ARTICLE 1. General Provisions [38901. - 38908.]

Cal. Food and Agricultural Code - FAC 1.

in effect

Cal. Food and Agricultural Code - FAC § 38901. Section 38901.

The production and distribution of products resembling milk products, is hereby declared to be a business affected with a public interest. The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, safety, and welfare of the people of this state.

Cal. Food and Agricultural Code - FAC § 38902. Section 38902.

The Legislature further finds and declares all of the following: (a) There is an increasing advent into the marketplace of food products which in appearance, taste and other physical characteristics resemble milk products, which are frequently mistaken by consumers for milk and milk products, which are used for the same or similar purposes as milk and milk products, which are frequently manufactured, transported and sold in the same places as milk and milk products, which are frequently packaged in the same types, sizes and shapes of containers as milk and milk products, which are suitable media for the growth and multiplication of micro-organisms; but which food products contain fats and oils other than milk fat in combination with milk products or contain no milk products. (b) It is necessary in order to prevent and avoid false, misleading and deceptive marketing of such products resembling milk products, and in order to prevent deception and confusion among consumers, and in order to protect public health, that this chapter be enacted, and that the director from time to time promulgate regulations governing the labeling, identification and sanitary production of all such products.

Cal. Food and Agricultural Code - FAC § 38903. Section 38903.

This chapter does not apply to: (a) Margarine, dairy spread, or spread subject to Chapter 8 (commencing with Section 39351). (b) A distinctive proprietary food compound which complies with all of the following requirements: (1) Not readily mistaken in taste for milk, or for evaporated, skim, condensed, or dried milk. (2) Prepared and designed for feeding infants and young children. (3) Sold exclusively by druggists, orphanages, child welfare associations, hospitals, and similar institutions or for shipment outside of this state. (c) Imitation ice cream and ice milk subject to Chapter 7 (commencing with Section 39151). (d) Any product resembling a milk product which resembling product is subjected to a temperature high enough to sterilize the product and is packaged in an hermetically sealed container.

Cal. Food and Agricultural Code - FAC § 38903.5. Section 38903.5.

Imitation cheese or substitute for cheese are subject to the provisions of this chapter.

Cal. Food and Agricultural Code - FAC § 38903.6. Section 38903.6.

Nondairy frozen dessert is subject to the provisions of this chapter.

Cal. Food and Agricultural Code - FAC § 38904. Section 38904.

Except as provided in this section, no products resembling milk products shall be used in any of the charitable or penal institutions that receive assistance from the state. If the state is informed in writing that government holdings of milk or milk products cannot be purchased or acquired by the state, the Department of General Services may purchase for use in state institutions such products if requested to do so by the director of the department which has control of any state institutions for which such product is intended.

Cal. Food and Agricultural Code - FAC § 38905. Section 38905.

It is unlawful for a restaurant or any other place where food is served to the public for consumption on the premises to misrepresent products resembling milk products as milk products.

Cal. Food and Agricultural Code - FAC § 38906. Section 38906.

If a provision of this chapter and a provision of the Health and Safety Code are applicable to the same person and subject matter, the provisions of this chapter shall prevail.

Cal. Food and Agricultural Code - FAC § 38907. Section 38907.

If any article, section, subdivision, sentence or clause of any provision of this chapter is for any reason adjudged unconstitutional or unenforceable, such decision does not affect the validity of the remaining provisions of this chapter. The Legislature hereby declares that it would have enacted all provisions of this chapter irrespective of the fact that one or more of such provisions is adjudged unconstitutional or unenforceable.

Cal. Food and Agricultural Code - FAC § 38908. Section 38908.

The provisions of this chapter shall not be construed as necessitating any alterations or deviations in the normal and traditional methods of manufacturing, distributing, and selling products resembling milk products, except insofar as such methods specifically violate provisions of this chapter.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026