Health and Safety Code
Part 10 of 87 · provisions 1,801–2,000
This section says the act is to be known as the Health and Safety Code.
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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.
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- 111822.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7.5. Menstrual Products [111822 - 111822.8] ( Chapter 7.5 added by Stats. 2020, Ch. 272, Sec. 1. )
A manufacturer covered by this section must keep justification for protecting confidential business information and provide it to the Attorney General on request for audit.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7.5. Menstrual Products [111822 - 111822.8] ( Chapter 7.5 added by Stats. 2020, Ch. 272, Sec. 1. ) ## 111822.5. A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients pursuant to the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) shall maintain justification for protecting confidential business information consistent with the requirements of the act and provide that justification on request for audit by the Attorney General. (Added by Stats. 2020, Ch. 272, Sec. 1. (AB 1989) Effective January 1, 2021.) - 111822.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7.5. Menstrual Products [111822 - 111822.8] ( Chapter 7.5 added by Stats. 2020, Ch. 272, Sec. 1. )
The chapter’s requirements apply in addition to other labeling requirements already established by law.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7.5. Menstrual Products [111822 - 111822.8] ( Chapter 7.5 added by Stats. 2020, Ch. 272, Sec. 1. ) ## 111822.6. The requirements of this chapter apply in addition to other labeling requirements established in law. (Added by Stats. 2020, Ch. 272, Sec. 1. (AB 1989) Effective January 1, 2021.) - 111822.8. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7.5. Menstrual Products [111822 - 111822.8] ( Chapter 7.5 added by Stats. 2020, Ch. 272, Sec. 1. )
A menstrual product may not be sold in the state unless the product and its manufacturer comply with this chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7.5. Menstrual Products [111822 - 111822.8] ( Chapter 7.5 added by Stats. 2020, Ch. 272, Sec. 1. ) ## 111822.8. A menstrual product shall not be sold in the state unless the menstrual product and the manufacturer of the menstrual product comply with this chapter. (Added by Stats. 2020, Ch. 272, Sec. 1. (AB 1989) Effective January 1, 2021.) - 111825. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Penalties [111825 - 111835] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section sets criminal penalties for violating covered Sherman Food, Drug, and Cosmetic Law provisions, with higher penalties for embargoed products and certain drug or device sales.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Penalties [111825 - 111835] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111825. (a) A person who violates a provision of this part or a regulation adopted pursuant to this part shall, if convicted, be subject to imprisonment for not more than one year in a county jail or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine. (b) Notwithstanding subdivision (a), a person who violates Section 111865 by removing, selling, or disposing of an embargoed food, drug, device, or cosmetic without the permission of an authorized agent of the department or court shall, if convicted, be subject to imprisonment for not more than one year in a county jail or a fine of not more than ten thousand dollars ($10,000), or both the fine and imprisonment. (c) (1) Notwithstanding subdivision (a), a person who purchases or sells a foreign dangerous drug or medical device, an illegitimate product, as defined in Section 360eee(8) of Title 21 of the United States Code, or a suspect product, as defined in Section 360eee(21) of Title 21 of the United States Code, that is not approved or otherwise authorized by the United States Food and Drug Administration or that is obtained outside of the licensed supply chain regulated by the United States Food and Drug Administration, California State Board of Pharmacy, or State Department of Public Health is guilty of a misdemeanor and subject to imprisonment for not more than one year in a county jail, a fine of not more than ten thousand dollars ($10,000) per occurrence, or both the imprisonment and fine. (2) This subdivision does not apply to those individuals determined by the United States Food and Drug Administration to have acted in compliance with the requirements under Part H (commencing with Section 360eee) of Subchapter V of Chapter 9 of Title 21 of the United States Code with regard to the illegitimate or suspect products. (d) If the violation is committed after a previous conviction under this section that has become final, or if the violation is committed with intent to defraud or mislead, or if the person committed a violation of Section 110625 or 111300 that was intentional or that was intended to cause injury, the person shall be subject to imprisonment for not more than one year in a county jail, imprisonment in the state prison, or a fine of not more than ten thousand dollars ($10,000), or both the imprisonment and fine. (e) This section does not preclude punishment under any other law that provides for a greater punishment. (Amended by Stats. 2015, Ch. 303, Sec. 341. (AB 731) Effective January 1, 2016.) - 111830. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Penalties [111825 - 111835] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
After a conviction, the court may order the defendant to pay the department’s reasonable investigation and prosecution costs, including storage and testing costs, as a condition of probation.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Penalties [111825 - 111835] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111830. Upon conviction of any violation of this part, or any regulation adopted pursuant to this part, the court may require, as a condition of probation under Section 1203.1 of the Penal Code, that the defendant pay to the department the reasonable costs incurred by the department in investigating and prosecuting the action, including, but not limited to, the costs of storage and testing. This payment shall be in addition to any other costs that a court is authorized to require a defendant to pay under Section 1203.1 of the Penal Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111835. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Penalties [111825 - 111835] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Half of fines collected for violations of this part must be paid into the State Treasury for the General Fund.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Penalties [111825 - 111835] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111835. One-half of all fines collected by any court or judge for any violation of any provision of this part shall be paid into the State Treasury to the credit of the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111840. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The Attorney General, any district attorney, or any city attorney who is reported a violation by the department must begin appropriate proceedings in the proper court.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111840. The Attorney General, any district attorney, or any city attorney to whom the department reports any violation of this part shall begin appropriate proceedings in the proper court. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111845. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The department does not have to start proceedings for minor violations if it believes a suitable written notice or warning will adequately serve the public interest.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111845. The department is not required to institute proceedings under this part for minor violations of this part, if the department believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111850. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
If the state alleges a violation of this part, it does not have to disprove exemptions or exceptions; the person claiming an exemption or exception must prove it.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111850. When the state asserts a violation of this part, the state need not negative any exemption or exception from the requirements of this part in any pleading or in any trial, hearing, or other proceeding. The burden of proof with respect to any exemption or exception rests upon the person claiming its benefit. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111855. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The department may assess civil penalties for violations, issue a complaint, and conduct a hearing process with deadlines for defense, hearing, payment, and judicial review.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Proceedings [111840 - 111855] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111855. (a) If any person violates any provision of this part, or any regulation adopted pursuant to this part, the department may assess a civil penalty against that person as provided by this section. (b) The penalty may be in an amount not to exceed one thousand dollars ($1,000) per day unless the penalty is for a violation of Section 111825, in which case the penalty may be in an amount not to exceed ten thousand dollars ($10,000) per day. Each day a violation continues shall be considered a separate violation. (c) If, after examination of a possible violation and the facts surrounding that possible violation, the department concludes that a violation has occurred, the department may issue a complaint to the person charged with the violation. The complaint shall allege the acts or failures to act that constitute the basis for the violation and the amount of the penalty. The complaint shall be served by personal service or by certified mail and shall inform the person so served of the right to a hearing. (d) Any person served with a complaint pursuant to subdivision (c) of this section may, within 20 days after service of the complaint, request a hearing by filing with the department a notice of defense. A notice of defense is deemed to have been filed within the 20-day period if it is postmarked within the 20-day period. If a hearing is requested by the person, it shall be conducted within 90 days after the receipt by the department of the notice of defense. If no notice of defense is filed within 20 days after service of the complaint, the department shall issue an order setting the penalty as proposed in the complaint unless the department and the person have entered into a settlement agreement, in which case the department shall issue an order setting the penalty in the amount specified in the settlement agreement. When the person has not filed a notice of defense or where the department and the person have entered into a settlement agreement, the order shall not be subject to review by any court or agency. (e) Any hearing required under this section shall be conducted pursuant to the procedures specified in Section 100171, except to the extent they are inconsistent with the specific requirements of this section. (f) Orders setting civil penalties under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint. (g) Within 30 days after service of a copy of a decision issued by the director after a hearing, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of the decision or order of the director in any judicial proceeding brought to enforce the decision or order or for other remedies. Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this part or the accrual of any penalties assessed pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. (h) The remedies under this section are in addition to, and do not supersede, or limit, any and all other remedies, civil or criminal. (Amended by Stats. 2005, Ch. 401, Sec. 6. Effective January 1, 2006.) - 111860. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
If an authorized agent finds or suspects certain food, drug, device, or cosmetic violations, the agent must tag the item and give notice; no one may remove or dispose of the embargoed item without permission from the department’s authorized agent or the court.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111860. Whenever an authorized agent of the department finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, misbranded, or falsely advertised within the meaning of this part, or the sale of any food, drug, device, or cosmetic would be in violation of this part, that agent shall affix to the food, drug, device, cosmetic, or component thereof, a tag or other appropriate marking. He or she shall give notice that the food, drug, device, or cosmetic is, or is suspected of being, adulterated, misbranded, falsely advertised, or the sale of which would be in violation of this part and has been embargoed, and that no person shall remove or dispose of the food, drug, device, or cosmetic by sale or otherwise until permission for removal or disposal is given by an authorized agent of the department or the court. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111865. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
A person must not remove, sell, or dispose of detained or embargoed food, drugs, devices, or cosmetics unless the department’s authorized agent or the court gives permission.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111865. It is unlawful for any person to remove, sell, or dispose of a detained or embargoed food, drug, device, or cosmetic without permission of an authorized agent of the department or the court. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111870. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
An authorized agent must remove the embargo tag or other marking when the embargoed food, drug, device, or cosmetic is found not to be adulterated, misbranded, falsely advertised, or otherwise in violation of this part.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111870. When an authorized agent of the department has found that a food, drug, device, or cosmetic that is embargoed, is not adulterated, misbranded, falsely advertised, or the sale of which is not otherwise in violation of this part, that agent shall remove the tag or other marking. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111875. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
An authorized agent of the department may remove embargoed food, drug, device, or cosmetic to a place of safekeeping if the agent finds or reasonably believes the embargo will be violated.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111875. When an authorized agent of the department finds, or has reasonable cause to believe, that the embargo will be violated, that agent may remove the embargoed food, drug, device, or cosmetic to a place of safekeeping. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111880. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
If certain food, drug, device, or cosmetic products are alleged to be adulterated, misbranded, falsely advertised, or otherwise in violation of this part, the department must start condemnation proceedings in the proper superior court.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111880. If a food, drug, device, or cosmetic is alleged to be adulterated, misbranded, falsely advertised, or the sale of which is otherwise in violation of this part, the department shall commence proceedings in the superior court in whose jurisdiction the food, drug, device, or cosmetic is located, for condemnation of the article. (Amended by Stats. 2003, Ch. 449, Sec. 26. Effective January 1, 2004.) - 111885. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
If an embargoed food, drug, device, or cosmetic is found to violate the part, the court must order it destroyed; in some cases the court may instead allow it to be brought into compliance under department supervision.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111885. If the court finds that an embargoed food, drug, device, or cosmetic is adulterated, misbranded, falsely advertised, or the sale of which is otherwise in violation of this part, the food, drug, device, or cosmetic shall, after entry of the judgment, be destroyed at the expense of the claimant or owner, under the supervision of an authorized agent of the department. All court costs and fees and all reasonable costs incurred by the department in investigating and prosecuting the action, including, but not limited to, the costs of storage and testing, shall be taxed against the claimant or owner of the food, drug, device, or cosmetic or his or her agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the food, drug, device, or cosmetic, or when the false advertisement can be corrected and when all provisions of this part can be complied with, then, after entry of the judgment and after costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the food, drug, device, or cosmetic will be brought into compliance, the court may, by order, direct that the food, drug, device, or cosmetic be delivered to the claimant or owner to be brought into compliance by labeling, processing, or other means under the supervision of an authorized agent of the department. The expense of the supervision shall be paid by the claimant or owner. The bond shall be discharged when the court finds that the food, drug, device, or cosmetic is no longer held for sale in violation of this part and that all of the expenses of supervision have been paid. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111890. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
If an authorized agent finds unsafe or contaminated food, the agent may declare it a nuisance, and the department or its authorized agent must condemn, destroy, or decharacterize it so it cannot be sold as human food.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111890. Whenever an authorized agent of the department finds any meat, meat products, seafood, poultry, vegetable, fruit, or other food that is unsound, or that contains any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health, or otherwise unsafe, that agent may declare the food to be a nuisance and the department, or its authorized agent, shall condemn or destroy it, or render it unsalable as human food by decharacterization. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111895. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
A superior court may condemn covered food, drugs, devices, or cosmetics, and they may be destroyed if done under an authorized department agent’s supervision with written consent from the owner, the owner’s attorney, or authorized representative.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Seizure and Embargo [111860 - 111895] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111895. Any superior court of this state may condemn any food, drug, device, or cosmetic under provisions of this part. In the absence of an order, the food, drug, device, or cosmetic may be destroyed under the supervision of an authorized agent of the department who has the written consent of the owner, his or her attorney, or authorized representative. (Amended by Stats. 2003, Ch. 449, Sec. 27. Effective January 1, 2004.) - 11190. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Prescriber’s Record [11190 - 11192] ( Article 2 added by Stats. 1972, Ch. 1407. )
Certain practitioners and prescribers must keep detailed controlled-substance records and submit required dispensing information to the Department of Justice.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Prescriber’s Record [11190 - 11192] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11190. (a) Every practitioner, other than a pharmacist, who prescribes or administers a controlled substance classified in Schedule II shall make a record that, as to the transaction, shows all of the following: (1) The name and address of the patient. (2) The date. (3) The character, including the name and strength, and quantity of controlled substances involved. (b) The prescriber’s record shall show the pathology and purpose for which the controlled substance was administered or prescribed. (c) (1) For each prescription for a Schedule II, Schedule III, or Schedule IV controlled substance that is dispensed by a prescriber pursuant to Section 4170 of the Business and Professions Code, the prescriber shall record and maintain the following information: (A) Full name, address, and the telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the patient. (B) The prescriber’s category of licensure and license number; federal controlled substance registration number; and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility. (C) NDC (National Drug Code) number of the controlled substance dispensed. (D) Quantity of the controlled substance dispensed. (E) ICD-9 (diagnosis code), if available. (F) Number of refills ordered. (G) Whether the drug was dispensed as a refill of a prescription or as a first-time request. (H) Date of origin of the prescription. (2) (A) Each prescriber that dispenses controlled substances shall provide the Department of Justice the information required by this subdivision on a weekly basis in a format set by the Department of Justice pursuant to regulation. (B) The reporting requirement in this section shall not apply to the direct administration of a controlled substance to the body of an ultimate user or a prescription described in subdivision (k) of Section 11165. (d) This section shall become operative on January 1, 2005. (e) The reporting requirement in this section for Schedule IV controlled substances shall not apply to any of the following: (1) The dispensing of a controlled substance in a quantity limited to an amount adequate to treat the ultimate user involved for 48 hours or less. (2) The administration or dispensing of a controlled substance in accordance with any other exclusion identified by the United States Health and Human Service Secretary for the National All Schedules Prescription Electronic Reporting Act of 2005. (f) Notwithstanding paragraph (2) of subdivision (c), the reporting requirement of the information required by this section for a Schedule II or Schedule III controlled substance, in a format set by the Department of Justice pursuant to regulation, shall be on a monthly basis for all of the following: (1) The dispensing of a controlled substance in a quantity limited to an amount adequate to treat the ultimate user involved for 48 hours or less. (2) The administration or dispensing of a controlled substance in accordance with any other exclusion identified by the United States Health and Human Service Secretary for the National All Schedules Prescription Electronic Reporting Act of 2005. (Amended by Stats. 2025, Ch. 679, Sec. 8. (AB 82) Effective January 1, 2026.) - 111900. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The Attorney General or a district attorney may sue in superior court to seek a temporary or permanent injunction against anyone violating this part.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111900. The Attorney General or any district attorney, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this part. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show, or tending to show, lack of adequate remedy at law, or to show, or tending to show, irreparable damage or loss. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111905. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
If the court finds a person violated this part, it must award the department its reasonable investigation and prosecution costs.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111905. In addition to the injunctive relief provided in Section 111900, or as a nonpunitive alternative to Section 111915, the court, after finding any person has violated this part, shall award to the department all reasonable costs incurred by the department in investigating and prosecuting the action, including, but not limited to, the costs of storage and testing, as determined by the court. The award shall be paid to the department by the person found by the court to have violated this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11191. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Prescriber’s Record [11190 - 11192] ( Article 2 added by Stats. 1972, Ch. 1407. )
The record must be kept for three years, and violating this section is a misdemeanor.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Prescriber’s Record [11190 - 11192] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11191. The record shall be preserved for three years. Every person who violates any provision of this section is guilty of a misdemeanor. (Amended by Stats. 1976, Ch. 896.) - 111910. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
Any person may sue in superior court for an injunction, and the court may also award reasonable attorney’s fees.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111910. (a) Notwithstanding the provisions of Section 111900 or any other provision of law, any person may bring an action in superior court pursuant to this section and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of Article 7 (commencing with Section 110810) of Chapter 5. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the person shall not be required to allege facts necessary to show, or tending to show, lack of adequate remedy at law, or to show, or tending to show, irreparable damage or loss, or to show, or tending to show, unique or special individual injury or damages. (b) In addition to the injunctive relief provided in subdivision (a), the court may award to that person, organization, or entity reasonable attorney’s fees as determined by the court. (c) This section shall not be construed to limit or alter the powers of the department and its authorized agents to bring an action to enforce this chapter pursuant to Section 111900 or any other provision of law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111912. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The department has no affirmative obligation to administer, regulate, or enforce state law on organic foods, except for two specified registration sections.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111912. Notwithstanding any provision of this part, or any other provision of law, the department shall have no affirmative obligation to administer, regulate, or enforce state law relating to organic foods except Section 110850, relating to the registration of persons who certify processors of organic foods, and Section 110875, relating to the registration of processors of organic foods. (Added by Stats. 1996, Ch. 1023, Sec. 315. Effective September 29, 1996.) - 111915. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The court may add a civil penalty of up to $1,000 for each day a violation continues.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Penalties and Remedies [111825 - 111915] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Injunctions [111900 - 111915] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111915. In addition to injunctive relief, the court may impose as a civil penalty, damages in the maximum sum of one thousand dollars ($1,000) for each day the violation is continued. Damages shall be paid one-half to this state and one-half to the county in which the action is brought if brought by the Attorney General, or entirely to the county if brought by a district attorney. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11192. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Prescriber’s Record [11190 - 11192] ( Article 2 added by Stats. 1972, Ch. 1407. )
In a prosecution for violating Section 11190, a mismatch between a defendant’s controlled-substance possession and the records required by law is prima facie evidence of a violation.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Prescriber’s Record [11190 - 11192] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11192. In a prosecution for a violation of Section 11190, proof that a defendant received or has had in his possession at any time a greater amount of controlled substances than is accounted for by any record required by law or that the amount of controlled substances possessed by a defendant is a lesser amount than is accounted for by any record required by law is prima facie evidence of a violation of the section. (Amended by Stats. 1976, Ch. 637.) - 111921.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. )
Industrial hemp raw extract may not be added to food, beverages, food additives, or dietary supplements unless it is a CBD or CBN isolate over 99% pure and contains no tetrahydrocannabinols or synthetic cannabinoids.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111921.1. Industrial hemp raw extract shall not be incorporated into food, food additives, beverages, or dietary supplements unless it meets both of the following: (a) The raw extract is comprised of cannabidiol (CBD) or cannabinol (CBN) isolate with a purity level greater than 99 percent. (b) The raw extract does not contain any tetrahydrocannabinols or synthetic cannabinoids. (Added by Stats. 2025, Ch. 248, Sec. 33. (AB 8) Effective January 1, 2026.) - 111921.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. )
The department may adopt regulations requiring an age limit for the sale of certain industrial hemp products if it finds a threat to public health.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111921.3. The department may adopt regulations imposing an age requirement for the sale of certain industrial hemp products upon a finding of a threat to public health. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111921.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. )
Manufacturing or selling inhalable hemp products is prohibited, except manufacturing them solely for sale in other states is allowed.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111921.6. Manufacture or sale of inhalable hemp products is prohibited. Manufacture of inhalable hemp products for the sole purpose of sale in other states is not prohibited. (Amended by Stats. 2025, Ch. 248, Sec. 35. (AB 8) Effective January 1, 2026.) - 111921.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. )
The department may exclude certain THC isomers or include other cannabinoids in the THC definition if it determines they do or do not cause intoxication, and it must consider scientific evidence, allow public comment, and post determinations online.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111921.7. (a) The department may exclude from the definition of “THC or Comparable Cannabinoid” one or more isomers of tetrahydrocannabinol if the department determines, consistent with subdivisions (c) and (d), that the tetrahydrocannabinol isomer does not cause intoxication. (b) The department may include any other cannabinoid, in addition to those expressly listed in subdivision (l) of Section 111920, in the definition of “THC” if the department determines, consistent with subdivisions (c) and (d), that the cannabinoid causes intoxication. (c) In making a determination under subdivision (a) or (b), the department shall consider scientific evidence concerning the pharmacological effects of the tetrahydrocannabinol or other cannabinoid in humans or other animals, if that evidence is available. (d) Any initial determination under subdivision (a) or (b) shall not be subject to the administrative rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, but the department, without being subject to those administrative rulemaking requirements, shall establish a process to receive public comment regarding those determinations, and shall publicly post all determinations on its internet website. However, any initial determination shall be confirmed subject to the administrative rulemaking requirements no later than 18 months following the date of the initial determination. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111921.8. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. )
This section sets when certain industrial hemp amendments become operative.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 2. General Provisions [111921 - 111921.8] ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111921.8. (a) Except for the amendments specified in subdivision (b),the amendments made to this chapter by the act adding this section shall become operative on January 1, 2028. (b) The amendments made to Sections 111921.1, 111921.6, and 111925 by the act adding this section shall become operative on January 1, 2026. (Added by Stats. 2025, Ch. 248, Sec. 36. (AB 8) Effective January 1, 2026.) - 111922. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 3. Manufacture [111922 - 111922.3] ( Article 3 added by Stats. 2021, Ch. 576, Sec. 10. )
The department may set regulatory limits and other requirements for hemp-derived cannabinoids, hemp extract, and related foods and beverages. Foods and beverages must be prepackaged and shelf stable.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 3. Manufacture [111922 - 111922.3] ( Article 3 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111922. (a) The department, through regulation, may determine maximum serving sizes for hemp-derived cannabinoids, hemp extract, and products derived therefrom, active cannabinoid concentration per serving size, the number of servings per container, and any other requirements for foods and beverages. (b) Food and beverages shall be prepackaged and shelf stable. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111923. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 4. Registration and Fees [111923 - 111923.9] ( Article 4 added by Stats. 2021, Ch. 576, Sec. 10. )
This section creates the Industrial Hemp Enrollment and Oversight Fund in the State Treasury and requires the department to deposit certain receipts into it and use the money, with legislative appropriation, to implement the chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 4. Registration and Fees [111923 - 111923.9] ( Article 4 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111923. The Industrial Hemp Enrollment and Oversight Fund is hereby established in the State Treasury. All money received by the department pursuant to Section 111923.5 shall be deposited into this fund and shall be expended by the department, upon appropriation by the Legislature, to carry out and implement this chapter. Moneys in this fund shall not be redirected for any other purpose. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111923.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 4. Registration and Fees [111923 - 111923.9] ( Article 4 added by Stats. 2021, Ch. 576, Sec. 10. )
A hemp manufacturer must get an industrial hemp enrollment and oversight authorization from the department and renew it annually. The department also charges fees and may vary or prorate them.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 4. Registration and Fees [111923 - 111923.9] ( Article 4 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111923.5. (a) In addition to licensing and registration requirements and fees required pursuant to other applicable laws, as specified in Section 111923.3, a hemp manufacturer shall obtain an industrial hemp enrollment and oversight authorization from the department. Authorization shall be renewed annually. (b) The department shall assess an authorization fee and renewal fee to cover the actual reasonable costs of implementing the regulatory program in this chapter. Fees may be set at different amounts for different hemp manufacturer types, including food products, cosmetic products, and pet food products, based on the differing costs associated with regulatory requirements, including, but not limited to, the nature and scope of the authorization activities and oversight, inspection, and enforcement activities. (c) The fee shall be adjusted pursuant to Section 100425. (d) Fees may be prorated based upon the date of the renewal or issuance of the authorization. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111923.7. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 4. Registration and Fees [111923 - 111923.9] ( Article 4 added by Stats. 2021, Ch. 576, Sec. 10. )
A hemp manufacturer outside the state must reimburse the department for travel and per diem costs for necessary onsite inspections.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 4. Registration and Fees [111923 - 111923.9] ( Article 4 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111923.7. A hemp manufacturer located outside the state shall reimburse the department for travel and per diem required to perform necessary onsite inspections at the facility to ensure compliance with this chapter and related activities pursuant to this part. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111924. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 5. Recordkeeping [111924- 111924.] ( Article 5 added by Stats. 2021, Ch. 576, Sec. 10. )
The department may adopt recordkeeping regulations that apply to transporters, manufacturers, and retailers of industrial hemp product and raw extract.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 5. Recordkeeping [111924- 111924.] ( Article 5 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111924. The department may adopt regulations for recordkeeping standards that shall apply to transporters, manufacturers, and retailers of industrial hemp product and raw extract. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111925. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 6. Testing Requirements [111925 - 111925.6] ( Article 6 added by Stats. 2021, Ch. 576, Sec. 10. )
Hemp manufacturers must follow testing rules for industrial hemp raw extract and THC concentration, using an independent testing laboratory and proof of compliance with THC limits.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 6. Testing Requirements [111925 - 111925.6] ( Article 6 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111925. (a) A hemp manufacturer shall meet all of the following testing requirements: (1) Industrial hemp raw extract shall be tested for cannabinoid content prior to being incorporated into a product. (2) Testing shall be completed by an independent testing laboratory. (3) The manufacturer of the industrial hemp product shall be able to prove total THC concentration does not exceed the limits established by this chapter and by the department in regulation. A manufacturer of raw extract shall be able to prove that the THC concentration meets department requirements set forth pursuant to subdivision (a) of Section 111921. (b) The department may regulate and restrict the cap on extract and may cap the amount of total THC concentration at the product level based on the product form, volume, number of servings, ratio of cannabinoids to THC in the product, or other factors, as needed. (Amended by Stats. 2025, Ch. 248, Sec. 40. (AB 8) Effective January 1, 2026.) - 111925.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 6. Testing Requirements [111925 - 111925.6] ( Article 6 added by Stats. 2021, Ch. 576, Sec. 10. )
Industrial hemp contaminant testing must match cannabis testing standards, and the department may change the contaminant levels by regulation to protect consumers.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 6. Testing Requirements [111925 - 111925.6] ( Article 6 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111925.4. (a) As of the effective date of the act adding this chapter, testing requirements for contaminant levels shall be the same as those for cannabis, as established in paragraph (2) of subdivision (d) of Section 26100 of the Business and Professions Code and regulations adopted pursuant thereto. (b) The department may adjust the specific contaminant levels for industrial hemp by regulation to protect consumers. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111925.6. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 6. Testing Requirements [111925 - 111925.6] ( Article 6 added by Stats. 2021, Ch. 576, Sec. 10. )
After failed testing, a product batch may be reprocessed or remediated, but it cannot be sold or distributed unless it is retested and passes. If reprocessing or remediation is not possible, the batch must be destroyed.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 6. Testing Requirements [111925 - 111925.6] ( Article 6 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111925.6. (a) A product batch may be reprocessed or remediated after failed testing, but the batch shall not be distributed or sold unless the reprocessed or remediated batch has been retested and successfully passed all the analyses required pursuant to this article. (b) If the batch cannot be reprocessed or remediated, the product batch shall be destroyed. (c) If a failed product batch is not reprocessed or remediated in any way, it shall not be retested. Subsequent certificates of analysis produced without reprocessing or remediation of the failed product batch shall not supersede the initial regulatory compliance testing certificate of analysis. (d) This section shall not prevent a product batch from being retested when the certificate of analysis was obtained 12 months prior or more. (e) (1) Reprocessing or remediation shall be an available remedy for failed product batches in all industrial hemp product categories and raw extract. (2) Remediation is not allowed once a product enters the retail market. (f) A failed product batch that cannot be reprocessed or remediated shall be destroyed, at the expense of the owner, on video surveillance, as authorized by the department, or under the supervision of an authorized agent of the department. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111927. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 8. Enforcement [111927 - 111927.4] ( Article 8 added by Stats. 2021, Ch. 576, Sec. 10. )
The department may seize or embargo industrial hemp products and raw extract, and may recall them if it determines they are dangerous to the public.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 8. Enforcement [111927 - 111927.4] ( Article 8 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111927. (a) The department shall have the seizure and embargo powers provided for in Article 3 (commencing with Section 111860) of Chapter 7 with respect to industrial hemp products and raw extract. (b) The department shall have the ability to recall industrial hemp products or raw extract that it determines to be dangerous to the public in the manner prescribed in Section 110806. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111927.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 8. Enforcement [111927 - 111927.4] ( Article 8 added by Stats. 2021, Ch. 576, Sec. 10. )
Violations of this chapter are subject to the fines and penalties set out in Chapter 8, Article 1.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 8. Enforcement [111927 - 111927.4] ( Article 8 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111927.4. Violations of this chapter are subject to the fines and penalties established in Article 1 (commencing with Section 111825) of Chapter 8. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.) - 111928. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 9. Agency Coordination [111928- 111928.] ( Article 9 added by Stats. 2021, Ch. 576, Sec. 10. )
Two state departments must create a process for sharing industrial hemp licensing and enforcement information, and those shared communications are not subject to the California Public Records Act.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 9. Agency Coordination [111928- 111928.] ( Article 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111928. (a) The Department of Food and Agriculture and the State Department of Public Health, in consultation with the Department of Cannabis Control, if necessary, shall develop a process to share license, registration, cultivar, and enforcement information to facilitate compliance and enforcement against unlicensed manufacturers or the sale of industrial hemp that does not meet the requirements of this part. (b) Communications shared between state agencies and local and law enforcement officials regarding license, registration, cultivar, and enforcement information of manufacturers and retailers of industrial hemp products and raw extract shall not be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be considered “official information” pursuant to Section 1040 of the Evidence Code. (Amended by Stats. 2022, Ch. 28, Sec. 103. (SB 1380) Effective January 1, 2023.) - 111929. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. )
Inhalable products may not be sold to consumers under 21 years of age.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111929. Inhalable products shall not be sold to consumers under 21 years of age. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Conditionally operative as prescribed by Section 111929.4. Repealed as of January 1, 2028, pursuant to Section 111929.5.) - 111929.1. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. )
A hemp manufacturer that produces inhalable products must comply with this chapter and, when applicable, with the rest of this part.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111929.1. A hemp manufacturer who produces inhalable products shall comply with this chapter and, to the extent applicable, with the provisions of this part. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Conditionally operative as prescribed by Section 111929.4. Repealed as of January 1, 2028, pursuant to Section 111929.5.) - 111929.2. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. )
An inhalable product must not contain certain listed substances, including non-natural flavorings, PEG, vitamin E acetate, MCT oil, squalene/squalane, or other substances the department finds dangerous to public health.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111929.2. An inhalable product shall not contain any of the following: (a) Flavorings other than natural terpenes. (b) Polyethylene glycol (PEG). (c) Vitamin E acetate. (d) Medium chain triglycerides (MCT oil). (e) Squalene or squalane. (f) Any other substance that the department finds to be a danger to public health. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Conditionally operative as prescribed by Section 111929.4. Repealed as of January 1, 2028, pursuant to Section 111929.5.) - 111929.3. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. )
The department may enter into an agreement with another state agency to help administer and enforce chapter provisions for inhalable products.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111929.3. The department may enter into a memorandum of understanding or other interagency agreement with another state agency to administer and enforce provisions of this chapter as they relate to inhalable products, including, but not limited to, testing provisions, advertising and labeling provisions, and the provisions relating to the manufacture and sale of inhalable products. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Conditionally operative as prescribed by Section 111929.4. Repealed as of January 1, 2028, pursuant to Section 111929.5.) - 111929.4. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. )
This article becomes operative only when the Legislature passes a measure that establishes a tax on inhalable products and says it intends to meet this section’s requirements.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111929.4. This article shall become operative upon the effective date of a measure passed by the Legislature that establishes a tax on inhalable products and states the intent of the Legislature to fulfill the requirements of this section. (Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Repealed as of January 1, 2028, pursuant to Section 111929.5. Note: Operative provisions affect Article 10, commencing with Section 111929.) - 111929.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. )
This section stays in effect only until January 1, 2028, when it is repealed.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Industrial Hemp [111920 - 111929.5] ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. ) ## ARTICLE 10. Inhalable Products [111929 - 111929.5] ( Article 10 added by Stats. 2021, Ch. 576, Sec. 10. ) ## 111929.5. This article shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2025, Ch. 248, Sec. 46. (AB 8) Effective January 1, 2026. Conditionally operative as prescribed by Section 111929.4 Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 10 commencing with Section 111929.) - 111940. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [111940 - 111945] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )
The department may impose a civil penalty for violations covered by this section, up to $1,000 per day, and must follow notice, hearing, and appeal procedures.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [111940 - 111945] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111940. (a) If any person violates any provision of Chapter 4 (commencing with Section 111950), Chapter 5 (commencing with Section 112150), Chapter 6 (commencing with Section 112350), Chapter 7 (commencing with Section 112500), Chapter 8 (commencing with Section 112650), Chapter 10 (commencing with Section 113025), or Article 3 (commencing with Section 113250) of Chapter 11 of this part, or Chapter 4 (commencing with Section 108100) of Part 3, or any regulation adopted pursuant to these provisions, the department may assess a civil penalty against that person as provided by this section. (b) The penalty may be in an amount not to exceed one thousand dollars ($1,000) per day. Each day that a violation continues shall be considered a separate violation. (c) If, after examination of a possible violation and the facts surrounding that possible violation, the department concludes that a violation has occurred, the department may issue a complaint to the person charged with the violation. The complaint shall allege the acts or failures to act that constitute the basis for the violation and the amount of the penalty. The complaint shall be served by personal service or by certified mail and shall inform the person so served of the right to a hearing. (d) Any person served with a complaint pursuant to subdivision (c) of this section may, within 20 days after service of the complaint, request a hearing by filing with the department a notice of defense. A notice of defense is deemed to have been filed within the 20-day period if it is postmarked within the 20-day period. If a hearing is requested by the person, it shall be conducted within 90 days after the receipt by the department of the notice of defense. If no notice of defense is filed within 20 days after service of the complaint, the department shall issue an order setting the penalty as proposed in the complaint unless the department and the person have entered into a settlement agreement, in which case the department shall issue an order setting the penalty in the amount specified in the settlement agreement. When the person has not filed a notice of defense or where the department and the person have entered into a settlement agreement, the order shall not be subject to review by any court or agency. (e) Any hearing required under this section shall be conducted pursuant to the procedures specified in Section 100171, except to the extent they are inconsistent with the specific requirements of this section. (f) Orders setting civil penalties under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint. (g) Within 30 days after service of a copy of a decision issued by the director after a hearing, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of the decision or order of the director in any judicial proceeding brought to enforce the decision or order or for other remedies. Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to the Miscellaneous Food, Food Facility, and Hazardous Substances Act, as defined in subdivision (b) of Section 27, or the accrual of any penalties assessed pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. (h) The remedies under this section are in addition to, and do not supersede, or limit, any and all other remedies, civil or criminal. (Amended by Stats. 1999, Ch. 83, Sec. 115. Effective January 1, 2000.) - 111945. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [111940 - 111945] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )
The court may impose a civil penalty of up to $1,000 per day for a continuing violation, in addition to injunctive relief.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [111940 - 111945] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111945. In addition to injunctive relief, the court may impose as a civil penalty, damages up to a maximum amount of one thousand dollars ($1,000) for each day the violation is continued. Damages shall be paid one-half to the State Treasury, and one-half to the county where the action is brought. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11195. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Copies of Prescriptions [11195- 11195.] ( Article 3 added by Stats. 1972, Ch. 1407. )
If an officer, agent, inspector, or investigator removes the pharmacist’s copy of a controlled substance prescription for investigation or as evidence, they must give the pharmacist a receipt.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Copies of Prescriptions [11195- 11195.] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11195. Whenever the pharmacist’s copy of a controlled substance prescription is removed by a peace officer, agent of the Attorney General, or inspector of the Board of Pharmacy, or investigator of the Division of Investigation of the Department of Consumer Affairs for the purpose of investigation or as evidence, the officer or inspector or investigator shall give to the pharmacist a receipt in lieu thereof. (Added by Stats. 1972, Ch. 1407.) - 111950. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines “food” for this chapter to include a broad range of food, drink, confectionery, condiment, and related ingredients and substances.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111950. “Food,” as used in this chapter, includes all articles used for food, drink, confectionery, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111955. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines “food processing establishment” and excludes restaurants, registered or permitted cottage food operations, and microenterprise home kitchens.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111955. “Food processing establishment,” as used in this chapter, shall mean any room, building, or place or portion thereof, maintained, used, or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food except restaurants. “Food processing establishment” shall not include a cottage food operation that is registered or has a permit pursuant to Section 114365 or a microenterprise home kitchen, as defined in Section 113825. (Amended by Stats. 2018, Ch. 470, Sec. 3. (AB 626) Effective January 1, 2019.) - 111960. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Food processing establishments must be properly lighted, drained, plumbed, and ventilated, and operated with strict regard to worker health and food wholesomeness.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111960. Every food processing establishment shall be properly lighted, drained, plumbed, and ventilated; and shall be conducted with strict regard to the influence of lighting, drainage, plumbing, and ventilation upon the health of persons therein employed, and upon the purity and wholesomeness of the food therein produced, prepared for sale, manufactured, packed, stored, kept, handled, sold, or distributed. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111965. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Food processing establishments must keep specified surfaces and equipment sanitary, and they must remove certain waste and clean food-processing tools daily.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111965. The floors, side walls, ceiling, furniture, receptacles, utensils, implements, and machinery of every food processing establishment shall at no time be kept in an unclean, unhealthful, or unsanitary condition. Any of the following is deemed to be “an unclean, unhealthful, or unsanitary condition”: (a) If food in the process of manufacture, preparation, packing, storing, sale, or distribution is not securely protected from flies, dust, or dirt, and from all other foreign or injurious contamination. (b) If refuse, dirt, and waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling, and distributing of food, are not removed daily. (c) If all trucks, trays, boxes, baskets, buckets, other receptacles, chutes, platforms, racks, tables, shelves, knives, saws, cleavers, and all other utensils, receptacles, and machinery used in moving, handling, cutting, chopping, mixing, canning, and all other processes employed in the preparation of food are not thoroughly cleaned daily. (d) If the clothing of employees is unclean or if they dress, undress, or leave or store their clothing in the place where the food is produced, prepared, manufactured, packed, sold or distributed. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111970. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Food establishments generally may not keep or allow live animals or fowl, unless the establishment is devoted to slaughtering, processing, or selling that animal or fowl.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111970. No live animal or fowl shall be kept or allowed in any establishment where food is prepared, manufactured, kept, stored, offered for sale or sold unless the establishment is exclusively devoted to the slaughter, processing and/or sale of the animal or fowl. This section does not apply to dogs used by uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while those employees are acting within the course and scope of their employment as private patrolmen. The state department may adopt regulations as it determines are reasonably necessary under this section for the protection of the public health and safety. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111975. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Bakery, confectionery, hotel, and restaurant kitchen side walls and ceilings must be kept in a sanitary condition.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111975. The side walls and ceilings of every bakery, confectionery, hotel, or restaurant kitchen shall be well plastered or ceiled with metal or lumber, or shall be oil painted or kept well lime washed, or otherwise kept in a good sanitary condition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111980. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Interior woodwork in bakeries, confectioneries, hotel kitchens, and restaurant kitchens must be kept oiled or oil-painted and kept clean and sanitary.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111980. All interior woodwork of every bakery, confectionery, hotel, or restaurant kitchen shall be kept well oiled or painted with oil paint, and shall be kept washed clean with soap and water, or otherwise kept in a good sanitary condition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111985. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Food premises covered by this section must have an impermeable, washable floor made from specified materials or another suitable nonabsorbent material.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111985. Every building, room, basement, or cellar occupied or used for the preparation, manufacture, packing, storage, sale, or distribution of food shall have an impermeable floor, made of cement, or of tile laid in cement, brick, wood, or other suitable, nonabsorbent material that can be flushed and washed clean with water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111990. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Food-producing or distributing establishments must, where practicable, fit doors, windows, and other openings with stationary or self-closing screen doors and wire window screens.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111990. Where practicable, the doors, windows, and other openings of every food producing or distributing establishment shall be fitted with stationary or self-closing screen doors and wire window screens, of not coarser than 14 mesh wire gauze. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 111995. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Food-processing buildings and similar spaces must have convenient toilet facilities that are separate from the food-processing area.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111995. Every building, room, basement, or cellar occupied or used for the production, preparation, manufacture, packing, canning, sale, or distribution of food shall have convenient toilet or toilet-rooms, separate and apart from the room or rooms where the process of production, preparation, manufacture, packing, canning, selling, or distributing is conducted. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11200. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Refilling Prescriptions [11200 - 11201] ( Article 4 added by Stats. 1972, Ch. 1407. )
This section limits when and how controlled substance prescriptions may be refilled.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Refilling Prescriptions [11200 - 11201] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11200. (a) No person shall dispense or refill a controlled substance prescription more than six months after the date thereof. (b) No prescription for a Schedule III or IV substance may be refilled more than five times and in an amount, for all refills of that prescription taken together, exceeding a 120-day supply. (c) No prescription for a Schedule II substance may be refilled. (Amended by Stats. 1992, Ch. 616, Sec. 2. Effective January 1, 1993.) - 112000. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Toilet-room floors must be made of specified nonabsorbent materials and cleaned daily.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112000. The floors of toilet-rooms shall be made of cement, or of tile laid in cement, wood, brick, or other nonabsorbent material, and shall be washed and scoured daily. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112005. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Toilets must be fitted with separate ventilating pipes or flues that discharge into soil pipes or to the outside of the building.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112005. The toilets shall be furnished with separate ventilating pipes or flues discharging either into soil pipes or on the outside of the building in which they are situated. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11201. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Refilling Prescriptions [11200 - 11201] ( Article 4 added by Stats. 1972, Ch. 1407. )
A pharmacist may refill certain controlled-substance prescriptions without the prescriber’s authorization only in an emergency, and must limit, document, and report the refill.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Refilling Prescriptions [11200 - 11201] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11201. A prescription for a controlled substance, except those appearing in schedule II, may be refilled without the prescriber’s authorization if the prescriber is unavailable to authorize the refill and if, in the pharmacist’s professional judgment, failure to refill the prescription might present an immediate hazard to the patient’s health and welfare or might result in intense suffering. The pharmacist shall refill only a reasonable amount sufficient to maintain the patient until the prescriber can be contacted. The pharmacist shall note on the reverse side of the prescription the date and quantity of the refill and that the prescriber was not available and the basis for his judgment to refill the prescription without the prescriber’s authorization. The pharmacist shall inform the patient that the prescription was refilled without the prescriber’s authorization, indicating that the prescriber was not available and that, in the pharmacist’s professional judgment, failure to provide the drug might result in an immediate hazard to the patient’s health and welfare or might result in intense suffering. The pharmacist shall inform the prescriber within a reasonable period of time. Prior to refilling a prescription pursuant to this section, the pharmacist shall make every reasonable effort to contact the prescriber. The prescriber shall not incur any liability as the result of a refilling of a prescription pursuant to this section. (Added by Stats. 1977, Ch. 1211.) - 112010. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Lavatories and washrooms must be next to toilet-rooms, supplied with soap, running water, and towels, and kept clean and sanitary.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112010. Lavatories and washrooms shall be adjacent to toilet-rooms and shall be supplied with soap, running water, and towels, and shall be maintained in a clean and sanitary condition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112015. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Employees and others who handle food materials or finished food must wash their hands and arms thoroughly in clean water before starting work and right after using a toilet or lavatory.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112015. Employees and others who handle the material from which food is prepared or the finished product shall before beginning work and immediately after visiting a toilet or lavatory, wash their hands and arms thoroughly in clean water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112020. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Employees or other persons must not sit or lie on tables, benches, troughs, shelves, or similar equipment used for food manufacturing.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112020. No employee or other person shall sit or lie upon any table, bench, trough, shelf, or other equipment that is intended for use in connection with any food manufacturing process. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112025. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Employees or other persons must not spit or discharge substances from the nose or mouth onto floors or interior side walls in food-production or food-sale areas.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112025. No employee or other person shall expectorate or discharge any substance from his or her nose or mouth on the floor or interior side wall of any building, room, basement, or cellar where the production, preparation, manufacture, packing, storing, or sale of any food is conducted. (Amended by Stats. 2006, Ch. 538, Sec. 426. Effective January 1, 2007.) - 112030. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
No person may live or sleep in any room used for a bake-shop, public dining room, hotel or restaurant kitchen, confectionery, or similar place where food is prepared, produced, manufactured, served, or sold.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112030. No person shall, nor shall any person be allowed to, reside or sleep in any room of a bake-shop, public dining room, hotel or restaurant kitchen, confectionery, or other place where food is prepared, produced, manufactured, served, or sold. (Amended by Stats. 2006, Ch. 538, Sec. 427. Effective January 1, 2007.) - 112035. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
An employer must not let a person work in a food processing establishment or related food vehicle if that person has a contagious, infectious, or communicable disease that can be spread by the food.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112035. No employer shall require or permit any person to work, in a food processing establishment or vehicle used for the production, preparation, manufacture, sale, or transportation of food if the person is infected with any contagious, infectious, or communicable disease that can be transmitted by the food involved. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112040. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section lets specified health authorities enter and inspect food-related premises, with narrower local authority after January 1, 2001, and requires local health departments to report inspections within 60 days.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112040. (a) Prior to January 1, 2001, the department, its inspectors and agents, and all local health officers and inspectors may at all times enter any building, room, basement, cellar, or other place occupied or used, or suspected of being occupied or used, for the production, preparation, manufacture, storage, sale, or distribution of food, and inspect the premises and all utensils, implements, receptacles, fixtures, furniture, and machinery used. (b) Commencing January 1, 2001, only the department, its inspectors and agents, and the local health officers and inspectors of Los Angeles, San Bernardino, and Orange Counties and the City of Vernon may exercise the authority to enter and inspect granted in subdivision (a) except as provided in subdivision (c). (c) Commencing January 1, 2001, the local health officer or inspector of each city or county, or city and county may exercise the authority to enter and inspect granted in subdivision (a) for the sole purpose of inspecting a food processing establishment that only holds or warehouses processed food, provided that: (1) The warehouse does not manufacture or pack processed food. (2) The warehouse does not hold fresh seafood, frozen seafood held in bulk for further processing, or fresh or frozen raw shellfish. (3) The warehouse is not operated as an integral part of a food processing facility required to be registered pursuant to Section 110460. (4) The warehouse facilities are located entirely within the area under the jurisdiction of the local health department. (5) The warehouse does not salvage food as the primary business. (d) All inspections of food processing establishments conducted by local health departments shall be reported to the department within 60 days. The department shall consider this information when scheduling the department’s inspection activities. (Amended by Stats. 2000, Ch. 135, Sec. 104. Effective January 1, 2001.) - 112045. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
If an inspection finds a violation or unsafe food-handling conditions, the inspector must promptly report it in writing to the county district attorney and to the department; the district attorney must prosecute the violator, and the department may publish the reports.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112045. If upon inspection any building, room, basement, cellar, or other place, or any vehicle, employer, employee, or other person is found to be in violation of or violating any of the provisions of this article, or if the production, preparation, manufacture, packing, storing, sale, or distribution of food is being conducted in a manner detrimental to the health of the employees or to the character or quality of the food being produced, prepared, manufactured, packed, stored, sold, distributed, or conveyed, the person making the inspection shall at once make a written report of the violation to the district attorney of the county, who shall prosecute the violator. He or she shall make a like report to the department. The department, from time to time, may publish the reports in its monthly bulletin. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11205. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. )
Some pharmacy-related handlers of controlled substances must keep prescriptions in a separate file from noncontrolled-substance prescriptions, and keep those files for three years.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. ) ## 11205. The owner of a pharmacy or any person who purchases a controlled substance upon federal order forms as required pursuant to the provisions of the Federal “Comprehensive Drug Abuse Prevention and Control Act of 1970,” (P.L. 91-513, 84 Stat. 1236), relating to the importation, exportation, manufacture, production, compounding, distribution, dispensing, and control of controlled substances, and who sells controlled substances obtained upon such federal order forms in response to prescriptions shall maintain and file such prescriptions in a separate file apart from noncontrolled substances prescriptions. Such files shall be preserved for a period of three years. (Amended by Stats. 1976, Ch. 896, Sec. 24.) - 112050. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
Things or food handled in violation of this article are treated as a public nuisance dangerous to health, and the local or state department may abate or enjoin it.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112050. Every building, room, basement, cellar, or other place or thing kept, maintained, or operated in violation of this article, and all food produced, prepared, manufactured, packed, stored, kept, sold, distributed, or transported in violation of this article, is a public nuisance dangerous to health. Any such nuisance may be abated or enjoined in an action brought for that purpose by the local or state department or may be summarily abated in the manner provided by law for the summary abatement of public nuisances dangerous to health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112055. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This article’s sections are named the California Food Sanitation Act.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Food Processing Establishments [111950 - 112055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112055. The sections contained in this article are to be known as the California Food Sanitation Act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11206. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. )
Filed prescriptions must be kept as a transaction record that includes specified prescription and patient details.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. ) ## 11206. Filed prescriptions shall constitute a transaction record that, together with information that is readily retrievable in the pharmacy pursuant to Section 11164 shall show or include the following: (a) The name(s) and address of the patient(s). (b) The date. (c) The character, including the name and strength, quantity, and directions for use of the controlled substance involved. (d) The name, address, telephone number, category of professional licensure, and the federal controlled substance registration number of the prescriber. (Amended by Stats. 1988, Ch. 398, Sec. 5.) - 112060. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines “bottle” for this article.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112060. “Bottle,” as employed in this article, includes any bottle or any glass or crockery food container, other than one not previously used, that is used or sold for use in the manufacture, production, preparation, compounding, blending, or packing for sale of any food, drug, or liquor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112065. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
This article does not apply to containers that are subject to Division 15 of the Food and Agricultural Code.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112065. This article is not applicable to containers subject to Division 15 (commencing with Section 32501) of the Food and Agricultural Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11207. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. )
Only a pharmacist, or an intern pharmacist under a pharmacist’s personal supervision, may compound, prepare, fill, or dispense a controlled-substance prescription. A pharmacy technician may do only the tasks allowed by Business and Professions Code section 4115 while assisting a pharmacist.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. ) ## 11207. (a) No person other than a pharmacist as defined in Section 4036 of the Business and Professions Code or an intern pharmacist, as defined in Section 4030 of the Business and Professions Code, who is under the personal supervision of a pharmacist, shall compound, prepare, fill or dispense a prescription for a controlled substance. (b) Notwithstanding subdivision (a), a pharmacy technician may perform those tasks permitted by Section 4115 of the Business and Professions Code when assisting a pharmacist dispensing a prescription for a controlled substance. (Amended by Stats. 2004, Ch. 695, Sec. 53. Effective January 1, 2005.) - 112070. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
This section applies sterilization and bottle-cleaning rules to certain bottle cleaners and bottle-resale businesses, and makes it unlawful for an unlicensed person to sell such bottles for use in packaging food, drugs, or liquors, subject to stated exceptions.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112070. The provisions of this article in reference to sterilization procedures and methods in cleaning bottles, as in this article defined, shall apply to all persons cleaning previously used bottles who are engaged in the business of packaging food, drugs, or liquors and to all persons maintaining a place of business for the cleaning and resale of the bottles sold for and to be used for packing a food, drug or liquor. The sale for use of any such bottle by any person not licensed by the board as herein provided, when the use intended by purchaser is to package for sale a food, drug or liquor produced or packaged by the purchaser is unlawful, except in the case of a sale to a purchaser for export out of this state or who is engaged in the business of packaging food, drugs, or liquors at a fixed place of business in this state and is equipped to cleanse and sterilize bottles as in this article provided. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112075. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The department must issue a license to an applicant if the required evidence is received, or optionally on a local health officer’s recommendation. The license cannot be transferred.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112075. The department shall issue a license to an applicant therefor upon the receipt of the evidence as the department may require showing that the applicant is properly equipped for the cleansing and sterilization of bottles as provided in this article, or at its option upon the recommendation of a city, county or city and county health officer. This license is nontransferable. The license provisions of this article shall not apply to food, drug or liquor manufacturers or packers who buy bottles for their own use and purposes, but do apply to any other person, firm or corporation engaged in the business of cleaning, sterilizing and reselling bottles to manufacturers or packers except as hereinabove provided. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11208. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. )
In a prosecution under this division, a mismatch between a defendant’s controlled-substance holdings and the records required by law is prima facie evidence of guilt.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. ) ## 11208. In a prosecution under this division, proof that a defendant received or has had in his possession at any time a greater amount of controlled substances than is accounted for by any record required by law or that the amount of controlled substances possessed by the defendant is a lesser amount than is accounted for by any record required by law is prima facie evidence of guilt. (Added by Stats. 1972, Ch. 1407.) - 112080. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
An establishment is treated as properly equipped for bottle cleansing and sterilization if it follows the listed cleaning, temperature, concentration, and rinsing standards.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112080. An establishment is deemed properly equipped for the cleansing and sterilization of bottles if it maintains and employs the following standards: (a) Cleanses and sterilizes bottles by first soaking them in a hot caustic solution of not less than 120 degrees F. for a period of not less than five minutes which temperature shall be indicated by a thermometer. The solution shall contain not less than 2 1/2 percent of caustic soda expressed in terms of sodium hydrates. (b) Changes the cleansing solution frequently so as to prevent its becoming foul and insanitary. (c) Thoroughly rinses the bottles after the soaking. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112085. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
All bottles must be cleansed and sterilized as specified, and kept free from rust or contamination.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112085. All bottles shall be cleansed and sterilized as specified in Section 112080, and shall be kept free from rust or contamination. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11209. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. )
Controlled substances delivered to or received for a pharmacy need a signed receipt at delivery; wholesalers or manufacturers must keep the receipt and any discrepancy record for three years.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 4. Prescriptions [11150 - 11209] ( Chapter 4 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 5. Pharmacists’ Records [11205 - 11209] ( Article 5 added by Stats. 1972, Ch. 1407. ) ## 11209. (a) No person shall deliver Schedule II, III, or IV controlled substances to a pharmacy or pharmacy receiving area, nor shall any person receive controlled substances on behalf of a pharmacy unless, at the time of delivery, a pharmacist or authorized receiving personnel signs a receipt showing the type and quantity of the controlled substances received. Any discrepancy between the receipt and the type or quantity of controlled substances actually received shall be reported to the delivering wholesaler or manufacturer by the next business day after delivery to the pharmacy. (b) The delivery receipt and any record of discrepancy shall be maintained by the wholesaler or manufacturer for a period of three years. (c) A violation of this section is a misdemeanor. (d) Nothing in this section shall require a common carrier to label a package containing controlled substances in a manner contrary to federal law or regulation. (Amended by Stats. 1988, Ch. 918, Sec. 6.) - 112090. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A licensee must give a sterilization certificate with each shipment of bottles to a purchaser.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112090. A licensee shall issue a certificate of sterilization with each shipment of bottles to a purchaser, stating that the licensee has cleansed and sterilized the bottles in the manner required by this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112095. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The state department may revoke or suspend a license, after a hearing, if a licensee fails to maintain equipment, fails to cleanse or sterilize bottles as required, and issues a knowingly untrue certificate.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112095. If any licensee fails to maintain his or her equipment and to cleanse or sterilize any bottle in the manner required by this article, and issues a certificate knowing its contents to be untrue the state department may revoke or suspend his or her license after a hearing. The proceedings for the revocation or suspension of a license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department shall have all the powers granted therein. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11210. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. )
Certain licensed health professionals may prescribe, furnish, or administer controlled substances to their patients for treatment, but only in good faith and only in the quantity and time reasonably necessary.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11210. A physician, surgeon, dentist, veterinarian, naturopathic doctor acting pursuant to Section 3640.7 of the Business and Professions Code, or podiatrist, or pharmacist acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 or within the scope of Section 4052.1, 4052.2, or 4052.6 of the Business and Professions Code, or registered nurse acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistant acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or naturopathic doctor acting within the scope of Section 3640.5 of the Business and Professions Code, or an optometrist acting within the scope of Section 3041 of the Business and Professions Code may prescribe for, furnish to, or administer controlled substances to his or her patient when the patient is suffering from a disease, ailment, injury, or infirmities attendant upon old age, other than addiction to a controlled substance. The physician, surgeon, dentist, veterinarian, naturopathic doctor acting pursuant to Section 3640.7 of the Business and Professions Code, or podiatrist, or pharmacist acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 or within the scope of Section 4052.1, 4052.2, or 4052.6 of the Business and Professions Code, or registered nurse acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistant acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or naturopathic doctor acting within the scope of Section 3640.5 of the Business and Professions Code, or an optometrist acting within the scope of Section 3041 of the Business and Professions Code shall prescribe, furnish, or administer controlled substances only when in good faith he or she believes the disease, ailment, injury, or infirmity requires the treatment. The physician, surgeon, dentist, veterinarian, or naturopathic doctor acting pursuant to Section 3640.7 of the Business and Professions Code, or podiatrist, or pharmacist acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 or within the scope of Section 4052.1, 4052.2, or 4052.6 of the Business and Professions Code, or registered nurse acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistant acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or a naturopathic doctor acting within the scope of Section 3640.5 of the Business and Professions Code, or an optometrist acting within the scope of Section 3041 of the Business and Professions Code shall prescribe, furnish, or administer controlled substances only in the quantity and for the length of time as are reasonably necessary. (Amended by Stats. 2014, Ch. 319, Sec. 6. (SB 1039) Effective January 1, 2015.) - 112100. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A bottle purchaser who presents a sterilization certificate signed by a licensed seller is treated as complying with this article.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112100. Any purchaser of a bottle who shows a certificate of sterilization signed by a licensed seller thereof complies sufficiently with this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112105. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
This section says the article does not prohibit selling uncleansed or unsterilized bottles for use to a licensed purchaser.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112105. Nothing in this article prohibits the sale for use of any uncleansed or unsterilized bottle to a purchaser who is licensed under this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11211. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. )
A hospital without a resident pharmacist and under a licensed physician’s supervision may buy controlled substances on federal order forms and make them available for emergency use by a registered nurse under a physician’s direction.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11211. In order to provide a supply of controlled substances as may be necessary to handle emergency cases, any hospital which does not employ a resident pharmacist and which is under the supervision of a licensed physician, may purchase controlled substances on federal order forms for such institution, under the name of such hospital, such supply to be made available to a registered nurse for administration to patients in emergency cases, upon direction of a licensed physician. (Added by Stats. 1972, Ch. 1407.) - 112110. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
Containers made from second-hand tin plate may not be used for packing hermetically sealed canned food for human consumption unless the tin plate was cleansed, sterilized in boiling water, and dried before manufacture.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112110. Food containers manufactured from second-hand tin plate and intended for the packing of hermetically sealed canned food products intended to be used for human consumption shall not be so used unless the tin plate from which they are manufactured has, prior to their manufacture, been cleansed and sterilized by thorough immersion in boiling water, and then dried on hot rolls or by the use of heated air. The board may inspect any place where the containers are manufactured for the purpose of enforcing this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112115. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
This section lets local enforcement divisions enforce the article, except for licensing provisions.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112115. This article, with the exception of any licensing provisions, may be enforced by any local enforcement division, which shall be construed to mean the local health department, headed by the duly appointed, qualified and acting health officer of any county, city or city and county. The territory may include one or more counties, cities, or cities and counties. (Amended by Stats. 1999, Ch. 915, Sec. 20. Effective January 1, 2000.) - 11212. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. )
Certain federally authorized people may obtain and use specified controlled substances for research, instruction, or analysis if they register and get approval from the California Department of Justice.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11212. Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use for such purposes those substances classified in paragraphs (45) and (46) of subdivision (b) of Section 11054 of the Health and Safety Code, upon registration with and approval by the California Department of Justice for use of those substances in bona fide research, instruction, or analysis. That research, instruction, or analysis shall be carried on only under the auspices of the individual identified by the registrant as responsible for the research. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept. The Department of Justice may withdraw approval of the use of such substances at any time. The department may obtain and inspect at any time the records required to be maintained by this section. (Added by Stats. 1985, Ch. 1098, Sec. 1.5. Effective September 27, 1985.) - 112120. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A nonalcoholic soft drink in a bottle or other closed container is deemed misbranded unless the bottler’s or distributor’s name and address appear on the container, or on the crown/cap for a permanently and distinctively branded bottle.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Food Containers [112060 - 112120] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112120. A nonalcoholic soft drink, whether or not carbonated, shall be deemed to be misbranded if in a bottle or other closed container unless the name and address of the bottler or distributor thereof appears on the container by being molded, printed, or otherwise labeled thereon, or the name and address is shown on the crown or cap of the container if the container is a permanently and distinctively branded bottle. The beverage shall not be deemed to be misbranded under this section if in a bottle or other closed container on which is molded, printed or otherwise labeled the product name, trademark or brand of the distributor or bottler thereof and if a sworn affidavit has been filed with the department stating the name, trademark, or brand of the beverage, a full and complete description of each territory or area of the state in which the beverage is to be distributed, and the names and addresses of the persons as are responsible for the Miscellaneous Food, Food Facility, and Hazardous Substances Act (Section 27) in the bottling and distribution of the beverage in each territory or area of the state in which the beverage is distributed. Nothing in this section shall be deemed to exempt any bottler or distributor of a beverage or beverages from any provision of Part 5 (commencing with Section 109875). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112125. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Closed Containers [112125- 112125.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
Retail sales of certain foods are unlawful unless they are in department-approved closed containers, except when sold in bulk for manufacturing purposes.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Closed Containers [112125- 112125.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112125. Except when sold in bulk for manufacturing purposes, it is unlawful to sell or otherwise dispose of at retail jams, jellies, preserves, marmalades, peanut butter, horse-radish, mayonnaise, or salad dressings other than in closed containers approved by the department, when the department determines that any other method of sale or disposition of any such food or food product is conducive to its contamination by flies, insects, dust, dirt, or foreign material of any kind whatsoever. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11213. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. )
Certain authorized persons may obtain and use Schedule I or II controlled substances for research, instruction, or analysis if the use is approved by the Research Advisory Panel.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts [11210 - 11213] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11213. (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use those substances, as defined in this division, for those purposes upon approval for use of those controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480. (b) Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project that has been approved by the Research Advisory Panel pursuant to Section 11480.1. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept. (Amended by Stats. 2025, Ch. 571, Sec. 3. (AB 1103) Effective January 1, 2026.) - 112130. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Violations [112130- 112130.] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
Anyone who violates this chapter commits a misdemeanor and may be fined up to $1,000, jailed up to six months, or both.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Wholesale Food Processors [111950 - 112130] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Violations [112130- 112130.] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112130. Any person, whether as principal or agent, employer or employee, who violates any of the provisions of this chapter is guilty of a misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. Each day’s violation is a separate and distinct offense. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11215. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
This section limits who may administer a narcotic controlled substance when it is used to treat addiction.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11215. (a) Except as provided in subdivision (b), any narcotic controlled substance employed in treating a person with substance use disorder for addiction shall be administered by: (1) A physician and surgeon. (2) A registered nurse acting under the instruction of a physician and surgeon. (3) A physician assistant licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code acting under the patient-specific authority of their physician and surgeon. (b) When acting under the direction of a physician and surgeon, the following persons may administer a narcotic controlled substance in the treatment of a person with substance use disorder for addiction to a controlled substance: (1) A psychiatric technician licensed pursuant to Chapter 10 (commencing with Section 4500) of Division 2 of the Business and Professions Code. (2) A vocational nurse licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code. (3) A pharmacist licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. (c) Except as permitted in this section, no person shall order, permit, or direct any other person to administer a narcotic controlled substance to a person being treated for addiction to a controlled substance. (Amended (as amended by Stats. 2023, Ch. 21) by Stats. 2023, Ch. 276, Sec. 3. (AB 1341) Effective September 30, 2023.) - 112150. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy and Definitions [112150 - 112155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
The Legislature declares that people must be protected from adulterated shellfish and that this chapter sets uniform sanitation standards for shellfish activities.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy and Definitions [112150 - 112155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112150. The Legislature finds and declares that the public health interest requires that the people of this state be protected from adulterated shellfish grown and harvested in state waters for sale to the public and for introduction into interstate commerce. This protection is a matter of statewide concern and the purpose of this chapter is to establish uniform sanitation standards for the growing waters, harvesting, shucking, packing, repacking, and handling of shellfish and shellstock intended for human consumption. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112155. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy and Definitions [112150 - 112155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section says the article’s definitions control how the chapter is read, unless context requires otherwise.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Declaration of Policy and Definitions [112150 - 112155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112155. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (a) “Shellfish” means native or nonnative bivalve mollusks, which include oysters, rock scallops, clams, and mussels, either fresh or frozen, and either shucked or in the shell. (b) “Shellstock” means shellfish which remain in their shells. (c) “Growing area” means any offshore ocean, coastal estuarine, or freshwater area that may be classified by the department for natural shellfish growth or artificial shellfish propagation and includes open seawater systems. (d) “Approved area” means a shellfish-growing area not adversely affected by sewage or other wastes. (e) “Conditionally approved area” means a shellfish-growing area that may be occasionally affected by sewage or other wastes. (f) “Prohibited area” means a shellfish-growing area not certified because of its proximity to a waste discharge or because the area is influenced by other detrimental environmental factors. (g) “Restricted area” means a shellfish-growing area subjected to a limited degree of pollution which makes it unsafe to harvest shellfish for direct marketing but where harvesting for relaying or depuration may be permitted. (h) “Other wastes” means wastes, such as, but not limited to, animal, industrial, radiological, and agricultural wastes which would render shellfish unsafe or unfit for human consumption. (i) “Department” means the State Department of Health Services. (j) “Director” means the State Director of Health Services. (k) “Person” includes any individual, partnership, corporation, limited liability company, and association. ( l) “Closed area” means an area that the shellfish taken therefrom have been declared to be unsafe or unfit for human consumption. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112160. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The director may close shellfish areas, and the department must give notice and an opportunity to respond before doing so, unless emergency action is justified.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112160. (a) The director may declare any area within the jurisdiction of this state to be a closed area if it is determined that shellfish taken from the growing area may be unsafe or unfit for human consumption. (b) The director shall close to the taking of shellfish for a period deemed advisable any waters to which shellfish from a closed area may have been transferred. (c) The director shall establish by order the areas that he or she declares unsafe or unfit for shellfish harvesting and shall modify or revoke the order in accordance with the results of chemical, toxicologic, and bacteriological surveys conducted by the department. The director shall file the order in the office of the department, and shall furnish copies of the orders describing closed areas to the Department of Fish and Game, the State Water Resources Control Board, and to any interested person without charge. (d) Prior to the director’s declaration that shellfish-growing waters may be unsafe and shellfish grown in these waters may not be taken for human consumption, the department shall do all of the following: (1) Give at least 20 days’ notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subject and issues involved, and the time when, the place where, and the manner in which, interested persons may present their views thereon. (2) Afford all interested persons reasonable opportunity to submit data, views, or arguments orally or in writing. The department shall consider fully all written and oral submissions respecting the proposed action. (e) If the department finds that the shellfish harvested from an area is unsafe or unfit for human consumption and states in writing its reasons for that finding, it may proceed without prior notice or hearing to take emergency action. The action may be effective for a period of not longer than 30 days, during which time the department shall initiate the procedures contained in subdivision (d). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112165. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The department must adopt shellfish-related regulations, including requirements for growing, harvesting, handling, facilities, and fees.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112165. (a) The department shall adopt regulations regarding all of the following: (1) The classification and minimum requirements for growing and harvesting areas, for relaying and depuration procedures, and for aquaculture facilities that are used for the cultivation and production of shellfish. (2) Specifications for plant facilities and for the harvesting, transporting, storing, handling, packing, and repacking of shellfish. (3) Fees. (b) The department shall adopt regulations by January 1, 1999, to interpret and enforce the provisions of this chapter. The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) The regulations shall conform, so far as possible, to the standards or procedures established in the guidelines adopted by the National Shellfish Sanitation Program that pertain to the evaluation of shellfish-growing areas and handling facilities, but shall provide for regulating other wastes or contaminants not covered by the guidelines adopted by the National Shellfish Sanitation Program that would render shellfish unsafe or unfit for human consumption. If the department adopts standards or procedures that exceed standards or procedures established in the guidelines adopted by the National Shellfish Sanitation Program, the department shall provide a written finding describing the public health need for those standards and procedures in the rulemaking process. (Amended by Stats. 1997, Ch. 236, Sec. 1. Effective January 1, 1998.) - 11217. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
People generally may not treat addiction to narcotic drugs except in specified approved or licensed settings, with several exceptions.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11217. Except as provided in Section 11223, no person shall treat a person with substance use disorder for addiction to a narcotic drug except in one of the following: (a) An institution approved by the State Department of Health Care Services, and where the patient is at all times kept under restraint and control. (b) A city or county jail. (c) A state prison. (d) A facility designated by a county and approved by the State Department of Health Care Services pursuant to Division 5 (commencing with Section 5000) of the Welfare and Institutions Code. (e) A state hospital. (f) A county hospital. (g) A facility licensed by the State Department of Health Care Services pursuant to Division 10.5 (commencing with Section 11750). (h) A facility as defined in subdivision (a) or (b) of Section 1250 and Section 1250.3. A narcotic controlled substance in the continuing treatment of addiction to a controlled substance shall be used only in those programs licensed by the State Department of Health Care Services pursuant to Article 1 (commencing with Section 11839) of Chapter 10 of Part 2 of Division 10.5 on either an inpatient or outpatient basis, or both. This section does not apply during emergency treatment, or where the patient’s addiction is complicated by the presence of incurable disease, serious accident, or injury, or the infirmities of old age. Neither this section nor any other provision of this division shall be construed to prohibit the maintenance of a place in which persons seeking to recover from addiction to a controlled substance reside and endeavor to aid one another and receive aid from others in recovering from that addiction, nor does this section or this division prohibit that aid, provided that no person is treated for addiction in a place by means of administering, furnishing, or prescribing of controlled substances. The preceding sentence is declaratory of preexisting law. Neither this section or any other provision of this division shall be construed to prohibit short-term narcotic detoxification treatment in a controlled setting approved by the director and pursuant to rules and regulations of the director. Facilities and treatment approved by the director under this paragraph shall not be subject to approval or inspection by the Medical Board of California, nor shall persons in those facilities be required to register with, or report the termination of residence with, the police department or sheriff’s office. (Amended by Stats. 2023, Ch. 21, Sec. 8. (AB 1130) Effective January 1, 2024.) - 11217.5. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
A licensed physician and surgeon may treat a person with substance use disorder for addiction, and may administer medically necessary medications or therapeutic agents under direct care, but may not administer narcotic drugs under this section.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11217.5. Notwithstanding the provisions of Section 11217, a licensed physician and surgeon may treat a person with substance use disorder for addiction in any office or medical facility which, in the professional judgment of the physician and surgeon, is medically proper for the rehabilitation and treatment of the person. A licensed physician and surgeon may administer to a person with substance use disorder, under their direct care, those medications and therapeutic agents which, in the judgment of the physician and surgeon, are medically necessary, provided that nothing in this section shall authorize the administration of any narcotic drug. (Amended by Stats. 2023, Ch. 21, Sec. 9. (AB 1130) Effective January 1, 2024.) - 112170. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The director, or the director’s authorized agent, must inspect shellfish growing waters when needed, resurvey restricted or unapproved waters on request for good cause, and issue a compliance certificate when the shellfish and water meet the regulations.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112170. (a) The director, or the director’s duly authorized agent, shall conduct sanitary surveys of any shellfish growing water as deemed necessary to assure each of the following: (1) Any shellfish grown in the water is safe as an article of food and meets bacteriological, chemical, and toxicologic standards as prescribed by regulation. (2) Any shellfish grown in prohibited or restricted areas is either relayed to or depurated in approved water for a period of time as necessary to meet bacteriological, chemical, and toxicologic standards, as prescribed by regulation. (3) For good cause shown, a shellfish grower or harvester may request the resurvey of restricted or unapproved growing water, and the director, or the director’s duly authorized agent, shall conduct the sanitary resurvey. (b) If it is found that the shellfish and growing water are in compliance with the regulations promulgated under this chapter, the director shall issue a certificate attesting to the compliance to the lawful grower or harvester of the shellfish. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112175. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
It is unlawful for any person to commercially cultivate shellfish or harvest shellfish from naturally occurring populations for human consumption, unless an exception in the cited Fish and Game Code sections or department regulations applies.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112175. It is unlawful for any person to engage in commercial shellfish cultivation or the harvesting for human consumption of shellfish from naturally occurring populations, except as provided for in Sections 5670, 7850, 8500, and 15101 of the Fish and Game Code and in regulations adopted by the department pursuant to this chapter, with regard to growing areas, relaying and depuration procedures, and aquaculture facilities. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11218. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
A physician treating addiction may not prescribe or furnish more than specified amounts of controlled substances during each of the first 15 days of treatment.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11218. A physician treating a person with substance use disorder for addiction may not prescribe for or furnish to the person with substance use disorder more than any one of the following amounts of controlled substances during each of the first 15 days of that treatment: (a) Eight grains of opium. (b) Four grains of morphine. (c) Six grains of Pantopon. (d) One grain of Dilaudid. (e) Four hundred milligrams of isonipecaine (Demerol). (Amended by Stats. 2023, Ch. 21, Sec. 10. (AB 1130) Effective January 1, 2024.) - 112180. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The director or the director’s agent may inspect shellfish-related facilities, take samples, and inspect plants and handling practices; the director must issue a certificate if the operator complies, and may revoke a certificate for noncompliance or refusal of inspection, subject to notice requirements.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112180. The director, or the director’s duly authorized agent, may, at any reasonable hour of the day, do any of the following: (a) Enter and inspect any facility or area used for cultivation, production, depuration, processing, transporting, or sale of shellfish. (b) Obtain samples of water and shellfish. Upon request, split samples shall be given to the person from whose property the samples were obtained. (c) Inspect all shellfish plants and the practices followed in the handling and packaging of shellfish. If it is found that the operator is complying with the regulations promulgated under this chapter, the director shall issue a certificate attesting to the compliance. (d) Cause a reinspection to be made at any time and may revoke the certificate upon refusal of the operator to permit an inspection or free access at all reasonable hours, or upon a finding that the plant is not being operated in compliance with the regulations promulgated under this chapter. (e) No revocation, suspension, annulment, or withdrawal of any certificate is lawful unless, prior to the institution of department proceedings, the department gave notice by mail, to the certificate holder, of facts or conduct that warrants the intended action, and the certificate holder was given an opportunity to show compliance with all lawful requirements for the retention of the certificate, pursuant to Section 112265. This section does not preclude the department from taking immediate action in accordance with subdivision (e) of Section 112160. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112185. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person may not take, sell, offer, or hold for sale shellfish from an area the director has declared unsuitable for human consumption unless the shellfish comply with department purification regulations.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112185. It is unlawful for any person to take, sell, offer, or hold for sale any shellfish from an area declared by the director to be unsuitable for harvesting for human consumption, without complying with all regulations adopted by the department to ensure that the shellfish have been purified. The intent of this section is not to prohibit the transplanting of shellfish from restricted or prohibited growing areas, if permission for the transplanting is first obtained from the Department of Fish and Game pursuant to Section 237 of Title 14 of the California Code of Regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11219. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
After 15 days of treatment, a physician may not prescribe or furnish more than specified daily amounts of certain controlled substances to a person with a substance use disorder.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11219. After 15 days of treatment, the physician may not prescribe for or furnish to the person with substance use disorder more than any one of the following amounts of controlled substances during each day of the treatment: (a) Four grains of opium. (b) Two grains of morphine. (c) Three grains of Pantopon. (d) One-half grain of Dilaudid. (e) Two hundred milligrams of isonipecaine (Demerol). (Amended by Stats. 2023, Ch. 21, Sec. 11. (AB 1130) Effective January 1, 2024.) - 112190. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person may not sell, offer, or hold for sale shellstock or shucked shellfish unless it comes from a department-certified growing area or has been purified under Section 112170.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112190. It is unlawful for any person to sell, offer, or hold for sale any shellstock or shucked shellfish that has not been harvested from a growing area which has been certified by the department or that has not been purified in accordance with Section 112170. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112195. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person may not sell, offer, or hold for sale shellstock or shucked shellfish unless it has been handled and packaged as required by this chapter and related regulations.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112195. It is unlawful for any person to sell, offer, or hold for sale any shellstock or shucked shellfish that has not been handled and packaged in accordance with specifications under this chapter, and regulations adopted pursuant to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11220. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
After 30 days from the first treatment, controlled substances must be stopped, except FDA-approved medications for narcotic replacement treatment or medication-assisted treatment of substance use disorders.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11220. At the end of 30 days from the first treatment, the prescribing or furnishing of controlled substances, except medications approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders, shall be discontinued. (Amended by Stats. 2017, Ch. 223, Sec. 1. (AB 395) Effective January 1, 2018.) - 112200. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person may not sell, offer, or hold shellfish for sale if the shellfish packaging and handling facilities do not comply with department regulations.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112200. It is unlawful for any person to sell, offer, or hold for sale any shellfish where the facilities for packaging and handling of the shellfish do not comply with regulations adopted by the department under this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112205. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person may not operate a shellfish plant that handles or packages shellfish unless the department has issued a valid certificate for that plant or place of business.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112205. It is unlawful for any person to operate a shellfish plant engaged in the handling and packaging of shellfish, either shucked or in the shell, without a valid certificate issued by the department for each plant or place of business. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112210. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
It is unlawful to sell, offer, or hold for sale shellstock or shucked shellfish unless the label has a valid certificate number and complies with Chapter 4 of Part 5.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112210. It is unlawful for any person to sell, offer, or hold for sale any shellstock or shucked shellfish without a label that bears a valid certificate number and is in compliance with Chapter 4 (commencing with Section 110290) of Part 5. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112215. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person must not sell, offer, or hold for sale shellfish unless it is in a container with a valid certificate number from a qualifying state or nation.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112215. It is unlawful for any person to sell, offer, or hold for sale any shellfish not in a container bearing a valid certificate number from a state or a nation whose shellfish certification program conforms to the then current Manual of Recommended Practice for Sanitary Control of the Shellfish Industry, issued by the United States Public Health Service. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11222. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
If a confined person is reasonably believed to be addicted to a controlled substance, the person in charge must provide medical aid to ease withdrawal symptoms. A person in a narcotic treatment program may be allowed to continue in the program while incarcerated, at the program director’s discretion, until conviction.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11222. In any case in which a person is taken into custody by arrest or other process of law and is lodged in a jail or other place of confinement, and there is reasonable cause to believe that the person is addicted to a controlled substance, it is the duty of the person in charge of the place of confinement to provide the person so confined with medical aid as necessary to ease any symptoms of withdrawal from the use of controlled substances. In any case in which a person, who is participating in a narcotic treatment program, is incarcerated in a jail or other place of confinement, he or she shall, in the discretion of the director of the program, be entitled to continue in the program until conviction. (Amended by Stats. 1995, Ch. 455, Sec. 11. Effective September 5, 1995.) - 112220. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
Labeling rules in Sections 112210 and 112215 do not apply to certain shellstock held in refrigerated dry storage or sold on premises as the ultimate point of sale.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112220. The provisions of Sections 112210 and 112215, with respect to labeling requirements, shall not apply to any of the following: (a) Shellstock held in dry storage under refrigerated conditions not for shipment or sale. (b) Shellstock sold on premises when the sale is the ultimate point of sale. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112225. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
Shellfish sold or offered for retail or human consumption may be immediately condemned, seized, and confiscated by the director if they were not handled and packaged as required, are not in a certified container, or are otherwise unfit for human consumption.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112225. Any shellfish that are held or offered for sale at retail or for human consumption, and that have not been handled and packaged in accordance with the specifications fixed by the department under this chapter, or that are not in a certified container as provided in Sections 112210 and 112215, or that are otherwise found by the director to be unfit for human consumption, are subject to immediate condemnation, seizure, and confiscation by the director or the director’s duly authorized agent. The shellfish shall be held, destroyed, or otherwise disposed of as directed by the director. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11223. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. )
A registered physician and surgeon may provide addiction treatment under the federal law described here, despite any other law.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Treatment of Addicts for Addiction [11215 - 11223] ( Article 2 added by Stats. 1972, Ch. 1407. ) ## 11223. Notwithstanding any other provision of law, a physician and surgeon who is registered with the federal Attorney General pursuant to Section 823(g) of Title 21 of the United States Code may provide treatment for addiction pursuant to this federal law. (Added by Stats. 2010, Ch. 93, Sec. 1. (AB 2268) Effective January 1, 2011.) - 112230. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The director may suspend or revoke a certificate issued under this chapter for violations of the chapter or its regulations.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. General Requirements [112160 - 112230] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112230. The director may suspend or revoke any certificate issued pursuant to this chapter for any violation of this chapter or the regulations adopted pursuant thereto. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112235. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Fees [112235- 112235.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
The department must charge and collect a fee for each certificate issued, and the fee amount is set by regulation.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Fees [112235- 112235.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112235. The department shall charge and collect a fee for each certificate issued. The amount of the fee shall be established by regulation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112240. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Penalties [112240 - 112245] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
A person who willfully violates this chapter or its regulations commits a misdemeanor and may face jail, fines, or both.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Penalties [112240 - 112245] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112240. Any person who willfully violates any provision of this chapter, or any regulation adopted pursuant to this chapter, is guilty of a misdemeanor and shall, if convicted, be subject to imprisonment for not more than six months in the county jail or a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or both. If the violation is committed after a previous conviction under this section that has become final, or if the violation is committed with the intent to defraud or mislead, the person shall be subject to imprisonment for not more than one year in the county jail or a fine of not more than one thousand dollars ($1,000), or both. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112245. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Penalties [112240 - 112245] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
Courts or judges must pay one-half of fines collected for violations of this chapter into the State Treasury for the General Fund.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Penalties [112240 - 112245] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112245. One-half of all fines collected by any court or judge for any violation of any provision of this chapter shall be paid into the State Treasury to the credit of the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112250. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
If the department reports a violation of this chapter, the Attorney General, a district attorney, or a city attorney must start proceedings in the proper court.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112250. (a) The Attorney General, any district attorney, or any city attorney to whom the department reports any violation of this chapter shall begin appropriate proceedings in the proper court. (b) Before any alleged violation of this chapter is reported to the Attorney General, a district attorney, or a city attorney for the institution of a criminal proceeding, the person against whom this proceeding is contemplated may be given appropriate notice and an opportunity to show cause why he or she should not be prosecuted and to present additional facts that may mitigate the action. The showing may be presented either orally or in writing, in person, or by attorney. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112255. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
The department is not required to start proceedings for minor violations if it believes a written notice or warning will adequately serve the public interest.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112255. The department is not required to institute proceedings under this chapter for minor violations of this chapter, if the department believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112260. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
If the state alleges a violation of this chapter, it does not have to disprove exemptions or exceptions; the person claiming an exemption or exception must prove it.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112260. When the state asserts a violation of this chapter, the state need not negate any exemption or exception from the requirements of this chapter in any pleading, or in any trial, hearing, or other proceeding. The burden of proof with respect to any exemption or exception rests upon the person claiming its benefits. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112265. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
When the department alleges a violation of this chapter, affected persons must be given an administrative hearing after 20 days’ notice, with required notice contents and an opportunity to respond.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112265. (a) Except to the extent otherwise provided in Section 112160 and subdivision (e) of Section 112180, or when a violation is asserted pursuant to Section 112240, when the department asserts a violation of this chapter, all affected persons shall be afforded an opportunity for an administrative hearing after 20 days notice. (b) The notice shall include all of the following: (1) A statement of the time, place, and nature of the hearing. (2) A statement of the legal authority and jurisdiction under which the hearing is to be held. (3) A reference to the particular sections of the statutes, regulations, and rules involved. (4) A short and plain statement of the matters asserted. (c) Opportunity shall be afforded all persons to respond and present evidence on the issues involved. (d) Hearings authorized or required by this chapter shall be conducted by the department or any agent as the department may designate for that purpose. (e) Oral proceedings or any part thereof shall be transcribed at the request of any person. The person requesting the transcription shall bear the cost of the transcript. (f) Final decisions or orders adverse to any person shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, that shall be separately stated. Persons shall be notified either personally or by mail of any decision or order. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112270. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
The department may proceed under Section 119940 instead of using administrative proceedings under Section 112265.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112270. In lieu of administrative proceedings pursuant to Section 112265, the department may proceed under Section 119940. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112275. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
A person who has exhausted all available administrative remedies in the department and is aggrieved by a final decision or order may seek judicial review under this chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112275. A person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision or order is entitled to judicial review pursuant to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112280. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
Existing regulations for this chapter stay in force until the department adopts new regulations under Section 112165.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Sanitary Control of Shellfish [112150 - 112280] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Proceedings [112250 - 112280] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112280. All regulations applicable to this chapter, and currently in effect at the time this chapter takes effect, shall remain in effect until the department adopts regulations pursuant to Section 112165. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112350. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This article’s definitions control how this chapter is read, unless the context requires otherwise.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112350. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112355. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines “cold storage” as a place refrigerated to 45°F or below, with a carve-out for certain small leased lockers or compartments holding privately owned food not kept for resale.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112355. “Cold storage” means a place artificially refrigerated to a temperature above zero of 45 degrees Fahrenheit or below. It does not include any place where food that is privately owned and not held for resale is stored inside of lockers or compartments that are not more than 25 cubic feet in capacity, and which lockers or compartments are leased to private individuals for their exclusive use. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112360. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
“Cold stored” means keeping food in cold storage for more than ten days.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112360. “Cold stored” means the keeping of articles of food in cold storage for a period exceeding ten days. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112365. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines “article of food” for the chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112365. “Article of food” means any article of food used for human consumption. It includes fresh meat and fresh meat products (except in process of manufacture), fresh and dried fruit or vegetables, fish, shellfish, game, poultry, eggs, butter, and cheese, but not malt beverages. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112370. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines “storer” as a person who offers food articles for cold storage.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112370. “Storer” means a person who offers articles of food for cold storage. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112375. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This chapter does not apply to certain cold storage or refrigerating facilities used by specified food businesses when they are for the owner’s or operator’s exclusive use and the food is not stored for others.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112375. This chapter does not apply to any cold storage or refrigerating plant or warehouse that is maintained or operated by a restaurant, hotel, exclusively wholesale or retail establishment, cannery, winery, brewery, or other food processing place that is used for the storage of food and which place is owned by or is for the exclusive use of the occupant owner or maintainer thereof, and said food is not stored for other persons. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112380. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines “locker plant” and says that if stored food is for resale or manufacturing, the locker plant is subject to the chapter’s license provisions.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions and General Provisions [112350 - 112380] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112380. The term “locker plant” as used in this chapter shall mean any building or portion thereof that is artificially cooled to or below a temperature above zero of 45 degrees Fahrenheit and used exclusively for the storage of any article of food for the sole use of the storer, and that article or articles of food are not for resale. If any article or articles of food stored in locker plants are for resale and/or to be used for manufacturing purposes, said locker plant is subject to the license provisions of this chapter and all sections thereof. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112385. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person who wants to operate a cold storage or refrigerating warehouse for food must apply in writing to the board for a license and state the plant location.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112385. Any person desiring to operate a cold storage or refrigerating warehouse for storing articles of food shall make application in writing to the board for a license for that purpose, stating the location of his or her plant or plants. For the purpose of securing the proper enforcement of this chapter, those buildings or structures that are served by a central refrigerating plant shall be considered as one cold storage or refrigerating warehouse or plant, and subject to one license. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112390. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
When an application is received, the board must examine the plant’s sanitary condition.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112390. On receipt of the application the board shall examine into the sanitary condition of the plant. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112395. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
If the plant is sanitary and properly equipped, and the required license fee is paid, the state department must issue a license for cold storage or refrigerating warehouse operation for up to one year.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112395. If it finds the plant to be in a sanitary condition and otherwise properly equipped for the business of cold storage, the state department, upon the payment of the license fee specified in this chapter, shall issue a license authorizing the applicant to operate a cold storage or refrigerating warehouse for a period of not more than one year. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11240. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Veterinarians [11240 - 11241] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 1098, Sec. 2. )
A veterinarian must not prescribe, administer, or furnish a controlled substance for themselves or for any other human being.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Veterinarians [11240 - 11241] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 1098, Sec. 2. ) ## 11240. No veterinarian shall prescribe, administer, or furnish a controlled substance for himself or any other human being. (Added by Stats. 1972, Ch. 1407.) - 112400. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
A person, firm, or corporation must get a state department license for each place of business before operating a cold storage or refrigerating warehouse for food storage.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112400. No person, firm, or corporation shall engage in the operation of a cold storage or refrigerating warehouse for storing articles of food without having obtained from the state department a license for each such place of business. This license is nontransferable. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112405. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
License applications under this chapter must include a $50 fee, and licenses expire each year on December 31.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112405. Each application for a license under this chapter shall be accompanied by a fee of fifty dollars ($50). Each license issued under this chapter shall expire on December 31st of each calendar year. License fees of fifty dollars ($50) are due on the first of January of each year. The fee for licenses initially issued after January 1st of each year shall not be prorated. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11241. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Veterinarians [11240 - 11241] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 1098, Sec. 2. )
A veterinarian’s prescription must identify the kind of animal and the owner or custodian’s name and address.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Veterinarians [11240 - 11241] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 1098, Sec. 2. ) ## 11241. A prescription written by a veterinarian shall state the kind of animal for which ordered and the name and address of the owner or person having custody of the animal. (Added by Stats. 1972, Ch. 1407.) - 112410. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )
The director must keep a correct account of fees received under this chapter and deposit those fees with the Treasurer at least once each month for credit to the General Fund.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses [112385 - 112410] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112410. The director shall keep a full and correct account of all fees received under this chapter. At least once each month he or she shall deposit all the fees with the Treasurer for credit to the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112415. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
If the department decides a licensed place is unsanitary, it must notify the licensee in writing and specify what is unsanitary.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112415. If any place or portion of a place for which a license is issued is deemed by the department to be in an unsanitary condition, the department shall give written notification to the licensee of the condition, stating in particular the matters found to be unsanitary. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112420. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
If the licensee does not fix the problem within the designated time, the department must stop the licensee from using the place or the affected part until it is sanitary again.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112420. Upon failure of the licensee to correct the situation within a designated time the department shall prohibit the licensee from using the place or specified portion until such time as it is restored to a sanitary condition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112425. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
Every licensee must keep accurate records of food receipts and withdrawals, and the department may access those records at any time.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112425. Every licensee shall keep an accurate record of receipts and withdrawals of articles of food, and the department shall have free access to these records at any time. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112430. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )
If the department or its agent asks, a licensee must timely submit an itemized report of the quantity of food products kept in cold storage.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Licensee Regulations [112415 - 112430] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112430. When requested by the department or an agent thereof, any licensee shall within a reasonable time submit a report setting forth in itemized particulars the quantity of food products held by him or her in cold storage. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112435. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
A storer must not put food into cold storage if the food is tainted, diseased, deteriorated, or not prepared in line with food laws and state department rules.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112435. No storer shall place in cold storage any article of food whose keeping qualities have been impaired by disease, taint, or deterioration, or that has not been slaughtered, handled, and prepared for storage in accordance with food laws pertaining thereto and the regulations as may be prescribed by the state department for the sanitary preparation of food products for cold storage. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112440. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
Before cold storage, the owner must mark food intended for non-human consumption so it is plainly identified as not for sale as human food.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112440. Any article of food intended for use other than human consumption shall, before being cold stored, be marked by the owner in accordance with forms prescribed by the department in a way as to indicate plainly that the article is not to be sold for human food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112445. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
Food lots placed in cold storage must be plainly marked with the lot number that matches the records kept on the premises.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112445. Each separate lot of food, when deposited in cold storage, shall be marked plainly with the lot number covering that particular lot of articles of food indicated and recorded on the records maintained on the premises. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112450. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The department must inspect and supervise cold storage or refrigerating warehouses, and may inspect the entry of food articles there when it deems necessary to enforce the chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112450. The department shall inspect and supervise all cold storage or refrigerating warehouses, and make the inspection of the entry of articles of food therein as it deems necessary to secure the proper enforcement of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112455. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The department and its authorized employees may enter cold storage or refrigerating warehouses at reasonable times to inspect and enforce this chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112455. The department and its duly authorized employees shall be permitted access to cold storage or refrigerating warehouses at all reasonable times for purposes of inspection and enforcing this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112460. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The department may appoint qualified people to do inspections required by this chapter and may set their salary.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112460. The department may also appoint at the salary as it may designate, any person it deems qualified to make any inspection required by this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112465. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
A person may not keep food in cold storage for more than 12 calendar months unless the board consents; the licensee must give the board and the food owner notice 30 days before the 12-month period ends.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112465. No person shall keep any article of food in cold storage for more than twelve calendar months, except with the consent of the board. Thirty days prior to the expiration of the 12-month period, the licensee shall send notice to the board advising them of this fact. Duplicate notice shall be sent to the owner of the food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112470. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The department must grant an application to extend storage beyond 12 months if the goods are examined and found suitable for further storage.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112470. The department shall, upon application, grant permission to extend the period of storage beyond 12 months for a particular consignment of goods, if the goods in question are found, upon examination, to be in proper condition for further storage at the end of 12 months. The length of time for which further storage is allowed shall be specified in the order granting the permission. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112475. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
Operators or owners of frozen food locker plants must provide a department agent, on request, the names and addresses of people or entities renting, leasing, or occupying lockers or compartments.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112475. For the purpose of determining whether or not food locker plants come under the provisions of this chapter, the operators or owners of all such frozen food locker plants shall make available, upon request to any agent of the department, the names and addresses of any and all persons, firms, or corporations renting, leasing, or occupying the lockers or compartments. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112480. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
It is unlawful to represent or advertise food from cold storage as fresh goods, unless the article otherwise permits it.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112480. Unless otherwise permitted by this article, it is unlawful to represent or advertise as fresh goods articles of food that have been placed in cold storage. This section shall not apply to vegetables, fruit or other foods sold as “fresh frozen” and so labeled, when stored at or below zero degrees Fahrenheit, or to eggs held in cold storage for 30 days or less. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112485. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
It is unlawful to return food to cold storage after it has been released and sold to consumers, except for transfers between cold storage or refrigerating warehouses that are not meant to evade this chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112485. It is unlawful to return to cold storage any article of food that has once been released from such storage and placed on the market for sale to consumers. However, nothing in this section prevents the transfer of goods from one cold storage or refrigerating warehouse to another, if the transfer is not made for the purpose of evading any provision of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112490. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )
The department may make regulations to enforce this chapter, including rules about cold-storage food sanitation, marks, tags, labels, and signs.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. General Regulations [112435 - 112490] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112490. The department may make regulations to secure the proper enforcement of this chapter, including regulations with respect to the sanitary preparation of articles of food for cold storage, the use of marks, tags, or labels, and the display of signs. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112495. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Violations [112495- 112495.] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )
A person who violates this chapter or rules made under it can be punished with a fine, jail time, or both.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 6. Cold Storage [112350 - 112495] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Violations [112495- 112495.] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112495. Any person violating any of the provisions of this chapter, or any rule or regulation issued pursuant to this chapter, shall upon conviction be punished for the first offense by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not more than 90 days, or by both. The punishment for a second offense is the same, except that the maximum fine is two thousand dollars ($2,000). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11250. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. )
Pharmacists may sell certain controlled substances at retail in pharmacies without a prescription to listed professionals, and any written order required by federal law must still be executed.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. ) ## 11250. (a) No prescription is required in case of the sale of controlled substances at retail in pharmacies by pharmacists to any of the following: (1) Physicians. (2) Dentists. (3) Podiatrists. (4) Veterinarians. (5) Pharmacists acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or registered nurses acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistants acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107. (6) Optometrist. (b) In any sale mentioned in this article, there shall be executed any written order that may otherwise be required by federal law relating to the production, importation, exportation, manufacture, compounding, distributing, dispensing, or control of controlled substances. (Amended by Stats. 2003, Ch. 426, Sec. 4. Effective January 1, 2004.) - 112500. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
This section defines key terms used in the frozen foods chapter, including food, locker, frozen food locker plant, operator, processor, and related terms.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112500. When used in this chapter, unless the context otherwise requires: (a) “Food” means any article used by man for food, drink, confectionery or condiment, or which enters into the composition thereof, whether simple, blended, mixed or compounded. (b) “Locker” means the individual sections or compartments of a capacity of not to exceed 25 cubic feet in the locker room of a frozen food locker plant. (c) “Frozen food locker plant” means an establishment in which space in the individual lockers is rented, leased, or loaned to individuals, firms, or corporations, for the storage of food for their own use and which is artificially cooled for the purpose of preserving the food. The term includes service locker plant, storage locker plant, and branch locker plant. (d) “Service locker plant” means a frozen food locker plant in which patrons’ foods are prepared or packaged by the operator of the plant before the foods are placed in the lockers for storage. (e) “Storage locker plant” means a frozen food locker plant, the operator of which does not prepare or package the foods of patrons. (f) “Branch locker plant” means a frozen food locker plant in any location or establishment artificially cooled in which space in individual lockers is rented, leased, or loaned to individuals, firms, or corporations for the storage of food for their own use after preparation for storage in a central or parent plant. (g) “Frozen” means food frozen in a room or compartment in which the temperature is plus 5 degrees Fahrenheit or lower. (h) “Temperature” means the average air temperature in refrigerated rooms. (i) “Department” means the State Department of Health Services. (j) “Operator” means any person, firm or corporation operating or maintaining a frozen food locker plant. (k) “Processor” means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for frozen storage by the ultimate consumer. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112505. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
You may not operate a frozen food locker plant in this state unless you have applied for and obtained a license for each place of business.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112505. No person hereafter shall engage within this State in the business of operating any frozen food locker plant without having applied for and obtained from the director of the department a license for each such place of business. Applications for the license shall be made in writing to the director of the department, on the forms and with the pertinent information as he or she may deem necessary. These licenses shall be granted promptly as a matter of right unless conditions exist that are grounds for denial of a license, as hereinafter set forth. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11251. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. )
Wholesale sales by pharmacies, jobbers, wholesalers, and manufacturers do not require a prescription when made to the listed recipients.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. ) ## 11251. No prescription is required in case of sales at wholesale by pharmacies, jobbers, wholesalers, and manufacturers to any of the following: (a) Pharmacies as defined in the Business and Professions Code. (b) Physicians. (c) Dentists. (d) Podiatrists. (e) Veterinarians. (f) Other jobbers, wholesalers or manufacturers. (g) Pharmacists acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or registered nurses acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistants acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107. (h) Optometrists. (Amended by Stats. 2003, Ch. 426, Sec. 5. Effective January 1, 2004.) - 112510. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A frozen food locker plant must pay an annual license fee of $25.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112510. The annual license fee for a frozen food locker plant shall be twenty-five dollars ($25). Such fees shall be paid into the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112515. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
The department must promptly inspect a plant and issue a license when an application and fee are received, if the plant complies with this chapter and related regulations.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112515. Upon receipt of the application for a license accompanied by the required fee, the department shall promptly inspect the plant to be licensed and shall issue a license; provided, the plant, its equipment, facilities and its surrounding premises, and its operations comply with this chapter and regulations pertaining to this chapter. The department shall inspect all frozen food locker plants licensed under this chapter, whenever the department considers the inspection necessary. The department and its representatives shall have access to the plants at all reasonable times for the purpose of making inspections. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11252. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. )
Wholesale jobbers, wholesalers, and manufacturers covered by this division must keep certain federally required written orders or blank forms readily accessible.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. ) ## 11252. All wholesale jobbers, wholesalers, and manufacturers, mentioned in this division shall keep, in a manner readily accessible, the written orders or blank forms required to be preserved pursuant to federal law relating to the production, importation, exportation, manufacture, compounding, distributing, dispensing, or control of controlled substances. (Added by Stats. 1972, Ch. 1407.) - 112520. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Licenses must be issued in a department-prescribed form, renewed every year, kept nontransferable, and publicly displayed by the licensee in the locker plant.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112520. The license issued hereunder shall be in a form as the department shall prescribe and shall be under the seal of the department and shall set forth the name of the licensee, the location for which the license is issued, the period of the license and other information as the department may determine. Licenses shall be for a term of one calendar year and shall be renewed annually. The license is nontransferable. The original license or a certified copy thereof shall be conspicuously displayed by the licensee in the locker plant for which the license is issued. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112525. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Frozen food locker plants must be built and finished so floors, walls, ceilings, and lockers can be kept clean and sanitary, and lockers must protect contents from contamination, deterioration, or injury.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112525. The floors, walls and ceilings of frozen food locker plants shall be of a construction and finish that they can be conveniently maintained in a clean and sanitary condition. The lockers in any plant shall be so constructed as to protect the contents from contamination, deterioration or injury. Lockers with perforated bottoms shall be provided with a suitable unperforated liner or tray. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11253. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. )
Written orders or blank forms must be preserved for at least three years after the date of the last entry.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. ) ## 11253. The written orders or blank forms shall be preserved for at least three years after the date of the last entry made. (Amended by Stats. 1976, Ch. 896.) - 112530. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A frozen food locker plant that uses a toxic gas refrigerant must keep at least one department-approved gas mask readily accessible.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112530. Any frozen food locker plant using a toxic gas refrigerant shall have at least one gas mask of a type approved by the department and shall keep the same where it will be readily accessible. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112535. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A frozen food locker plant must keep rooms, equipment, lockers, premises, and stored food clean, sanitary, and protected from contamination.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112535. All rooms of a frozen food locker plant shall at all times be maintained in a clean and sanitary condition. All equipment and utensils shall be cleaned when put into use and shall be thoroughly cleaned after each day’s use and shall be so stored or protected as not to become contaminated. Lockers shall be thoroughly cleaned before they are leased or put into the possession of any patron. The premises and surroundings of the plants shall be maintained in a clean and sanitary condition. The food stored shall be protected from filth, flies, dust, dirt, insects, vermin and any other contamination and from any unclean or filthy practice in the handling thereof or caring therefor. No food shall be stored in a condition or in a manner as to cause injury to or deterioration of articles of food in adjacent lockers. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112540. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Frozen food locker plants must keep water safe and provide sanitary toilet facilities and room access rules.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112540. Frozen food locker plants shall have an ample water supply readily available and the water that comes in contact with any food product or the equipment shall be uncontaminated. Such plants shall be provided with adequate toilet facilities so located as to be readily accessible to employees and equipped with adequate washing fixtures or have such fixtures or facilities convenient thereto and shall be supplied with running water, single soap and single towel service. The doors of all toilet rooms shall be full length and self-closing and no toilet room shall open directly into any room in which foods are prepared, processed, chilled, frozen or stored. Toilet facilities and rooms shall be kept in a clean and sanitary condition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112545. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
The director must publish reasonable regulations for enforcing this chapter and for maintaining adequate cleanliness and sanitation to protect public health.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112545. The director shall publish and declare reasonable regulations as are consistent with the enforcement of the provisions of this chapter providing for adequate cleanliness and sanitation to protect public health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11255. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. )
A traveling representative or employee who takes an order or makes a contract for future delivery in this state of a controlled substance is treated as making a sale.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. ) ## 11255. The taking of any order, or making of any contract or agreement, by any traveling representative or employee of any person for future delivery in this state, of any controlled substance constitutes a sale within the meaning of this division. (Added by Stats. 1972, Ch. 1407.) - 112550. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A frozen food locker plant’s refrigeration system must have reliable controls and enough capacity to keep room temperatures within the required limits.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112550. The refrigeration system for a frozen food locker plant shall be equipped with reliable controls for the maintenance of uniform temperatures as required in the various refrigerated rooms and shall be of adequate capacity to provide under extreme conditions of outside temperature and activity of the plant, the following temperatures in the several rooms, respectively: (a) In pre-cool, chill, or aging rooms, temperatures shall be commensurate with good commercial practice. (b) In locker rooms, temperature shall not exceed plus five (5) degrees Fahrenheit, with customary commercial variations. The foregoing temperatures shall not be construed as prohibiting variations therefrom as may occur during short periods of time incidental to operating conditions beyond the control of the operator. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112555. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A processor must quick-freeze meat or meat products before delivery to the consumer, using the specified freezing-room conditions.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112555. Any processor, prior to delivery to the consumer, shall quick-freeze all meat or meat products in a blast-type freezing room at zero degrees Fahrenheit with one side of the package exposed to circulated air, or in a still-air-type freezing room at a minimum of minus 10 degrees Fahrenheit with one surface side of each package in direct contact with coils of a freezing plate. This section shall not apply to the sale of retail cuts of meat sold over the counter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 11256. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. )
A purchaser must send the Attorney General a true and correct copy of certain controlled-substance orders or agreements within 24 hours.
## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 5. Use of Controlled Substances [11210 - 11306] ( Chapter 5 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Sale Without Prescription [11250 - 11256] ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. ) ## 11256. Within 24 hours after any purchaser in this state gives any order for a controlled substance classified in Schedule II to, or makes any contract or agreement for purchases from or sales by, an out-of-state wholesaler or manufacturer of any controlled substances for delivery in this state, the purchaser shall forward to the Attorney General by registered mail a true and correct copy of the order, contract, or agreement. (Added by Stats. 1972, Ch. 1407.) - 112560. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Thermometers must be provided in low-temperature rooms and placed where they reflect the true storage temperature of the food.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112560. Thermometers in good order shall be provided in all rooms held under low temperature at locations therein that will reflect true storage temperatures of foods in the rooms. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112565. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A frozen food locker plant cannot be licensed unless it provides specified facilities, with a narrower locker-room-only requirement for storage locker plants and branch locker plants.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112565. No frozen food locker plant shall be licensed under this chapter unless the following facilities are provided: Sufficient chill or aging room space, freezing facilities, locker room, and facilities for cutting, preparing, wrapping and packaging meats and meat products, except that storage locker plants and branch locker plants need install only locker room facilities as specified in Section 112550. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112570. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A branch plant may operate only with a parent locker plant, and the parent locker plant must have processing facilities large enough for the locker plant and all branch plants.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112570. A branch plant may be operated only in conjunction with a parent locker plant that shall have processing facilities sufficiently large for the locker plant and all branch plants. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112575. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Patrons storing fish and game must follow federal and state fish and game laws, and the department must furnish and conspicuously display pertinent abstracts of those regulations in the locker plant.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112575. Storage of fish and game by patrons shall comply with federal and state fish and game laws. All pertinent abstracts of state and federal fish and game regulations shall be furnished by the department and shall be conspicuously displayed in the locker plant. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112580. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Operators of frozen food locker plants must keep records listing locker renters’ names and addresses, and those records must be available for examination during business hours.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112580. Every operator of a frozen food locker plant, shall keep a record showing names and addresses of renters of lockers and the records shall be available for examination by the Director of Food and Agriculture or his or her representatives, or the department or its representatives, during business hours of the plants. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112585. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Frozen food locker plants may store only food for human consumption or clean, sanitary byproducts for food, and each wrapped and frozen package must be labeled with the product and processor.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112585. Only food for human consumption, or clean, sanitary byproducts therefrom to be used for food, shall be stored in the frozen food locker plant. Each package of food wrapped and frozen for storage shall be labeled designating the product and identifying the processor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112590. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
The owner or operator of a frozen food locker plant has a lien on property in the plant for unpaid charges, and may enforce it like a warehouseman’s lien.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112590. The person owning or operating a frozen food locker plant shall have a lien upon all property therein for all charges due from the owner of the property. The lien may be secured and enforced in the same manner as warehousemen’s liens are secured and enforced. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112595. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Frozen food locker plants operating solely as such are not to be treated as warehousemen or public utilities, and the receipts they issue are not to be treated as warehouse receipts.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112595. Operators of frozen food locker plants operating solely as such shall not be construed to be warehousemen or public utilities, nor shall receipts or other instruments issued by those persons in the ordinary conduct of their locker business be construed to be warehouse receipts or subject to the laws applicable thereto. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112600. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
Cold storage or refrigerating warehouses that are subject to Chapter 6 are exempt from this chapter’s licensing requirements.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112600. Cold storage or refrigerating warehouses subject to Chapter 6 (commencing with Section 112350) shall be exempt from the licensing provisions of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112605. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
The chapter’s licensing provisions do not apply to certain retail premises that do not rent, lease, loan, or otherwise furnish individual frozen food lockers.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112605. The licensing provisions of this chapter shall not apply to retail premises in which individual frozen food lockers are not rented, leased, loaned, or otherwise furnished to individuals, firms or corporations, or processors. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112610. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
The department may revoke a frozen food locker plant license after notice and hearing if the plant fails to comply with this chapter.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112610. The department, after notice and hearing, may revoke the license issued for any frozen food locker plant for failure to comply with the provisions of this chapter. The proceedings under this section shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted therein. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112615. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
If the director suspends or revokes a license, the licensee may seek judicial review by filing a petition for a writ of mandate in superior court within 30 days after written notice is served.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112615. In the event the director suspends or revokes any license, the licensee may obtain judicial review of the order by filing a petition for a writ of mandate in accordance with the Code of Civil Procedure in the superior court of the county in which the licensed premises are located within thirty (30) days from the date notice in writing of the director’s order revoking or suspending the license has been served upon said licensee. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112620. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
An owner or operator of lockers is liable for loss of goods only to the extent of negligence by the owner, operator, or their employee.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112620. The liability of the owner or operator of lockers for loss of goods in lockers or in the owner’s or operator’s care shall be limited to negligence of the owner or operator or his or her employee. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112625. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
If at least 25 licensed frozen food locker plant owners or operators sign a petition, the director must hold a public hearing within 10 days after receiving it.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112625. Upon the signed petition of at least 25 owners or operators of frozen food locker plants licensed under this chapter, the director shall within 10 days after receipt of said petition, cause to be held at places and at times as he or she may provide, a public hearing for the purpose of gathering facts and data for the revision, correction or amendment of any rule or regulation issued pertaining to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112630. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
This section names the chapter the “Frozen Food Locker Plant Act of 1951.”
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112630. This chapter shall be known as the “Frozen Food Locker Plant Act of 1951.” (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.) - 112635. Verify source ↗
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. )
A person who violates this chapter commits a misdemeanor and may be fined, jailed, or both.
## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Frozen Foods [112500 - 112635] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112635. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding six months, or by both the fine and imprisonment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
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