Article 2 - Temporary Standards

California Food and Agricultural Code — §§ 36631-36638

Sections (8)

Amended by Stats. 1989, Ch. 758, Sec. 1.

(a)The Legislature intends that the director administer this article to accommodate, in a timely fashion, safe and wholesome milk products.

(b)This article applies to products resembling milk products that are processed and sold pursuant to Chapter 6 (commencing with Section 38901) and all milk and dairy products processed and sold pursuant to this division. This article does not apply to any of the following:

(1)Combination milk and food products processed and sold pursuant to regulations adopted pursuant to Article 3 (commencing with Section 36661).

(2)Special varieties of cheese processed and sold pursuant to regulations adopted pursuant to Section 37402.

(c)For purposes of this article, “new milk product” or “new product resembling a milk product” means a product for which no state statutory or administrative regulation standard of identity exists, and may include a product that is classified by the United States Food and Drug Administration as nonstandard.

§ 36632

Amended by Stats. 1989, Ch. 758, Sec. 2.

(a)Upon the request of any interested person, the director may, following a properly noticed hearing, pursuant to subdivision (c) of Section 36634, grant a temporary standard for an initial period of one year. A temporary standard may be granted for a new milk product or a new product resembling a milk product. However, in no case shall a temporary standard be granted for a product for which a definition and standard was contained in a bill which was not enacted during the immediately preceding session of the Legislature. A hearing called pursuant to this section shall be by written brief, unless an oral hearing is specifically requested by an interested person.

(b)The petition shall include a proposed definition, standard, nomenclature, and label for the new product. The petition shall also address the relation between the proposed product and existing definitions and standards established for comparable products.

§ 36633

Amended by Stats. 1989, Ch. 758, Sec. 3.

(a)A hearing called pursuant to this article shall be for the following purposes:

(1)Establishing if the product proposed for a temporary standard qualifies for that standard.

(2)Evaluating whether a temporary standard has been properly sought for the proposed product definition, standard, nomenclature, and label offered by the petitioner.

(b)Following the hearing, the director shall evaluate the temporary standard request on the basis of all of the following:

(1)Testimony submitted by all interested persons.

(2)The health and safety conditions under which the proposed product will be processed and distributed.

(3)Existing definitions and standards which are established for comparable products.

(c)In granting a temporary standard, the director shall establish an appropriate definition and nomenclature as well as quality and labeling requirements applicable to the permitted product.

§ 36634

Amended by Stats. 1989, Ch. 758, Sec. 4.

The processing of a petition for a temporary standard shall conform to the following schedule:

(a)Notice of the requested hearing or denial thereof shall be announced by the director within 15 days after receipt of a temporary standard petition.

(b)A hearing called pursuant to this section shall be held not later than 65 days following receipt of a temporary standard petition.

(c)The hearing shall be conducted in procedural compliance with applicable provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(d)The petitioner for a temporary standard shall be notified of the director’s decision on the request not later than 30 days following the closing of the hearing. A temporary standard approved by the director shall be effective immediately upon issuance of the director’s decision, subject to Section 36637.

§ 36635

Repealed and added by Stats. 1986, Ch. 438, Sec. 2.

An unsuccessful petitioner for a temporary standard may repetition not earlier than 60 days following written notification of the denial of the original temporary standard request, if the proposed definition and standard have been modified in the interim or other conditions have changed so that a favorable ruling by the director might reasonably be expected.

§ 36636

Repealed and added by Stats. 1986, Ch. 438, Sec. 2.

A temporary standard granted pursuant to this article may be renewed for a period of one year if the director determines that the renewal is necessary to adequately assess the market potential of the product. A second renewal of a temporary standard may be granted at the discretion of the director, except that in no case shall the second renewal be granted if legislation intended to permanently establish a standard and definition for the product currently being marketed pursuant to a temporary standard has not been introduced during the term of the standard.

The maximum duration of a temporary standard, including any renewals, shall not exceed three years.

§ 36637

Amended by Stats. 1989, Ch. 758, Sec. 5.

Upon granting a petition under this article, the director shall adopt the standard as an emergency regulation pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of this chapter, any regulations adopted under this article shall be deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare.

§ 36638

Added by Stats. 1989, Ch. 758, Sec. 6.

If the director fails to respond to a petition for a temporary standard within 65 days following receipt of the petition, the petitioner may thereafter utilize the standard. However, the right of petitioner to utilize the standard shall expire at the end of the calendar year of the Regular Session of the Legislature immediately following the year in which the use of that standard by petitioner commenced, unless that standard is enacted into law during that calendar year of the regular session of the Legislature.