(4) If the person or wearing apparel of the dairyman, his employees or other persons who handle the milk or its products are soiled or not washed with reasonable frequency, or if the hands of milkers are not clean during the entire period of milking.

(5) If the milk or cream is not cooled to as low a temperature as practicable within one hour after it is drawn from the cows, and kept as cool as conditions will permit until delivery to the plant or con

sumer.

(6) If a suitable milk house or room, properly screened to exclude flies and insects is not provided and maintained for the purpose of separating, cooling, mixing, canning and keeping, or otherwise caring for the milk or cream. Said milk house or room shall not be located in

or be a part of any residence or dwelling house, or any barn or poultry house, and shall not be used for any other purpose whatsoever; and if any milk or cream shall be separated, cooled, mixed, canned or kept in any room or place which is occupied by any person or persons as a sleeping or living apartment, or occupied by horses, fowls, cows, hogs or other animals.

(7) If any urinal, privy vault, open cesspool, pig pen, stagnant water, accumulation of manure or other filth is permitted within one hundred feet of the milk house or room, or within fifty feet of any cow stables or stanchions or other place where milking is done.

(8) If to the interior of cattle stables, barns, milking sheds, milk house or room, an application of lime whitewash or paint is not made if in the judgment of an authorized inspector, it is needed.

(9) If the walls become soiled with manure, urine or other filth. (10) If the yards or enclosures are filthy or insanitary, or if any part of such yards or enclosures, other than pastures are made the depositories of manure in heaps or otherwise, where it is allowed to ferment and decay.

(11) If the drinking water is stagnant, polluted with manure, urine, drainage, decaying vegetable or animal matter.

(12) If the feed is spoiled, or otherwise unfit for feeding cows for the production of milk.

(b) The dairy farm score card used for the official scoring of dairies in the state of California, shall be that established by the regulations adopted by the department of agriculture of the state of California as provided for in section twenty-one of this act.

§ 14. Unsanitary creameries. (a) A creamery or any factory of dairy products or any store, depot or other place where milk is handled or kept for sale, shall be deemed insanitary within the meaning of this act in the following cases:

(1) If milk or cream is received that has reached an advanced stage of fermentation, or that shows a state of putrefactive fermentation, or contains foreign substances detrimental to the quality of the manufactured product.

(2) If the utensils and apparatus that come in contact with milk or its products in the process of manufacture are not thoroughly washed and sterilized by means of boiling water or superheated steam, after each using, and if the cans or containers in which the milk or cream

is received, transported or delivered are not thoroughly washed, sterilized and dried after emptying and before being sent out to be used again.

(3) If the floor is so constructed as to permit the flowing of water, milk or other liquids underneath or among the interstices of such floor, where fermentation and decay can take place, or if such floor cannot be readily kept free from dirt.

(4) If drains are not provided that will convey refuse milk, water and sewage away to a point at least fifty yards distant from such creamery or factory of dairy products, or if any cesspool, privy vault, hog-yard, slaughter-house, manure or any decaying vegetable or animal matter shall be within a distance that will permit foul odors to reach any such creamery or other factory of dairy products or store or depot where milk or its products are sold or handled.

(5) If such creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation.

(6) If in any building or buildings used in connection with any creamery, or factory of dairy products, any insects or other species of animal life are permitted, or if upon the floor or walls any milk or its products or any filth is allowed to accumulate, or ferment, or decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any milk or its products in any creamery, or factory of any dairy products, are unclean and not washed from time to time with reasonable frequency, and if suitable toilet and lavatory facilities and clean towels are not provided for employees.

(b) The score cards used for the official scoring of factories of dairy products shall be those established by the regulations adopted by the department of agriculture of the state of California as provided for in section twenty-one of this act.

§ 15. Pasteurization. Apparatus. Unlawful sales. (a) The process of pasteurization, as applied to milk, skim milk, cream, and other milk products, is hereby defined to be a process for the elimination therefrom of organisms harmful to human beings, which process shall consist of uniformly heating such milk, skim milk or cream, as the case may be, to a temperature of not less than one hundred forty degrees Fahrenheit and of holding the same at a temperature between one hundred forty and one hundred forty-five degrees Fahrenheit, for a period of not less than thirty minutes, nor more than one hour, and immediately thereafter cooling the same to a temperature of not above fifty degrees Fahrenheit; provided, that when cream is pasteurized to be used and is used in the manufacture of butter; or when milk is pasteurized to be used and is used in the manufacture of cheese, and where the process of ripening or starting in each case is to be commenced immediately, then it shall not be required that such cream or milk be cooled to a lower degree than is necessary for such ripening or starting. Market milk shall not be heated for more than one hour nor above one hundred forty-five degrees Fahrenheit. Milk or cream that is to be manufactured into butter or cheese may be pasteurized by heating above one hundred forty-five degrees Fahrenheit, and when the same is uniformly heated to and held at a temperature above one hundred fifty-one degrees Fahrenheit, the time for holding may be decreased

from thirty minutes to one minute for each degree of temperature above one hundred forty-five degrees Fahrenheit. If milk is repasteurized, it must not be sold for market milk.

(b) Apparatus. All apparatus used for the pasteurization of milk, skim milk or cream shall be kept in strictly clean and sanitary condition and every pasteurizing plant shall be equipped with sufficient recording thermometer devices to accurately record the temperature to which, and the length of time for which the pasteurized product has been heated. All recording thermometer devices used in the pasteurization of any milk, skim milk or cream must be approved by and at all times subject to the approval of the department of agriculture of the state of California. All persons, firms or corporations using pasteurizing apparatus within the state of California shall date, preserve and keep on file for a period of not less than two months after the same are made, all records made by such thermometer, or in lieu of such preservation may deliver such records to any public officer authorized by law or ordinance to receive the same, and said records shall, at all times, be open to the inspection of the said department of agriculture, state board of health, and of all other state, county and municipal officers charged with the enforcement of laws and ordinances respecting dairy products or the public health.

(c) Unlawful sales. No person, firm or corporation shall sell, exchange or offer or expose for sale or exchange, or have in its possession for sale or exchange, any milk, cream, skim milk, ice-cream, butter, buttermilk, cheese, or other products of milk as and for pasteurized milk, cream, skim milk, ice-cream, butter, buttermilk, cheese or other products of milk, as the case may be, nor use the word, "pasteurized," or any of its derivatives in connection with the sale, designation, advertising, labeling or billing of any milk, cream, skim milk, icecream, butter, buttermilk, cheese or other milk products, unless the same and all products of milk contained therein or used in the manufacture thereof consist exclusively of milk, skim milk or cream which has been treated by the process of pasteurization as defined and regulated in this section.

§ 16. License to manufacture milk or milk products. Tester's license. (a) Every person, firm or corporation, before regularly engaging in the business of receiving, manufacturing or processing milk or products of milk shall obtain a license to do so for each separate plant from the department of agriculture of the state of California. Upon receipt of an application for such license, the said department of agriculture shall investigate the equipment and the sanitary condition of the plant where milk or the products of milk are to be received, processed or manufactured and provide the applicant with a copy of the dairy laws of the state. If the condition of the plant is found to be satisfactory, a "factory license" shall be issued by said department of agriculture to such applicant upon receipt of a license fee of ten dollars ($10). All factory licenses shall expire the thirty-first day of December of each year and may be renewed on the first of each successive year; provided, that such plant or the business thereof shall have been conducted in accordance with the requirements of this act during the next preceding year. Applications for renewal of said license shall be made within thirty days prior to the expiration of the

year. The fee for the renewal of such license shall be one dollar for each one hundred thousand pounds of milk fat or part thereof, or each four hundred thousand gallons of milk or part thereof, purchased or received during the preceding fiscal year, ending the thirtieth day of June; provided, in no case shall the renewal fee exceed ten dollars. Any factory license may be suspended or revoked by the said department of agriculture for violation of this act, or amendments thereto, or for violation of the rules and regulations for its enforcement as provided for in section twenty-one of this act.

(b) Tester's license. All persons who shall test milk or cream purchased or received on the basis of the milk fat contained therein by any method or process, must first obtain and hold a license to do so from the department of agriculture of the state of California, said license to be known as a "tester's license." The said department of agriculture upon receipt of an application for such license, shall examine into the qualifications of the applicant and every applicant shall satisfy said department of agriculture of his qualification, and shall have a thorough knowledge of the provisions of the law with which he must comply and pay a fee of five dollars before any such license shall be issued. All such licenses shall expire the thirty-first day of December of each year and may be renewed on the first of each succssive year, provided that all requirements of the law have been met by licensee during the next preceding year, and upon the payment of a renewal fee of one dollar. Applications for renewal of said license shall be made within thirty days prior to the expiration of the year. Any tester's license may be suspended or revoked by the said department of agriculture for violation, by the holder thereof, of this act or amendments thereto or the rules and regulations for its enforcement, as provided in section twenty-one of this act.

§ 17. Weighing and shipping milk. Records. Testing milk. Weights and measures. Specifications. Inspected standard glassware to be used. Fee. (a) No person, firm or corporation shall fraudulently manipulate the measure, or weight or under-read, over-read or otherwise manipulate the test used for determining the per cent of milk fat in milk or cream, nor shall any person, firm or corporation take an unfair sample thereof on which a test is made, nor fraudulently manipulate such samples nor the records of any measurement, weight, or test, or combination thereof, upon which is based the payment for milk fat contained therein.

A permanent record in duplicate of all tests of milk or cream purchased or received on the basis of the amount of milk fat contained therein, must be made by a tester, licensed by the department of agriculture of the state of California, on standard forms supplied by, or in accordance with the specifications for such records, adopted by the said department of agriculture.

Each test shall be legibly recorded with indelible pencil or ink and shall be accompanied by the patron's name or number in such a manner as to correctly identify the test obtained upon the milk or cream of each patron.

Each sheet or page shall be authenticated by the signature of the tester, licensed by the said department of agriculture, and a duplicate record shall be deposited by said licensed tester, immediately after

completing the test on the day's samples, in a box provided by the purchaser or receiver of milk or cream, said box to be constructed, sealed and maintained in accordance with the rules and regulations adopted by the said department of agriculture as provided for in section twenty-one of this act.

The original record shall be immediately delivered to the purchaser or receiver of said milk or cream, who shall retain said original record for a period of at least three months.

The said licensed tester shall retain an unmodified sample of all milk or cream tested by him for a period of not less than forty-eight hours after tests of said milk or cream have been made and said purchaser or receiver of milk or cream shall provide a suitable place where such samples so retained may be kept and such place shall be acceptable to the said department of agriculture.

(b) In conducting the Babcock test the fat column in tests on milk in milk test bottles shall be read from the extreme bottom of the fat column to the top of the top meniscus; the fat column in tests on cream in cream test bottles shall be read from the extreme bottom of the fat column to the extreme bottom of the top meniscus (when such meniscus in the butter fat is not destroyed by the use of a foreign liquid); or from the extreme bottom of the fat column to the plane of separation between the butterfat column and the overlying foreign liquid (when such meniscus in the butterfat column is destroyed by the use of a foreign liquid). The reading of the test shall be made when the temperature of the milk fat is between one hundred thirty-five and one hundred forty degrees Fahrenheit.

(c) All glassware, weights and scales used in determining the amount of milk fat in milk or cream purchased or received on the basis of the milk fat contained therein, shall be accurate and all Babcock glassware and scales so used shall be standard. All such glassware shall be examined by the department of agriculture of the state of California and, if found to be standard, each piece shall have a legible and indelible distinguishing mark placed upon it by the said department of agriculture. The term, "standard," shall apply to glassware and scales complying with the following specifications: (1) Milk test bottle. The total per cent graduation shall be eight. The graduated portion of the neck shall have a length of not less than sixty-three and five-tenths millimeters and the graduation shall represent whole per cent, five-tenths per cent and tenths per cent. The error in the total graduation or in any part thereof shall not exceed one-tenth of one per cent. The neck shall be cylindrical for at least five millimeters below the lowest and above the highest graduation mark.

(2) Fifty per cent nine gram long-neck cream test bottle. The total per cent graduation shall be fifty. The graduated portion of the neck shall have a length of not less than one hundred twenty millimeters. The graduation shall represent five per cent, one per cent and fivetenths per cent. The cylindrical part of the neck shall extend at least five millimeters below the lowest and above the highest graduation mark. Each bottle shall bear at the top of the neck above the graduations, in plain legible characters, a mark defining the weight of the charge to be used-nine grams. The error in the total graduation