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§ 2528. Contamination by Pathogenic Organisms of Milk, Milk Products or Products Resembling Mil...

17 CA ADC § 2528Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 1. State Department of Health Services (Refs & Annos)
Chapter 4. Preventive Medical Service (Refs & Annos)
Subchapter 1. Reportable Diseases and Conditions
Article 2. General Instructions
17 CCR § 2528
§ 2528. Contamination by Pathogenic Organisms of Milk, Milk Products or Products Resembling Milk Products.
(a) The State Department of Health Services finds that the presence of any of the following pathogenic organisms in milk, milk product, or product resembling milk products make such product unsafe for human consumption: Mycobacterium tuberculosis; Brucella spp.; Streptococcus pyogenes, group A hemolytic; Corynebacterium diphtheria; Salmonella paratyphi; Salmonella schottmuelleri; Salmonella hirschfeldi; Salmonella typhi; Salmoneela dublin; Salmonella typhimurium; Shigella spp. Whenever a health officer finds that milk, milk product, or product resembling milk products, is unsafe for human consumption because it contains any of the above named organisms, he shall issue a written order to the producer or distributor of the product (1) summarizing the laboratory findings, and (2) prohibiting the sale or disposal of such milk, milk product, or product resembling milk products, except by a method approved by him, until such time as he finds the product or products to be safe for human consumption.
(b) Whenever a health officer has evidence that milk, milk product, or product resembling milk products has caused human illness or contains toxins which make such product unsafe for human consumption, he may issue a written order to the producer or distributor of the product (1) stating the facts upon which his conclusions are based, and (2) prohibiting the use, sale, or disposal of such milk, milk product, or product resembling milk products, except by a method approved by him, until such time as he finds it to be safe for human consumption.
(c) The health officer shall immediately forward a copy of any order issued pursuant to this section to the State Director of Health Services.
(d) Any producer or distributor of milk, milk product, or product resembling milk products, subject to an order of a health officer pursuant to this section may appeal to the State Department of Health Services solely upon the question of whether such products are, in fact, safe for human consumption. Such appeal shall be made in writing, stating which of the facts set forth in the order are admitted and denied. Upon receipt of the written appeal, the State Director of Health Services, after such investigation of the matter as he deems necessary, may amend or rescind the order, or set the matter for hearing before a hearing officer designated by him. In the event the order is not rescinded or amended to the satisfaction of the appellant, the matter shall be set for hearing. The hearing shall, if possible, be set within 14 days from the date of receipt of the appeal, unless additional time is required by the appellant. Insofar as is practicable, the procedures of the Administrative Procedure Act (Ch. 5, Pt. 1, Div. 3, Title 2, of the Government Code) shall apply. The hearing officer shall submit a proposed decision to the State Department of Health Services which shall issue its decision in accordance with Section 11517 of the Administrative Procedure Act. The decision shall be subject to judicial review.
(e) The procedures of this section authorize a health officer to take immediate action to protect the public health in the event he finds that milk, milk products, or products resembling milk products constitutes the applicability of other provisions of law pertaining to the regulation of such products, including but not limited to, the provisions of the Agricultural Code and the California Pure Foods Act (Ch. 3, Div. 21, Health and Safety Code).

Credits

Note: Authority cited: Sections 102 and 208, Health and Safety Code. Reference: Sections 3110-3125, Health and Safety Code.
History
1. Repealer and new section filed 12-22-69; effective thirtieth day thereafter (Register 69, No. 52).
This database is current through 5/17/24 Register 2024, No. 20.
Cal. Admin. Code tit. 17, § 2528, 17 CA ADC § 2528
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