Health and Safety Code — Part 11 | HSC — United States — California law | Esheria

Health and Safety Code

Part 11 of 87 · provisions 2,001–2,200

This section says the act is to be known as the Health and Safety Code.

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About this statute

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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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 112685.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A Cannery Inspection Board is created with six members, and the director of the state department serves as chairperson.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112685. There is in the state government a Cannery Inspection Board consisting of the following six members: (a) The director of the state department, who shall act as chairperson. (b) One person appointed by the director who shall have had at the time of his or her appointment at least 10 years experience in or with canning technology and has a degree in chemistry, bacteriology, or medicine. (c) Four persons appointed by the director who are experienced, have substantial investments, and are actively engaged in the canning industry at the time of their appointment. One of the four appointive members shall be engaged in the canning of animal food. (Amended by Stats. 2004, Ch. 314, Sec. 1. Effective January 1, 2005.)
  2. 112690.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Each appointed member serves for one year, or until a successor is appointed.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112690. Each appointed member holds office for a term of one year or until his or her successor is appointed. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  3. 112695.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Board members serve without pay, and the board must meet at least quarterly.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112695. Members of the board serve without compensation. The board shall meet at least quarterly. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  4. 112700.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Cannery Inspection Board must estimate the cost of separate inspection and laboratory control for each food product in this chapter, but only with department approval.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112700. The Cannery Inspection Board shall, subject to the approval of the department, estimate the cost of the separate inspection and laboratory control required to be made for each food product subject to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  5. 112705.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    An estimate must be made before the canning season starts for products with seasons under three months, and before each quarter for products with seasons over three months.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112705. The estimate shall be made prior to the opening of the canning season for each product having a canning season of less than three consecutive months, and prior to each quarter for each product having a canning season of more than three consecutive months. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  6. 112710.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Cannery Inspection Board must estimate packing or labor figures for proration of inspection and laboratory control costs, and the department must approve that estimate.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112710. For the purpose of prorating the estimated cost of inspection and laboratory control, the Cannery Inspection Board, subject to the approval of the department, shall estimate the number of cases to be packed, the number of tons to be packed, or the number of man-hours necessary to be employed, whichever in its discretion is most equitable as a basis of proration. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  7. 112715.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Cannery Inspection Board must determine the probable cost of inspection and laboratory control, with department approval.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112715. Based on the estimates required by the last three sections, the Cannery Inspection Board, subject to the approval of the department, shall determine the probable cost of inspection and laboratory control per thousand cases, per ton, or per man-hour, whichever in its discretion is most equitable. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  8. 112720.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Cannery Inspection Board must prorate the cost of laboratory control and research on products covered by 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112720. The cost of laboratory control and research on products subject to this chapter shall be prorated by the Cannery Inspection Board in the same manner as the costs of inspection are prorated by it. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  9. 112725.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If the discretion to choose the proration basis is held invalid, the rest of the chapter stays valid and inspection and laboratory control costs must be prorated on a man-hour basis.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Cannery Inspection Board [112685 - 112725] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112725. If the delegation of discretion to determine whether the case, ton, or man-hour basis is most equitable as a basis of prorating the cost of inspection and laboratory control is held invalid as an unlawful delegation of legislative power, the invalidity shall not affect the validity of the remaining portions of this chapter. The Legislature hereby declares that if it had known that the delegation of the discretion would be declared invalid as an unlawful delegation of legislative power, it would have designated the man-hour basis of proration as the most equitable basis of proration. In the event of an invalidity, the cost of inspection and laboratory control shall be prorated on the man-hour basis. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  10. 112730.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state department must determine inspection and laboratory costs each quarter or canning season and prorate those costs to licensed persons.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112730. At the end of each quarter, or at the close of any canning season that does not exceed three consecutive months, the state department shall determine the actual cost of inspection and laboratory control of each separate food product for the preceding quarter or preceding canning season, and shall prorate the cost to each person licensed under this chapter on the basis of cases packed, tons packed, or number of man-hours necessary to be employed, whichever has been determined by the Cannery Inspection Board, with the approval of the state department, to be most equitable. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  11. 112735.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The state department may not spend more than the Cannery Inspection Board estimates for an inspection unless the Board approves 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112735. In making any separate inspection and laboratory control for any food product, the state department shall not spend more than the amount estimated by the Cannery Inspection Board as the cost of the inspection without the approval of the Cannery Inspection Board. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  12. 112740.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The Cannery Inspection Board and the state department may include a reasonable charge for standby services of inspectors as part of inspection costs.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112740. In making estimates, determinations, assessments, and prorations under this article and Article 2 (commencing with Section 112685), the Cannery Inspection Board and the state department may include as a part of the cost of inspection a reasonable charge for standby services of inspectors. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  13. 112745.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Licensed cannery operators may be assessed an estimated annual hourly rate, and the Cannery Inspection Board sets that rate with approval from the department and the State Director of Finance.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Proration of Costs [112730 - 112745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112745. In lieu of all other procedures in this article and Article 2 (commencing with Section 112685), each person licensed under this chapter may be assessed at an estimated annual hourly rate set by the Cannery Inspection Board with the approval of the department and of the State Director of Finance. The annual rate shall be set for each industry group based on the estimated cost. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  14. 112750.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person must not can salmon, fish, meat, or similar food products in the covered way unless they first get a license from the department.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112750. It is unlawful for any person to engage in the noncommercial canning of salmon, or in the commercial canning of any fish or fish product, meat or meat product, or any other food product for the use of man or animal, the sterilization of which in the opinion of the department requires the use of a pressure cooker or a retort, without first obtaining a license from the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  15. 112755.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must issue an annual, nontransferable cannery license when the applicant pays $50 per plant and provides required evidence.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112755. The department shall issue an annual license, that is nontransferable, to any person on the receipt of fifty dollars ($50) per plant, and evidence as the board may require to show that (1) the applicant is properly equipped with a retort or pressure cooker that has recording thermometers, indicating thermometers, and pressure gauges to carry out regulations as the department may adopt for the sterilization of food products for the canning of which a license is sought and (2) the applicant is in compliance with the sanitary regulations of the department. The applicant shall be deemed to be in compliance with the sanitary regulations unless the applicant has been given written notice by the department not less than 60 days prior to the expiration of the existing license that the cannery does not comply with the sanitary regulations, and the applicant has subsequently failed to bring the cannery into compliance therewith. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  16. 112760.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person denied the annual license can request a department hearing in writing, and the department must give at least 10 days’ notice and hold the hearing within 30 days after receiving the request.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112760. Any person who has been denied the annual license provided in this chapter may obtain a hearing by the department by mailing a written request therefor to the department. The department shall give the applicant at least 10 days notice of the hearing and shall hold such hearing within 30 days of the receipt of the request. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  17. 112765.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must demand a cash deposit from each licensee, in addition to the annual license fee.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112765. In addition to the annual license fee, the department shall demand from each licensee a cash deposit for the payment of his or her pro rata share of the estimated cost of inspection and laboratory control as the department may deem necessary. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  18. 112770.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If a licensee’s deposit is too low to cover inspection and laboratory control costs, the department must demand the shortfall and the licensee must pay it immediately, in addition to the license fee.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112770. If the deposit made by any licensee is insufficient to meet the actual cost of an inspection and laboratory control of any product determined by the department, the latter shall demand from the licensee, and the licensee shall immediately pay to the department, in addition to the license fee payable by the licensee, the difference between the deposit and his or her pro rata share of the actual cost of the inspection and laboratory control. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  19. 112775.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A licensee may get back any excess deposit at the end of the year or short canning season if the licensee requests it and the refund is allowed by law.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112775. If at the end of the calendar year, or at the end of any canning season of less than three consecutive months the deposit made by any licensee under this chapter is greater than the actual cost prorated to the licensee, the difference shall be refunded if requested by the licensee in accordance with law. If the difference is not so refunded, it shall be credited toward the required deposit for the next calendar year or canning season. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  20. 112780.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A licensee who packed the food product may not ship it until the inspection cost share is paid or a cash deposit is provided to the department.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112780. No food product subject to the inspection required by this chapter shall be shipped by the licensee who packed it until the licensee has either paid his or her pro rata share of the estimated cost of inspection or has furnished the department a cash deposit for the payment of his or her pro rata share of the cost. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  21. 112785.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may suspend or revoke a cannery license after notice and a hearing for specified violations or unsafe practices.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112785. The department may after notice and opportunity for hearing suspend or revoke a license issued under this chapter for any of the following causes: (a) Nonpayment of the pro rata share of the cost of inspection and laboratory control, or failure to comply with a demand for a cash deposit or other security by the holder of the license. (b) Noncompliance with any of the regulations of the department. (c) Operation of an insanitary cannery after due notice by registered mail has been received. (d) Inadequate ratproofing of a cannery throughout. (e) Willful packing of any canned food commodity that has been rejected by an agent of the department. (f) Packing of any canned food commodity subject to this chapter without notifying the department before packing. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  22. 112790.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    After a conviction for a Part 5 violation, the person’s license may be suspended for 1 to 30 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112790. After conviction for a violation of Part 5 (commencing with Section 109875), the license of the person convicted may be suspended for a period of from 1 to 30 days. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  23. 112795.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    License suspension and revocation proceedings must follow the Government Code procedure, and the department has the powers given there.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Licenses and Licensees [112750 - 112795] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112795. Proceedings for the suspension and revocation of licenses shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code; and the department has all the powers granted therein. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  24. 112800.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not let someone operate a steam-controlled retort for commercial canning unless that operator first gets a permit from the department.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112800. No person shall permit another to operate a steam-controlled retort used in the commercial canning industry for the sterilization of food products, unless the latter first obtains a permit from the department. The department may pass upon and determine the qualifications of the applicant with a view to the preservation of the public health. Any permit granted is revocable by the department whenever in its judgment the public health requires such action. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  25. 112805.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not put an inspection statement on labels for certain canned-food containers unless the department has approved the statement in writing.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112805. It is unlawful for any person to place upon the label of any bottle, can, jar, carton, case, box, barrel, or any other receptacle, vessel, or container of whatever material or nature that may be used by a packer, manufacturer, producer, jobber, or dealer for enclosing any canned food product, fish or fish product, or meat or meat product, any statement relative to the product having been inspected, unless the statement has been approved in writing by the department. Approval of a statement is revocable at any time by the department upon written notice. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  26. 112810.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may quarantine food products packed in violation of this chapter until a lab examination shows they meet the chapter’s 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112810. Any food product packed in violation of this chapter may be quarantined by the department until a laboratory examination has established that the product meets the requirements of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  27. 112815.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who packs a quarantined food product must pay the department the reasonable costs of a necessary laboratory examination.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112815. Any person who packs any food product that has been quarantined by the department shall pay the department all reasonable costs of any laboratory examination, determined by the Cannery Inspection Board, subject to the approval of the department, to be necessary to ascertain that the seized product was packed in violation of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  28. 112820.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Division of Cannery Inspections supervises the inspection and examination of raw fish and fish products before canning.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. General Provisions [112800 - 112820] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112820. The Division of Cannery Inspections has supervision over the inspection and examination of raw fish and fish products preparatory to canning. The cost of the inspection and examination shall be determined and paid in the manner provided in Article 2 (commencing with Section 112685). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  29. 112825.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may make regulations needed to enforce this chapter, and those regulations have the force of law.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112825. The department may make regulations as it deems necessary for the proper enforcement of this chapter, and the regulations shall have the force and effect of law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  30. 112830.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A rule, regulation, or amendment cannot be adopted unless the department submits it to the Cannery Inspection Board at least five days before adoption.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112830. No rule or regulation or amendment thereto shall be adopted unless submitted by the department to the Cannery Inspection Board at least five days prior to the date of adoption. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  31. 112835.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The state board must enforce its regulations and related canning provisions, and it must try to inform each affected licensee and give a copy of the regulations on request.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112835. The state board shall enforce its regulations and the provisions of Part 5 (commencing with Section 109875), relating to the canning of food products, through the Chief of the Bureau of Cannery Inspections and other employees as it deems necessary. The state board shall, so far as practicable, acquaint each licensee subject to this chapter with its regulations, and upon request therefor by any licensee shall furnish a copy of the regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  32. 112840.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The county district attorney must prosecute a person accused of violating this chapter when the violation occurs in that county.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Rules and Enforcement [112825 - 112840] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112840. The district attorney of the county in which any violation of this chapter occurs shall prosecute the person accused of the violation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  33. 112845.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Funds [112845 - 112850] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Cannery Inspection Fund is created as a special fund in the State Treasury. Money received by the department under this chapter must be deposited into that fund and spent by the department, with legislative appropriation, to carry out and 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 6. WHOLESALE FOOD [111940 - 113360] ( Part 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Funds [112845 - 112850] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112845. The Cannery Inspection Fund is hereby established as a special fund in the State Treasury. All money received by the department under this chapter shall be deposited in the fund and expended by the department, upon appropriation by the Legislature, for the purpose of carrying out and implementing this chapter. (Amended by Stats. 2004, Ch. 314, Sec. 2. Effective January 1, 2005.)
  34. 112850.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Funds [112845 - 112850] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department and the Department of Finance may authorize certain cash deposits into the Special Deposit Fund, and the Controller must order a transfer to the Cannery Inspection Fund when the department determines part of a deposit is owed to the state.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. Funds [112845 - 112850] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112850. Notwithstanding Section 112845, the department and the Department of Finance may authorize the deposit in the Special Deposit Fund of cash deposits received by the department under Section 112765; and in that event, upon the determination by the department that all or a part of any deposit is due the state for payment on account of the depositor’s pro rata share of costs incurred by the state under this chapter, the amount so determined shall, on order of the Controller, be transferred from the Special Deposit Fund to the Cannery Inspection Fund. All money deposited in the Special Deposit Fund under this section shall be subject to Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (Amended by Stats. 2004, Ch. 314, Sec. 3. Effective January 1, 2005.)
  35. 112855.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Violations [112855- 112855.] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who operates a cannery without the required license, continues after suspension or revocation, or otherwise violates the chapter commits a misdemeanor and may be fined or jailed.

    ## 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 8. Canneries [112650 - 112855] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 8. Violations [112855- 112855.] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 112855. Any person who does not obtain a license required of him or her by this chapter, or who engages in canning operations after his or her license has been suspended or revoked, or who otherwise violates this chapter, is guilty of a misdemeanor, and upon conviction is punishable 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 not exceeding six months. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  36. 112875.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. )

    Verify source ↗

    This section defines “olive oil” 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. ) ## 112875. “Olive oil,” as used in this chapter means the edible oil obtained solely from the fruit of the olive tree (Olea europea L.) to the exclusion of oils obtained using solvents or reesterification processes and of any mixture with oils of other kinds except in the making of flavored olive oil, as defined in Section 112878. (Amended by Stats. 2011, Ch. 567, Sec. 1. (SB 818) Effective January 1, 2012.)
  37. 112876.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. )

    Verify source ↗

    This section ranks olive oil grades from highest to lowest and lists the recognized olive oil categories.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. ) ## 112876. The hierarchy for virgin olive oil grades shall be, from highest to lowest, extra-virgin olive oil, virgin olive oil, and virgin olive oil not fit for human consumption, sometimes known as lampante virgin olive oil, which shall be the lowest level of quality among the virgin olive oils. In terms of hierarchy, olive oil and refined olive oil shall fall below the virgin olive oil category. Olive oil grades shall be in the following categories: (a) Virgin olive oils. (1) Extra virgin olive oil. (2) Virgin olive oil. (3) Virgin olive oil not fit for human consumption without further processing, sometimes known as lampante virgin olive oil. (b) Olive oil. (c) Refined olive oil. (Amended by Stats. 2011, Ch. 567, Sec. 2. (SB 818) Effective January 1, 2012.)
  38. 112876.5.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. )

    Verify source ↗

    This section sets the order of olive-pomace oil grades from highest to lowest and lists the three categories.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. ) ## 112876.5. The hierarchy for olive-pomace oil grades shall be, from highest to lowest, olive-pomace oil, refined olive-pomace oil, and crude olive-pomace oil, which is the lowest level of quality among the olive-pomace oils. Olive-pomace oil grades shall be in the following categories: (a) Olive-pomace oil. (b) Refined olive-pomace oil. (c) Crude olive-pomace oil. (Added by Stats. 2011, Ch. 567, Sec. 3. (SB 818) Effective January 1, 2012.)
  39. 112877.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. )

    Verify source ↗

    This section defines several grades of olive oil and sets composition and quality thresholds for each grade.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. ) ## 112877. Olive oil grades are defined as follows: (a) “Virgin olive oils” are the oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions, including thermal conditions, that do not lead to alterations in the oil, and that have not undergone any treatment other than washing, decanting, centrifuging, and filtration. Virgin olive oils without further processing include: (1) “Extra virgin olive oil” is virgin olive oil that has excellent flavor and odor expressed as a median of defects equal to zero and a median of fruitiness greater than zero, has a free fatty acid content, expressed as oleic acid, of not more than 0.8 grams per 100 grams oil, has a peroxide value of not more than 20 milliequivalent peroxide oxygen per kilogram oil and meets the additional requirements for “United States Extra Virgin Olive Oil” outlined in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. (2) “Virgin olive oil” is virgin olive oil that has reasonably good flavor and odor expressed as a median of defects between zero and 2.5 and a median of fruitiness greater than zero, has a free fatty acid content, expressed as oleic acid, of not more than 2 grams per 100 grams oil, has a peroxide value of not more than 20 milliequivalent peroxide oxygen per kilogram oil, and meets the additional requirements for “United States Virgin Olive Oil” outlined in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. (3) “Virgin olive oil not fit for human consumption without further processing,” sometimes known as “lampante virgin olive oil,” is virgin olive oil which has poor flavor and odor expressed as a median of defects between 2.5 and 6.0 or when the median of defects is less than or equal to 2.5 and the median of fruitiness is zero, has a free fatty acid content, expressed as oleic acid, of more than 2 grams per 100 grams, and meets the additional requirements of the “United States Virgin Olive Oil Not Fit For Human Consumption Without Further Processing” as outlined in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. This grade of olive oil is intended for refining or for purposes other than food use. (b) “Olive oil” is the oil consisting of a blend of refined olive oil and virgin olive oils fit for consumption without further processing. It has a free fatty acid content, expressed as oleic acid, of not more than 1 gram per 100 grams oil and meets the additional requirements for “United States Olive Oil” described in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. (c) “Refined olive oil” is the olive oil obtained from virgin olive oils by refining methods that do not lead to alterations in the initial glyceridic structure (basic glycerin-fatty acid content). It has a free fatty acid content, expressed as oleic acid, of not more than 0.3 grams per 100 grams oil, and meets the additional requirements for “United States Refined Olive Oil” described in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. (d) “Olive-pomace oil” is oil obtained by treating olive pomace, which is the product that remains after the mechanical extraction of olive oil, with solvents or other physical treatments, to the exclusion of oils obtained by synthetic processes and a mixture with oils of other kinds. Olive-pomace oils shall be labeled and marketed with the following designations and definitions: (1) “Olive-pomace oil” is the oil comprising the blend of refined olive-pomace oil and virgin olive oils fit for consumption without further processing. It has a free fatty acid content, expressed as oleic acid, of not more than 1 gram per 100 grams oil, and meets the additional requirements for “United States Olive-Pomace Oil” outlined in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. (2) “Refined olive-pomace oil” is the oil obtained from crude olive-pomace oil by refining methods that do not lead to alterations in the initial glyceridic structure. It has a free fatty acid content, expressed as oleic acid, of not more than 0.3 grams per 100 grams oil, and meets the additional requirements for “United States Refined Olive-Pomace Oil” outlined in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil Published in the Federal Register that are in effect on October 25, 2010. (3) “Crude olive-pomace oil” is olive-pomace oil that is intended for refining for use for human consumption or that is intended for technical use and that meets the requirements for “United States Crude Olive-Pomace Oil” outlined in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. (Amended (as amended by Stats. 2009, Ch. 140, Sec. 121) by Stats. 2011, Ch. 567, Sec. 5. (SB 818) Effective January 1, 2012.)
  40. 112878.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. )

    Verify source ↗

    This section defines “flavored olive oil” for 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. ) ## 112878. “Flavored olive oil,” as used in this chapter, means extra virgin olive oil, virgin olive oil, or olive oil, that is mixed with a flavoring, or olives that are processed into oil with any fruit, vegetable, herb, nut, seed, or spice and the product resulting from either process contains not less than 90 percent extra virgin olive oil, virgin olive oil, or olive oil, and is labeled for sale as an olive oil that has been flavored. (Added by Stats. 2008, Ch. 694, Sec. 2. Effective January 1, 2009.)
  41. 112879.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. )

    Verify source ↗

    “Imitation olive oil” means a mixture of edible oil that is artificially colored or flavored to look like olive oil.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. ) ## 112879. “Imitation olive oil,” as used in this chapter, means the mixture of any edible oil artificially colored or flavored to resemble olive oil. (Added by Stats. 2008, Ch. 694, Sec. 2. Effective January 1, 2009.)
  42. 112880.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. )

    Verify source ↗

    This section defines three olive oil testing terms used in 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Olive Oil Grades [112875 - 112880] ( Article 1 added by Stats. 2008, Ch. 694, Sec. 2. ) ## 112880. For purposes this chapter, the following definitions shall apply: (a) “Median of defects” means a calculation of the median score from a panel of tasters that characterizes the negative flavor and odor attributes of virgin olive oil, such as, but not limited to, musty, fusty, winey-vinegary, muddy-sediment, and rancid. (b) “Median of fruitiness” means a calculation of the median score from a panel of tasters that characterizes virgin olive oil produced from olives, such as, but not limited to, olive, apple, green, sweet, grass, nutty, and tomato. (c) “Panel of tasters” means the method of analyzing organoleptic characteristics of virgin olive oil, as defined in the United States Standards for Grades of Olive Oil and Olive-Pomace Oil published in the Federal Register that are in effect on October 25, 2010. (Added by Stats. 2011, Ch. 567, Sec. 6. (SB 818) Effective January 1, 2012.)
  43. 112891.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

    Verify source ↗

    Olive oil and olive-pomace oil labeled for sale must be consistent 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112891. Any olive oil and olive-pomace oil labeled for sale shall be consistent with this chapter. (Amended by Stats. 2011, Ch. 567, Sec. 7. (SB 818) Effective January 1, 2012.)
  44. 112893.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

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    Alpha-tocopherol may be added to certain olive oils, but the final product must not exceed 200 mg/kg.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112893. Alpha-tocopherol may be added to refined olive oil, olive oil, refined olive-pomace oil, and olive-pomace oil to restore natural tocopherol lost in the refining process. The concentration of alpha-tocopherol in the final product shall not exceed 200 milligrams per kilogram. (Added by Stats. 2008, Ch. 694, Sec. 9. Effective January 1, 2009.)
  45. 112894.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

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    Virgin olive oil that is not fit for human consumption must be refined before it is consumed.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112894. Virgin olive oil not fit for human consumption, sometimes known as lampante virgin olive oil, shall be refined before consumption. (Added by Stats. 2011, Ch. 567, Sec. 8. (SB 818) Effective January 1, 2012.)
  46. 112895.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

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    California rules prohibit imitation olive oil and require specific origin and percentage labeling for olive oil sold in the state.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112895. (a) It is unlawful to manufacture, sell, offer for sale, give away, or to possess imitation olive oil in California. (b) This section does not prohibit the blending of olive oil with other edible oils, if the blend is not labeled as olive oil or imitation olive oil, is clearly labeled as a blended vegetable oil, and if the contents and proportions of the blend are prominently displayed on the container’s label, or if the oil is a flavored olive oil. (c) If any olive oil is produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label “California Olive Oil,” or uses words of similar import that indicate that California is the source of the oil, 100 percent of that oil shall be derived from olives grown in California. (d) Any container of olive oil produced, processed, sold, offered for sale, given away, or possessed in California which contains olive oil produced from olives grown in locations other than California, in whole or in part, and includes “California” in any form on the principal display panel shall state on the same panel the minimum percentage of olive oil in the container produced from olives grown in California in a font size that is no less than the largest font used to print “California” on the same panel. The percentage shall be declared by the words, “___percent (or ____%) California” or “____ percent (or ____%) California olive oil.” This subdivision shall not apply to a container of olive oil produced on or before December 31, 2021. (e) Any olive oil produced, processed, sold, offered for sale, given away, or possessed in California with a principal display panel that uses “California” or any reference to it shall comply with the quality and purity standards set forth in the “Grade and Labeling Standards for Olive Oil, Refined-Olive Oil, and Olive-Pomace Oil” published by the Department of Food and Agriculture. (f) Olive oil produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label that it is from a specific region of California shall be made of oil at least 85 percent of which, by weight, is derived from olives grown in the specified region. (g) This section does not prohibit an olive oil producer or processor from using a truthful, nonmisleading statement or representation regarding the geographic origin of the olives used in the production of the olive oil in any label, packaging material, or advertising if the label, packaging material, or advertising contains no representation that is prohibited by this section. (h) Olive oil produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label that it is from a specific estate in California shall be made of oil at least 95 percent of which, by weight, is derived from olives grown on the specified estate. (i) Olive-pomace oil shall not be labeled as olive oil. (Amended by Stats. 2021, Ch. 466, Sec. 1. (AB 535) Effective January 1, 2022.)
  47. 112905.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

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    It is unlawful to prepare, express, mix, or blend olive pomace or meats with any bland fixed oil other than olive oil.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112905. It is unlawful to prepare, express, mix, or blend olive pomace or meats with any bland fixed oil other than olive oil. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  48. 112910.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

    Verify source ↗

    People operating under this chapter must let department agents inspect records about olive oil production, purchase, sale, and distribution on demand.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112910. All records of those operating under the provisions of this chapter that concern the amounts of olive oil produced, purchased, or produced and purchased, or the sale, distribution, or sale and distribution of any olive oil, shall be open to inspection upon demand of any agent of the department. (Amended by Stats. 2008, Ch. 694, Sec. 12. Effective January 1, 2009.)
  49. 112915.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

    Verify source ↗

    It is unlawful to reuse olive oil containers, cans, or drums to repack fixed oil for food use, except in the 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112915. It is unlawful to reuse any olive oil container, can, or drum for repacking any fixed oil intended to be used for food purposes, except on the premises of the processor or when a consumer fills a clean container from a sanitary olive oil dispenser at a retail outlet. (Amended by Stats. 2008, Ch. 694, Sec. 13. Effective January 1, 2009.)
  50. 112920.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

    Verify source ↗

    Olive oil used for technical purposes must be denatured with an odoriferous substance so it cannot be used as 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112920. All olive oil for technical purposes shall be denatured with an odoriferous substance so as to render it unfit for food purposes. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  51. 112925.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

    Verify source ↗

    It is unlawful to sell or offer for sale olive oil with more than 5% free fatty acid unless the oil has first been denatured and made 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112925. It is unlawful to sell or offer for sale olive oil containing more than 5 percent free fatty acid without first denaturing the oil and making it unfit for human consumption. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  52. 112930.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

    Verify source ↗

    The department must 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112930. The department shall enforce this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  53. 112935.

    ## 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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. )

    Verify source ↗

    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 9. Olive Oil [112875 - 112935] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Olive Oil Manufacture and Marketing [112891 - 112935] ( Article 2 heading added by Stats. 2008, Ch. 694, Sec. 6. ) ## 112935. Any person violating 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 five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not exceeding one year, or by both fine and imprisonment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  54. 11300.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the article on controlled substance checking services.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. ) ## 11300. For the purposes of this article, the following terms shall have the following meanings: (a) “Controlled substance analog” has the same meaning as described in Section 11041. (b) “Controlled substance checking” means the process of identifying, analyzing, or testing a substance, controlled or otherwise, or residue on drug paraphernalia or controlled substance packaging, to determine its chemical composition to assist in determining whether the substance contains contaminants, toxic substances, hazardous compounds, or other adulterants within a substance. (c) “Controlled substance checking equipment” means equipment, products, technologies, or materials used, designed for use, or intended for use to perform chemical analysis of controlled substances or controlled substance analogs, including materials and items used by the person operating the equipment or products to store, measure, or process samples for analysis. Controlled substance checking equipment includes, but is not limited to, fentanyl test strips, other controlled substance or controlled substance analog immunoassay strips, colorimetric reagents, spectrometers such as Fourier transform infrared and Raman spectrometers, and equipment that uses high-performance liquid chromatography, gas chromatography, mass spectrometry, or nuclear magnetic resonance techniques. (d) “Controlled substance checking service provider” means an eligible entity that provides the service of controlled substance checking. For purposes of this section, the following entities are eligible entities: (1) An entity that provides syringe exchange services as defined in Section 121349. (2) A research institution, college, or university. (3) A community-based organization or nonprofit organization working in collaboration with public health departments, entities that provide syringe exchange services, or research institutions, colleges, and universities to reduce the potential harms associated with the use of controlled substances. (e) “Controlled substance packaging” means the materials or items used by persons selling, buying, or ingesting controlled substances or controlled substance analogs to store, contain, cover, or transport small amounts of one or more controlled substances or controlled substance analogs. (f) “Harm reduction” has the same meaning as described in subdivision (a) of Section 1954.08 of the Civil Code. (g) “Person” means an individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal, commercial, or informal entity or group. (Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)
  55. 11301.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. )

    Verify source ↗

    A controlled substance checking service provider is not violating this division when carrying out specified checking-service activities for that purpose.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. ) ## 11301. Notwithstanding any other law, it is not a violation of this division for a controlled substance checking service provider to do any of the following solely for the purpose of providing controlled substance checking services: (a) Receive voluntarily provided samples of substances potentially containing controlled substances or controlled substance analogs. (b) Possess, transport, transfer, or store a sample of a controlled substance or a controlled substance analog solely for the purpose of analyzing the substance to determine its chemical composition. (c) Use available technologies to analyze the contents of samples to obtain timely and accurate information regarding the composition of controlled substances or controlled substance analogs. (d) Provide results of analysis obtained from controlled substance checking equipment to the person requesting controlled substance checking services. (e) Provide information and harm reduction services and advice to help individuals make informed decisions about use of controlled substances and controlled substance analogs. (f) Disseminate data containing only the results of analysis and containing no personally identifiable information to community members at risk of overdose. (g) If necessary, arrange for a sample of a substance to be tested by a laboratory for secondary verification, including transportation of samples. (h) Purchase, obtain, possess, provide, transport, distribute, use, or evaluate the use of controlled substance checking equipment. (i) Provide training and technical assistance concerning controlled substance checking equipment, the process of controlled substance checking, and the purpose of controlled substance checking. (j) Work in collaboration with a local health officer, the State Department of Public Health, or a research institution to conduct or engage in any activities authorized by this article. (Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)
  56. 11302.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. )

    Verify source ↗

    A controlled substance checking service provider may collect personally identifiable information only as needed to deliver checking results to the service user, and must destroy that information after the results are delivered if it was collected solely for that purpose.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. ) ## 11302. Notwithstanding Section 11306, in operating a controlled substance checking service, personally identifiable information may be collected from a service user providing a controlled substance or a controlled substance analog to a controlled substance checking service provider only as necessary to communicate controlled substance checking results to the service user. Personally identifiable information collected solely for the purposes of communicating controlled substance checking results shall be destroyed after delivery of results. (Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)
  57. 113025.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “processed pet food” and excludes fresh or frozen pet foods controlled by the Department of Food and Agriculture.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113025. “Processed pet food” means a food for pets that has been prepared by heating, drying, semidrying, canning, or by a method of treatment prescribed by regulation of the department. The term includes, special diet, health foods, supplements, treats and candy for pets, but does not include fresh or frozen pet foods subject to the control of the Department of Food and Agriculture of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  58. 11303.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. )

    Verify source ↗

    People involved in controlled substance checking services are exempt from listed arrests, prosecutions, penalties, liability, and related consequences when they act in good faith and follow established protocols.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. ) ## 11303. (a) A program, employee, contractor, volunteer, owner, or other person acting in the good faith provision of controlled substance checking services and acting in accordance with established protocols shall not be subject to any of the following: (1) Detention, arrest, or prosecution for a violation of this division, including for attempting to, aiding and abetting in, or conspiracy to commit a violation of this division. (2) Forfeiture of property. (3) Any civil or administrative penalty or liability of any kind, including disciplinary action by a professional licensing board, credentialing restrictions, contractual or civil liability, or employment action. (4) Denial of a right or privilege for actions, conduct, or omissions relating to the operation of a controlled substance checking service in compliance with this article and any rules adopted pursuant to this article. (b) The exemption provided in this section shall not apply to a party acting as a controlled substance checking service in a negligent manner or in bad faith. (Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)
  59. 113030.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    “Pet” is defined as any household animal, including cats, dogs, and other carnivores, whether or not for exhibition.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113030. “Pet” means any household animal including but not limited to cats or dogs and other carnivores whether or not for exhibition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  60. 113035.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Pet food ingredients from animal or poultry sources must come from approved or licensed establishments, and animals or poultry classified as “deads” may not be used.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113035. “Pet food ingredients” means each of the constituent materials making up a processed pet food. Pet food ingredients of animal or poultry origin shall be only from animals or poultry slaughtered or processed in an approved or licensed establishment. Such animal or poultry ingredients condemned for human food but passed for animal food in an establishment inspected by the United States Department of Agriculture or the Department of Food and Agriculture of this state may be used for pet food, provided it is properly denatured or handled in accordance with this chapter and regulations of the department and the regulations of the Department of Food and Agriculture of this state so as to render the ingredients safe for pet food. Animals or poultry classified as “deads” are prohibited. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  61. 11304.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. )

    Verify source ↗

    A qualifying individual using controlled substance checking services is exempt from criminal or civil penalties and investigations based only on that use or other authorized actions, unless the person is acting in bad faith.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. ) ## 11304. (a) An individual possessing a controlled substance or a controlled substance analog who is engaged in obtaining controlled substances checking services from a controlled substance checking service provider pursuant to this section shall not be subject to any criminal or civil penalty or investigation based solely on the individual’s utilization of a controlled substance checking service or actions authorized by this act, including, but not limited to, any of the following: (1) Detention or arrest. (2) Criminal prosecution, including a violation or revocation of a grant of probation, parole, pretrial release, or any other form of community supervision. (3) Civil, disciplinary, or administrative action. (4) Forfeiture of property. (5) Referral or transfer to, or detention or investigation for the purpose of referral or transfer to, United States Immigration and Customs Enforcement or any immigration authority or joint law enforcement task force as those terms are defined in Section 7284.4 of the Government Code. (b) The exemption provided in this section shall not apply to any party utilizing a controlled substance checking service in bad faith. (Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)
  62. 113040.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Incubator reject eggs may not be used in food for human consumption, but they may be used in animal food or animal-food products.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113040. Incubator reject eggs may not be used in food for human consumption but may be used for animal food or animal-food products. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  63. 113045.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “advertisement” for processed pet food and says an advertisement is false if it is false or misleading in any way.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113045. The term “advertisement” means all representations disseminated in any manner or by any means for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of processed pet food. An advertisement shall be deemed false if it is false or misleading in any particular. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  64. 11305.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. )

    Verify source ↗

    Using a controlled substance checking service cannot be used to create reasonable suspicion or probable cause for a law enforcement search or seizure.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. ) ## 11305. Utilizing a controlled substance checking service shall not serve as the basis for, or a fact contributing to the existence of, reasonable suspicion or probable cause for a law enforcement officer to conduct a search or seizure. (Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)
  65. 113050.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If labeling or advertising is alleged to be misleading, the misleadingness assessment must consider both what it says and what material facts it leaves out.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113050. If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only misrepresentations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of representations or material with respect to consequences that may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under conditions of use as are customary or usual. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  66. 113055.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This chapter is known as the Pure Pet Food Act of 1969 and may be cited by that name.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Definitions [113025 - 113055] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113055. This chapter shall be known, and may be cited, as the Pure Pet Food Act of 1969. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  67. 11306.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. )

    Verify source ↗

    Certain agencies and checking service providers must not handle identifiable personal information from controlled substance checking or disposal, except that non-identifiable aggregate information may be shared and stored.

    ## 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 5. Controlled Substance Checking Services [11300 - 11306] ( Article 5 added by Stats. 2024, Ch. 701, Sec. 2. ) ## 11306. (a) A government agency, controlled substances checking service provider, or agent thereof, shall not collect, maintain, use, or disclose any personal information relating to an individual from whom the agency receives a controlled substance or controlled substance analog for checking or disposal and shall not provide this information to law enforcement. (b) Notwithstanding subdivision (a), collection and disclosure of aggregate information that is not linked to an individual and does not contain a personal identifier may be released to clinicians, public health officials, researchers, or other local and state agencies as requested and may be stored or uploaded onto an internet website. (Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)
  68. 113060.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses and Registration Certificates [113060 - 113070] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Manufacturers of processed pet food in California must get a license from the department before starting, and manufacturers importing processed pet food into California from another state must first get a registration 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses and Registration Certificates [113060 - 113070] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113060. Every person who manufactures a processed pet food in California shall first obtain a license from, and every person who manufactures a processed pet food for import into California from another state shall first obtain a registration certificate from, the department. Each license or registration certificate is good for one calendar year from the date of issue and is nontransferable. An application for a license or registration certificate shall be made on an application form provided by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  69. 113065.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses and Registration Certificates [113060 - 113070] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Each processing plant in California needs a separate license, and the section sets annual license and registration fees of $100 each.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses and Registration Certificates [113060 - 113070] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113065. A separate license shall be required for each processing plant located in California. The annual license fee shall be one hundred dollars ($100). The annual registration fee shall be one hundred dollars ($100). The penalty for failure to apply for renewal of a license or registration certificate within 30 days after the expiration is thirty dollars ($30) and shall be added to the renewal fee and be paid by the applicant before the renewal license or registration certificate may be issued. All fees collected shall be expended as appropriated by the Legislature in the carrying out of the provisions of this chapter and the regulations adopted thereto. The annual license fee for a pet food canner also licensed under Chapter 8 (commencing with Section 112650) is one hundred dollars ($100). No additional fee is payable by such a person for a license issued to him or her under that chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  70. 113070.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses and Registration Certificates [113060 - 113070] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An annual license or registration certificate is issued only if the facility inspection, required certificate for out-of-state manufacturers, and required label and ingredient information are provided.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Licenses and Registration Certificates [113060 - 113070] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113070. An annual license or registration certificate shall be issued only when the following provisions have been met: (a) Inspection of the manufacturing facilities demonstrates that they are properly equipped and are operated in a sanitary manner. (b) In the case of an out-of-state manufacturer, the application for a registration certificate is accompanied by a certificate issued by a federal, state, or local health agency certifying that the processed pet foods manufactured conform to the requirements of this chapter or the regulations adopted hereunder. (c) The applicant submits to the department the label that would be attached to the container of each type of processed pet food and a complete list of the pet food ingredients thereof in their order of predominance by weight. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  71. 113075.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibited Acts and Penalties [113075 - 113085] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section prohibits several acts involving pet food ingredients and processed pet food in California, including adulteration, misbranding, false advertising, refusing inspection, unauthorized removal of detained goods, false guaranties, receiving adulterated or falsely advertised goods in commerce, failing to get a required license, and using ingredients that do not meet the adopted standard of identity.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibited Acts and Penalties [113075 - 113085] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113075. The following acts and the causing thereof within the State of California are hereby prohibited: (a) The manufacture, sale, or delivery, holding or offering for sale of any pet food ingredient or processed pet food that is adulterated or misbranded. (b) The adulteration or misbranding of any pet food ingredient or processed pet food. (c) The dissemination of any false advertising. (d) The refusal to permit entry or inspection, or to permit the taking of a sample. (e) The removal, sale, or disposal of a detained or embargoed processed pet food without permission of an authorized agent or the court. (f) The giving of a guaranty or undertaking that is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the State of California from whom he or she received in good faith the pet food ingredient or the processed pet food. (g) The receipt in commerce of any pet food ingredient or processed pet food that is adulterated, misbranded or falsely advertised and the delivery or proffered delivery thereof for pay or otherwise. (h) Failure to obtain a license as required by this chapter. (i) Use of any pet food ingredient that fails to conform to the standard of identity for the pet food ingredient as adopted pursuant to Section 113115. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  72. 113080.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibited Acts and Penalties [113075 - 113085] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating this chapter or its regulations can lead to jail time, a fine, or both; repeat or fraudulent/misleading violations carry a higher jail maximum. Some persons can avoid penalties by proving a proper guaranty, and certain ad disseminators are not liable unless they refuse to give the department requested identifying information.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibited Acts and Penalties [113075 - 113085] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113080. (a) Any person who violates any of the provisions of this chapter or the regulations promulgated under this chapter is subject to imprisonment for not more than six months or a fine of not more than one thousand dollars ($1,000), or both that imprisonment and fine; but if the violation is committed after a conviction of that person under this section has become final, or the violation is committed with intent to defraud or mislead, the person shall be subject to imprisonment for not more than one year, or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine. (b) No person shall be subject to the penalties of subdivision (a) for having violated provisions of this chapter if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the State of California from whom he or she received in good faith the article, to the effect that the article conforms to all provisions of this chapter, designating this chapter. If the guaranty is to the effect that the article is not in violation within the meaning of the federal act, as provided in Section 303 (c) of the federal act, it shall be sufficient for all the purposes of this chapter and have the same force and effect as though it referred to this chapter, unless at any time the standard for the article concerned under this chapter is higher than the standard for a like article under the federal act. (c) No publisher, radio or television broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section for the dissemination of false advertisement, unless he or she has refused, on the request of the department, to furnish the department the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the State of California who caused him or her to disseminate the advertisement. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  73. 113085.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibited Acts and Penalties [113075 - 113085] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may sue in superior court to get an injunction stopping anyone from violating 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Prohibited Acts and Penalties [113075 - 113085] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113085. In addition to other remedies herein provided, the department may bring an action in the 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 chapter. 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 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.)
  74. 113090.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Adulteration [113090 - 113091] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A pet food ingredient or processed pet food is treated as adulterated if it contains certain harmful substances, fails a standard of identity, is made under insanitary conditions, has a harmful container, has valuable ingredients removed, has been substituted or concealed as inferior, or has added substances that inflate bulk, weight, quality, strength, or apparent value.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Adulteration [113090 - 113091] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113090. A pet food ingredient or a processed pet food shall be deemed to be adulterated: (a) If it bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the pet food shall not be considered adulterated under this subdivision if the quantity of the substance in pet food does not ordinarily render it injurious to health. (b) If it bears or contains any added poisonous or deleterious substance, any food additive, any pesticide chemical, or any color additive that is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act, or Part 5 (commencing with Section 109875), or Division 7 (commencing with Section 12501) of the Food and Agricultural Code. (c) If it contains a pet food ingredient for which a standard of identity has been established and the pet food ingredient fails to meet that standard. (d) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health. (e) If its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health. (f) If any valuable constituent has been in whole or in part omitted or abstracted therefrom. (g) If any substance has been substituted wholly or in part therefor. (h) If damage or inferiority has been concealed in any manner. (i) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  75. 113091.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Adulteration [113090 - 113091] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Processed pet food with CBD from industrial hemp is not adulterated if it has no other cannabinoid or synthetic cannabinoid and meets Chapter 9 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Adulteration [113090 - 113091] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113091. A processed pet food is not adulterated because it includes cannabidiol (CBD) derived from industrial hemp, as defined in Section 11018.5, if the industrial hemp product does not contain any other cannabinoid or synthetic cannabinoid and meets the requirements established in Chapter 9 (commencing with Section 111920) of Part 5. The sale of processed pet food that includes CBD derived from industrial hemp shall not be restricted or prohibited based solely on the inclusion of CBD. (Amended by Stats. 2025, Ch. 248, Sec. 47. (AB 8) Effective January 1, 2026.)
  76. 113095.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Pet food ingredients and processed pet food are misbranded if their labeling or containers are misleading, or if package labels do not include required business and quantity information.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113095. A pet food ingredient or processed pet food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular. (b) If its container is so made, formed or filled as to be misleading. (c) If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count. Under clause (2) of subdivision (c), reasonable variation shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the department. (d) If any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with conspicuousness (as compared with other words, statements, designs or emblems, in the labeling) and in terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  77. 113100.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Pet food is misbranded unless its label shows the common name of the food and, if it has more than one ingredient, each ingredient in descending order of predominance; spices, flavorings, and colorings may be labeled generically.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113100. A pet food shall be deemed to be misbranded if it is not subject to Section 113105, unless its label bears (a) the common or usual name of the food, if any there be, and (b) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient listed in descending order of predominance in the product. Spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  78. 113105.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A processed pet food is misbranded if it is represented as a food with a prescribed standard of identity and does not meet that standard or its labeling 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113105. A processed pet food shall be deemed to be misbranded if it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by Section 113115 unless (a) it conforms to the definition and standard, and (b) its label bears the name of the processed pet food specified in the definition and standard, and, insofar as may be required by regulations, the common names of optional pet food ingredients present in processed pet food. Spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  79. 113110.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Processed pet food is misbranded if it lacks required labeling for special dietary uses or if it contains artificial flavoring, artificial coloring, or chemical preservative without stating that fact.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Misbranding [113095 - 113110] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113110. A processed pet food shall be deemed to be misbranded: (a) If it purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties as the department determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for those uses. (b) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  80. 113115.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Administration [113115 - 113120] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt regulations for processed pet food or pet food ingredients if it believes doing so will promote honesty and fair dealing for the ultimate 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Administration [113115 - 113120] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113115. When in the judgment of the department the action will promote honesty and fair dealing in the interest of the ultimate purchaser, the department may promulgate regulations establishing for any processed pet food or pet food ingredient any of the following: (a) A reasonable definition and standard of identity. (b) A reasonable standard of quality or fill of container. (c) The method of treatment of products or ingredients to render them safe for pet feeding. (d) Labeling information necessary to fully inform the purchaser thereof. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  81. 113120.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Administration [113115 - 113120] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must administer this chapter in accordance with Part 5 starting at Section 109875.

    ## 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 10. Processed Pet Foods [113025 - 113120] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Administration [113115 - 113120] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113120. This chapter shall be administered by the department in accordance with Part 5 (commencing with Section 109875). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  82. 113150.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Dairy Product Safety [113150 - 113155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If certain milk-related diseases occur in a household, milk from those premises may not be sold or distributed unless the health officer gives written authorization, and the case must be reported immediately to the health officer.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Dairy Product Safety [113150 - 113155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113150. (a) When there occurs, in the household of any dairy worker, milkman, milk dealer, milk distributor, creamery worker, or pasteurizing plant operator, a case or a suspected case of a milk transmitted disease listed pursuant to Section 120130, the sale or distribution of milk from those premises is prohibited unless written authorization for its sale or distribution is given by the health officer. (b) A case or suspected case of any disease that occurs in the household of any of the above-mentioned persons, and that is known to be transmitted by milk, shall be reported immediately to the health officer. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  83. 113155.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Dairy Product Safety [113150 - 113155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must cooperate with the Department of Food and Agriculture when inspecting certain milk products plants, and the Department of Food and Agriculture must consult the department before condemning contaminated milk or milk products.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Dairy Product Safety [113150 - 113155] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113155. The department shall cooperate with the Department of Food and Agriculture in the inspection of any milk products plants associated with diseases reported pursuant to Section 120130. The Department of Food and Agriculture shall consult with the department prior to condemning milk or milk products that are determined to be contaminated based on a finding of illnesses listed pursuant to Section 120130. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  84. 113200.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines several beverage-related terms used in the 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113200. As used in this article, unless the context requires otherwise: (a) “Beverage” means beer or other malt beverages and mineral waters, soda water and similar carbonated soft drinks in liquid form and intended for human consumption. (b) “Beverage container” means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing a beverage. (c) “Flip-top container” means a metal beverage container so designed and constructed that a part of the container is severable in opening the containers. (d) “In this state” means within the exterior limits of the State of California and includes all territory within these limits owned by or ceded to the United States of America. (e) “Non-flip-top container” means a metal beverage container so designed and constructed that no part of the container is severable in opening the container. (Amended by Stats. 1996, Ch. 1023, Sec. 316. Effective September 29, 1996.)
  85. 113205.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not sell or offer for sale in California a metal beverage container that is designed so a part comes off when opened.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113205. On and after January 1, 1979, no person shall sell or offer for sale in this state any metal beverage container so designed and constructed that a part of the container is severable in opening the container. Nothing in this section shall prohibit the sale in California of the containers for shipment out of state. Any person who violates the provisions of this section is guilty of an infraction. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  86. 113210.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Secretary of the Resources Agency may grant a limited extension allowing a manufacturer to sell flip-top containers, and manufacturers seeking it must request the extension by July 1, 1978 with a required report.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113210. The Secretary of the Resources Agency may extend permission to a manufacturer to sell flip-top containers for one or more periods of time for a total period not to exceed one year after January 1, 1979. The subsequent resale of these flip-top containers by other persons at wholesale or retail, empty or filled with beverages at any time subsequent to January 1, 1979, shall not be a violation of Section 113205. In order to be eligible for an extension of permission to sell flip-top containers after January 1, 1979, a manufacturer shall file a request for extension by July 1, 1978, with the Secretary of the Resources Agency and shall accompany the request with a report that will indicate: (a) The percentage of the total production of metal beverage containers made by the manufacturer in the calendar years of 1976 and 1977, and to May 31, 1978, that were non-flip-top containers manufactured for use within this state. (b) The percentage of production of metal beverage containers the manufacturer shifted from flip-top containers to non-flip-top containers in the calendar years 1976 and 1977, and to May 31, 1978, for use within this state. (c) The projected date when all production of metal beverage containers manufactured for use in this state will be non-flip-top containers. (d) A general statement of the procedures the manufacturer is employing to effect the changeover to production of only non-flip-top containers for use within this state, and specific economic information regarding the manufacturer’s planned investment in conversion to new equipment and techniques to effect the changeover to production of only non-flip-top containers for use within this state. The secretary shall make public disclosure of all reports received. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  87. 113215.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Secretary of the Resources Agency must hold hearings on extension requests, notify the public 30 days before each hearing, and may grant an extension only after making specified findings.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113215. The Secretary of the Resources Agency shall conduct hearings upon the requests for extension prior to making decisions, so that members of the public and manufacturers may be heard, and shall receive evidence and make findings of fact. The secretary shall cause public notification of the time and place of the hearings 30 days prior to each hearing. In order to grant an extension of permission to sell flip-top containers after January 1, 1979, the Secretary of the Resources Agency must make a determination that the manufacturer requesting the extension has made good faith efforts to comply with the act, but is unable to meet the time requirement for conversion, and that the manufacturer will suffer severe economic hardship as a direct result of the requirements of conversion. If an extension is granted, the Secretary of the Resources Agency may require reports as often as he or she deems necessary, indicating the progress of the manufacturer toward compliance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  88. 113220.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section bars administrative appeals from the secretary’s extension decision, allows the manufacturer to seek judicial review, and lets any member of the public bring an action to challenge the decision’s validity on abuse-of-discretion grounds.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Beverage Containers [113200 - 113220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113220. There shall be no administrative appeal of the secretary’s decision regarding a request for an extension. Judicial review of the decision of the Secretary of the Resources Agency on any request for an extension may be made by the manufacturer. In addition, any member of the public, without damages, at his or her own expense, has standing to bring an action for the purpose of inquiring into the validity of a decision of the secretary on the grounds of the abuse of discretion where the findings are unsupported by the evidence. This section shall not be construed to prohibit the use of any other remedy available under any other provision of law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  89. 113250.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “low acid frozen 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113250. “Low acid frozen food” means a food that, by virtue of its low acid content, does not preclude the growth of Clostridium botulinum. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  90. 113255.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Low acid frozen food must be packaged in a container that looks distinctive enough to signal to purchasers that it is not ordinary canned, nonperishable 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113255. Low acid frozen food shall be packaged in a container of distinctive appearance so as to indicate to the purchaser that the package is not ordinary canned goods of a nonperishable nature. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  91. 113260.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food containers must carry a suitable warning label about keeping the product frozen and not heating the contents before opening.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113260. The container shall bear a suitable legend to warn consumers that the product must be kept frozen until ready for use and that the contents should not be heated before opening. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  92. 113265.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Low-acid foods that will be frozen and packaged in hermetically sealed metal containers must not be cooked in the container before freezing.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113265. Low acid foods that are to be frozen and packaged in hermetically sealed metal containers, shall not be cooked in the container before freezing. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  93. 113270.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must enforce 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113270. The department shall enforce this article. (Amended by Stats. 1996, Ch. 1023, Sec. 317. Effective September 29, 1996.)
  94. 113275.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may make regulations to enforce this article on frozen foods.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113275. The department may make regulations to secure the proper enforcement of this article, including regulations with respect to the sanitary preparation of articles of food for freezing, the use of containers, marks, tags, or labels, and the display of signs. (Amended by Stats. 1996, Ch. 1023, Sec. 318. Effective September 29, 1996.)
  95. 113280.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Violating this article, except Article 4, or any rule or regulation under it can lead to a conviction, with a first-offense fine of up to $1,000, jail for up to 6 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Frozen Foods [113250 - 113280] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113280. Any person, firm, corporation, or agent violating any of the provisions of this article with the exception of Article 4 (commencing with Section 113310), or any rule or regulation issued pursuant to this article, shall upon conviction be punished for the first offense by a fine not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both. (Amended by Stats. 1996, Ch. 1023, Sec. 319. Effective September 29, 1996.)
  96. 113310.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Legislature states that California has a primary interest in sanitary conditions for growing and harvesting food crops, and that sanitary and handwashing facilities for workers are necessary.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113310. The Legislature finds and declares that the people of the State of California have a primary interest in the sanitary conditions under which food crops are grown and harvested for human consumption and in the health and related sanitary conditions under which the workers are employed in the growing and harvesting of food crops. The Legislature hereby finds and declares that the provision of sanitary and handwashing facilities for those employed in the growing and harvesting of food crops is necessary to the preservation of sanitation and health and that facilities are necessary to maintain the dignity of workers. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  97. 113315.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “food crop” for this article as all fruits and vegetables intended 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113315. For the purposes of this article “food crop” shall mean all fruits and vegetables intended for human consumption. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  98. 113320.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “food crop growing and harvesting operation” 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113320. For the purpose of this article “food crop growing and harvesting operation” shall mean any field activity or operation wherein a food crop is grown and harvested, where five or more employees are working as a crew, unit, or group for a period of two or more hours. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  99. 113325.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Every employer must provide, or make sure are provided, toilet and handwashing facilities for each food crop growing and harvesting operation.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113325. Every employer shall provide or cause to be provided toilet and handwashing facilities for every food crop growing and harvesting operation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  100. 113330.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Employees must use the toilet and handwashing facilities provided.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113330. Employees shall use the toilet and handwashing facilities provided. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  101. 113335.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Toilet facilities used for food crop growing must provide privacy, be designed to prevent contamination of the crop and keep flies away from excreta, and be 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113335. Toilet facilities shall provide privacy and shall be so designed as to keep human excreta from contaminating the crop and to keep flies away from the excreta. Toilet paper shall be provided. Toilet facilities shall be maintained in a clean and sanitary condition. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  102. 113340.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Handwashing facilities must allow handwashing in clean water with soap or another suitable cleansing agent, and must allow used wash water to be disposed of without nuisance or contamination of the food crop.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113340. Handwashing facilities shall be such as to afford an opportunity to wash hands in clean water using soap or other suitable cleansing agent and to dispose of used wash water without nuisance or contamination of food crop. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  103. 113345.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Toilet and handwashing facilities for food crop harvesting operations must be provided at convenient locations.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113345. Toilet and handwashing facilities for food crop harvesting operations shall be provided at convenient locations. For the purpose of this article “convenient” means within a five-minute walk of place of work. When, because of layout of access roads, ground terrain, or other physical conditions, it is not possible to comply with the foregoing requirement, toilet and handwashing facilities shall be located at the point of vehicular access closest to the workers. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  104. 113350.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt reasonable regulations and submit building standards for approval for this article, after consulting specified state departments and subject to Section 18930.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113350. (a) Except as provided in Section 18930, the department, after consultation with the State Departments of Food and Agriculture and Industrial Relations, may make and adopt reasonable regulations in accordance with this article pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and may adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. The regulations shall be at least as effective as those adopted pursuant to Section 6712 of the Labor Code. (b) No part of this article shall be construed to abridge or limit in any manner the jurisdiction of the Division of Occupational Safety and Health pursuant to Division 5 (commencing with Section 6300) of the Labor Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  105. 113355.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Local health officers have primary enforcement responsibility for this article; agencies enforcing it must report violations to local Employment Development Department offices, and the EDD may not refer people for employment to the identified employer or operation until the violation is certified corrected.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113355. (a) The primary responsibility for enforcement of this article shall be vested in the local health officers; county agricultural commissioners may participate in enforcement. The State Departments of Health Services, Industrial Relations, and Food and Agriculture may also enforce this article. (b) Any agency enforcing this article shall report any violation to all field offices of the Employment Development Department located in the county where the violation occurs. The report shall identify the employer responsible for the violation, the nature of the violation, and the location of the food crop growing and harvesting operation where the violation occurs. The Employment Development Department shall not refer persons for employment to any employer or food crop growing and harvesting operation identified in the report until the agency reporting the violation certifies that the violation has been corrected. (Amended by Stats. 1999, Ch. 915, Sec. 21. Effective January 1, 2000.)
  106. 113360.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who knowingly and willfully violates this article or its regulations commits a misdemeanor.

    ## 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 11. Miscellaneous Food Laws [113150 - 113360] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Food Crop Growing [113310 - 113360] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 113360. Any person who knowingly and willfully violates any of the provisions of this article, or of the regulations adopted under this article, is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  107. 11350.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    Possessing the covered controlled substances described here is punishable, with limited prescription-based 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 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine. (d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply: (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. (2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner. (e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. (Amended (as amended by Proposition 47) by Stats. 2017, Ch. 269, Sec. 4. (SB 811) Effective January 1, 2018. Note: This section was amended on Nov. 4, 2014, by initiative Prop.47.)
  108. 11350.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person who possesses a specified controlled substance with the intent to commit sexual assault commits an offense and is subject to imprisonment under the Penal Code.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11350.5. (a) Except as otherwise provided in this division, every person who possesses a controlled substance specified in paragraph (3) of subdivision (e) of Section 11054 of this code with the intent to commit sexual assault shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) For purposes of this section, “sexual assault” means conduct in violation of Section 243.4, 261, 262, 286, 287, or 289 of, or former Section 288a of, the Penal Code. (Amended by Stats. 2018, Ch. 423, Sec. 35. (SB 1494) Effective January 1, 2019.)
  109. 11351.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person generally must not possess for sale or buy for purposes of sale the controlled substances covered by this section, unless another part of the division says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11351. Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (Amended by Stats. 2011, Ch. 15, Sec. 152. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  110. 11351.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    A person who possesses cocaine base for sale or buys it for the purpose of sale is subject to punishment, unless another part of the division provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11351.5. Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base, which is specified in paragraph (1) of subdivision (f) of Section 11054, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years. (Amended by Stats. 2014, Ch. 749, Sec. 3. (SB 1010) Effective January 1, 2015.)
  111. 11352.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    This section prohibits most people from transporting, importing, selling, furnishing, administering, giving away, offering, or attempting those acts with specified controlled substances, unless a written prescription exception applies.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11352. (a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years. (b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years. (c) For purposes of this section, “transports” means to transport for sale. (d) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section. (Amended by Stats. 2014, Ch. 54, Sec. 7. (SB 1461) Effective January 1, 2015.)
  112. 11352.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

    Verify source ↗

    This section makes it a misdemeanor to knowingly and unlawfully dispense, furnish, own, manage, or operate a business dispensing dangerous drugs or devices without the required license.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11352.1. (a) The Legislature hereby declares that the dispensing and furnishing of prescription drugs, controlled substances, and dangerous drugs or dangerous devices without a license poses a significant threat to the health, safety, and welfare of all persons residing in the state. It is the intent of the Legislature in enacting this provision to enhance the penalties attached to this illicit and dangerous conduct. (b) Notwithstanding Section 4321 of the Business and Professions Code, and in addition to any other penalties provided by law, any person who knowingly and unlawfully dispenses or furnishes a dangerous drug or dangerous device, or any material represented as, or presented in lieu of, any dangerous drug or dangerous device, as defined in Section 4022 of the Business and Professions Code, or who knowingly owns, manages, or operates a business that dispenses or furnishes a dangerous drug or dangerous device or any material represented as, or presented in lieu of, any dangerous drug or dangerous device, as defined in Section 4022 of the Business and Professions Code without a license to dispense or furnish these products, shall be guilty of a misdemeanor. Upon the first conviction, each violation shall be punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, each violation shall be punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. (Amended by Stats. 2000, Ch. 350, Sec. 1. Effective September 8, 2000.)
  113. 11352.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    A court must impose a fine up to $50,000, plus any prison term allowed by law, for certain heroin-related convictions unless the defendant cannot pay the fine.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11352.5. The court shall impose a fine not exceeding fifty thousand dollars ($50,000), in the absence of a finding that the defendant would be incapable of paying such a fine, in addition to any term of imprisonment provided by law for any of the following persons: (1) Any person who is convicted of violating Section 11351 of the Health and Safety Code by possessing for sale 14.25 grams or more of a substance containing heroin. (2) Any person who is convicted of violating Section 11352 of the Health and Safety Code by selling or offering to sell 14.25 grams or more of a substance containing heroin. (3) Any person convicted of violating Section 11351 of the Health and Safety Code by possessing heroin for sale or convicted of violating Section 11352 of the Health and Safety Code by selling or offering to sell heroin, and who has one or more prior convictions for violating Section 11351 or Section 11352 of the Health and Safety Code. (Amended by Stats. 1983, Ch. 223, Sec. 1.)
  114. 11353.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    Adults 18 or older may not use minors in specified controlled-substance offenses, and a violation is punishable by state prison.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11353. Every person 18 years of age or over, (a) who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this chapter or Section 11550 with respect to either (1) a controlled substance which is specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, (b) who hires, employs, or uses a minor to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any such controlled substance, or (c) who unlawfully sells, furnishes, administers, gives, or offers to sell, furnish, administer, or give, any such controlled substance to a minor, shall be punished by imprisonment in the state prison for a period of three, six, or nine years. (Amended by Stats. 2000, Ch. 8, Sec. 6. Effective March 29, 2000.)
  115. 11353.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    This section adds extra prison terms for adults convicted of a Section 11353 violation when the offense involves certain drugs, locations, or a minor.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11353.1. (a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11353, in addition to the punishment imposed for that conviction, shall receive an additional punishment as follows: (1) If the offense involved heroin, cocaine, cocaine base, or any analog of these substances and occurred upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for one year. (2) If the offense involved heroin, cocaine, cocaine base, or any analog of these substances and occurred upon, or within 1,000 feet of, the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for two years. (3) If the offense involved a minor who is at least four years younger than the defendant, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this subdivision, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court. (b) The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (c) The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law. (d) Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (e) As used in this section the following definitions shall apply: (1) “Playground” means any park or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, county, or state parks. (2) “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (3) “Video arcade” means any premises where 10 or more video game machines or devices are operated, and where minors are legally permitted to conduct business. (4) “Video game machine” means any mechanical amusement device, which is characterized by the use of a cathode ray tube display and which, upon the insertion of a coin, slug, or token in any slot or receptacle attached to, or connected to, the machine, may be operated for use as a game, contest, or amusement. (5) “Within 1,000 feet of the grounds of any public or private elementary, vocational, junior high, or high school” means any public area or business establishment where minors are legally permitted to conduct business which is located within 1,000 feet of any public or private elementary, vocational, junior high, or high school. (6) “Child day care facility” has the meaning specified in Section 1596.750. (f) This section does not require either that notice be posted regarding the proscribed conduct or that the applicable 1,000-foot boundary limit be marked. (Amended by Stats. 1993, Ch. 556, Sec. 1. Effective January 1, 1994.)
  116. 11353.4.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    This section adds prison terms for certain repeat Section 11353 convictions, and a court may strike the added punishment in mitigation cases.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11353.4. (a) Any person 18 years of age or older who is convicted for a second or subsequent time of violating Section 11353, as that section applies to paragraph (1) of subdivision (f) of Section 11054, where the previous conviction resulted in a prison sentence, shall, as a full and separately served enhancement to the punishment imposed for that second or subsequent conviction of Section 11353, be punished by imprisonment in the state prison for one, two, or three years. (b) If the second or subsequent violation of Section 11353, as described in subdivision (a), involved a minor who is 14 years of age or younger, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this section, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court. (c) The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (d) The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law. (e) Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (Added by Stats. 1993, Ch. 586, Sec. 1. Effective January 1, 1994.)
  117. 11353.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    Adults 18 or older are prohibited from unlawfully preparing for sale, selling, or giving away certain controlled substances to minors on specified school- or child-related premises, and violations carry prison terms.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11353.5. Except as authorized by law, any person 18 years of age or older who unlawfully prepares for sale upon school grounds or a public playground, a child day care facility, a church, or a synagogue, or sells or gives away a controlled substance, other than a controlled substance described in Section 11353 or 11380, to a minor upon the grounds of, or within, any school, child day care facility, public playground, church, or synagogue providing instruction in preschool, kindergarten, or any of grades 1 to 12, inclusive, or providing child care services, during hours in which those facilities are open for classes, school-related programs, or child care, or at any time when minors are using the facility where the offense occurs, or upon the grounds of a public playground during the hours in which school-related programs for minors are being conducted, or at any time when minors are using the facility where the offense occurs, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for five, seven, or nine years. Application of this section shall be limited to persons at least five years older than the minor to whom he or she prepares for sale, sells, or gives away a controlled substance. (Amended by Stats. 2011, Ch. 15, Sec. 155. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  118. 11353.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    This section adds extra prison time for certain adults convicted of specified drug offenses when the offense occurs at or near a school, and it lets the court strike the enhancement in limited circumstances.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11353.6. (a) This section shall be known, and may be cited, as the Juvenile Drug Trafficking and Schoolyard Act of 1988. (b) Any person 18 years of age or over who is convicted of a violation of Section 11351.5, 11352, or 11379.6, as those sections apply to paragraph (1) of subdivision (f) of Section 11054, or of Section 11351, 11352, or 11379.6, as those sections apply to paragraph (11) of subdivision (c) of Section 11054, or of Section 11378, 11379, or 11379.6, as those sections apply to paragraph (2) of subdivision (d) of Section 11055, or of a conspiracy to commit one of those offenses, where the violation takes place upon the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, shall receive an additional punishment of three, four, or five years at the court’s discretion. (c) Any person 18 years of age or older who is convicted of a violation pursuant to subdivision (b) which involves a minor who is at least four years younger than that person, as a full and separately served enhancement to that provided in subdivision (b), shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years at the court’s discretion. (d) The additional terms provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (e) The additional terms provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law. (f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (g) “Within 1,000 feet of a public or private elementary, vocational, junior high, or high school” means any public area or business establishment where minors are legally permitted to conduct business which is located within 1,000 feet of any public or private elementary, vocational, junior high, or high school. (Amended by Stats. 2011, Ch. 15, Sec. 156. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  119. 11353.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    Adults 18 or older may not unlawfully prepare controlled substances for sale in a public park, or sell or give them away to a child under 14 there, when the park is open.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11353.7. Except as authorized by law, and except as provided otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to playgrounds situated in a public park, any person 18 years of age or older who unlawfully prepares for sale in a public park, including units of the state park system and state vehicular recreation areas, or sells or gives away a controlled substance to a minor under the age of 14 years in a public park, including units of the state park system and state vehicular recreation areas, during hours in which the public park, including units of the state park system and state vehicular recreation areas, is open for use, with knowledge that the person is a minor under the age of 14 years, shall be punished by imprisonment in state prison for three, six, or nine years. (Amended by Stats. 2012, Ch. 43, Sec. 13. (SB 1023) Effective June 27, 2012.)
  120. 11354.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    A person under 18 who unlawfully recruits, uses, or supplies a minor for the listed controlled-substance conduct can be punished with state prison.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11354. (a) Every person under the age of 18 years who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this chapter or Section 11550, who hires, employs, or uses a minor to unlawfully transport, carry, sell, give away, prepare for sale, or peddle (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, or who unlawfully sells, furnishes, administers, gives, or offers to sell, furnish, administer, or give, any such controlled substance to a minor shall be punished by imprisonment in the state prison. (b) This section is not intended to affect the jurisdiction of the juvenile court. (Amended by Stats. 2000, Ch. 8, Sec. 7. Effective March 29, 2000.)
  121. 11355.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    A person who offers or arranges unlawful controlled-substance sales or substitutes another substance for the controlled substance can be punished by up to one year in county jail.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11355. Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug to any person, or who offers, arranges, or negotiates to have any such controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and who then sells, delivers, furnishes, transports, administers, or gives, or offers, arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of any such controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 4. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  122. 11356.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    This section defines when an offense counts as a “felony offense” or “offense punishable as a felony” for article 1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11356. As used in this article “felony offense,” and “offense punishable as a felony” refer to an offense prior to October 1, 2011, for which the law prescribes imprisonment in the state prison, or for an offense on or after October 1, 2011, imprisonment in either the state prison or pursuant to subdivision (h) of Section 1170 of the Penal Code, as either an alternative or the sole penalty, regardless of the sentence the particular defendant received. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 2. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  123. 11356.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    A person convicted under the listed controlled-substances sections who induced another to commit the offense gets an extra prison term, with the term increasing based on the controlled substance’s value.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11356.5. (a) Any person convicted of a violation of Section 11351, 11352, 11379.5, or 11379.6 insofar as the latter section relates to phencyclidine or any of its analogs which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055, who, as part of the transaction for which he or she was convicted, has induced another to violate Section 11351, 11352, 11379.5, or 11379.6 insofar as the latter section relates to phencyclidine or its analogs, shall be punished as follows: (1) By an additional one year in prison if the value of the controlled substance involved in the transaction for which the person was convicted exceeds five hundred thousand dollars ($500,000). (2) By an additional two years in prison if the value of the controlled substance involved in the transaction for which the person was convicted exceeds two million dollars ($2,000,000). (3) By an additional three years in prison if the value of the controlled substance involved in the transaction for which the person was convicted exceeds five million dollars ($5,000,000). (b) For purposes of this section, “value of the controlled substance” means the retail price to the user. (Amended by Stats. 1995, Ch. 377, Sec. 1. Effective January 1, 1996.)
  124. 11356.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. )

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    Courts must refer certain defendants only to qualifying fentanyl and synthetic opiate education programs, and the program must cover listed safety topics and be culturally and linguistically appropriate.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics [11350 - 11356.6] ( Heading of Article 1 amended by Stats. 1973, Ch. 1078. ) ## 11356.6. (a) The court shall refer a defendant subject to paragraph (4) of subdivision (a) of Section 11373 only to a fentanyl and synthetic opiate education program that meets the standards of this section. (b) A fentanyl and synthetic opiate education program shall include education on the dangers of fentanyl and other synthetic opiates, including, but not limited to, information on all of the following: (1) How the use of fentanyl and synthetic opiates affects the body and brain. (2) The dangers of fentanyl and other synthetic opiates to a person’s life and health. (3) Factors that contribute to physical dependence. (4) The physical and mental health risks associated with substance use disorders. (5) How to recognize and respond to the signs of a drug overdose, including information regarding access to, and the administration of, opiate antagonists and immunity for reporting a drug-related overdose pursuant to Section 11376.5. (6) The legality of drug testing equipment pursuant to subdivision (g) of Section 11364.5. (c) The education may also include the criminal penalties for controlled substance offenses regarding fentanyl and other synthetic opiates. (d) The education shall be culturally and linguistically appropriate. (e) The court may allow a defendant to participate in a fentanyl and synthetic opiate education program via remote technology, if one is available. (f) The program provider shall report to the probation department and the court an unexcused absence by a defendant from a fentanyl and synthetic opiate education program within two business days. A defendant who is absent from a session of the fentanyl and synthetic opiate education program shall be required to complete any and all components of the fentanyl and synthetic opiate education program that the defendant did not attend. (g) The court shall only refer defendants to programs that are available at no cost to participants of court-ordered drug education as provided in subparagraph (B) of paragraph (4) of subdivision (a) of Section 11373. (h) As used in this section, “opiate” includes “opioid” drugs. (Amended by Stats. 2024, Ch. 80, Sec. 81. (SB 1525) Effective January 1, 2025.)
  125. 11357.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section sets penalties for cannabis possession, with different rules based on amount, age, and whether the possession is on school grounds.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11357. (a) Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows: (1) Persons under 18 years of age are guilty of an infraction and shall be required to: (A) Upon a finding that a first offense has been committed, complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days. (B) Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days. (2) Persons at least 18 years of age but less than 21 years of age are guilty of an infraction and punishable by a fine of not more than one hundred dollars ($100). (b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows: (1) Persons under 18 years of age who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction and shall be required to: (A) Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days. (B) Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days. (2) Persons 18 years of age or older who possess more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. (c) Except as authorized by law, a person 18 years of age or older who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished as follows: (1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed. (2) A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed. (d) Except as authorized by law, a person under 18 years of age who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of an infraction and shall be punished in the same manner provided in paragraph (1) of subdivision (b). (Amended by Stats. 2017, Ch. 253, Sec. 15. (AB 133) Effective September 16, 2017. Note: This section was amended on Nov. 4, 2014, by initiative Prop. 47, and on Nov. 8, 2016, by initiative Prop. 64.)
  126. 11357.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section bans selling, distributing, advertising, furnishing, administering, giving, offering, or possessing for sale synthetic cannabinoid compounds or derivatives, and also penalizes use or possession.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11357.5. (a) Every person who sells, dispenses, distributes, advertises through labeling or marketing, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Every person who uses or possesses any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, is guilty of a public offense, punishable as follows: (1) A first offense is an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). (2) A second offense is an infraction punishable by a fine not exceeding two hundred fifty dollars ($250) or a misdemeanor punishable by imprisonment in a county jail not exceeding six months, a fine not exceeding five hundred dollars ($500), or by both that fine and imprisonment. (3) A third or subsequent offense is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (c) As used in this section, the term “synthetic cannabinoid compound” refers to any of the following substances or an analog of any of the following substances: (1) Adamantoylindoles or adamantoylindazoles, which includes adamantyl carboxamide indoles and adamantyl carboxamide indazoles, or any compound structurally derived from 3-(1-adamantoyl)indole, 3-(1-adamantoyl)indazole, 3-(2-adamantoyl)indole, N-(1-adamantyl)-1H-indole-3-carboxamide, or N-(1-adamantyl)-1H-indazole-3-carboxamide by substitution at the nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including, but not limited to, 2NE1, 5F-AKB-48, AB-001, AKB-48, AM-1248, JWH-018 adamantyl carboxamide, STS-135. (2) Benzoylindoles, which includes any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including, but not limited to, AM-630, AM-661, AM-679, AM-694, AM-1241, AM-2233, RCS-4, WIN 48,098 (Pravadoline). (3) Cyclohexylphenols, which includes any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the cyclohexyl ring to any extent, including, but not limited to, CP 47,497, CP 55,490, CP 55,940, CP 56,667, cannabicyclohexanol. (4) Cyclopropanoylindoles, which includes any compound structurally derived from 3-(cyclopropylmethanoyl)indole, 3-(cyclopropylmethanone)indole, 3-(cyclobutylmethanone)indole or 3-(cyclopentylmethanone)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl, or cyclopentyl rings to any extent. (5) Naphthoylindoles, which includes any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl group, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the naphthyl ring to any extent, including, but not limited to, AM-678, AM-1220, AM-1221, AM-1235, AM-2201, AM-2232, EAM-2201, JWH-004, JWH-007, JWH-009, JWH-011, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-022, JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH-122, JWH-148, JWH-149, JWH-164, JWH-166, JWH-180, JWH-181, JWH-182, JWH-189, JWH-193, JWH-198, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-258, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414, JWH-415, JWH-424, MAM-2201, WIN 55,212. (6) Naphthoylnaphthalenes, which includes any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent, including, but not limited to, CB-13. (7) Naphthoylpyrroles, which includes any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including, but not limited to, JWH-030, JWH-031, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-309, JWH-346, JWH-348, JWH-363, JWH-364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373, JWH-392. (8) Naphthylmethylindenes, which includes any compound containing a naphthylideneindene structure or which is structurally derived from 1-(1-naphthylmethyl)indene with substitution at the 3-position of the indene ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including, but not limited to, JWH-171, JWH-176, JWH-220. (9) Naphthylmethylindoles, which includes any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including, but not limited to, JWH-175, JWH-184, JWH-185, JWH-192, JWH-194, JWH-195, JWH-196, JWH-197, JWH-199. (10) Phenylacetylindoles, which includes any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including, but not limited to, cannabipiperidiethanone, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH-205, JWH-206, JWH-207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-249, JWH-250, JWH-251, JWH-253, JWH-302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH-312, JWH-313, JWH-314, JWH-315, JWH-316, RCS-8. (11) Quinolinylindolecarboxylates, which includes any compound structurally derived from quinolin-8-yl-1H-indole-3-carboxylate by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinoline ring to any extent, including, but not limited to, BB-22, 5-Fluoro-PB-22, PB-22. (12) Tetramethylcyclopropanoylindoles, which includes any compound structurally derived from 3-tetramethylcyclopropanoylindole, 3-(1-tetramethylcyclopropyl)indole, 3-(2,2,3,3-tetramethylcyclopropyl)indole or 3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropanoyl ring to any extent, including, but not limited to, 5-bromo-UR-144, 5-chloro-UR-144, 5-fluoro-UR-144, A-796,260, A-834,735, AB-034, UR-144, XLR11. (13) Tetramethylcyclopropane-thiazole carboxamides, which includes any compound structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including, but not limited to, A-836,339. (14) Unclassified synthetic cannabinoids, which includes all of the following: (A) AM-087, (6aR,10aR)-3-(2-methyl-6-bromohex-2-yl)-6,6,9-t rimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. (B) AM-356, methanandamide, including (5Z,8Z,11Z,14Z)-–[ (1R)-2-hydroxy-1-methylethyl]icosa-5,8,11,14-tetraenamide and arachidonyl-1'-hydroxy-2'-propylamide. (C) AM-411, (6aR,10aR)-3-(1-adamantyl)-6,6,9-trimethyl-6 a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. (D) AM-855, (4aR,12bR)-8-hexyl-2,5,5-trimethyl-1 ,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol. (E) AM-905, (6aR,9R,10aR)-3-[(E)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol. (F) AM-906, (6aR,9R,10aR)-3-[(Z)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol. (G) AM-2389, (6aR,9R,10aR)-3-(1-hexyl-cyclobut-1-yl)-6 a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1 ,9 diol. (H) BAY 38-7271, (-)-(R)-3-(2-Hydroxymethylindanyl-4-o xy)phenyl-4,4,4-trifluorobutyl-1-sulfonate. (I) CP 50,556-1, Levonantradol, including 9-hydroxy-6-methyl-3 -[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenant hridin-1-yl]acetate; [(6S,6aR,9R, 10aR)-9-hydroxy-6-methyl-3-[ (2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate; and [9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate. (J) HU-210, including (6aR,10aR)-9-(hydroxymethyl)-6,6-d imethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol; [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-( 2-methyl octan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-o l and 1,1-Dimethylheptyl-11-hydroxytetrahydrocannabinol. (K) HU-211, Dexanabinol, including (6aS, 10aS)-9-(hydroxy methyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-t etrahydrobenzo[c]chromen-1-ol and (6aS, 10aS)-9-(hydroxy methyl)-6,6-dimethyl- 3-(2-methyloctan-2-yl)-6a,7,10,10a-t etrahydrobenzo[c]chromen-1-ol. (L) HU-243, 3-dimethylheptyl-11-hydroxyhexahydrocannabinol. (M) HU-308, [(91R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2 -yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol. (N) HU-331, 3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-m ethylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1 ,4-dione. (O) HU-336, (6aR,10aR)-6,6,9-trimethyl-3-pentyl-6a,7,10,10a-t etrahydro-1H-benzo[c]chromene-1,4(6H)-dione. (P) JTE-907, N-(benzol[1,3]dioxol-5-ylmethyl)-7-methoxy-2-o xo-8-pentyloxy-1,2-dihydroquinoline-3-carboxamide. (Q) JWH-051, ((6aR,10aR)-6,6-dimethyl-3-(2-methyloctan-2-y l)-6a,7,10,10a-tetrahydrobenzo[c]chromen-9-yl)methanol. (R) JWH-057 (6aR,10aR)-3-(1,1-dimethylheptyl)-6a,7,10,10a-t etrahydro-6,6,9-trimethyl-6H-Dibenzo[b,d]pyran. (S) JWH-133 (6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a-t etrahydro -6,6,9-trimethyl-6H-dibenzo[b,d]pyran. (T) JWH-359, (6aR,10aR)- 1-methoxy- 6,6,9-trimethyl- 3-[(2R)-1 ,1,2-trimethylbutyl]- 6a,7,10,10a-tetrahydrobenzo[c]chromene. (U) URB-597 [3-(3-carbamoylphenyl)phenyl]-N-cyclohexylcarb amate. (V) URB-602 [1,1'-Biphenyl]-3-yl-carbamic acid, cyclohexyl ester; OR cyclohexyl [1,1'-biphenyl]-3-ylcarbamate. (W) URB-754 6-methyl-2-[(4-methylphenyl)amino]-4H-3,1-b enzoxazin-4-one. (X) URB-937 3'-carbamoyl-6-hydroxy-[1,1'-biphenyl]-3-yl cyc lohexylcarbamate. (Y) WIN 55,212-2, including (R)-(+)-[2,3-dihydro-5-methyl-3 -(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 -napthalenylmethanone and [2,3-Dihydro-5-methyl-3-(4-morp holinylmethyl)pyrrolo[(1,2,3-de)-1,4-benzoxazin-6-yl]-1-n apthalenylmethanone. (Z) Any synthetic cannabinoid, as defined in Section 26001 of the Business and Professions Code. (d) The substances or analogs of substances identified in subdivision (c) may be lawfully obtained and used for bona fide research, instruction, or analysis if that possession and use does not violate federal law. (e) As used in this section, “synthetic cannabinoid compound” does not include either of the following: (1) Any substance for which there is an approved new drug application, as defined in Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355) or which is generally recognized as safe and effective for use pursuant to Section 501, 502, and 503 of the federal Food, Drug, and Cosmetic Act and Title 21 of the Code of Federal Regulations. (2) With respect to a particular person, any substance for which an exemption is in effect for investigational use for that person pursuant to Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355), to the extent that the conduct with respect to that substance is pursuant to the exemption. (Amended by Stats. 2025, Ch. 248, Sec. 27. (AB 8) Effective January 1, 2026.)
  127. 11358.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section punishes people who plant, cultivate, harvest, dry, or process cannabis plants, with different penalties based on age, number of plants, and aggravating conditions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows: (a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357. (b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100). (c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (2) The person has two or more prior convictions under subdivision (c). (3) The offense resulted in any of the following: (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water. (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water. (C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state. (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes. (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste. (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife. (G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources. (Amended by Stats. 2023, Ch. 504, Sec. 1. (SB 753) Effective January 1, 2024. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
  128. 11359.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    People who possess cannabis for sale are subject to punishment, with different penalties depending on age and prior convictions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11359. Every person who possesses for sale any cannabis, except as otherwise provided by law, shall be punished as follows: (a) Every person under the age of 18 who possesses cannabis for sale shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357. (b) Every person 18 years of age or over who possesses cannabis for sale shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment. (c) Notwithstanding subdivision (b), a person 18 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code; (2) The person has two or more prior convictions under subdivision (b); or (3) The offense occurred in connection with the knowing sale or attempted sale of cannabis to a person under the age of 18 years. (d) Notwithstanding subdivision (b), a person 21 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if the offense involves knowingly hiring, employing, or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparing for sale, or peddling any cannabis. (Amended by Stats. 2017, Ch. 27, Sec. 124. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
  129. 11360.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section punishes transporting, importing, selling, furnishing, administering, giving away, or offering/attempting those acts for cannabis, with different penalties based on age, quantity, and prior convictions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11360. (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any cannabis shall be punished as follows: (1) Persons under the age of 18 years shall be punished in the same manner as provided in paragraph (1) of subdivision (b) of Section 11357. (2) Persons 18 years of age or over shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment. (3) Notwithstanding paragraph (2), a person 18 years of age or over may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years if: (A) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code; (B) The person has two or more prior convictions under paragraph (2); (C) The offense involved the knowing sale, attempted sale, or the knowing offer to sell, furnish, administer, or give away cannabis to a person under the age of 18 years; or (D) The offense involved the import, offer to import, or attempted import into this state, or the transport for sale, offer to transport for sale, or attempted transport for sale out of this state, of more than 28.5 grams of cannabis or more than four grams of concentrated cannabis. (b) Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of cannabis, other than concentrated cannabis, is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, that person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his or her written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking. (c) For purposes of this section, “transport” means to transport for sale. (d) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses. (Amended by Stats. 2017, Ch. 27, Sec. 125. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
  130. 11361.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    Adults 18 or older who use minors in unlawful cannabis activity, sell or offer cannabis to minors, or give or offer cannabis to minors face state prison terms.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11361. (a) A person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any cannabis or cannabis product, who unlawfully sells, or offers to sell, any cannabis or cannabis product to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any cannabis or cannabis product to a minor under 14 years of age, or who induces a minor to use cannabis or cannabis product in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years. (b) A person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any cannabis or cannabis product to a minor 14 years of age or older in violation of law shall be punished by imprisonment in the state prison for a period of three, four, or five years. (Amended by Stats. 2025, Ch. 248, Sec. 28. (AB 8) Effective January 1, 2026.)
  131. 11361.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    Drug education and counseling under the listed cannabis sections is mandatory unless the court finds it unnecessary or unavailable; the court may also grant up to a 30-day extension for good cause.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11361.1. (a) The drug education and counseling requirements under Sections 11357, 11358, 11359, and 11360 shall be: (1) Mandatory, unless the court finds that such drug education or counseling is unnecessary for the person, or that a drug education or counseling program is unavailable; (2) Free to participants, and shall consist of at least four hours of group discussion or instruction based on science and evidence-based principles and practices specific to the use and abuse of cannabis and other controlled substances. (b) For good cause, the court may grant an extension of time not to exceed 30 days for a person to complete the drug education and counseling required under Sections 11357, 11358, 11359, and 11360. (Amended by Stats. 2017, Ch. 27, Sec. 127. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  132. 11361.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    Certain cannabis-related arrest and conviction records generally must be destroyed after two years, with 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 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11361.5. (a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of Section 11357 or subdivision (b) of Section 11360, or pertaining to the arrest or conviction of any person under the age of 18 for a violation of any provision of this article except Section 11357.5, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, except with respect to a violation of subdivision (d) of Section 11357, or any other violation by a person under the age of 18 occurring upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs, the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. A court or agency having custody of the records, including the statewide criminal databases, shall provide for the timely destruction of the records in accordance with subdivision (c), and those records shall also be purged from the statewide criminal databases. As used in this subdivision, “records pertaining to the arrest or conviction” shall include records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted or charges were dismissed. The two-year period beyond which records shall not be kept pursuant to this subdivision does not apply to any person who is, at the time at which this subdivision would otherwise require record destruction, incarcerated for an offense subject to this subdivision. For such persons, the two-year period shall commence from the date the person is released from custody. The requirements of this subdivision do not apply to records of any conviction occurring before January 1, 1976, or records of any arrest not followed by a conviction occurring before that date, or records of any arrest for an offense specified in subdivision (c) of Section 1192.7, or subdivision (c) of Section 667.5, of the Penal Code. (b) This subdivision applies only to records of convictions and arrests not followed by conviction occurring before January 1, 1976, for any of the following offenses: (1) A violation of Section 11357 or a statutory predecessor thereof. (2) Unlawful possession of a device, contrivance, instrument, or paraphernalia used for unlawfully smoking cannabis, in violation of Section 11364, as it existed before January 1, 1976, or a statutory predecessor thereof. (3) Unlawful visitation or presence in a room or place in which cannabis is being unlawfully smoked or used, in violation of Section 11365, as it existed before January 1, 1976, or a statutory predecessor thereof. (4) Unlawfully using or being under the influence of cannabis, in violation of Section 11550, as it existed before January 1, 1976, or a statutory predecessor thereof. (A) A person subject to an arrest or conviction for those offenses may apply to the Department of Justice for destruction of records pertaining to the arrest or conviction if two or more years have elapsed since the date of the conviction, or since the date of the arrest if not followed by a conviction. The application shall be submitted upon a form supplied by the Department of Justice and shall be accompanied by a fee, which shall be established by the department in an amount which will defray the cost of administering this subdivision and costs incurred by the state under subdivision (c), but which shall not exceed thirty-seven dollars and fifty cents ($37.50). The application form may be made available at every local police or sheriff’s department and from the Department of Justice and may require that information which the department determines is necessary for purposes of identification. (B) The department may request, but not require, the applicant to include a self-administered fingerprint upon the application. If the department is unable to sufficiently identify the applicant for purposes of this subdivision without the fingerprint or without additional fingerprints, it shall so notify the applicant and shall request the applicant to submit any fingerprints which may be required to effect identification, including a complete set if necessary, or, alternatively, to abandon the application and request a refund of all or a portion of the fee submitted with the application, as provided in this section. If the applicant fails or refuses to submit fingerprints in accordance with the department’s request within a reasonable time which shall be established by the department, or if the applicant requests a refund of the fee, the department shall promptly mail a refund to the applicant at the address specified in the application or at any other address which may be specified by the applicant. However, if the department has notified the applicant that election to abandon the application will result in forfeiture of a specified amount which is a portion of the fee, the department may retain a portion of the fee which the department determines will defray the actual costs of processing the application, provided the amount of the portion retained shall not exceed ten dollars ($10). (C) Upon receipt of a sufficient application, the Department of Justice shall destroy records of the department, if any, pertaining to the arrest or conviction in the manner prescribed by subdivision (c) and shall notify the Federal Bureau of Investigation, the law enforcement agency which arrested the applicant, and, if the applicant was convicted, the probation department which investigated the applicant and the Department of Motor Vehicles, of the application. (c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed. (d) Notwithstanding subdivision (a) or (b), written transcriptions of oral testimony in court proceedings and published judicial appellate reports are not subject to this section. Additionally, no records shall be destroyed pursuant to subdivision (a) if the defendant or a codefendant has filed a civil action against the peace officers or law enforcement jurisdiction which made the arrest or instituted the prosecution and if the agency which is the custodian of those records has received a certified copy of the complaint in the civil action, until the civil action has finally been resolved. Immediately following the final resolution of the civil action, records subject to subdivision (a) shall be destroyed pursuant to subdivision (c) if more than two years have elapsed from the date of the conviction or arrest without conviction. (Amended by Stats. 2018, Ch. 92, Sec. 140. (SB 1289) Effective January 1, 2019. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
  133. 11361.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    Public agencies may not take specified adverse actions against a person’s licenses, rights, or similar interests because of covered arrests or convictions, and covered persons may later deny that arrest or conviction in response to questions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11361.7. (a) Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more than two years of age, or a record of a conviction for an offense specified in subdivision (a) or (b) of Section 11361.5 which became final more than two years previously, shall not be considered to be accurate, relevant, timely, or complete for any purposes by any agency or person. The provisions of this subdivision shall be applicable for purposes of the Privacy Act of 1974 (5 U.S.C. Section 552a) to the fullest extent permissible by law, whenever any information or record subject to destruction or permanent obliteration under Section 11361.5 was obtained by any state agency, local public agency, or any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, and is thereafter shared with or disseminated to any agency of the federal government. (b) No public agency shall alter, amend, assess, condition, deny, limit, postpone, qualify, revoke, surcharge, or suspend any certificate, franchise, incident, interest, license, opportunity, permit, privilege, right, or title of any person because of an arrest or conviction for an offense specified in subdivision (a) or (b) of Section 11361.5, or because of the facts or events leading to such an arrest or conviction, on or after the date the records of such arrest or conviction are required to be destroyed by subdivision (a) of Section 11361.5, or two years from the date of such conviction or arrest without conviction with respect to arrests and convictions occurring prior to January 1, 1976. As used in this subdivision, “public agency” includes, but is not limited to, any state, county, city and county, city, public or constitutional corporation or entity, district, local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency thereof. (c) Any person arrested or convicted for an offense specified in subdivision (a) or (b) of Section 11361.5 may, two years from the date of such a conviction, or from the date of the arrest if there was no conviction, indicate in response to any question concerning his prior criminal record that he was not arrested or convicted for such offense. (d) The provisions of this section shall be applicable without regard to whether destruction or obliteration of records has actually been implemented pursuant to Section 11361.5. (Added by Stats. 1976, Ch. 952.)
  134. 11361.8.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section lets certain people ask the trial court to recall, dismiss, seal, or redesignate marijuana-related convictions, and requires the court to grant relief unless public-safety risk is shown.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11361.8. (a) A person currently serving a sentence for a conviction, whether by trial or by open or negotiated plea, who would not have been guilty of an offense, or who would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use of Marijuana Act had that act been in effect at the time of the offense may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in their case to request resentencing or dismissal in accordance with Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 as those sections have been amended or added by that act. (b) Upon receiving a petition under subdivision (a), the court shall presume the petitioner satisfies the criteria in subdivision (a) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in subdivision (a), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid unless the court determines that granting the petition would pose an unreasonable risk of danger to public safety. (1) In exercising its discretion, the court may consider, but shall not be limited to evidence provided for in subdivision (b) of Section 1170.18 of the Penal Code. (2) As used in this section, “unreasonable risk of danger to public safety” has the same meaning as provided in subdivision (c) of Section 1170.18 of the Penal Code. (c) A person who is serving a sentence and is resentenced pursuant to subdivision (b) shall be given credit for any time already served and shall be subject to supervision for one year following completion of their time in custody or shall be subject to whatever supervision time they would have otherwise been subject to after release, whichever is shorter, unless the court, in its discretion, as part of its resentencing order, releases the person from supervision. Such person is subject to parole supervision under Section 3000.08 of the Penal Code or postrelease community supervision under subdivision (a) of Section 3451 of the Penal Code by the designated agency and the jurisdiction of the court in the county in which the offender is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke supervision and impose a term of custody. (d) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence, or the reinstatement of charges dismissed pursuant to a negotiated plea agreement. (e) A person who has completed their sentence whether by trial or open or negotiated plea, who would not have been guilty of the conviction offense under the Control, Regulate and Tax Adult Use of Marijuana Act had that act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction dismissed and sealed because the prior conviction is now legally invalid or redesignated as a misdemeanor or infraction in accordance with Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 as those sections have been amended or added by that act. (f) The court shall presume the petitioner satisfies the criteria in subdivision (e) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in subdivision (e). Once the applicant satisfies the criteria in subdivision (e), the court shall redesignate the conviction as a misdemeanor or infraction or dismiss and seal the conviction as legally invalid as now established under the Control, Regulate and Tax Adult Use of Marijuana Act. (g) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subdivision (e). (h) Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor or infraction under subdivision (f) shall be considered a misdemeanor or infraction for all purposes. Any misdemeanor conviction that is recalled and resentenced under subdivision (b) or designated as an infraction under subdivision (f) shall be considered an infraction for all purposes. (i) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. (j) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. (k) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of the Control, Regulate and Tax Adult Use of Marijuana Act. (l) A resentencing hearing ordered under the Control, Regulate and Tax Adult Use of Marijuana Act shall constitute a “post-conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law). (m) The provisions of this section shall apply equally to juvenile delinquency adjudications and dispositions under Section 602 of the Welfare and Institutions Code if the juvenile would not have been guilty of an offense or would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use of Marijuana Act. (n) The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section. (Amended by Stats. 2021, Ch. 434, Sec. 2. (SB 827) Effective January 1, 2022.)
  135. 11361.9.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section requires the Department of Justice, prosecution, courts, and public defender’s office to review, notify, update, and report on eligible cannabis-related convictions and criminal history records by set deadlines.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11361.9. (a) On or before July 1, 2019, the Department of Justice shall review the records in the state summary criminal history information database and shall identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8. The department shall notify the prosecution of all cases in their jurisdiction that are eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation. (b) The prosecution shall have until July 1, 2020, to review all cases and determine whether to challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation. (c) (1) The prosecution may challenge the resentencing of a person who is still serving a sentence pursuant to this section when the person does not meet the criteria established in Section 11361.8. (2) The prosecution may challenge the dismissal and sealing or redesignation of a person pursuant to this section who has completed their sentence for a conviction when the person does not meet the criteria established in Section 11361.8. (3) On or before July 1, 2020, the prosecution shall inform the court and the public defender’s office in their county when they are challenging a particular recall or dismissal of sentence, dismissal and sealing, or redesignation. The prosecution shall inform the court when they are not challenging a particular recall or dismissal of sentence, dismissal and sealing, or redesignation. (4) The public defender’s office, upon receiving notice from the prosecution pursuant to paragraph (3), shall make a reasonable effort to notify the person whose resentencing or dismissal is being challenged. (d) (1) If the prosecution did not challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation of a conviction on or before July 1, 2020, the conviction shall be deemed unchallenged, recalled, dismissed, and redesignated, as applicable, and the court shall issue an order recalling or dismissing the sentence, dismissing and sealing, or redesignating the conviction in each case pursuant to Section 11361.8 no later than March 1, 2023. (2) On or before March 1, 2023, the court shall update its records in accordance with this section and shall report all convictions that have been recalled, dismissed, redesignated, or sealed to the Department of Justice for adjustment of the state summary criminal history information database. (3) On or before July 1, 2023, the Department of Justice shall ensure all of the records in the state summary criminal history information database that have been recalled, dismissed, sealed, or redesignated pursuant to this section have been updated, and shall ensure that inaccurate state summary criminal history is not disseminated. For those individuals whose state summary criminal history information was disseminated pursuant to Section 11105 of the Penal Code in the 30 days prior to an update based on this section, and the requesting entity is still entitled to receive the state summary criminal history information, the Department of Justice shall provide a subsequent notice to the entity. (e) The Department of Justice shall post general information on its internet website about the recall or dismissal of sentences, dismissal and sealing, or redesignation authorized in this section. The department shall conduct an awareness campaign about the recall or dismissal of sentences, dismissal and sealing, or redesignation authorized in this section so that individuals who may be impacted by this process are informed of the process, pursuant to Article 5 (commencing with Section 11120) of Chapter 1 of Title 1 of Part 4 of the Penal Code, to request their criminal history information to verify the updates or how to contact the courts, prosecution, or public defenders’ offices to assist in verifying the updates. If an individual requests their criminal history information to verify updates to their criminal history made pursuant to this section, the department may provide a one-time fee waiver of its fees under Section 11123 of the Penal Code for processing and responding to the request. (f) A conviction, arrest, or other proceeding that has been ordered sealed pursuant to Section 11361.8 is deemed never to have occurred, and the person may reply accordingly to any inquiry about the events. (g) Courts that have previously eliminated court records covered by this article pursuant to Sections 68152 and 68153 of the Government Code are compliant with the provisions of subdivision (c) of Section 11361.5. Courts that have previously eliminated court records covered by this article pursuant to Sections 68152 and 68153 of the Government Code shall report to the Department of Justice, in a manner prescribed by the Department of Justice, that the relevant records have been destroyed and that the records are otherwise reduced, dismissed, or sealed in accordance with this section. (h) Beginning March 1, 2023, and until June 1, 2024, the Department of Justice, in consultation with the Judicial Council, shall submit quarterly joint progress reports to the Legislature that include, but are not limited to, all of the following information: (1) Total number of cases recalled, dismissed, resentenced, sealed, and redesignated in each county and the status of the department’s update to the state summary criminal history database. (2) Status of cases challenged by the prosecution and all relevant statistical information regarding the disposition of the challenged cases in each county. (3) The number of past convictions in the state summary criminal history database that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8. (4) The status of the department’s public awareness campaign to provide notification to impacted individuals. (i) It is the intent of the Legislature that persons who are currently serving a sentence or who proactively petition for a recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to Section 11361.8 be prioritized for review. (Amended by Stats. 2023, Ch. 131, Sec. 108. (AB 1754) Effective January 1, 2024.)
  136. 11362.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section defines when an offense counts as a felony offense or as punishable as a felony.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362. As used in this article “felony offense,” and offense “punishable as a felony” refer to an offense prior to July 1, 2011, for which the law prescribes imprisonment in the state prison, or for an offense on or after July 1, 2011, imprisonment in either the state prison or pursuant to subdivision (h) of Section 1170 of the Penal Code, as either an alternative or the sole penalty, regardless of the sentence the particular defendant received. (Amended by Stats. 2011, Ch. 15, Sec. 163. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  137. 11362.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    Adults 21 or older may lawfully possess, use, grow, and transfer limited amounts of cannabis and cannabis accessories, subject to specified sections and quantity limits.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362.1. (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis; (2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products; (3) Possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants; (4) Smoke or ingest cannabis or cannabis products; and (5) Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without any compensation whatsoever. (b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subsection (f) of Section 863 of Title 21 of the United States Code (21 U.S.C. Sec. 863(f)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute cannabis accessories. (c) Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest. (Amended by Stats. 2017, Ch. 27, Sec. 129. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  138. 11362.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    Personal cannabis cultivation is allowed only subject to the section’s restrictions, including local ordinances, plant-storage limits, and a six-plant maximum; local governments may regulate it, but cannot fully ban indoor cultivation in protected residential settings.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362.2. (a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions: (1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b). (2) The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place. (3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (b) (1) A city, county, or city and county may enact and enforce reasonable regulations to regulate the actions and conduct in paragraph (3) of subdivision (a) of Section 11362.1. (2) Notwithstanding paragraph (1), a city, county, or city and county shall not completely prohibit persons engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure. (3) Notwithstanding paragraph (3) of subdivision (a) of Section 11362.1, a city, county, or city and county may completely prohibit persons from engaging in actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence. (4) Paragraph (3) shall become inoperative upon a determination by the California Attorney General that adult use of cannabis is lawful in the State of California under federal law, and an act taken by a city, county, or city and county under paragraph (3) is unenforceable upon the date of that determination by the Attorney General. (5) For purposes of this section, “private residence” means a house, an apartment unit, a mobile home, or other similar dwelling. (Amended by Stats. 2017, Ch. 27, Sec. 130. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  139. 11362.3.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section forbids several cannabis activities, including smoking or ingesting cannabis in public places, near schools and youth centers under listed conditions, while driving or riding in vehicles, and manufacturing concentrated cannabis with volatile solvents unless licensed.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362.3. (a) Section 11362.1 does not permit any person to: (1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code. (2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited. (3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present. (4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation. (5) Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present. (6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Division 10 (commencing with Section 26000) of the Business and Professions Code. (7) Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation. (8) Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under 21 years of age are present. (b) For purposes of this section, the following definitions apply: (1) “Day care center” has the same meaning as in Section 1596.76. (2) “Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place. (3) “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. (4) “Youth center” has the same meaning as in Section 11353.1. (c) Nothing in this section shall be construed or interpreted to amend, repeal, affect, restrict, or preempt laws pertaining to the Compassionate Use Act of 1996. (Amended by Stats. 2017, Ch. 27, Sec. 131. (SB 94) Effective June 27, 2017. Note: This section was added on November 8, 2016, by initiative Proposition 64.)
  140. 11362.4.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section sets fines and alternate youth sanctions for certain cannabis-related infractions, and lets the court extend the time to complete required education or community service for good cause.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362.4. (a) A person who engages in the conduct described in paragraph (1) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than a one-hundred-dollar ($100) fine; provided, however, that persons under 18 years of age shall instead be required to complete four hours of a drug education program or counseling, and up to 10 hours of community service, over a period not to exceed 60 days once the drug education program or counseling and community service opportunity are made available to the person. (b) A person who engages in the conduct described in paragraph (2), (3), or (4) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than a two-hundred-fifty-dollar ($250) fine, unless that activity is otherwise permitted by state and local law; provided, however, that a person under 18 years of age shall instead be required to complete four hours of drug education or counseling, and up to 20 hours of community service, over a period not to exceed 90 days once the drug education program or counseling and community service opportunity are made available to the person. (c) A person who engages in the conduct described in paragraph (5) of subdivision (a) of Section 11362.3 is subject to the same punishment as provided under subdivision (c) or (d) of Section 11357. (d) A person who engages in the conduct described in paragraph (6) of subdivision (a) of Section 11362.3 is subject to punishment under Section 11379.6. (e) A person who violates the restrictions in subdivision (a) of Section 11362.2 is guilty of an infraction punishable by no more than a two-hundred-fifty-dollar ($250) fine. (f) Notwithstanding subdivision (e), a person under 18 years of age who violates the restrictions in subdivision (a) of Section 11362.2 shall be punished under paragraph (1) of subdivision (b) of Section 11357. (g) (1) The drug education program or counseling hours required by this section shall be mandatory unless the court makes a finding that the program or counseling is unnecessary for the person or that a drug education program or counseling is unavailable. (2) The drug education program required by this section for persons under 18 years of age shall be free to participants and provide at least four hours of group discussion or instruction based on science and evidence-based principles and practices specific to the use and abuse of cannabis and other controlled substances. (h) Upon a finding of good cause, the court may extend the time for a person to complete the drug education or counseling, and community service required under this section. (Amended by Stats. 2018, Ch. 92, Sec. 141. (SB 1289) Effective January 1, 2019. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  141. 11362.45.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    Section 11362.45 says Section 11362.1 does not change or limit several existing laws and policies, including DUI laws, under-21 cannabis restrictions, correctional-facility rules, malpractice rules, employer workplace policies, and property-based restrictions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362.45. Section 11362.1 does not amend, repeal, affect, restrict, or preempt: (a) Laws making it unlawful to drive or operate a vehicle, boat, vessel, or aircraft, while smoking, ingesting, or impaired by, cannabis or cannabis products, including, but not limited to, subdivision (e) of Section 23152 of the Vehicle Code, or the penalties prescribed for violating those laws. (b) Laws prohibiting the sale, administering, furnishing, or giving away of cannabis, cannabis products, or cannabis accessories, or the offering to sell, administer, furnish, or give away cannabis, cannabis products, or cannabis accessories to a person younger than 21 years of age. (c) Laws prohibiting a person younger than 21 years of age from engaging in any of the actions or conduct otherwise permitted under Section 11362.1. (d) Laws pertaining to smoking or ingesting cannabis or cannabis products on the grounds of, or within, any facility or institution under the jurisdiction of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or on the grounds of, or within, any other facility or institution referenced in Section 4573 of the Penal Code. (e) Laws providing that it would constitute negligence or professional malpractice to undertake any task while impaired from smoking or ingesting cannabis or cannabis products. (f) The rights and obligations of public and private employers to maintain a drug and alcohol free workplace or require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace, or affect the ability of employers to have policies prohibiting the use of cannabis by employees and prospective employees, or prevent employers from complying with state or federal law. (g) The ability of a state or local government agency to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 within a building owned, leased, or occupied by the state or local government agency. (h) The ability of an individual or private entity to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 on the individual’s or entity’s privately owned property. (i) Laws pertaining to the Compassionate Use Act of 1996. (Amended by Stats. 2017, Ch. 27, Sec. 133. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  142. 11362.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section recognizes medical marijuana-related rights and exempts certain patients and primary caregivers from specified marijuana possession and cultivation provisions when a physician recommends or approves the use.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction. (C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. (2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes. (c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. (d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. (e) For the purposes of this section, “primary caregiver” means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person. (Added November 5, 1996, by initiative Proposition 215, Sec. 1.)
  143. 11362.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    This section defines terms used in the Medical Marijuana Program, including attending physician, department, primary caregiver, qualified patient, identification card, serious medical condition, and written documentation.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.7. For purposes of this article, the following definitions shall apply: (a) “Attending physician” means an individual who possesses a license in good standing to practice medicine, podiatry, or osteopathy issued by the Medical Board of California, the California Board of Podiatric Medicine, or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient’s medical record the physician’s assessment of whether the patient has a serious medical condition and whether the medical use of cannabis is appropriate. (b) “Department” means the State Department of Public Health. (c) “Person with an identification card” means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this article. (d) “Primary caregiver” means the individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient, and may include any of the following: (1) In a case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2, a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2, a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2, a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2, the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card. (2) An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver. (3) An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card. (e) A primary caregiver shall be at least 18 years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Section 6922, 7002, 7050, or 7120 of the Family Code. (f) “Qualified patient” means a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article. (g) “Identification card” means a document issued by the department that identifies a person authorized to engage in the medical use of cannabis and the person’s designated primary caregiver, if any. (h) “Serious medical condition” means all of the following medical conditions: (1) Acquired immune deficiency syndrome (AIDS). (2) Anorexia. (3) Arthritis. (4) Cachexia. (5) Cancer. (6) Chronic pain. (7) Glaucoma. (8) Migraine. (9) Persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis. (10) Seizures, including, but not limited to, seizures associated with epilepsy. (11) Severe nausea. (12) Any other chronic or persistent medical symptom that either: (A) Substantially limits the ability of the person to conduct one or more major life activities as defined in the federal Americans with Disabilities Act of 1990 (Public Law 101-336). (B) If not alleviated, may cause serious harm to the patient’s safety or physical or mental health. (i) “Written documentation” means accurate reproductions of those portions of a patient’s medical records that have been created by the attending physician, that contain the information required by paragraph (2) of subdivision (a) of Section 11362.715, and that the patient may submit as part of an application for an identification card. (Amended by Stats. 2017, Ch. 775, Sec. 112. (SB 798) Effective January 1, 2018.)
  144. 11362.71.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    The department must run a voluntary identification card program for qualified patients and provide verification support; county health departments must process applications and issue cards; valid cardholders are protected from arrest for specified medicinal cannabis activity unless fraud or other violations are suspected.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.71. (a) (1) The department shall establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy the requirements of this article and voluntarily apply to the identification card program. (2) The department shall establish and maintain a 24-hour, toll-free telephone number that will enable state and local law enforcement officers to have immediate access to information necessary to verify the validity of an identification card issued by the department, until a cost-effective Internet Web-based system can be developed for this purpose. (b) Every county health department, or the county’s designee, shall do all of the following: (1) Provide applications upon request to individuals seeking to join the identification card program. (2) Receive and process completed applications in accordance with Section 11362.72. (3) Maintain records of identification card programs. (4) Utilize protocols developed by the department pursuant to paragraph (1) of subdivision (d). (5) Issue identification cards developed by the department to approved applicants and designated primary caregivers. (c) The county board of supervisors may designate another health-related governmental or nongovernmental entity or organization to perform the functions described in subdivision (b), except for an entity or organization that cultivates or distributes cannabis. (d) The department shall develop all of the following: (1) Protocols that shall be used by a county health department or the county’s designee to implement the responsibilities described in subdivision (b), including, but not limited to, protocols to confirm the accuracy of information contained in an application and to protect the confidentiality of program records. (2) Application forms that shall be issued to requesting applicants. (3) An identification card that identifies a person authorized to engage in the medical use of cannabis and an identification card that identifies the person’s designated primary caregiver, if any. The two identification cards developed pursuant to this paragraph shall be easily distinguishable from each other. (e) No person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medicinal cannabis in an amount established pursuant to this article, unless there is probable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article. (f) It shall not be necessary for a person to obtain an identification card in order to claim the protections of Section 11362.5. (Amended by Stats. 2017, Ch. 27, Sec. 135. (SB 94) Effective June 27, 2017.)
  145. 11362.712.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    A qualified patient must have a physician’s recommendation that meets the cited Business and Professions Code requirements, and county health departments or their designees must set up protocols for issued ID cards to be supported by that recommendation.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.712. (a) Commencing on January 1, 2018, a qualified patient must possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code. Failure to comply with this requirement shall not, however, affect any of the protections provided to patients or their primary caregivers by Section 11362.5. (b) A county health department or the county’s designee shall develop protocols to ensure that, commencing upon January 1, 2018, all identification cards issued pursuant to Section 11362.71 are supported by a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code. (Added November 8, 2016, by initiative Proposition 64, Sec. 5.1.)
  146. 11362.713.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    Public health agencies must keep certain patient-identifying information confidential, notify the patient within 24 hours of a disclosure request, and avoid disclosing it until at least the 10th day after contact.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.713. (a) Information identifying the names, addresses, or social security numbers of patients, their medical conditions, or the names of their primary caregivers, received and contained in the records of the State Department of Public Health and by any county public health department are hereby deemed “medical information” within the meaning of the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and shall not be disclosed by the department or by any county public health department except in accordance with the restrictions on disclosure of individually identifiable information under the Confidentiality of Medical Information Act. (b) Within 24 hours of receiving any request to disclose the name, address, or social security number of a patient, their medical condition, or the name of their primary caregiver, the State Department of Public Health or any county public health agency shall contact the patient and inform the patient of the request and if the request was made in writing, a copy of the request. (c) Notwithstanding Section 56.10 of the Civil Code, neither the State Department of Public Health, nor any county public health agency, shall disclose, nor shall they be ordered by agency or court to disclose, the names, addresses, or social security numbers of patients, their medical conditions, or the names of their primary caregivers, sooner than the 10th day after which the patient whose records are sought to be disclosed has been contacted. (d) No identification card application system or database used or maintained by the State Department of Public Health or by any county department of public health or the county’s designee as provided in Section 11362.71 shall contain any personal information of any qualified patient, including, but not limited to, the patient’s name, address, social security number, medical conditions, or the names of their primary caregivers. Such an application system or database may only contain a unique user identification number, and when that number is entered, the only information that may be provided is whether the card is valid or invalid. (Added November 8, 2016, by initiative Proposition 64, Sec. 5.2.)
  147. 11362.715.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    People applying for an identification card must pay the fee and submit listed information and documents to the county health department or its designee.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.715. (a) A person who seeks an identification card shall pay the fee, as provided in Section 11362.755, and provide all of the following to the county health department or the county’s designee on a form developed and provided by the department: (1) The name of the person and proof of his or her residency within the county. (2) Written documentation by the attending physician in the person’s medical records stating that the person has been diagnosed with a serious medical condition and that the medicinal use of cannabis is appropriate. (3) The name, office address, office telephone number, and California medical license number of the person’s attending physician. (4) The name and the duties of the primary caregiver. (5) A government-issued photo identification card of the person and of the designated primary caregiver, if any. If the applicant is a person under 18 years of age, a certified copy of a birth certificate shall be deemed sufficient proof of identity. (b) If the person applying for an identification card lacks the capacity to make medical decisions, the application may be made by the person’s legal representative, including, but not limited to, any of the following: (1) A conservator with authority to make medical decisions. (2) An attorney-in-fact under a durable power of attorney for health care or surrogate decisionmaker authorized under another advanced health care directive. (3) Any other individual authorized by statutory or decisional law to make medical decisions for the person. (c) The legal representative described in subdivision (b) may also designate in the application an individual, including himself or herself, to serve as a primary caregiver for the person, provided that the individual meets the definition of a primary caregiver. (d) The person or legal representative submitting the written information and documentation described in subdivision (a) shall retain a copy thereof. (Amended by Stats. 2017, Ch. 27, Sec. 136. (SB 94) Effective June 27, 2017.)
  148. 11362.72.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    County health officials must process identification card applications, verify information, and issue cards or temporary cards within stated deadlines.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.72. (a) Within 30 days of receipt of an application for an identification card, a county health department or the county’s designee shall do all of the following: (1) For purposes of processing the application, verify that the information contained in the application is accurate. If the person is less than 18 years of age, the county health department or its designee shall also contact the parent with legal authority to make medical decisions, legal guardian, or other person or entity with legal authority to make medical decisions, to verify the information. (2) Verify with the Medical Board of California or the Osteopathic Medical Board of California that the attending physician has a license in good standing to practice medicine or osteopathy in the state. (3) Contact the attending physician by facsimile, telephone, or mail to confirm that the medical records submitted by the patient are a true and correct copy of those contained in the physician’s office records. When contacted by a county health department or the county’s designee, the attending physician shall confirm or deny that the contents of the medical records are accurate. (4) Take a photograph or otherwise obtain an electronically transmissible image of the applicant and of the designated primary caregiver, if any. (5) Approve or deny the application. If an applicant who meets the requirements of Section 11362.715 can establish that an identification card is needed on an emergency basis, the county or its designee shall issue a temporary identification card that shall be valid for 30 days from the date of issuance. The county, or its designee, may extend the temporary identification card for no more than 30 days at a time, so long as the applicant continues to meet the requirements of this paragraph. (b) If the county health department or the county’s designee approves the application, it shall, within 24 hours, or by the end of the next working day of approving the application, electronically transmit the following information to the department: (1) A unique user identification number of the applicant. (2) The date of expiration of the identification card. (3) The name and telephone number of the county health department or the county’s designee that has approved the application. (c) The county health department or the county’s designee shall issue an identification card to the applicant and to his or her designated primary caregiver, if any, within five working days of approving the application. (d) In any case involving an incomplete application, the applicant shall assume responsibility for rectifying the deficiency. The county shall have 14 days from the receipt of information from the applicant pursuant to this subdivision to approve or deny the application. (Added by Stats. 2003, Ch. 875, Sec. 2. Effective January 1, 2004.)
  149. 11362.735.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    The county health department must issue serially numbered identification cards with required information, and it must issue a separate card for any designated primary caregiver.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.735. (a) An identification card issued by the county health department shall be serially numbered and shall contain all of the following: (1) A unique user identification number of the cardholder. (2) The date of expiration of the identification card. (3) The name and telephone number of the county health department or the county’s designee that has approved the application. (4) A 24-hour, toll-free telephone number, to be maintained by the department, that will enable state and local law enforcement officers to have immediate access to information necessary to verify the validity of the card. (5) Photo identification of the cardholder. (b) A separate identification card shall be issued to the person’s designated primary caregiver, if any, and shall include a photo identification of the caregiver. (Added by Stats. 2003, Ch. 875, Sec. 2. Effective January 1, 2004.)
  150. 11362.74.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    A county health department or its designee may deny an application only for listed reasons, and a denied applicant generally cannot reapply for six months but may appeal to the department.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.74. (a) The county health department or the county’s designee may deny an application only for any of the following reasons: (1) The applicant did not provide the information required by Section 11362.715, and upon notice of the deficiency pursuant to subdivision (d) of Section 11362.72, did not provide the information within 30 days. (2) The county health department or the county’s designee determines that the information provided was false. (3) The applicant does not meet the criteria set forth in this article. (b) Any person whose application has been denied pursuant to subdivision (a) may not reapply for six months from the date of denial unless otherwise authorized by the county health department or the county’s designee or by a court of competent jurisdiction. (c) Any person whose application has been denied pursuant to subdivision (a) may appeal that decision to the department. The county health department or the county’s designee shall make available a telephone number or address to which the denied applicant can direct an appeal. (Added by Stats. 2003, Ch. 875, Sec. 2. Effective January 1, 2004.)
  151. 11362.745.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    An identification card is valid for one year, and the county health department or its designee must review renewal information and send the approval or denial decision to the department.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.745. (a) An identification card shall be valid for a period of one year. (b) Upon annual renewal of an identification card, the county health department or its designee shall verify all new information and may verify any other information that has not changed. (c) The county health department or the county’s designee shall transmit its determination of approval or denial of a renewal to the department. (Added by Stats. 2003, Ch. 875, Sec. 2. Effective January 1, 2004.)
  152. 11362.755.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    County health departments or their designees may charge program fees, but the fee cannot exceed $100 per application or renewal. Medi-Cal beneficiaries get a 50% reduction, and certain qualified patients or guardians may have the fee waived. The Legislature must reimburse extra administrative costs if fee revenue is not enough and the county requests it.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.755. (a) Each county health department or the county’s designee may charge a fee for all costs incurred by the county or the county’s designee for administering the program pursuant to this article. (b) In no event shall the amount of the fee charged by a county health department exceed one hundred dollars ($100) per application or renewal. (c) Upon satisfactory proof of participation and eligibility in the Medi-Cal program, a Medi-Cal beneficiary shall receive a 50 percent reduction in the fees established pursuant to this section. (d) Upon satisfactory proof that a qualified patient, or the legal guardian of a qualified patient under the age of 18, is a medically indigent adult who is eligible for and participates in the County Medical Services Program, the fee established pursuant to this section shall be waived. (e) In the event the fees charged and collected by a county health department are not sufficient to pay for the administrative costs incurred in discharging the county health department’s duties with respect to the mandatory identification card system, the Legislature, upon request by the county health department, shall reimburse the county health department for those reasonable administrative costs in excess of the fees charged and collected by the county health department. (Amended November 8, 2016, by initiative Proposition 64, Sec. 5.3.)
  153. 11362.76.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    A person with an identification card must report certain changes to the county health department within seven days and must submit annual updated medical and caregiver information. If the person fails to comply, the card expires, and a designated caregiver’s card expires too.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.76. (a) A person who possesses an identification card shall: (1) Within seven days, notify the county health department or the county’s designee of any change in the person’s attending physician or designated primary caregiver, if any. (2) Annually submit to the county health department or the county’s designee the following: (A) Updated written documentation of the person’s serious medical condition. (B) The name and duties of the person’s designated primary caregiver, if any, for the forthcoming year. (b) If a person who possesses an identification card fails to comply with this section, the card shall be deemed expired. If an identification card expires, the identification card of any designated primary caregiver of the person shall also expire. (c) If the designated primary caregiver has been changed, the previous primary caregiver shall return his or her identification card to the department or to the county health department or the county’s designee. (d) If the owner or operator or an employee of the owner or operator of a provider has been designated as a primary caregiver pursuant to paragraph (1) of subdivision (d) of Section 11362.7, of the qualified patient or person with an identification card, the owner or operator shall notify the county health department or the county’s designee, pursuant to Section 11362.715, if a change in the designated primary caregiver has occurred. (Added by Stats. 2003, Ch. 875, Sec. 2. Effective January 1, 2004.)
  154. 11362.765.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    People listed in this section are exempt from criminal liability on that basis alone, if they comply with the article’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.765. (a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. This section does not authorize the individual to smoke or otherwise consume cannabis unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or distribute cannabis for profit. (b) Subdivision (a) shall apply to all of the following: (1) A qualified patient or a person with an identification card who transports or processes cannabis for his or her own personal medical use. (2) A designated primary caregiver who transports, processes, administers, delivers, or gives away cannabis for medical purposes, in amounts not exceeding those established in subdivision (a) of Section 11362.77, only to the qualified patient of the primary caregiver, or to the person with an identification card who has designated the individual as a primary caregiver. (3) An individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, in administering medicinal cannabis to the qualified patient or person or acquiring the skills necessary to cultivate or administer cannabis for medical purposes to the qualified patient or person. (c) A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided to an eligible qualified patient or person with an identification card to enable that person to use cannabis under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, shall not, on the sole basis of that fact, be subject to prosecution or punishment under Section 11359 or 11360. (Amended by Stats. 2017, Ch. 27, Sec. 137. (SB 94) Effective June 27, 2017.)
  155. 11362.768.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    Certain medicinal cannabis businesses may not be located within 600 feet of a school, with listed 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 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.768. (a) This section shall apply to individuals specified in subdivision (b) of Section 11362.765. (b) No medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medicinal cannabis pursuant to this article shall be located within a 600-foot radius of a school. (c) The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot on which the medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider is to be located without regard to intervening structures. (d) This section shall not apply to a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider that is also a licensed residential medical or elder care facility. (e) This section shall apply only to a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider that is authorized by law to possess, cultivate, or distribute medicinal cannabis and that has a storefront or mobile retail outlet which ordinarily requires a local business license. (f) Nothing in this section shall prohibit a city, county, or city and county from adopting ordinances or policies that further restrict the location or establishment of a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider. (g) This section does not preempt local ordinances, adopted prior to January 1, 2011, that regulate the location or establishment of a medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider. (h) For the purposes of this section, “school” means any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. (Amended by Stats. 2017, Ch. 27, Sec. 138. (SB 94) Effective June 27, 2017.)
  156. 11362.769.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    Medical cannabis cultivation must comply with state and local laws, and state agencies must address environmental impacts and coordinate enforcement when appropriate.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.769. Indoor and outdoor medical cannabis cultivation shall be conducted in accordance with state and local laws. State agencies, including, but not limited to, the Department of Food and Agriculture, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies shall address environmental impacts of medical cannabis cultivation and shall coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts. (Amended by Stats. 2016, Ch. 32, Sec. 66. (SB 837) Effective June 27, 2016.)
  157. 11362.77.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    Qualified patients, primary caregivers, and some cardholders may possess only limited amounts of cannabis, unless a physician recommendation supports more, and local governments may allow higher amounts.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.77. (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature cannabis plants per qualified patient. (b) If a qualified patient or primary caregiver has a physician’s recommendation that this quantity does not meet the qualified patient’s medical needs, the qualified patient or primary caregiver may possess an amount of cannabis consistent with the patient’s needs. (c) Counties and cities may retain or enact medicinal cannabis guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a). (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of cannabis under this section. (e) A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of cannabis consistent with this article. (Amended by Stats. 2017, Ch. 27, Sec. 139. (SB 94) Effective June 27, 2017.)
  158. 11362.78.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    State or local law enforcement agencies or officers must accept an identification card issued under this article, unless they have probable cause to believe the card information is false or fraudulent, or that the card is being used fraudulently.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.78. A state or local law enforcement agency or officer shall not refuse to accept an identification card issued pursuant to this article unless the state or local law enforcement agency or officer has probable cause to believe that the information contained in the card is false or fraudulent, or the card is being used fraudulently. (Amended by Stats. 2017, Ch. 27, Sec. 142. (SB 94) Effective June 27, 2017.)
  159. 11362.785.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    This section limits when the article requires workplace or jail-related accommodation for medicinal cannabis, protects incarcerated people’s ability to apply for an identification card, allows certain facilities to permit medicinal use in safe circumstances, and says health insurers do not have to cover reimbursement claims for medicinal cannabis.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.785. (a) Nothing in this article shall require any accommodation of medicinal use of cannabis on the property or premises of a place of employment or during the hours of employment or on the property or premises of a jail, correctional facility, or other type of penal institution in which prisoners reside or persons under arrest are detained. (b) Notwithstanding subdivision (a), a person shall not be prohibited or prevented from obtaining and submitting the written information and documentation necessary to apply for an identification card on the basis that the person is incarcerated in a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained. (c) This article does not prohibit a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained, from permitting a prisoner or a person under arrest who has an identification card, to use cannabis for medicinal purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility. (d) This article does not require a governmental, private, or any other health insurance provider or health care service plan to be liable for a claim for reimbursement for the medicinal use of cannabis. (Amended by Stats. 2017, Ch. 27, Sec. 143. (SB 94) Effective June 27, 2017.)
  160. 11362.79.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    Qualified patients and ID card holders are not authorized to smoke medicinal cannabis in several restricted places and situations.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.79. This article does not authorize a qualified patient or person with an identification card to engage in the smoking of medicinal cannabis under any of the following circumstances: (a) In a place where smoking is prohibited by law. (b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medicinal use occurs within a residence. (c) On a schoolbus. (d) While in a motor vehicle that is being operated. (e) While operating a boat. (Amended by Stats. 2017, Ch. 27, Sec. 144. (SB 94) Effective June 27, 2017.)
  161. 11362.795.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    Eligible defendants and parolees may ask to use medicinal cannabis under specified supervision conditions, and courts must record their decisions and reasons.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.795. (a) (1) Any criminal defendant who is eligible to use cannabis pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use medicinal cannabis while he or she is on probation or released on bail. (2) The court’s decision and the reasons for the decision shall be stated on the record and an entry stating those reasons shall be made in the minutes of the court. (3) During the period of probation or release on bail, if a physician recommends that the probationer or defendant use medicinal cannabis, the probationer or defendant may request a modification of the conditions of probation or bail to authorize the use of medicinal cannabis. (4) The court’s consideration of the modification request authorized by this subdivision shall comply with the requirements of this section. (b) (1) Any person who is to be released on parole from a jail, state prison, school, road camp, or other state or local institution of confinement and who is eligible to use medicinal cannabis pursuant to Section 11362.5 may request that he or she be allowed to use medicinal cannabis during the period he or she is released on parole. A parolee’s written conditions of parole shall reflect whether or not a request for a modification of the conditions of his or her parole to use medicinal cannabis was made, and whether the request was granted or denied. (2) During the period of the parole, where a physician recommends that the parolee use medicinal cannabis, the parolee may request a modification of the conditions of the parole to authorize the use of medicinal cannabis. (3) Any parolee whose request to use medicinal cannabis while on parole was denied may pursue an administrative appeal of the decision. Any decision on the appeal shall be in writing and shall reflect the reasons for the decision. (4) The administrative consideration of the modification request authorized by this subdivision shall comply with the requirements of this section. (Amended by Stats. 2017, Ch. 27, Sec. 145. (SB 94) Effective June 27, 2017.)
  162. 11362.8.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    A professional licensing board cannot punish a licensee solely for caregiver acts needed to serve a qualified patient or certain cardholders.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.8. A professional licensing board shall not impose a civil penalty or take other disciplinary action against a licensee based solely on the fact that the licensee has performed acts that are necessary or appropriate to carry out the licensee’s role as a designated primary caregiver to a person who is a qualified patient or who possesses a lawful identification card issued pursuant to Section 11362.72. However, this section shall not apply to acts performed by a physician relating to the discussion or recommendation of the medical use of cannabis to a patient. These discussions or recommendations, or both, shall be governed by Section 11362.5. (Amended by Stats. 2017, Ch. 27, Sec. 146. (SB 94) Effective June 27, 2017.)
  163. 11362.81.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    This section sets penalties for certain false, fraudulent, or confidentially improper acts involving medical marijuana identification cards, and directs the Attorney General to issue security guidelines for medicinal cannabis.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.81. (a) A person specified in subdivision (b) shall be subject to the following penalties: (1) For the first offense, imprisonment in the county jail for no more than six months or a fine not to exceed one thousand dollars ($1,000), or both. (2) For a second or subsequent offense, imprisonment in the county jail for no more than one year, or a fine not to exceed one thousand dollars ($1,000), or both. (b) Subdivision (a) applies to any of the following: (1) A person who fraudulently represents a medical condition or fraudulently provides any material misinformation to a physician, county health department or the county’s designee, or state or local law enforcement agency or officer, for the purpose of falsely obtaining an identification card. (2) A person who steals or fraudulently uses any person’s identification card in order to acquire, possess, cultivate, transport, use, produce, or distribute cannabis. (3) A person who counterfeits, tampers with, or fraudulently produces an identification card. (4) A person who breaches the confidentiality requirements of this article to information provided to, or contained in the records of, the department or of a county health department or the county’s designee pertaining to an identification card program. (c) In addition to the penalties prescribed in subdivision (a), a person described in subdivision (b) may be precluded from attempting to obtain, or obtaining or using, an identification card for a period of up to six months at the discretion of the court. (d) In addition to the requirements of this article, the Attorney General shall develop and adopt appropriate guidelines to ensure the security and nondiversion of cannabis grown for medicinal use by patients qualified under the Compassionate Use Act of 1996. (Amended by Stats. 2017, Ch. 27, Sec. 147. (SB 94) Effective June 27, 2017.)
  164. 11362.82.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    If part of this article is held invalid or unconstitutional, the rest still remains valid.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.82. If any section, subdivision, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portion thereof. (Added by Stats. 2003, Ch. 875, Sec. 2. Effective January 1, 2004.)
  165. 11362.83.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    A city or other local governing body may adopt and enforce local ordinances about where, how, or whether a medicinal cannabis cooperative or collective operates, and may enact other laws consistent with this article.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.83. Nothing in this article shall prevent a city or other local governing body from adopting and enforcing any of the following: (a) Adopting local ordinances that regulate the location, operation, or establishment of a medicinal cannabis cooperative or collective. (b) The civil and criminal enforcement of local ordinances described in subdivision (a). (c) Enacting other laws consistent with this article. (Amended by Stats. 2017, Ch. 27, Sec. 148. (SB 94) Effective June 27, 2017.)
  166. 11362.84.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    A qualified patient’s status or conduct, by itself, cannot be used to restrict or abridge custodial or parental rights to minor children in family or juvenile court proceedings.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.84. The status and conduct of a qualified patient who acts in accordance with the Compassionate Use Act shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in any action or proceeding under the jurisdiction of family or juvenile court. (Added November 8, 2016, by initiative Proposition 64, Sec. 5.4.)
  167. 11362.85.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. )

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    If the California Attorney General determines federal controlled-substances law has changed to reclassify or declassify cannabis, the Legislature may amend or repeal this code to match federal 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 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2.5. Medical Marijuana Program [11362.7 - 11362.85] ( Article 2.5 added by Stats. 2003, Ch. 875, Sec. 2. ) ## 11362.85. Upon a determination by the California Attorney General that the federal schedule of controlled substances has been amended to reclassify or declassify cannabis, the Legislature may amend or repeal the provisions of this code, as necessary, to conform state law to such changes in federal law. (Amended by Stats. 2017, Ch. 27, Sec. 149. (SB 94) Effective June 27, 2017. Note: Section 11362.9 is in Article 2, following Section 11362.5. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  168. 11362.9.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. )

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    This section sets up a University of California cannabis research program and requires it to conduct and report on studies about cannabis safety and effectiveness, subject to stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 2. Cannabis [11357 - 11362.9] ( Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121. ) ## 11362.9. (a) (1) It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering cannabis, its naturally occurring constituents, and synthetic compounds, as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the California Cannabis Research Program, hosted by the Center for Medicinal Cannabis Research. Whenever “California Marijuana Research Program” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the California Cannabis Research Program. (2) The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and, if found valuable, shall develop medical guidelines for the appropriate administration and use of cannabis. The studies may examine the effect of cannabis on motor skills, the health and safety effects of cannabis, cannabinoids, and other related constituents, and other behavioral and health outcomes. (b) The program may immediately solicit proposals for research projects to be included in the cannabis studies. Program requirements to be used when evaluating responses to its solicitation for proposals shall include, but not be limited to, all of the following: (1) Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding the general medical efficacy and safety of cannabis. (2) Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on cannabis. (3) Proposals shall contain provisions for a patient registry. (4) Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials. (5) Proposals shall contain protocols suitable for research on cannabis, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research. (6) Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of cannabis. (7) Proposals shall demonstrate the use of a laboratory capable of analyzing cannabis, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants. (c) In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following: (1) The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome. (2) Researchers’ expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research. (d) If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel. (e) It is the intent of the Legislature that the program be established as follows: (1) The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens. (2) When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications. (3) The scientific and clinical operations of the program shall occur partly at University of California campuses and partly at other postsecondary institutions that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites. (4) The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council. (5) The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding. (f) All personnel involved in implementing approved proposals shall be authorized as required by Section 11604. (g) Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, cannabis. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars. (h) The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state. (i) The cannabis studies shall employ state-of-the-art research methodologies. (j) The program shall ensure that all cannabis used in the studies is of the appropriate medicinal quality. Cannabis used by the program may be obtained from the National Institute on Drug Abuse or any other entity authorized by the appropriate federal agencies, the Attorney General pursuant to Section 11478, or may be cultivated by the program pursuant to applicable federal and state laws and regulations. (k) The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee. (l) (1) To enhance understanding of the efficacy and adverse effects of cannabis as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of cannabis in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of cannabis as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of cannabis or synthetic compounds that simulate the effects of naturally occurring cannabinoids. The studies may also focus on examining testing methods for detecting harmful contaminants in cannabis, including, but not limited to, mold, bacteria, and mycotoxins that could cause harm to patients. (2) The program shall examine the safety of cannabis in patients with various medical disorders, including the interaction of cannabis with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons. (3) The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of cannabis as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of cannabis. (m) (1) Subject to paragraph (2), the program shall, prior to approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines. (2) If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops. (n) In order to maximize the scope and size of the cannabis studies, the program may do any of the following: (1) Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the cannabis studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources. (2) Include within the scope of the cannabis studies other cannabis research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of cannabis as part of medical treatment. (o) (1) Within six months of the effective date of this section, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the cannabis studies. (2) Thereafter, the program shall issue a report to the Legislature every 24 months detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following: (A) The names and number of diseases or conditions under study. (B) The number of patients enrolled in each study, by disease. (C) Any scientifically valid preliminary findings. (p) If the Regents of the University of California implement this section, the President of the University of California, or the president’s designee, shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council. (q) No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section. (r) This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature. (s) Money appropriated to the program pursuant to subdivision (e) of Section 34019 of the Revenue and Taxation Code shall only be used as authorized by the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). (t) This section does not limit or preclude cannabis-related research activities at any campus of the University of California. (Amended by Stats. 2019, Ch. 802, Sec. 1. (AB 420) Effective October 12, 2019. Note: Sections 11362.7 to 11362.85 are in Article 2.5, which follows this section.)
  169. 11363.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Peyote [11363- 11363.] ( Article 3 added by Stats. 1972, Ch. 1407. )

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    A person who plants, cultivates, harvests, dries, or processes peyote (Lophophora) commits an offense and may be punished by jail or state prison time.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 3. Peyote [11363- 11363.] ( Article 3 added by Stats. 1972, Ch. 1407. ) ## 11363. Every person who plants, cultivates, harvests, dries, or processes any plant of the genus Lophophora, also known as peyote, or any part thereof shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison. (Amended by Stats. 1976, Ch. 1139.)
  170. 11364.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    The section makes it unlawful to possess an opium pipe or related paraphernalia used to unlawfully inject or smoke certain controlled substances, with listed 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 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11364. (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance that is a narcotic drug classified in Schedule III, IV, or V. (b) This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste. (c) This section does not apply to an individual obtaining controlled substance checking services, as described in Article 5 (commencing with Section 11300) of Chapter 5. (d) As a public health measure intended to prevent the transmission of HIV, viral hepatitis, and other bloodborne diseases among persons who use syringes and hypodermic needles, and to prevent subsequent infection of sexual partners, newborn children, or other persons, this section shall not apply to the possession solely for personal use of hypodermic needles or syringes. (Amended (as amended by Stats. 2024, Ch. 701, Sec. 3) by Stats. 2025, Ch. 685, Sec. 2. (AB 309) Effective January 1, 2026.)
  171. 11364.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    Businesses selling or displaying drug paraphernalia must keep it in a separate room or enclosure that excludes unaccompanied minors, and minors may not enter that room unless accompanied by a parent or legal guardian.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11364.5. (a) Except as authorized by law, a person shall not maintain or operate a place of business in which drug paraphernalia is kept, displayed, or offered in any manner, sold, furnished, transferred, or given away unless that drug paraphernalia is completely and wholly kept, displayed, or offered within a separate room or enclosure to which persons under 18 years of age who are not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be signposted in reasonably visible and legible words to the effect that drug paraphernalia is kept, displayed, or offered in the room or enclosure and that minors, unless accompanied by a parent or legal guardian, are excluded. (b) Except as authorized by law, an owner, manager, proprietor, or other person in charge of a room or enclosure, within a place of business, in which drug paraphernalia is kept, displayed, or offered in any manner, sold, furnished, transferred, or given away shall not permit or allow a person under 18 years of age to enter, be in, remain in, or visit the room or enclosure unless that minor person is accompanied by their parent or legal guardian. (c) Unless authorized by law, a person under 18 years of age shall not enter, be in, remain in, or visit a room or enclosure in a place of business in which drug paraphernalia is kept, displayed, or offered in any manner, sold, furnished, transferred, or given away unless accompanied by their parent or legal guardian. (d) As used in this section, “drug paraphernalia” means all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. “Drug paraphernalia” includes, but is not limited to, all of the following: (1) Kits intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that is a controlled substance or from which a controlled substance can be derived. (2) Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. (3) Isomerization devices intended for use or designed for use in increasing the potency of any species of plant that is a controlled substance. (4) Scales and balances intended for use or designed for use in weighing or measuring controlled substances. (5) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances. (6) Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis. (7) Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances. (8) Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances. (9) Containers and other objects intended for use or designed for use in storing or concealing controlled substances. (10) Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body. (11) Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as the following: (A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls. (B) Water pipes. (C) Carburetion tubes and devices. (D) Smoking and carburetion masks. (E) Roach clips, meaning objects used to hold burning material, such as a cannabis cigarette that has become too small or too short to be held in the hand. (F) Miniature cocaine spoons, and cocaine vials. (G) Chamber pipes. (H) Carburetor pipes. (I) Electric pipes. (J) Air-driven pipes. (K) Chillums. (L) Bongs. (M) Ice pipes or chillers. (12) Testing equipment designed for use or marketed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances, except as otherwise provided in subdivision (g). (e) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use. (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance. (3) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom they know, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia. (4) Instructions, oral or written, provided with the object concerning its use. (5) Descriptive materials, accompanying the object which explain or depict its use. (6) National and local advertising concerning its use. (7) The manner in which the object is displayed for sale. (8) Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. (9) The existence and scope of legitimate uses for the object in the community. (10) Expert testimony concerning its use. (f) This section shall not apply to any of the following: (1) Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in paragraph (10) of subdivision (d) upon the prescription of a physician, dentist, podiatrist, or veterinarian. (2) Any physician, dentist, podiatrist, or veterinarian who furnishes or prescribes drug paraphernalia described in paragraph (10) of subdivision (d) to a patient. (3) Any manufacturer, wholesaler, or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described in paragraph (10) of subdivision (d). (g) Notwithstanding paragraph (12) of subdivision (a), “drug paraphernalia” does not include any testing equipment designed, marketed, intended to be used, or used, to test a substance for the presence of contaminants, toxic substances, hazardous compounds, or other adulterants, or controlled substances that include, without limitation, fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. (h) Notwithstanding any other law, including Section 11374, violation of this section shall not constitute a criminal offense, but operation of a business in violation of the provisions of this section shall be grounds for revocation or nonrenewal of any license, permit, or other entitlement previously issued by a city, county, or city and county for the privilege of engaging in such business and shall be grounds for denial of any future license, permit, or other entitlement authorizing the conduct of such business or any other business, if the business includes the sale of drug paraphernalia. (Amended by Stats. 2024, Ch. 701, Sec. 4. (AB 2136) Effective January 1, 2025.)
  172. 11364.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    This section bans certain drug-paraphernalia conduct, with extra penalties for manufacturing for specified drugs and for sales to minors or school-ground possession with intent to transfer; it also allows certain public-health distribution activity and authorizes forfeiture/seizure of paraphernalia.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11364.7. (a) (1) Except as authorized by law, a person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, except as provided in subdivision (b), in violation of this division, is guilty of a misdemeanor. (2) A public entity, its agents, or employees shall not be subject to criminal prosecution for distribution of hypodermic needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability to participants in clean needle and syringe exchange projects authorized by the public entity pursuant to Chapter 18 (commencing with Section 121349) of Part 4 of Division 105. (b) Except as authorized by law, a person who manufactures with intent to deliver, furnish, or transfer drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body cocaine, cocaine base, heroin, phencyclidine, or methamphetamine in violation of this division shall be punished by imprisonment in a county jail for not more than one year, or in the state prison. (c) Except as authorized by law, a person, 18 years of age or over, who violates subdivision (a) by delivering, furnishing, or transferring drug paraphernalia to a person under 18 years of age who is at least three years their junior, or who, upon the grounds of a public or private elementary, vocational, junior high, or high school, possesses a hypodermic needle, as defined in Section 11014.5, with the intent to deliver, furnish, or transfer the hypodermic needle, knowing, or under circumstances where one reasonably should know, that it will be used by a person under 18 years of age to inject into the human body a controlled substance, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. (d) The violation, or the causing or the permitting of a violation, of subdivision (a), (b), or (c) by a holder of a business or liquor license issued by a city, county, or city and county, or by the State of California, and in the course of the licensee’s business shall be grounds for the revocation of that license. (e) All drug paraphernalia defined in Section 11014.5 is subject to forfeiture and may be seized by any peace officer pursuant to Section 11471 unless its distribution has been authorized pursuant to subdivision (a). (f) If any provision of this section or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application and to this end the provisions of this section are severable. (Amended by Stats. 2024, Ch. 701, Sec. 5. (AB 2136) Effective January 1, 2025.)
  173. 11365.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    A defendant may not visit or stay in a room or place where specified controlled substances are being unlawfully smoked or used, if the defendant knows that is happening and aids, assists, or abets it.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11365. (a) It is unlawful to visit or to be in any room or place where any controlled substances which are specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) or paragraph (2) of subdivision (d) of Section 11055, or which are narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring. (b) This section shall apply only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance specified in subdivision (a). This subdivision is declaratory of existing law as expressed in People v. Cressey (1970) 2 Cal. 3d 836. (Amended by Stats. 1991, Ch. 551, Sec. 1.)
  174. 11366.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    A person may not keep a place for unlawfully selling, giving away, or using certain controlled substances; violation is punishable by jail or state prison.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11366. Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b), (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055, or (2) which is a narcotic drug classified in Schedule III, IV, or V, shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison. (Amended by Stats. 1991, Ch. 492, Sec. 1.)
  175. 11366.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    A person controlling a building, room, space, or enclosure must not knowingly rent it, make it available, or allow it to be fortified for specified drug activity; violations carry jail or prison terms.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11366.5. (a) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (c) Any person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (d) For the purposes of this section, “excessive profits” means the receipt of consideration of a value substantially higher than fair market value. (Amended by Stats. 2011, Ch. 15, Sec. 164. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  176. 11366.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    A person who uses a specially designed hidden-entry building, room, space, or enclosure to sell, manufacture, or possess for sale certain listed drugs commits an offense punishable by imprisonment.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11366.6. Any person who utilizes a building, room, space, or enclosure specifically designed to suppress law enforcement entry in order to sell, manufacture, or possess for sale any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years. (Amended by Stats. 2011, Ch. 15, Sec. 165. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  177. 11366.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    Retailers and wholesalers may not sell chemicals, drugs, or laboratory equipment if they know or intend the items will be used to illegally make or process controlled substances.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11366.7. (a) This section shall apply to the following: (1) Any chemical or drug. (2) Any laboratory apparatus or device. (b) Any retailer or wholesaler who sells any item in paragraph (1) or (2) of subdivision (a) with knowledge or the intent that it will be used to unlawfully manufacture, compound, convert, process, or prepare a controlled substance for unlawful sale or distribution, shall be punished by imprisonment in a county jail for not more than one year, or in the state prison, or by a fine not exceeding twenty-five thousand dollars ($25,000), or by both that imprisonment and fine. Any fine collected pursuant to this section shall be distributed as specified in Section 1463.10 of the Penal Code. (Amended by Stats. 1994, Ch. 979, Sec. 1. Effective January 1, 1995.)
  178. 11366.8.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    It is an offense to possess or use a false compartment, or to make or attach one to a vehicle, when done with intent to store, conceal, smuggle, or transport a controlled substance.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11366.8. (a) Every person who possesses, uses, or controls a false compartment with the intent to store, conceal, smuggle, or transport a controlled substance within the false compartment shall be punished by imprisonment in a county jail for a term of imprisonment not to exceed one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Every person who designs, constructs, builds, alters, or fabricates a false compartment for, or installs or attaches a false compartment to, a vehicle with the intent to store, conceal, smuggle, or transport a controlled substance shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (c) The term “vehicle” means any of the following vehicles without regard to whether the vehicles are private or commercial, including, but not limited to, cars, trucks, buses, aircraft, boats, ships, yachts, and vessels. (d) The term “false compartment” means any box, container, space, or enclosure that is intended for use or designed for use to conceal, hide, or otherwise prevent discovery of any controlled substance within or attached to a vehicle, including, but not limited to, any of the following: (1) False, altered, or modified fuel tanks. (2) Original factory equipment of a vehicle that is modified, altered, or changed. (3) Compartment, space, or box that is added to, or fabricated, made, or created from, existing compartments, spaces, or boxes within a vehicle. (Amended by Stats. 2011, Ch. 15, Sec. 166. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  179. 11367.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    Authorized peace officers investigating violations of this division, and people working under their immediate direction, supervision, or instruction, are immune from prosecution under this division.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11367. All duly authorized peace officers, while investigating violations of this division in performance of their official duties, and any person working under their immediate direction, supervision or instruction, are immune from prosecution under this division. (Added by Stats. 1972, Ch. 1407.)
  180. 11367.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    Certain law enforcement officials may provide controlled substances for training, and recipients must keep them secure, record losses, report any loss immediately, and return the substances when training ends or on demand.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11367.5. (a) Any sheriff, chief of police, the Chief of the Division of Law Enforcement, or the Commissioner of the California Highway Patrol, or a designee thereof, may, in his or her discretion, provide controlled substances in his or her possession and control to any duly authorized peace officer or civilian drug detection canine trainer working under the direction of a law enforcement agency, provided the controlled substances are no longer needed as criminal evidence and provided the person receiving the controlled substances, if required by the federal Drug Enforcement Administration, possesses a current and valid federal Drug Enforcement Administration registration which specifically authorizes the recipient to possess controlled substances while providing substance abuse training to law enforcement or the community or while providing canine drug detection training. (b) All duly authorized peace officers, while providing substance abuse training to law enforcement or the community or while providing canine drug detection training, in performance of their official duties, and any person working under their immediate direction, supervision, or instruction, are immune from prosecution under this division. (c) (1) Any person receiving controlled substances pursuant to subdivision (a) shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. (2) All controlled substances shall be maintained in a secure location approved by the dispensing agency. (3) Any loss shall be reported immediately to the dispensing agency. (4) All controlled substances shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. (Amended by Stats. 2012, Ch. 867, Sec. 9. (SB 1144) Effective January 1, 2013.)
  181. 11368.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    It is punishable to forge, alter, issue, utter, obtain, or possess a prescription tied to a forged, fictitious, or altered prescription for a narcotic drug.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11368. Every person who forges or alters a prescription or who issues or utters an altered prescription, or who issues or utters a prescription bearing a forged or fictitious signature for any narcotic drug, or who obtains any narcotic drug by any forged, fictitious, or altered prescription, or who has in possession any narcotic drug secured by a forged, fictitious, or altered prescription, shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or in the state prison. (Amended by Stats. 1990, Ch. 43, Sec. 1.)
  182. 11369.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    The court must give a specific written advisory in certain hard-drug conviction or plea cases, and the advisory must be recorded.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11369. (a) This section shall be known, and may be cited, as Alexandra’s Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following: “You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code.” (c) The advisory statement shall be provided to the defendant in writing, either on a plea form, if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. (d) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in Section 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401. (2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD), other psychedelic drugs, including mescaline and psilocybin (mushrooms), any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055. (Added November 5, 2024, by initiative Proposition 36, Sec. 4. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
  183. 11370.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    Section 11370 limits probation and suspended sentences for certain controlled-substance offenders, with a narrow exception for unusual cases.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11370. (a) A person convicted of violating Section 11353 or 11361, or of committing an offense referred to in those sections, shall not, except as provided in subdivision (e), be granted probation by the trial court or have the execution of the sentence suspended by the court, if the person has been previously convicted of an offense described in subdivision (c). (b) A person who was 18 years of age or older at the time of the commission of the offense and is convicted for the first time of selling, furnishing, administering, or giving a controlled substance that is (1) specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or (2) that is a narcotic drug classified in Schedule III, IV, or V, to a minor or inducing a minor to use the controlled substance in violation of law shall not, except as provided in subdivision (e), be granted probation by the trial court or have the execution of the sentence suspended by the court. (c) A previous conviction of any of the following offenses, or of an offense under the laws of another state or of the United States that, if committed in this state, would have been punishable as that offense, shall render a person ineligible for probation or suspension of sentence pursuant to subdivision (a): (1) A felony offense described in this division involving a controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055. (2) A felony offense described in this division involving a narcotic drug classified in Schedule III, IV, or V. (d) The existence of a previous conviction or fact that would make a person ineligible for suspension of sentence or probation under this section shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by trial by the court sitting without a jury. (e) A person who is made ineligible for probation pursuant to this section may be granted probation only in an unusual case where the interests of justice would best be served. When probation is granted pursuant to this subdivision, the court shall specify on the record the circumstances supporting the finding. (Amended by Stats. 2021, Ch. 537, Sec. 1. (SB 73) Effective January 1, 2022.)
  184. 11370.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    A person who unlawfully possesses certain controlled substances while armed with a loaded, operable firearm commits a felony.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years. (b) Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription. (c) As used in subdivision (a), “armed with” means having available for immediate offensive or defensive use. (d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code. (Amended November 5, 2024, by initiative Proposition 36, Sec. 5. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
  185. 11370.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    People convicted of certain drug offenses must receive an additional consecutive three-year term for each qualifying prior felony 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 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11370.2. (a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 shall receive, in addition to any other punishment authorized by law, including Section 667.5 of the Penal Code, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, Section 11380, whether or not the prior conviction resulted in a term of imprisonment. (b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11378.5, 11379.5, 11379.6, or 11383 shall receive, in addition to any other punishment authorized by law, including Section 667.5 of the Penal Code, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, Section 11380, whether or not the prior conviction resulted in a term of imprisonment. (c) Any person convicted of a violation of, or of a conspiracy to violate, Section 11378 or 11379 with respect to any substance containing a controlled substance specified in paragraph (1) or (2) of subdivision (d) of Section 11055 shall receive, in addition to any other punishment authorized by law, including Section 667.5 of the Penal Code, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, Section 11380, whether or not the prior conviction resulted in a term of imprisonment. (d) The enhancements provided for in this section shall be pleaded and proven as provided by law. (e) The conspiracy enhancements provided for in this section shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (f) Prior convictions from another jurisdiction qualify for use under this section pursuant to Section 668. (Amended by Stats. 2017, Ch. 677, Sec. 1. (SB 180) Effective January 1, 2018.)
  186. 11370.4.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    This section adds prison-term enhancements for certain drug convictions when the substance exceeds specified weight or volume thresholds.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11370.4. (a) (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows: (A) If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years. (B) If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years. (C) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years. (D) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years. (E) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years. (F) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) (1) A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows: (A) If the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years. (B) If the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years. (C) If the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years. (D) If the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years. (2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included. (3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as follows: (A) If the substance exceeds 28.35 grams (one ounce) by weight, the person shall receive an additional term of three years. (B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years. (C) If the substance exceeds 500 grams by weight, the person shall receive an additional term of seven years. (D) If the substance exceeds one kilogram by weight, the person shall receive an additional term of 10 years. (E) If the substance exceeds four kilograms by weight, the person shall receive an additional term of 13 years. (F) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 16 years. (G) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 19 years. (H) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 22 years. (I) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (e) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code. (f) The additional terms provided in this section shall be in addition to any other punishment provided by law. (g) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section if the court determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (Amended November 5, 2024, by initiative Proposition 36, Sec. 6. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
  187. 11370.6.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    This section criminalizes possession of over $100,000 in money or negotiable instruments linked to certain unlawful controlled substance activity, and sets prison penalties for violations.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11370.6. (a) Every person who possesses any moneys or negotiable instruments in excess of one hundred thousand dollars ($100,000) which have been obtained as the result of the unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058, with knowledge that the moneys or negotiable instruments have been so obtained, and any person who possesses any moneys or negotiable instruments in excess of one hundred thousand dollars ($100,000) which are intended by that person for the unlawful purchase of any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 and who commits an act in substantial furtherance of the unlawful purchase, shall be punished by imprisonment in a county jail for a term not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (b) In consideration of the constitutional right to counsel afforded by the Sixth Amendment to the United States Constitution and Section 15 of Article 1 of the California Constitution, when a case charged under subdivision (a) involves an attorney who accepts a fee for representing a client in a criminal investigation or proceeding, the prosecution shall additionally be required to prove that the moneys or negotiable instruments were accepted by the attorney with the intent to participate in the unlawful conduct described in subdivision (a) or to disguise or aid in disguising the source of the funds or the nature of the criminal activity. (c) In determining the guilt or innocence of a person charged under subdivision (a), the trier of fact may consider the following in addition to any other relevant evidence: (1) The lack of gainful employment by the person charged. (2) The expert opinion of a qualified controlled substances expert as to the source of the assets. (3) The existence of documents or ledgers that indicate sales of controlled substances. (Amended by Stats. 2011, Ch. 15, Sec. 167. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  188. 11370.9.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    This section makes certain knowing transactions involving proceeds from controlled-substance violations unlawful, especially when done to conceal the proceeds or evade reporting rules.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11370.9. (a) It is unlawful for any person knowingly to receive or acquire proceeds, or engage in a transaction involving proceeds, known to be derived from any violation of this division or Division 10.1 with the intent to conceal or disguise or aid in concealing or disguising the nature, location, ownership, control, or source of the proceeds or to avoid a transaction reporting requirement under state or federal law. (b) It is unlawful for any person knowingly to give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in, or otherwise make available, anything of value which that person knows is intended to be used for the purpose of committing, or furthering the commission of, any violation of this division or Division 10.1 with the intent to conceal or disguise or aid in concealing or disguising the nature, location, ownership, control, or source of the proceeds or to avoid a transaction reporting requirement under state or federal law. (c) It is unlawful for any person knowingly to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of this division or Division 10.1 with the intent to conceal or disguise or aid in concealing or disguising the nature, location, ownership, control, or source of the proceeds or to avoid a transaction reporting requirement under state or federal law. (d) It is unlawful for any person knowingly to conduct a transaction involving proceeds derived from a violation of this division or Division 10.1 when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds known to be derived from a violation of this division or Division 10.1 with the intent to conceal or disguise or aid in concealing or disguising the nature, location, ownership, control, or source of the proceeds or to avoid a transaction reporting requirement under state or federal law. (e) A violation of this section shall be punished by imprisonment in a county jail for not more than one year or in the state prison for a period of two, three, or four years, by a fine of not more than two hundred fifty thousand dollars ($250,000) or twice the value of the proceeds or property involved in the violation, whichever is greater, or by both that imprisonment and fine. Notwithstanding any other provision of law, each violation of this section shall constitute a separate, punishable offense without limitation. (f) This section shall apply only to a transaction, or series of related transactions within a 30-day period, involving over twenty-five thousand dollars ($25,000) or to proceeds of a value exceeding twenty-five thousand dollars ($25,000). (g) In consideration of the constitutional right to counsel afforded by the Sixth Amendment to the United States Constitution and Section 15 of Article 1 of the California Constitution, this section is not intended to apply to the receipt of, or a related transaction involving, a fee by an attorney for the purpose of providing advice or representing a person in a criminal investigation or prosecution. (h) For the purposes of this section, the following terms have the following meanings: (1) “Proceeds” means property acquired or derived directly or indirectly from, produced through, or realized through any violation of this division or Division 10.1. (2) “Transaction” includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, electronic, magnetic, or manual transfer between accounts, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or any other acquisition or disposition of property by whatever means effected. (3) “Represented by a law enforcement officer” means any representation of fact made by a peace officer as defined in Section 7 of the Penal Code, or a federal officer described in subsection (e) of Sections 1956 and 1957 of Title 18 of the United States Code, or by another person at the direction of, or with the approval of, that peace officer or federal officer. (Amended by Stats. 1993, Ch. 589, Sec. 89. Effective January 1, 1994.)
  189. 113700.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    This section says these provisions are known as the California Retail Food Code and may be cited that way.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113700. These provisions shall be known, and may be cited, as the California Retail Food Code, hereafter referred to as “this part.” (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  190. 113703.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    This section states that the part’s purpose is to protect public health and ensure consumers receive food that is safe, unadulterated, and honestly presented through science-based standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113703. The purpose of this part is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented through adoption of science-based standards. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  191. 113705.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    The Legislature says retail food facilities should be governed by uniform statewide health and sanitation standards, with one stated exception in Section 113709.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113705. The Legislature finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food facilities to assure the people of this state that the food will be pure, safe, and unadulterated. Except as provided in Section 113709, it is the intent of the Legislature to occupy the whole field of health and sanitation standards for retail food facilities, and the standards set forth in this part and regulations adopted pursuant to this part shall be exclusive of all local health and sanitation standards relating to retail food facilities. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  192. 113707.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    The department must adopt regulations to implement and administer this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113707. The department shall adopt regulations to implement and administer this part. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  193. 113709.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    A local governing body is not blocked by this part from adopting certain food facility rules and public safety requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113709. This part does not prohibit a local governing body from adopting an evaluation or grading system for food facilities, from prohibiting any type of food facility, from adopting an employee health certification program, from regulating the provision of consumer toilet and handwashing facilities, from adopting requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon a street pursuant to its authority under subdivision (b) of Section 22455 of the Vehicle Code, or from prohibiting the presence of pet dogs in outdoor dining areas of food facilities. (Amended by Stats. 2014, Ch. 234, Sec. 1. (AB 1965) Effective January 1, 2015.)
  194. 11371.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    A person who knowingly violates certain controlled-substances provisions, or who pressures a minor to commit such an offense, can be punished by jail or prison and a fine.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11371. Any person who shall knowingly violate any of the provisions of Section 11153, 11154, 11155, or 11156 with respect to (1) a controlled substance specified in subdivision (b), (c), or (d) of Section 11055, or (2) a controlled substance specified in paragraph (1) of subdivision (b) of Section 11056, or (3) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V, or who in any voluntary manner solicits, induces, encourages or intimidates any minor with the intent that such minor shall commit any such offense, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by a fine not exceeding twenty thousand dollars ($20,000), or by both such fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 168. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  195. 11371.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. )

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    A person who knowingly violates certain controlled-substance provisions, or who tries to get a minor to commit such an offense, may be punished by imprisonment or up to one year in county jail.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 6. Offenses and Penalties [11350 - 11395] ( Chapter 6 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 4. Miscellaneous Offenses and Provisions [11364 - 11376.6] ( Article 4 added by Stats. 1972, Ch. 1407. ) ## 11371.1. Any person who shall knowingly violate any of the provisions of Section 11173 or 11174 with respect to (1) a controlled substance specified in subdivision (b), (c), or (d) of Section 11055, or (2) a controlled substance specified in paragraph (1) of subdivision (b) of Section 11056, or (3) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V, or who in any voluntary manner solicits, induces, encourages or intimidates any minor with the intent that such minor shall commit any such offense, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year. (Amended by Stats. 2011, Ch. 15, Sec. 169. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  196. 113711.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    References to Chapter 4 or the California Uniform Retail Food Facilities Law mean this part or the California Retail Food Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113711. In all laws and regulations, references to Chapter 4 (commencing with Section 113700) or the California Uniform Retail Food Facilities Law, shall mean this part or the California Retail Food Code. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  197. 113713.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    The local enforcement agency has primary responsibility for enforcing this part, while the department may also act when needed and must provide certain support services if appropriated funds are available.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113713. (a) Primary responsibility for enforcement of this part shall be with the local enforcement agency. Nothing in this part shall prevent the department from taking any necessary program or enforcement actions for the protection of the public health and safety. (b) The department shall provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of this part, when an appropriation is made to the department for this purpose. (c) Whenever the enforcement of the requirements of this part by any local enforcement agency is satisfactory to the department, the enforcement of this part shall not be duplicated by the department. The department shall investigate to determine satisfactory enforcement of this part by evaluating the program of each local enforcement agency at least once every three years and shall prepare a report of the evaluation and list any program improvements needed only when an appropriation is made to the department for these purposes. (Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  198. 113715.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Food facility construction, alteration, remodeling, or operation must be approved by the enforcement agency and comply with applicable laws and codes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113715. Any construction, alteration, remodeling, or operation of a food facility shall be approved by the enforcement agency and shall be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including but not limited to, fire, building, and zoning codes. (Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
  199. 113717.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    A person who asks the department to perform certain activities must pay the department’s costs, and the department must give that person a cost statement or invoice.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113717. (a) Any person requesting the department to undertake any activity pursuant to paragraph (5) of subdivision (c) of Section 113871, Section 114417, paragraph (2) of subdivision (b) of Section 114419, and Section 114419.3 shall pay the department’s costs incurred in undertaking the activity. The department’s services shall be assessed at the current hourly cost-recovery rate, and it shall be entitled to recover any other costs reasonably and actually incurred in performing those activities, including, but not limited to, the costs of additional inspection and laboratory testing. For purposes of this section, the department’s hourly rate shall be adjusted annually in accordance with Section 100425. (b) The department shall provide to the person paying the required fee a statement, invoice, or similar document that describes in reasonable detail the costs paid. (c) For purposes of this section only, the term “person” does not include any city, county, city and county, or other political subdivision of the state or local government. (Amended by Stats. 2012, Ch. 23, Sec. 27. (AB 1467) Effective June 27, 2012.)
  200. 113718.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. )

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    Money in the Retail Food Safety and Defense Fund must be transferred to the Food Safety Fund for appropriation and expenditure under Section 110050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] ( Part 7 repealed and added by Stats. 2006, Ch. 23, Sec. 2. ) ## CHAPTER 1. General Provisions [113700 - 113725.3] ( Chapter 1 added by Stats. 2006, Ch. 23, Sec. 2. ) ## 113718. Notwithstanding Section 16350 of the Government Code, all moneys deposited in the Retail Food Safety and Defense Fund shall be transferred to the Food Safety Fund for appropriation and expenditure as specified by Section 110050. (Repealed and added by Stats. 2012, Ch. 23, Sec. 29. (AB 1467) Effective June 27, 2012.)

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