit for thirty minutes; provided, that market milk shall not be heated for more than one hour nor above one hundred forty-five degrees Fahrenheit. It shall further be unlawful for any person, firm or corporation to sell or exchange, or offer or expose for sale or exchange, for human consumption any butter, ice-cream or other products of milk (except cheese and except butter as provided in the general dairy law of California) into the composition of which any milk enters other than that permitted in this section of this act to be sold at retail for human consumption.

§ 4. Market milk. Classes. For the purposes of this act market milk shall be construed to include market cream and shall be divided into three general classes, as follows: Market milk or cream, manufacturing milk or cream and milk or cream unfit for human consumption.

§ 5. Market milk includes, what. Sale of raw milk. Graded milk. Ungraded milk. Market milk or cream shall include all milk or cream supplied to the consumer in the natural fluid state or prepared for human consumption without being converted into any other form or product.

It shall be unlawful for any person, firm or corporation, by themselves or their agents or employees, to sell as or for raw market milk any milk unless, either directly or through a local inspecting department, a written request has been filed with the department of agriculture of the state of California that the cows by which this milk is produced be tuberculin tested and until all the requirements of this act for tuberculin testing have been complied with.

Market ilk or cream produced and sold under the supervision and within the jurisdiction of a milk inspecting department, as provided in section nine of this act, or market milk produced under such supervision but sold outside the jurisdiction of a milk inspecting department, as also provided in section nine of this act, shall be known as graded milk.

All other market milk or cream shall be known as ungraded milk.

§ 6. Manufacturing milk. Use for other purposes. Manufacturing milk or cream is milk or cream that is to be made into butter, cheese, condensed milk, powdered milk and by-products, such as casein, milk sugar and albumen.

Manufacturing milk may also be used, wholly or in part, in the manufacture of other foodstuffs to be sold at retail; provided, that during the process of manufacture or immediately prior thereto, said milk shall have been subjected to a temperature of at least one hundred forty degrees Fahrenheit for thirty consecutive minutes; and provided further, that for every degree above one hundred forty-five degrees Fahrenheit the time during which such temperature must be maintained may be decreased by one minute. The time for maintaining such temperature, however, shall not be less than five minutes, except for milk that is

repasteurized for manufacturing purposes as provided in section nineteen of this act.

§ 7. Sale of impure and unwholesome milk, Milk or cream which does not conform to the requirements as defined in the general dairy law of California or with the requirements of either market milk or manufacturing milk as set forth in this act or which has been produced in an insanitary dairy or factory of dairy products or other insanitary place, or which has been handled in an insanitary manner is hereby declared to be impure and unwholesome and must not be sold for human consumption. Such milk must be kept in a distinctive container plainly marked with the words "unfit for human consumption."

§ 8. Milk served in public eating places. Goat's milk. When served by any hotel, boarding-house, restaurant, saloon, lunch counter or other place of public entertainment market milk shall be served in the original bottle, the cap of which shall not be removed, except in the presence of the consumer or patron; provided, however, that this provision shall not apply to cream so served.

It shall be unlawful for any person, firm or corporation to sell, exchange, offer or expose for sale or exchange, or have on hand for sale or exchange or serve in any hotel, boarding-house, restaurant, saloon, lunch counter or other place of public entertainment any milk or cream to which any gelatine or other substance, except as provided in the general dairy law of California, has been added to increase the consistency of such milk or cream so as to make it appear richer or of better quality; provided, however, that nothing in this act shall be construed to prohibit the standardization of milk and cream as provided in the general dairy law of California.

All the provisions of section eight shall also apply to goat's milk. It shall be unlawful for any person, firm or corporation, to sell or exchange or offer or expose for sale or exchange for human consumption, as and for cow's milk, any cow's milk to which goat's milk has been added or, as and for goat's milk, any goat's milk to which cow's milk has been added.

§ 9. Sale of milk where milk inspection service established. It shall be unlawful for any person, firm or corporation to sell, or exchange, or offer or expose for sale or exchange, in any city, county or city and county, in which a milk inspection service, approved by the department of agriculture of the state of California has been established, any milk other than as hereinafter provided in this act. For the purpose of this act the term "milk inspecting department" shall be construed to mean the health department of a county or group of counties, city or group of cities, or city and county maintaining a milk inspection service approved in writing by the department of agriculture of the state of California, and such milk inspecting department shall include at least one regularly licensed physician. It shall be unlawful for any person, firm or corporation to sell or exchange, or offer or expose for sale or exchange any milk as and for or under the designation, label or other representation of "guaranteed," "grade A" or "grade B" milk, except within a county or group of counties, city or group of cities, or city and county maintaining a milk inspection service approved by the department of agriculture of the state of California; provided, that a

person, firm or corporation which is authorized to sell milk within the jurisdiction of a milk inspecting department may sell milk from the same supply, of the same quality, in similar containers, and under the same label in territory outside the jurisdiction of any milk inspecting department, if local ordinances are not thereby violated, and also in territory within the jurisdiction of any other milk inspecting department; if the consent of said other milk inspecting department has been previously obtained.

§ 10. Milk not to be sold for human consumption. Except as provided in section sixteen of this act, all milk sold or exchanged or offered or exposed for sale or exchange, except in bulk to the wholesale trade, in any county or group of counties, city or group of cities, or city and county, in which a milk inspection service, approved by the department of agriculture of the state of California has been established, except certified milk, guaranteed milk, grade A milk, grade B nilk and manufacturing milk as provided in section sixteen of this act is hereby declared to be impure and unwholesome and must not be sold for human consumption.

§ 11. Grades of milk. Where an approved milk inspection service is maintained as provided in section nine of this act, milk shall be graded as follows: certified milk, guaranteed milk, grade A milk, grade B milk, manufacturing milk and milk unfit for human consumption.

§ 12. Certified milk. Certified milk is market milk which conforms to the rules, regulations, methods and standards for the production and distribution of certified milk adopted by the American Association of Medical Milk Commission, and must bear the certification of a milk commission appointed by a county medical association, organized under and approved by the Medical Society of the state of California, and must otherwise conform to the requirements of the so-called certified milk act, approved April 25, 1913 (Stats. 1913, p. 83).

§ 13. Guaranteed milk. Guaranteed milk is milk either raw or pasteurized, the quality of which is guaranteed by the dealer in a written statement filed with an approved milk inspecting department and approved in writing by said department.

Before it approves any guaranteed milk, each milk inspecting department shall set a minimum standard for such milk produced under its supervision, which standard whether for raw or pasteurized shall be higher than that required for grade A raw.

§ 14. Requirements for grade A milk. No person, firm or corporation shall sell, or exchange, or offer or expose for sale or exchange, as and for grade A milk, any milk that does not conform to the rules and regulations and the methods and standards for production and distribution of grade A milk adopted by the milk inspecting department. Grade A milk shall conform to the following requirements as a mini

mum:

If raw, it shall consist of clean, raw milk from healthy cows as determined by physical examination at least once in six months by a qualified veterinarian under the supervision of a milk inspecting department, and by the tuberculin test by a qualified veterinarian under

the supervision of the department of agriculture of the state of California, and from dairies that score not less than seventy per cent on the score card adopted by the department of agriculture of the state of California; provided, however, that dairies where no two cows freshen within any four consecutive months and which are found by any milk inspecting department to comply fully with the remaining provisions of this act are hereby exempted from such scoring requirements and from the use of labels prescribed in section twenty hereof. The tuberculin test must be repeated annually, if no reacting animals are found in the herd. If reacting animals are found, they must be removed from the herd, and the tuberculin test repeated in six months. All cows are to be fed, watered, housed and milked under conditions approved by the milk inspecting department. All persons who come in contact with the milk must exercise scrupulous cleanliness and must not harbor the germs of typhoid fever, tuberculosis, diphtheria or other communicable diseases liable to be conveyed by milk. Absence of such germs shall be determined by cultures and physical examination, to the satisfaction of the milk inspecting department. This milk is to be delivered in sterile containers and is to be kept at a temperature established by the milk inspecting department until it reaches the ultimate consumer, when it must contain less than one hundred thousand bacteria per milliliter. If pasteurized, it must come from cows free from disease as determined by physical examination at least once in six months, by a qualified veterinarian under the supervision of a milk inspecting department. It shall contain less than two hundred thousand bacteria per milliliter before pasteurization and less than fifteen thousand bacteria per milliliter at the time of delivery to the ultimate consumer. Dairies from which this milk is derived must score at least sixty on the score card approved by the department of agriculture of the state of California.

§ 15. Requirements for grade B milk. No person, firm or corporation shall sell or exchange, or offer or expose for sale or exchange as and for grade B milk, any milk that has not been pasteurized or does not conform to the following requirements as a minimum: it must be obtained from cows in no way unfit for the production of milk for use by man, as determined by physical examination at least once in six months by a qualified veterinarian under the supervision of a milk inspecting department. Before pasteurization it shall contain less than one million bacteria per milliliter and after pasteurization shall contain less than fifty thousand bacteria per milliliter.

§ 16. Manufacturing milk, use and treatment of. Milk which contains more than one million bacteria per milliliter but otherwise conforms to all the requirements of grade B milk shall be known as manufacturing milk and must not be sold for human consumption as market milk. It may, however, be used, wholly or in part in the manufacture of foodstuffs to be sold at retail; provided, that during the process of manufacturing or immediately prior thereto said milk shall have been subjected to a temperature of at least one hundred forty degrees Fahrenheit for thirty consecutive minutes; and provided, further, that for every degree above one hundred forty-five degrees Fahrenheit the time during which such temperature must be maintained may be decreased by one minute. The time for maintaining such temperature

however shall not be less than five minutes, except for milk that is repasteurized for manufacturing purposes as provided in section nineteen of this act.

This section shall not be construed to prohibit, within the jurisdiction of milk inspecting departments, the use in the manufacture of butter, cheese, condensed milk, powdered milk or by products, as provided in section six of this act, of any milk permitted to be used for such purpose outside the jurisdiction of any milk inspecting department; provided, however, such milk shall not be used except in a regularly li censed milk product factory, which has complied with all the provisions of the general dairy law of California and which has obtained, in writing, permission to operate within the jurisdiction of a milk inspecting department from the department of agriculture of the state of California.

§ 17. Milk unfit for human consumption. Milk not suitable for human consumption as provided in sections seven, ten and eleven of this act may be sold for industrial purposes, provided it be heated to a higher temperature than necessary for pasteurization, and delivered in a distinctive container, plainly marked with the words "Unfit for human consumption" in letters not less than one-quarter inch in length and one-twelfth inch stroke.

§ 18. Market cream. If graded, market cream of any grade shall conform to all the standards set for market milk of the same grade, except that the maximum bacterial count for cream shall be not more than three times as great as that of the corresponding grade of milk.

§ 19. Pasteurization. Milk for pasteurization must be kept at a temperature established by the milk inspecting department up to the time of delivery to the pasteurization plant and rapidly cooled after pasteurization to a temperature of fifty degrees Fahrenheit or below and so maintained to the time of delivery to the ultimate consumer.

Except as otherwise provided in sections six and sixteen of this act, pasteurization shall be by the holding method at a temperature not less than one hundred forty degrees Fahrenheit for thirty minutes; provided, that market milk shall not be heated above one hundred fortyfive degrees Fahrenheit.

Every pasteurization plant shall be equipped with a sufficient number of self registering devices to accurately record the temperature to which and the length of time for which the pasteurized product has been heated. Such records shall be kept for two months and be available for inspection by any authorized inspector, agent or other employee of any health department or any milk inspection department or the department of agriculture of the state of California.

Milk may be repasteurized not to exceed once for manufacturing purposes. Repasteurized milk shall not be sold for market milk.

§ 20. Labels. Grade designated. Distinguishing marks. The class or grade of all milk or cream sold, except in bulk to the wholesale trade, and the name and address of the producer or distributor (who shall be responsible for the quality of the contents and correct labeling as required by this act) shall at all times appear plainly and in a conspicuous place on or be securely attached to every bottle, cap, can or container.