Health and Safety Code — Part 7 | HSC — United States — California law | Esheria

Health and Safety Code

Part 7 of 87 · provisions 1,201–1,400

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. 109525.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This chapter is known as the California Imitation Controlled Substances Act.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109525. This chapter shall be known as the “California Imitation Controlled Substances Act.” (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  2. 109530.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The definitions in this article govern how this chapter is interpreted, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109530. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  3. 109535.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Controlled substance” means a substance defined in Section 11007.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109535. “Controlled substance” means a substance as defined in Section 11007. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  4. 109540.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Distribute” means transferring, delivering, or dispensing an imitation controlled substance to another person, including attempts and constructive transfers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109540. “Distribute” means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  5. 109545.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Manufacture” is defined to include producing, preparing, compounding, processing, encapsulating, packaging or repackaging, and labeling or relabeling an imitation controlled substance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109545. “Manufacture” means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, labeling or relabeling, of an imitation controlled substance. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  6. 109550.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “imitation controlled substance.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109550. “Imitation controlled substance” means (a) a product specifically designed or manufactured to resemble the physical appearance of a controlled substance, that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances, or (b) a product, not a controlled substance, that, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V, inclusive, of the Uniform Controlled Substances Act, pursuant to Chapter 2 (commencing with Section 11053) of Division 10. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  7. 109555.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This chapter is cumulative and does not limit any remedy provided by law for the benefit of any party.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Provisions and Definitions [109525 - 109555] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109555. The provisions of this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  8. 109575.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Anyone who knowingly manufactures, distributes, or possesses with intent to distribute an imitation controlled substance 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 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109575. Any person who knowingly manufactures, distributes, or possesses with intent to distribute, an imitation controlled substance is guilty of a misdemeanor and shall, if convicted, be subject to imprisonment for not more than six months in the county jail or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  9. 109580.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    An adult who knowingly distributes an imitation controlled substance to someone under 18, in violation of Section 109575, 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 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109580. Any person 18 years of age or over who violates Section 109575 by knowingly distributing an imitation controlled substance to a person under 18 years of age is guilty of a misdemeanor and shall, if convicted, be punished by imprisonment for not more than one year in a county jail or a fine of not more than two thousand dollars ($2,000), or by both that imprisonment and fine. Upon a second or subsequent conviction of this offense, the person shall be subject to imprisonment for not more than one year in a county jail and a fine of not less than six thousand dollars ($6,000). (Amended by Stats. 2001, Ch. 854, Sec. 17. Effective January 1, 2002.)
  10. 109585.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section bars civil or criminal liability under this chapter for certain registered persons handling imitation controlled substances for a practitioner’s lawful professional practice or research.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109585. No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the California Uniform Controlled Substances Act who manufactures, distributes, or possesses an imitation controlled substance for use by a practitioner, as defined in Section 11026, in the course of lawful professional practice or research. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  11. 109590.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Imitation controlled substances are subject to forfeiture under the procedures in Chapter 8 of Division 10.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 4. DRUGS, DEVICES, AND COSMETICS [109250 - 109590] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Imitation Controlled Substances [109525 - 109590] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Offenses and Penalties [109575 - 109590] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109590. All imitation controlled substances shall be subject to forfeiture in accordance with the procedures set forth in Chapter 8 (commencing with Section 11470) of Division 10. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  12. 109875.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section names the part as the Sherman Food, Drug, and Cosmetic Law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109875. This part shall be known as the Sherman Food, Drug, and Cosmetic Law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  13. 109880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The definitions in this article control how this part is interpreted, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109880. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  14. 109885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “advertisement” broadly as representations made to induce, or likely to induce, the purchase or use of food, drugs, devices, or cosmetics.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109885. “Advertisement” means any representations, including, but not limited to, statements upon the products, its packages, cartons, and any other container, disseminated in any manner or by any means, for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase or use of any food, drug, device, or cosmetic. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  15. 109890.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Antibiotic drug” is defined to include certain human-use drugs containing specified micro-organism-derived substances, with an exception for drugs for animals other than humans.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109890. “Antibiotic drug” means any drug , except drugs for use in animals other than humans, composed in whole or in part of any form of penicillin, streptomycin, chlortetracycline chloramphenicol, bacitracin, or any other drug intended for human use containing any quantity of any chemical substance that is produced by micro-organisms, and that has the capacity to inhibit or destroy micro-organisms in dilute solution, including a chemically synthesized equivalent, or any derivative thereof. (Amended by Stats. 2000, Ch. 796, Sec. 1. Effective January 1, 2001.)
  16. 109895.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “color additive” and says “color” includes black, white, and intermediate grays.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109895. “Color additive” means a substance that satisfies both of the following requirements: (a) It is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source. (b) When added or applied to a food, drug, device, or cosmetic, or to the human body or any part of the body, it is capable, alone or through reaction with any other substance, of imparting color to the food, drug, device, or cosmetic, or to the human body or the part of the human body, to which it is added or applied. The term “color additive” does not include any material that the department, by regulation, determines is used, or intended to be used, solely for a purpose or purposes other than coloring. The term “color,” as used in this section, includes black, white, and intermediate grays. This section does not apply to any pesticide chemical, soil, or plant nutrient, or other agricultural chemical, solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  17. 109900.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “cosmetic” and excludes soap from that term.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109900. “Cosmetic” means any article, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering the appearance. The term “cosmetic” does not include soap. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  18. 109905.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “counterfeit” for food, drugs, devices, and cosmetics.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109905. “Counterfeit”, as used in respect to any food, drug, device, or cosmetic, means a food, drug, device, or cosmetic that bears or whose package or labeling bears, without authorization, the trademark, trade name, or other identifying mark, imprint, or device, or any likeness or trademark, trade name, or other identifying mark, imprint, or device of a manufacturer, processor, packer, or distributor, other than the actual manufacturer, processor, packer, or distributor, or that falsely purports or is represented to be the product of, or to have been packed or distributed by, the other manufacturer, processor, packer, or distributor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  19. 109910.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    “Department” means the State Department of Health Services.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109910. “Department” means the State Department of Health Services. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  20. 109915.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “Director” as the State Director of Health Services.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109915. “Director” means the State Director of Health Services. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  21. 109920.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “device” 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 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109920. “Device” means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, that is any of the following: (a) Recognized in the official National Formulary or the United States Pharmacopoeia, or any supplement to them. (b) Intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease in humans or any other animal. (c) Intended to affect the structure or any function of the body of humans or any other animal and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and that is not dependent upon being metabolized for the achievement of any of its principal intended purposes. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  22. 109925.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “drug” and lists items included in and excluded from that term.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109925. (a) “Drug” means any of the following: (1) An article recognized in an official compendium. (2) An article used or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or any other animal. (3) An article other than food, that is used or intended to affect the structure or any function of the body of human beings or any other animal. (4) An article used or intended for use as a component of an article designated in paragraphs (1) to (3), inclusive. (b) The term “drug” does not include any device. (c) Any food for which a claim (as described in Sections 403(r)(1)(B) (21 U.S.C. Sec. 343(r)(1)(B)) and 403(r)(3) (21 U.S.C. Sec. 343(r)(3)) or Sections 403(r)(1)(B) (21 U.S.C. Sec. 343(r)(1)(B)) and 403(r)(5)(D) (21 U.S.C. Sec. 343(r)(5)(D)) of the federal act), is made in accordance with the requirements set forth in Section 403(r) (21 U.S.C. Sec. 343(r)) of the federal act, is not a drug under subdivision (b) solely because the label or labeling contains such a claim. (d) Cannabis product, including any cannabis product intended for external use, is not a drug. (Amended by Stats. 2017, Ch. 27, Sec. 160. (SB 94) Effective June 27, 2017.)
  23. 109930.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “Federal act” as the federal Food, Drug, and Cosmetic Act, as amended.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109930. “Federal act” means the federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. Sec. 301 et seq.). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  24. 109935.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “food” for the code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109935. “Food” means either of the following: (a) Any article used or intended for use for food, drink, confection, condiment, or chewing gum by man or other animal. (b) Any article used or intended for use as a component of any article designated in subdivision (a). (Amended by Stats. 2001, Ch. 641, Sec. 1. Effective January 1, 2002.)
  25. 109940.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “food additive” and lists several exclusions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109940. “Food additive” means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in the substance becoming a component of the food or otherwise affecting characteristics of the food. This includes any substance or radiation source intended for use in producing, manufacturing, packing, treating, packaging, transporting, or holding any food. The term “food additive” does not include any of the following: (a) A pesticide chemical in or on a raw agricultural commodity. (b) A pesticide chemical that is used, or intended for use, in the production, storage, or transportation of any raw agricultural commodity. (c) A color additive. (d) Any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958 (72 Stat. 1784), pursuant to the federal act; the Poultry Products Inspection Act (71 Stat. 441; 21 U.S.C. Sec. 451 et seq.); the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. Sec. 71 et seq.); or the Food and Agricultural Code of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  26. 109945.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “food and drug inspector” as an authorized agent of the Bureau of Food and Drug of the department, and says that person has the powers listed in Section 106500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109945. “Food and drug inspector” means any authorized agent of the Bureau of Food and Drug of the department, who shall have the powers set forth in Section 106500. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  27. 109947.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “food processing facility” as a facility used to manufacture, pack, or hold processed food.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109947. “Food processing facility” means any facility operated for the purposes of manufacturing, packing, or holding processed food. Food processing facility does not include a food facility as defined in Section 113785, a cottage food operation that is registered or has a permit pursuant to Section 114365, or any facility exclusively storing, handling, or processing dried beans. (Amended by Stats. 2012, Ch. 415, Sec. 3. (AB 1616) Effective January 1, 2013.)
  28. 109948.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “home medical device retail facility” and lists exclusions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109948. (a) “Home medical device retail facility” is an area, place, or premises, other than a licensed pharmacy, in and from which prescription devices, home medical devices, or home medical device services are sold, fitted, or dispensed pursuant to prescription. “Home medical device retail facility” includes, but is not limited to, any area or place in which prescription devices, home medical devices, or home medical device services are stored, possessed, prepared, manufactured, or repackaged, and from which the prescription devices, home medical devices, and home medical device services are furnished, sold, or dispensed at retail. (b) “Home medical device retail facility” shall not include any area in a facility licensed by the department where floor supplies, ward supplies, operating room supplies, or emergency room supplies of prescription devices are stored or possessed solely for treatment of patients registered for treatment in the facility or for treatment of patients receiving emergency care in the facility. (c) “Home medical device retail facility” shall not include any area of a home health agency licensed under Chapter 8 (commencing with Section 1725) of, or a hospice licensed under Chapter 8.5 (commencing with Section 1745) of Division 2 where the supplies specified in subdivision (c) of Section 4057 of the Business and Professions Code are stored or possessed solely for treatment of patients by a licensed home health agency or licensed hospice, as long as all prescription devices are furnished to these patients only upon the prescription or order of health care practitioners authorized to prescribe or order home medical devices or who use home medical devices or who use home medical devices to treat their patients. (Added by Stats. 2000, Ch. 837, Sec. 28. Effective January 1, 2001.)
  29. 109948.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “home medical device services” and “home medical device,” and lists several things that are excluded from that term.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109948.1. (a) “Home medical device services” means the delivery, installation, maintenance, replacement of, or instruction in the use of, home medical devices used by a sick or disabled individual to allow the individual to be maintained in a residence. (b) “Home medical device” means a device intended for use in a home care setting including, but not limited to, all of the following: (1) Oxygen delivery systems and prefilled cylinders. (2) Ventilators. (3) Continuous Positive Airway Pressure devices (CPAP). (4) Respiratory disease management devices. (5) Hospital beds and commodes. (6) Electronic and computer driven wheelchairs and seating systems. (7) Apnea monitors. (8) Low air loss continuous pressure management devices. (9) Transcutaneous Electrical Nerve Stimulator (TENS) units. (10) Prescription devices. (11) Disposable medical supplies including, but not limited to, incontinence supplies as defined in Section 14125.1 of the Welfare and Institutions Code. (12) In vitro diagnostic tests. (13) Any other similar device as defined in regulations adopted by the department. (c) The term “home medical device” does not include any of the following: (1) Devices used or dispensed in the normal course of treating patients by hospitals and nursing facilities, other than devices delivered or dispensed by a separate unit or subsidiary corporation of a hospital or nursing facility or agency that is in the business of delivering home medical devices to an individual’s residence. (2) Prosthetics and orthotics. (3) Automated external defibrillators (AEDs). (4) Devices provided through a physician’s office incident to a physician’s service. (5) Devices provided by a licensed pharmacist that are used to administer drugs that can be dispensed only by a licensed pharmacist. (6) Enteral and parenteral devices provided by a licensed pharmacist. (Amended by Stats. 2001, Ch. 728, Sec. 70. Effective January 1, 2002.)
  30. 109950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    For this section, an “immediate container” does not include any package liner.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109950. “Immediate container” does not include any package liner. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  31. 109951.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must review federal changes to the definition of “infant formula” and, within six months after any change takes effect, complete its review and post a report on its website.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109951. “Infant formula” shall have the same definition as that term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(z)). The department shall review all changes to the federal definition of “infant formula” before those changes are incorporated by reference pursuant to this section. Within six months after the effective date of any changes to the federal definition, the department shall complete its review of the changes, and post a report on its Internet Web site that describes the changes and makes a recommendation as to whether it is appropriate to incorporate the changes by reference pursuant to this section. Any change to the federal definition shall take effect pursuant to this section one year after the effective date of the federal change, unless a law that specifically prohibits the change from taking effect is enacted and becomes effective. (Amended by Stats. 2012, Ch. 728, Sec. 101. (SB 71) Effective January 1, 2013.)
  32. 109955.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    “Label” means written, printed, or graphic matter on a food, drug, device, or cosmetic, or on its immediate container.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109955. “Label” means a display of written, printed, or graphic matter upon a food, drug, device, or cosmetic or upon its immediate container. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  33. 109960.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “labeling” for foods, drugs, devices, and cosmetics.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109960. “Labeling” means any label or other written, printed, or graphic matter upon a food, drug, device, or cosmetic or upon its container or wrapper, or that accompanies any food, drug, device, or cosmetic. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  34. 109965.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “local health department.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109965. “Local health department” means the health department of a city, county, city and county, or local health district that qualifies for state assistance pursuant to Chapter 3 (commencing with Section 101175) of Part 3 of Division 101, or any city health department of a city that has had its own health department for 12 years or more. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  35. 109970.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “manufacture” for food, drug, device, and cosmetic law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109970. “Manufacture” means the preparation, compounding, propagation, processing, or fabrication of any food, drug, device, or cosmetic. The term “manufacture” includes repackaging or otherwise changing the container, wrapper, or labeling of any food, drug, device, or cosmetic in furtherance of the distribution of the food, drug, device, or cosmetic. The term “manufacture” does not include repackaging from a bulk container by a retailer at the time of sale to its ultimate consumer. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  36. 109971.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “medical food” and requires the department to review federal definition changes, report within six months, and delay any change’s effect for one year unless blocked by a later law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109971. “Medical food” means any product that meets the definition of medical food in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee(b)(3)). The department shall review all changes to the federal definition of “medical food” before those changes are incorporated by reference pursuant to this section. Within six months after the effective date of any changes to the federal definition, the department shall complete its review of the changes, and submit a report to the Senate Health and Human Services Committee and the Assembly Health Committee that describes the changes and makes a recommendation as to whether it is appropriate to incorporate the changes by reference pursuant to this section. Any change to the federal definition shall take effect pursuant to this section one year after the effective date of the federal change, unless a law that specifically prohibits the change from taking effect is enacted and becomes effective. (Amended by Stats. 2001, Ch. 641, Sec. 3. Effective January 1, 2002.)
  37. 109975.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “new device.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109975. “New device” means any of the following: (a) Any device the composition, construction, or properties of which are such that the device is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of devices, as having been adequately shown, through scientific investigations to be safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling or advertising thereof. (b) Any device the composition, construction, or properties of which are such that the device, as a result of such investigation to determine its safety and effectiveness for use under these conditions, has become so recognized, but which has not, otherwise than in the investigations, been used to a material extent or for a material time under the conditions. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  38. 109980.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    “New drug” means either a drug that is not generally recognized as safe and effective under its labeled or advertised use, or a drug that became recognized through investigations but has not otherwise been used to a material extent or time under those conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109980. “New drug” means either of the following: (a) Any drug the composition of which is such that the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling or advertising thereof. (b) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under these conditions, has become so recognized, but that has not, otherwise than in the investigations, been used to a material extent or for a material time under the conditions. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  39. 109985.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “official compendium” as the latest edition of the United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the National Formulary, including any supplement.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109985. “Official compendium” means the latest edition of the United States Pharmacopoeia, the latest edition of the Homeopathic Pharmacopoeia of the United States, or the latest edition of the National Formulary, or any supplement to any of these. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  40. 109990.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “package” and excludes certain shipping containers and outer wrappings.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109990. “Package” means any container or wrapper that may be used by a manufacturer, producer, jobber, packer, or dealer for enclosing or containing any food, drug, device, or cosmetic. The term “package” does not include any of the following: (a) Any shipping container or outer wrapping used solely for the transportation of a food, drug, device, or cosmetic in bulk quantity to any manufacturer, packer, processor, or wholesale or retail distributor. (b) Any shipping container or outer wrapping used by any retailer to ship or deliver any food, drug, device, or cosmetic to any retail consumer if the container or wrapping bears no printed matter pertaining to any food, drug, device, or cosmetic. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  41. 109992.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “pasteurized in-shell eggs.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109992. “Pasteurized in-shell eggs” means shell eggs that have been pasteurized by any method approved by the federal Food and Drug Administration, the Department of Food and Agriculture, or the department. (Added by Stats. 2014, Ch. 11, Sec. 6. (AB 1414) Effective April 17, 2014.)
  42. 109995.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “person” to include a wide range of individuals, business entities, institutions, government bodies, and their representatives or agents.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 109995. “Person” means any individual, firm, partnership, trust, corporation, limited liability company, company, estate, public or private institution, association, organization, group, city, county, city and county, political subdivision of this state, other governmental agency within the state, and any representative, agent, or agency of any of the foregoing. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  43. 11.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    For interpretation, the present tense includes past and future tenses, and the future tense includes the present.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 11. The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1939, Ch. 60.)
  44. 11000.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section names Division 10 as the California Uniform Controlled Substances Act.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11000. This division shall be known as the “California Uniform Controlled Substances Act.” (Repealed and added by Stats. 1972, Ch. 1407.)
  45. 110000.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “pesticide chemical.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110000. “Pesticide chemical” means any substance that alone, in chemical combination, or in formulation with one or more substances, is an “economic poison” within the meaning of Section 12753 of the Food and Agricultural Code of this state or the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163; 7 U.S.C. Sec. 135 et seq.), and that is used in the production, storage, or transportation of any raw agricultural commodity. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  46. 110005.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    “Potentially hazardous food” means food that can support growth of infectious or toxigenic micro-organisms when kept above 45°F.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110005. “Potentially hazardous food” means any food capable of supporting growth of infectious or toxigenic micro-organisms when held at temperatures above 45 degrees Fahrenheit. (Amended by Stats. 1999, Ch. 915, Sec. 2. Effective January 1, 2000.)
  47. 11001.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The chapter’s definitions control how this division is interpreted, unless the context requires 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11001. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. (Repealed and added by Stats. 1972, Ch. 1407.)
  48. 110010.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “prescription” as either an oral order given for the patient or a written order signed by the prescriber with specified information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110010. “Prescription” means an oral order given individually for the patient for whom prescribed directly from the prescriber to the furnisher or indirectly by means of a written order signed by the prescriber that bears the name and address of the prescriber, the license classification of the prescriber, the name and address of the patient, the name and quantity of drug or device prescribed, the directions for use, and the date of issue. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  49. 110010.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “prescription device” as a device limited to prescription use under Section 111470.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110010.1. “Prescription device” means any device limited to prescription use under Section 111470. (Added by Stats. 2000, Ch. 837, Sec. 30. Effective January 1, 2001.)
  50. 110010.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “prescription drug” as any drug limited to prescription use under Section 111470.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110010.2. “Prescription drug” means any drug limited to prescription use under Section 111470. (Added by Stats. 2000, Ch. 837, Sec. 31. Effective January 1, 2001.)
  51. 110015.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    “Principal display panel” means the part of a label most likely to be displayed or examined under normal retail sale conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110015. “Principal display panel” means that part of a label most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  52. 11002.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “administer” for 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11002. “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient for his immediate needs or to the body of a research subject by any of the following: (a) A practitioner or, in his presence, by his authorized agent. (b) The patient or research subject at the direction and in the presence of the practitioner. (Repealed and added by Stats. 1972, Ch. 1407.)
  53. 110020.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “raw agricultural commodity” as food in its raw or natural state, including some fruit that is washed, colored, or otherwise treated while still unpeeled before marketing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110020. “Raw agricultural commodity” means any food in its raw or natural state. It includes, but is not limited to, any fruit that is washed, colored, or otherwise treated in its unpeeled natural form prior to marketing. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  54. 110025.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “substantial evidence” for drugs or devices and lets the department treat certain clinical study data plus confirming evidence as substantial evidence if it finds effectiveness is sufficiently established based on relevant science.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110025. (a) “Substantial evidence” means evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the effectiveness of the drug or device involved, on the basis that it could be fairly and responsibly concluded by the experts that the drug or device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling, proposed labeling, or advertising of any drug or device. (b) If the department determines, based on relevant science, that data from one adequate and well-controlled clinical investigation, and confirming evidence, obtained prior to or after the investigation, sufficiently establish effectiveness, then the department may consider that data and evidence, to constitute substantial evidence for purposes of the preceding sentence. (Amended by Stats. 2000, Ch. 796, Sec. 3. Effective January 1, 2001.)
  55. 11003.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “Agent” as an authorized person acting for or under the direction of a manufacturer, distributor, or dispenser, and excludes certain carriers and warehouse-related personnel.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11003. “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. (Repealed and added by Stats. 1972, Ch. 1407.)
  56. 110030.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says that “selling” food, drugs, devices, or cosmetics includes manufacturing, producing, processing, packing, exhibiting, offering, possessing, holding, selling, dispensing, giving, supplying, or applying them.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110030. The provisions of this part regarding the selling of any food, drug, device, or cosmetic include, but are not limited to, all of the following: (a) The manufacture, production, processing, and packing of any food, drug, device, or cosmetic. (b) The exhibition, offer, possession, or holding of any food, drug, device, or cosmetic for sale, dispensing, giving, supplying, or applying in the conduct of any establishment. (c) The sale, dispensing, giving, supplying, or applying of any food, drug, device, or cosmetic in the conduct of any establishment. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  57. 110035.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Existing department regulations for food, drug, device, or cosmetic matters stay in force until the department repeals them by adopting new regulations under this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110035. All regulations pertaining to any food, drug, device, or cosmetic adopted by the department that are in effect on the effective date of this part shall remain in effect until the department adopts regulations pursuant to this part which repeal the regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  58. 110036.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Existing laws and regulations on industrial hemp products stay in effect until federal-authorized regulations are adopted, and the department must adopt new regulations when required or needed to protect consumers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110036. All laws and regulations pertaining to industrial hemp products shall remain in effect until the adoption of regulations pursuant to the federal law that authorizes industrial hemp products. At that time, the department shall adopt new regulations either as necessary pursuant to the federal law or deemed necessary to protect consumers. (Added by Stats. 2021, Ch. 576, Sec. 4. (AB 45) Effective October 6, 2021.)
  59. 11004.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “Attorney General” as the Attorney General of the State of California.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11004. “Attorney General” means the Attorney General of the State of California. (Repealed and added by Stats. 1972, Ch. 1407.)
  60. 110040.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the part must be read so it does not conflict with specified food, agricultural, and alcohol-related laws and related regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. General Provisions and Definitions [109875 - 110040] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110040. This part shall be so construed as to not be in conflict with the Food and Agricultural Code, or with the Alcoholic Beverage Control Act, Division 9 (commencing with Section 23000) of the Business and Professions Code, and the regulations adopted pursuant thereto. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  61. 110045.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must administer and enforce this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110045. The department shall administer and enforce this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  62. 11005.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Board of Pharmacy” means the California State Board of Pharmacy.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11005. “Board of Pharmacy” means the California State Board of Pharmacy. (Repealed and added by Stats. 1972, Ch. 1407.)
  63. 110050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The Food Safety Fund is created in the State Treasury, and specified moneys must be deposited into it for department use after legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110050. The Food Safety Fund is hereby created as a special fund in the State Treasury. All moneys collected by the department under subdivision (c) of Section 110466 and Sections 110470, 110471, 110485, 114365, 114365.6, 111130, and 113717, and under Article 7 (commencing with Section 110810) of Chapter 5, or awarded to the department pursuant to court orders or settlements for the use of food safety-related activities, shall be deposited in the fund, for use by the department, upon appropriation by the Legislature, for the purposes of providing funds necessary to carry out and implement the inspection provisions of this part relating to food, licensing, inspection, enforcement, and other provisions of Article 12 (commencing with Section 111070) of Chapter 5, relating to water, the provisions relating to education and training in the prevention of microbial contamination pursuant to Section 110485, and the registration provisions of Article 7 (commencing with Section 110810) of Chapter 5, and to carry out and implement the provisions of the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104). (Amended by Stats. 2015, Ch. 18, Sec. 13. (SB 75) Effective June 24, 2015.)
  64. 110055.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must deposit money it collects under Sections 111830, 111885, and 111905 into the State Treasury for the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110055. All money collected by the department under Sections 111830, 111885, and 111905 shall be deposited into the State Treasury to the credit of the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  65. 11006.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “concentrated cannabis” and “cannabis concentrate,” with the definition changing over time starting in 2026 and again in 2028.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11006.5. (a) Before January 1, 2026, “concentrated cannabis” means the separated resin, whether crude or purified, obtained from cannabis. (b) Beginning on January 1, 2026, and until January 1, 2028, “concentrated cannabis” or “cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing potency, and includes extracts, oils, hash, dab, shatter, rosin, wax, and the separated resin, whether crude or purified. (c) Beginning on January 1, 2028, the following apply: (1) “Concentrated cannabis” or “cannabis concentrate” means cannabis or industrial hemp that has undergone a process to concentrate one or more active cannabinoids, thereby increasing potency, and includes extracts, oils, hash, dab, shatter, rosin, wax, and the separated resin, whether crude or purified. (2) “Cannabis concentrate” does not include CBD isolate, as defined in Section 26001 of the Business and Professions Code. (Amended by Stats. 2025, Ch. 248, Sec. 23. (AB 8) Effective January 1, 2026.)
  66. 110060.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The director and authorized agents of the department have the powers listed in Sections 100165 and 106500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110060. The director and authorized agents of the department shall have the powers set forth in Sections 100165 and 106500. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  67. 110061.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section requires the department to submit fingerprints and related information for certain workers to the Department of Justice, which must return a response. It also requires a specified branch chief or designee to review criminal history to decide whether a person is fit for the duties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110061. For the purposes of administering this part, Part 6 (commencing with Section 111940) of Division 104 of the Health and Safety Code, Section 104559.5 of the Health and Safety Code, and Division 8.5 (commencing with Section 22950) of the Business and Professions Code, the following shall apply: (a) The department shall submit to the Department of Justice fingerprints and related information required by the Department of Justice for all employees, prospective employees, contractors, or subcontractors whose duties include access to criminal offender record information, as defined in Section 11075 of the Penal Code, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (b) The department Food and Drug Branch Chief, or the designee of the Food and Drug Branch Chief that is a peace officer employee, shall review the criminal history of all persons listed in this section in order to make a final determination of a person’s fitness to perform duties. (Added by Stats. 2024, Ch. 997, Sec. 16. (AB 179) Effective September 30, 2024.)
  68. 110065.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt regulations needed to enforce this part, including emergency regulations, but must follow specified filing, timing, and comment procedures.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110065. (a) The department may adopt any regulations that it determines are necessary for the enforcement of this part. The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall, insofar as practicable, make these regulations conform with those adopted under the federal act or by the United States Department of Agriculture or by the Internal Revenue Service of the United States Treasury Department. (b) (1) The department may adopt emergency regulations to implement this division. (2) The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted as authorized by this section. That readoption shall be limited to one time for each regulation. (3) Notwithstanding any other law, the initial adoption of emergency regulations and the readoption of emergency regulations authorized by this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. The initial emergency regulations and the readopted emergency regulations authorized by this section shall be each submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days, by which time final regulations shall be adopted. (c) Initial regulations regarding industrial hemp shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), except that the department shall post the proposed regulations on its internet website for public comment for 30 days. The comments received shall be considered by the department and the final adopted regulations shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. This exemption does not apply to regulations adopted pursuant to Section 111921.3 or 111922. (Amended by Stats. 2021, Ch. 576, Sec. 5. (AB 45) Effective October 6, 2021.)
  69. 11007.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “controlled substance” as a drug, substance, or immediate precursor listed in certain schedules, unless otherwise specified.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11007. “Controlled substance,” unless otherwise specified, means a drug, substance, or immediate precursor which is listed in any schedule in Section 11054, 11055, 11056, 11057, or 11058. (Added by Stats. 1987, Ch. 1174, Sec. 1. Effective September 26, 1987.)
  70. 110070.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt regulations setting tolerances for certain harmful substances and additives, and may grant exemptions for additives used only for investigational or experimental purposes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110070. Whenever public health or other considerations in this state require, the department may adopt, upon its own motion, or upon the petition of any interested party, regulations that prescribe tolerances, included but not limited to zero tolerances, for poisonous or deleterious substances, food additives, pesticide chemicals, or color additives. The department may also prescribe the conditions under which a food additive or a color additive may be safely used and may grant exemptions for a food additive or color additive when it is to be used solely for investigational or experimental purposes. A petitioner shall establish, by data submitted to the department, that a necessity exists for such regulations and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient to allow the department to determine whether such regulations should be adopted, the department may require additional data to be submitted. Failure to comply with this requirement shall be sufficient grounds to deny the request. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  71. 110075.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When adopting regulations under Section 110070, the department must consider factors the petitioner provides.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110075. In adopting regulations, pursuant to Section 110070 of this part, the department shall consider all of the following factors that the petitioner shall furnish: (a) The name and all pertinent information concerning the poisonous or deleterious substance, food additive, pesticide chemical, or color additive, including its chemical identity and composition, its proposed use, including directions, recommendations, and suggestions, its proposed labeling, and all other relevant data bearing on its physical or other technical effect, and the quantity required to produce that effect. (b) The probable composition of any substance formed in or on a food, drug, device, or cosmetic resulting from the use of the substance. (c) The probable consumption and effect of the substance in the diet of man or any other animal. (d) Safety factors that, in the opinion of qualified experts, are generally recognized as appropriate for the use of animal experimentation data. (e) Practicable methods of analysis for determining the identity and quantity of all of the following: (1) Any substance which is in or on the food, drug, device, or cosmetic. (2) Any substance formed in or on the food, drug, device, or cosmetic because of the use of the substance. (3) The pure substance and its anticipated breakdown products and impurities. (f) Facts supporting the contention that the use of the substance will serve a useful purpose. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  72. 11008.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “customs broker” for controlled-substance provisions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11008. “Customs broker” means a person in this state who is authorized to act as a broker for any of the following: (a) A person in this state who is licensed to sell, distribute, or otherwise possess any controlled substance. (b) A person in any other state who ships any controlled substance into this state. (c) A person in this state or any other state who ships or transfers any controlled substance through this state. (Repealed and added by Stats. 1972, Ch. 1407.)
  73. 110080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may set pesticide tolerances for processed foods, and it must review and document those tolerances when specified pesticide-related actions occur.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110080. (a) All pesticide regulations and any amendments to these regulations adopted pursuant to the federal act or the Food and Agricultural Code, in effect on November 23, 1970, or adopted on or after this date, are the pesticide regulations in this state. The department may, by regulation, prescribe tolerances for pesticides in processed foods in this state whether or not these tolerances are in accordance with the regulations adopted pursuant to the federal act or the Food and Agricultural Code. (b) Except as otherwise provided in this subdivision, the department shall evaluate the tolerance prescribed, or an exemption from a tolerance granted, for a pesticide in processed foods and make a determination whether or not the existing tolerance, or the exemption from a tolerance, is protective of the public health whenever any one of the following occurs: (1) The Director of Food and Agriculture designates the pesticide as a restricted material pursuant to subdivisions (a) and (b) of Section 14004.5 of the Food and Agricultural Code. (2) The Director of Food and Agriculture refuses to register or cancels the registration of the pesticide pursuant to Section 12825, or suspends the registration of the pesticide pursuant to Section 12826, of the Food and Agricultural Code, upon determining that the pesticide is detrimental to the public health and safety. (3) The Director of Food and Agriculture adopts regulations restricting worker entry into areas treated with the pesticide pursuant to Section 12981 of the Food and Agricultural Code. (4) The pesticide is the subject of a proceeding pursuant to a determination by the Environmental Protection Agency under paragraph (3)(i)(A), (3)(ii)(A), (3)(ii)(B), or (3)(iii) of subsection (a) of Section 162.11 of Title 40 of the Code of Federal Regulations. The requirement to evaluate a tolerance prescribed, or an exemption from a tolerance granted, for a pesticide does not apply if the department finds that any of the actions described in paragraphs (1) to (4), inclusive, occurred for reasons that are not related to the question whether or not the existing tolerance, or the exemption from a tolerance, adequately protects the public health. If the department makes such a finding, the reasons for the finding shall be stated in writing. (c) The determination required by subdivision (b), and the reasons for the determination, shall be stated in writing. If the determination is required because any of the actions described in paragraphs (1) to (4), inclusive, of subdivision (b) occurs after January 1, 1985, the determination shall be completed within one year of the date of the action. If the determination is required because any of those actions occurred prior to January 1, 1985, the determination shall be completed by January 1, 1990. (d) In any case where the department, after consultation with the Department of Food and Agriculture, determines, pursuant to subdivision (b), that the tolerance prescribed, or an exemption from a tolerance granted, for a pesticide is not protective of the public health, the department shall, if it does not act immediately pursuant to subdivision (a), transmit notice of its determination to the responsible federal agencies and shall request that they take action, pursuant to the federal act, to modify the tolerance or an exemption from a tolerance. If, after one year from the date the notice is transmitted, the department finds that the responsible federal agencies have failed to take appropriate action to protect the public health, the department shall exercise its authority pursuant to subdivision (a) to prescribe a tolerance that is protective of the public health and shall notify the responsible federal agencies of its action. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Note: See Section 26205 (from which this section is derived) as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  74. 110085.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food additive regulations under the federal act are treated as this state’s food additive regulations, and the department may set use conditions by regulation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110085. All food additive regulations and any amendments to the regulations adopted pursuant to the federal act in effect on November 23, 1970, or adopted on or after that date, are the food additive regulations of this state. The department may, by regulation, prescribe conditions under which a food additive may be used in this state whether or not these conditions are in accordance with the regulations adopted pursuant to the federal act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  75. 11009.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “deliver” or “delivery” for a controlled substance as an actual, constructive, or attempted transfer from one person to another.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11009. “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (Added by Stats. 1972, Ch. 1407.)
  76. 110090.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section makes certain color additive regulations the state’s regulations and lets the department set use conditions by regulation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110090. All color additive regulations and any amendments to the regulations adopted pursuant to the federal act, in effect on November 23, 1970, or adopted on or after that date, are the color additive regulations of this state. The department may, by regulation, prescribe conditions under which a color additive may be used in this state whether or not those conditions are in accordance with regulations adopted pursuant to the federal act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  77. 110095.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt special dietary use regulations when it finds this necessary to inform purchasers of a food’s value for special dietary use.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110095. All special dietary use regulations and any amendments to regulations adopted pursuant to the federal act, in effect on November 23, 1970, or adopted on or after that date, are the special dietary use regulations of this state. If the department finds that it is necessary to inform purchasers of the value of a food for special dietary use, it may adopt any special dietary use regulation, whether or not the regulation is in accordance with the regulations adopted pursuant to the federal act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  78. 11010.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “dispense” as delivering a controlled substance to an ultimate user or research subject under a practitioner’s lawful order.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11010. “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, furnishing, packaging, labeling, or compounding necessary to prepare the substance for that delivery. (Repealed and added by Stats. 1972, Ch. 1407.)
  79. 110100.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt additional food labeling regulations, but before doing so it must seek comments from identified consumer groups and affected food industry representatives.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110100. (a) All food labeling regulations and any amendments to those regulations adopted pursuant to the federal act, in effect on January 1, 1993, or adopted on or after that date shall be the food labeling regulations of this state. (b) The department may, by regulation, adopt additional food labeling regulations. Prior to the adoption of any food labeling regulation pursuant to this subdivision, the department shall seek comments from consumer groups and representatives of the food industry that have been identified by the department as being affected by the proposed regulation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  80. 110105.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Good manufacturing practices regulations for food, drugs, devices, and cosmetics are treated as this state’s good manufacturing practices regulations. The department may adopt interpretative regulations to define “current good manufacturing practice” if it finds that doing so is necessary to protect consumers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110105. All good manufacturing practices regulations for any food, drug, device, or cosmetic and any amendments to the regulations adopted pursuant to the federal act in effect on November 23, 1970, or adopted on or after such date, are the good manufacturing practices regulations of this state. If the department finds that it is necessary for the protection of consumers, it may adopt interpretative regulations as necessary to define “current good manufacturing practice” as used in this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  81. 11011.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Dispenser” means a practitioner who dispenses.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11011. “Dispenser” means a practitioner who dispenses. (Repealed and added by Stats. 1972, Ch. 1407.)
  82. 110110.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section treats certain federal-linked drug and device application regulations as state regulations, and lets the department adopt needed regulations for administering and enforcing the part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110110. (a) All regulations relating to (1) new drug applications, except for abbreviated new drug applications, adopted pursuant to Section 505 of the federal act (21 U.S.C. Sec. 355), (2) applications for premarket approval of new devices, adopted pursuant to Section 515 of the federal act (21 U.S.C. Sec. 360e), (3) postmarketing reports, recordkeeping, and other postapproval requirements for approved new drug applications or approved new device premarket approval applications, adopted pursuant to the federal act, that are in effect on January 1, 1993, or that are adopted on or after that date, shall be the new drug and new device application regulations of this state. (b) The department may, by regulation, adopt any new drug or new device application regulation that it determines is necessary for the administration and enforcement of this part, whether or not the regulation is in accordance with the regulations adopted pursuant to the federal act. (Amended by Stats. 2000, Ch. 796, Sec. 4. Effective January 1, 2001.)
  83. 110111.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Nonprescription drug regulations in effect on January 1, 2000, or adopted later under the federal act, are state nonprescription drug regulations; the department may also adopt needed regulations if they do not add to or differ from federal requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110111. All nonprescription drug regulations and any amendments to those regulations adopted pursuant to the federal act, that are in effect on January 1, 2000, or that are adopted on or after that date, shall be the nonprescription drug regulations of the state. The department may adopt any nonprescription drug regulation it deems necessary for the administration and enforcement of this part, provided that the regulation is not different from, or in addition to, any requirement for nonprescription drugs pursuant to Section 751 (21 U.S.C. Sec. 379r) of the federal act. (Added by Stats. 2000, Ch. 796, Sec. 14. Effective January 1, 2001.)
  84. 110115.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A federal regulation adopted under this part takes effect in California 30 days after it becomes effective federally, but an adversely affected person may file written objections and request a hearing within the 30 days before state effectiveness.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110115. A federal regulation adopted pursuant to this part takes effect in this state 30 days after it becomes effective as a federal regulation. Any person who will be adversely affected by adoption of the federal regulation in this state may, within the 30 days prior to its becoming effective in this state, file with the department, in writing, objections and a request for a hearing. The timely filing of substantial objections to a regulation that has become effective under the federal act, stays the adoption of the regulation in this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  85. 11012.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “distribute” as delivering a controlled substance, but not when it is administered or dispensed.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11012. “Distribute” means to deliver other than by administering or dispensing a controlled substance. (Repealed and added by Stats. 1972, Ch. 1407.)
  86. 110120.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A newly proposed state regulation takes effect on the date set by the department if no substantial objections are filed and no hearing is requested within 30 days after publication.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110120. If no substantial objections are received and no hearing is requested within 30 days after publication of a newly proposed state regulation, it shall take effect on the date set by the department. The effective date shall be at least 60 days after the time for filing objections has expired. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  87. 110125.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If substantial objections are filed to certain federal or proposed regulations, the department must hold a public hearing, issue an order, and mail it to objectors.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110125. If substantial objections are made to a federal regulation within 30 days prior to its becoming effective in this state or to a proposed regulation within 30 days after it is published, the department, after notice, shall conduct a public hearing to receive evidence on issues raised by the objections. Any interested person or his or her representative may be heard. The department shall act upon objections by order and shall mail the order to objectors by certified mail as soon after the hearing as practicable. The order shall be based on evidence contained in the record of the hearing. If the order concerns a federal regulation, the department may adopt, rescind, or modify it. If the order concerns a proposed regulation, the department may withdraw it or set an effective date for the regulation as published or as modified by the order. The effective date shall be at least 60 days after publication of the order. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  88. 11013.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “distributor” for the Controlled Substances Act.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11013. “Distributor” means a person who distributes. The term distributor also includes warehousemen handling or storing controlled substances and customs brokers. (Repealed and added by Stats. 1972, Ch. 1407.)
  89. 110130.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Hearings required or authorized under this part must be conducted by the department or by an agent the department designates.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110130. Hearings authorized or required by this part shall be conducted by the department or agent as the department may designate for that purpose. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  90. 110135.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Before an alleged violation is reported for criminal prosecution, the person targeted may be given notice, a chance to explain why they should not be prosecuted, and a chance to present mitigating facts.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110045 - 110135] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110135. Before any alleged violation of this part is reported to the Attorney General, a district attorney, or a city attorney for the institution of a criminal proceeding, the person against whom this proceeding is contemplated may be given appropriate notice and an opportunity to show cause why he or she should not be prosecuted and to present additional facts that may mitigate the action. The showing may be presented either orally or in writing, in person, or by attorney. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  91. 11014.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

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    This section defines “drug” and excludes devices and their components, parts, or accessories.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11014. “Drug” means (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (c) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (d) substances intended for use as a component of any article specified in subdivision (a), (b), or (c) of this section. It does not include devices or their components, parts, or accessories. (Repealed and added by Stats. 1972, Ch. 1407.)
  92. 11014.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

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    This section defines “drug paraphernalia” and excludes certain drug-testing equipment from that definition.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11014.5. (a) “Drug paraphernalia” means all equipment, products, and materials of any kind that are designed for use or marketed 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 in violation of this division. It includes, but is not limited to: (1) Kits designed for use or marketed 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 designed for use or marketed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. (3) Isomerization devices designed for use or marketed for use in increasing the potency of any species of plant that is a controlled substance. (4) Scales and balances designed for use or marketed for use in weighing or measuring controlled substances. (5) Containers and other objects designed for use or marketed for use in storing or concealing controlled substances. (6) Hypodermic syringes, needles, and other objects designed for use or marketed for use in parenterally injecting controlled substances into the human body. (7) Objects designed for use or marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as: (A) Carburetion tubes and devices. (B) Smoking and carburetion masks. (C) 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. (D) Miniature cocaine spoons, and cocaine vials. (E) Chamber pipes. (F) Carburetor pipes. (G) Electric pipes. (H) Air-driven pipes. (I) Chillums. (J) Bongs. (K) Ice pipes or chillers. (8) 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 (d). (b) For the purposes of this section, the phrase “marketed for use” means advertising, distributing, offering for sale, displaying for sale, or selling in a manner that promotes the use of equipment, products, or materials with controlled substances. (c) 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) Instructions, oral or written, provided with the object concerning its use for ingesting, inhaling, or otherwise introducing a controlled substance into the human body. (3) Descriptive materials accompanying the object that explain or depict its use. (4) National and local advertising concerning its use. (5) The manner in which the object is displayed for sale. (6) 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. (7) Expert testimony concerning its use. (d) Notwithstanding paragraph (8) 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. (e) 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 the 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. 1. (AB 2136) Effective January 1, 2025.)
  93. 110140.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Authorized agents of the department may enter and inspect covered facilities, vehicles, and related materials at a reasonable time with proper credentials for enforcement of this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110140. For purposes of enforcement of this part, any authorized agent of the department may, upon presenting appropriate credentials and at a reasonable time, do any of the following: (a) Enter any factory, warehouse, or establishment in which any food, drug, device, or cosmetic is manufactured, packed, or held; enter any vehicle that is being used to transport or hold the food, drug, device, or cosmetic; or enter any place where any food, drug, device, or cosmetic is suspected of being held in violation of this part. (b) Inspect any factory, warehouse, establishment, vehicle, or place, and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. In the case of any factory, warehouse, establishment, or consulting laboratory in which any food, drug, device, or cosmetic is manufactured, packed, or held, inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the food, drug, device, or cosmetic is adulterated or misbranded, or falsely advertised within the meaning of this part or whether it has been or is being manufactured, packed, transported, sold, or offered for sale in violation of this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  94. 110145.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Inspections authorized by Section 110140 may not include certain financial, sales, pricing, personnel, or research data, subject to listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110145. The inspection authorized by Section 110140 shall not include any of the following: (a) Financial data. (b) Sales data, other than shipment data. (c) Pricing data. (d) Personnel data, except data as to qualifications of technical and professional personnel. (e) Research data, except data relating to any new drug or antibiotic drug that is subject to reporting and inspection under this part or the federal act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  95. 11015.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Federal bureau” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11015. “Federal bureau” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency. (Amended by Stats. 1992, Ch. 978, Sec. 2. Effective January 1, 1993.)
  96. 110150.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An authorized agent of the department may take samples or specimens of food, drugs, devices, or cosmetics, and must leave a receipt if samples are taken before leaving the premises.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110150. An authorized agent of the department may secure any sample or specimen of any food, drug, device, or cosmetic. If the agent obtains any samples prior to leaving the premises, he or she shall leave a receipt describing any sample obtained. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  97. 110155.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A department agent may inspect carriers’ records about certain food, drug, device, or cosmetic shipments; carriers are not otherwise subject to this part just because they transport or hold those items in the normal course of business.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110155. An authorized agent of the department shall have access to all records of carriers in commerce relating to the movement in commerce of any food, drug, device, or cosmetic, or the holding of that food, drug, device, or cosmetic during or after the movement, and the quantity, shipper, and consignee of the food, drug, device, or cosmetic. Evidence obtained under this section shall not be used in a criminal prosecution of the person from whom it is obtained. The carrier shall not be subject to the other provisions of this part by reason of their receipt, carriage, holding, or delivery of any food, drug, device, or cosmetic in the usual course of business as carriers. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  98. 11016.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “furnish” by referring to Section 4048.5 of the Business and Professions 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11016. “Furnish” has the same meaning as provided in Section 4048.5 of the Business and Professions Code. (Repealed and added by Stats. 1972, Ch. 1407.)
  99. 110160.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not refuse authorized entry, inspection, sample-taking, evidence-taking, or record-copying, and may not conceal or withhold samples or evidence.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110160. It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copying of any record as authorized by this part, or to conceal the samples or evidence, or withhold evidence concerning them. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  100. 110165.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    It is unlawful to use or disclose protected trade secret information obtained under this part, except in specified disclosures. The department may share such information with certain authorized FDA employees, and any receiving employee must be told the confidentiality restrictions and agree in writing to keep the information confidential.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Inspection and Sampling [110140 - 110165] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110165. It is unlawful for any person to use to his or her own advantage, or to reveal to any person other than to the director, officers, employees, or authorized agents of this department, or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of this part concerning any method or process which as a trade secret is entitled to protection. However, the department may reveal trade secret information in connection with the responsibilities of the department under this part, to any employee of the federal Food and Drug Administration who is authorized in writing by the Chief of the Food and Drug Branch of the department or his or her designee to receive this type of information. The employee receiving this type of information shall be informed in writing of the prohibitions under this section, shall be informed in writing that the information provided contains trade secrets, as defined under state and federal law, and shall agree in writing to keep the information confidential. (Amended by Stats. 1997, Ch. 516, Sec. 2. Effective January 1, 1998.)
  101. 11017.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “manufacturer” by cross-reference to Section 4034 of the Business and Professions 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11017. “Manufacturer” has the same meaning as provided in Section 4034 of the Business and Professions Code. (Added by Stats. 1972, Ch. 1407.)
  102. 110170.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Publicity [110170 - 110180] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may publish reports summarizing judgments and court orders made under this part, including the charge and its disposition.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Publicity [110170 - 110180] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110170. The department may publish reports summarizing all judgments and court orders that have been rendered under this part, including the nature of the charge and the disposition of the charge. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  103. 110175.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Publicity [110170 - 110180] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may distribute information about food, drugs, devices, or cosmetics when it considers that necessary to protect consumers’ health and safety or protect them from fraud.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Publicity [110170 - 110180] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110175. The department may distribute information regarding any food, drug, device, or cosmetic as the department considers necessary for the protection of the health and safety of the consumer or for his or her protection from fraud. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  104. 11018.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “cannabis” and lists what is included and excluded.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11018. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin from glandular trichomes or extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include either of the following: (a) Industrial hemp, as defined in Section 11018.5. (b) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. (Amended by Stats. 2025, Ch. 248, Sec. 24. (AB 8) Effective January 1, 2026. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
  105. 11018.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “cannabis products” and says products intended for human or animal consumption that contain or claim to contain THC are presumed to be cannabis products, unless the presumption is rebutted.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11018.1. (a) “Cannabis products” means a product containing cannabis or cannabis concentrate and includes, but is not limited to, edible, topical, and inhaled products, and products intended for use on, or consumption by, an animal. (b) It shall be presumed that a product intended for human or animal consumption that contains or purports to contain any tetrahydrocannabinol is a cannabis product, regardless of the nature or source of the cannabinoids. This presumption may be rebutted by evidence showing that the product complies with Chapter 9 (commencing with Section 111920) of Part 5 of Division 104 and any regulations promulgated pursuant to that chapter. (Amended by Stats. 2025, Ch. 248, Sec. 25. (AB 8) Effective January 1, 2026. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  106. 11018.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Cannabis accessories” means equipment, products, or materials used or intended for cannabis-related activities or for introducing cannabis or cannabis products into the human body.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11018.2. “Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. (Amended by Stats. 2017, Ch. 27, Sec. 117. (SB 94) Effective June 27, 2017. Note: This section was added on Nov. 8, 2016, by initiative Prop. 64.)
  107. 11018.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines industrial hemp and sets a 0.3% THC limit on a dry-weight basis.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11018.5. (a) (1) “Industrial hemp” or “hemp” means types of the plant Cannabis sativa Linnaeus or any part of that plant with a total tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis and is limited to only agricultural products, including seeds, propagated plant material, immature or mature plants, harvested plants, mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any preparation that does not contain cannabinoids. (2) Total tetrahydrocannabinol concentration includes both delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid, and shall be calculated using the following equation: Total THC concentration (mg/g) +/- the measurement of uncertainty, as defined by the Department of Food and Agriculture. (b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, except upon entry into the California licensed market under that division, and shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive. (c) The sale or delivery of hemp flower and hemp prerolls within the state is prohibited. (Amended by Stats. 2025, Ch. 248, Sec. 26. (AB 8) Effective January 1, 2026. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
  108. 110180.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Publicity [110170 - 110180] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may collect, report, or illustrate the results of its own investigations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Publicity [110170 - 110180] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110180. The department may collect, report, or illustrate the results of any investigation of the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  109. 11019.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “narcotic drug” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11019. “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. (b) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in subdivision (a), but not including the isoquinoline alkaloids of opium. (c) Opium poppy and poppy straw. (d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (e) Cocaine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof. (f) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof. (g) Acetylfentanyl, the thiophene analog thereof, derivatives of either, and any salt, compound, isomer, or preparation of acetylfentanyl or the thiophene analog thereof. (Amended by Stats. 1985, Ch. 1098, Sec. 1. Effective September 27, 1985.)
  110. 110190.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person shipping certain California-made food, drug, device, or cosmetic products to another state or country may ask the department for an export document, but must provide specified materials and fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110190. (a) Any person who ships to another state or country a food, drug, device, or cosmetic manufactured or produced in this state may request the department to issue an export document to reference the shipment of the food, drug, device, or cosmetic. The food, drug, device, or cosmetic shall be manufactured or produced in this state by a person who has a valid registration, license, certificate, or permit issued by the department under this part or the Miscellaneous Food, Food Facility, and Hazardous Substances Act (Section 27). For each request, the requesting person shall submit to the department, in hardcopy or the electronic formats described in subdivision (c), all of the following: (1) All labels, labeling, and advertising affixed to, accompanying, or relating to the food, drug, device, or cosmetic. The department shall accept electronic or paper copies of labels, labeling, or advertising. (2) If not clearly evident from the materials submitted pursuant to paragraph (1), the requester shall submit both of the following: (A) The name, place of business, and the type and number of the registration, license, certificate, or permit issued by the department to the manufacturer or producer of the food, drug, device, or cosmetic. (B) The identity of the food, drug, device, or cosmetic being shipped. (3) The name of the state or country to which the food, drug, device, or cosmetic is being shipped. (4) The approximate date of shipment of the food, drug, device, or cosmetic. (5) Additional statements the requesting person wishes to have incorporated into the export document. (6) The name and telephone number of the requesting person to whom the department may refer questions or requests for additional information. (b) The person making the request shall also submit the one-time fee required by paragraph (1) of subdivision (a) of Section 110210, if the fee has not yet been paid, and the minimum charge required by paragraph (2) of subdivision (a) of Section 110210. (c) The department shall accept requests for an export document submitted by email or other electronic methods. (1) For requests submitted by email or facsimile on or after January 1, 2014, payment of the fees described in subdivision (b) shall be provided to, and received by, the department within five business days after submittal of the request. The department shall suspend processing of a request if payment is not received within five business days, and shall resume processing once it receives the payment. (2) For requests submitted using an electronic document request submittal process developed by the department and available on the department’s Internet Web site, payment shall be submitted at the time of the request. (d) The department shall develop procedures to expedite approval of requests for an export document in which the labels, labeling, and advertising affixed to, accompanying, or relating to the food, drug, device, or cosmetic remain unchanged from a previously approved request for an export document for that food, drug, device, or cosmetic. (Amended by Stats. 2013, Ch. 539, Sec. 1. (AB 1400) Effective January 1, 2014.)
  111. 11020.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “opiate” and excludes dextromethorphan unless it is specifically designated as controlled under Chapter 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11020. “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Chapter 2 (commencing with Section 11053) of this division, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (Added by Stats. 1972, Ch. 1407.)
  112. 110200.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Export documents issued by the department must include specified product, shipment, authority, and destination details, and they expire one year after issuance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110200. (a) Each export document issued by the department shall do all of the following: (1) Identify either or both of the following: (A) The name and place of business of the manufacturer or producer of the food, drug, device, or cosmetic. (B) The name and place of business of the distributor of the food, drug, device, or cosmetic. (2) Identify the food, drug, device, or cosmetic being shipped. (3) Identify the state or country to which the food, drug, device, or cosmetic is being shipped. (4) Identify the approximate date of shipment. (5) Describe the department’s authority over the food, drug, device, or cosmetic to be shipped and its manufacturer or producer. (6) State that the department does not object to the sale of the food, drug, device, or cosmetic in this state or the shipment of the food, drug, device, or cosmetic to any other state or country. (b) Each export document issued by the department may, in the department’s sole discretion, include additional statements requested by the person who requested the export document. (c) Each export document issued by the department shall be issued by the Chief of the Food and Drug Branch of the department, or his or her designee. The chief or his or her designee may issue an export document prepared by the department or by the requesting person. (d) The export document shall expire one year after its issue date. (Amended by Stats. 2013, Ch. 539, Sec. 2. (AB 1400) Effective January 1, 2014.)
  113. 11021.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Opium poppy” means the plant species Papaver somniferum L., except its seeds.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11021. “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds. (Added by Stats. 1972, Ch. 1407.)
  114. 110210.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person asking the department to issue an export document must pay nonreturnable fees, and the department must give the payer a statement or invoice showing the costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110210. (a) Each person requesting the department to issue an export document shall pay nonreturnable fees as follows: (1) A one-time fee of one hundred dollars ($100). (2) A fee for service charge at the rate of eighty dollars ($80) per hour, at a minimum of twenty-five dollars ($25) per request. (3) Any attendant costs incurred by the department, including, but not limited to, the costs of additional inspection, priority mailing, or notary service necessitated by the request. (b) The fee amounts shall be adjusted annually pursuant to Section 100425. (c) In no case shall the fees exceed the reasonable costs of the department in administering this article. (d) The department shall provide to the person who pays the fees a statement or invoice that describes the costs paid from the fees. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  115. 11022.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “person” to include individuals, many business and government entities, and other legal entities.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11022. “Person” means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, or any other legal entity. (Amended by Stats. 1994, Ch. 1010, Sec. 159. Effective January 1, 1995.)
  116. 110220.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may refuse or invalidate export-document requests in specified situations, and a requesting person may seek reconsideration within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110220. (a) The department may refuse to accept any request where the information required to be submitted by this article is incomplete. (b) The department may refuse to issue an export document, or may invalidate an export document, if it finds, or has probable cause to believe, any of the following: (1) The food, drug, device, or cosmetic, or requesting person violated any provision of this part, the Miscellaneous Food, Food Facility, and Hazardous Substances Act (Section 27), or any regulation adopted pursuant to this part or that act. (2) Any information required to be submitted by this article is incomplete or false. (3) The requesting person has not paid all outstanding fees required by this article. (4) The food, drug, device, or cosmetic is not manufactured or produced in this state. (5) The food, drug, device, or cosmetic is intended to be exported under Section 110655, 110790, 111315, 111460, 111720, or 111785. (6) The food is a raw agricultural commodity or dairy product regulated by the Department of Food and Agriculture or a poultry or meat product regulated by the United States Department of Agriculture. (c) If the department refuses to issue an export document, or invalidates an export document, the department shall inform the requesting person in writing of the reasons for the refusal or invalidation. The requesting person may request reconsideration by forwarding a written request to the Chief of the Division of Environmental Health of the department. The request for reconsideration must be postmarked or received by the department no later than 30 days after the date of the department’s refusal or invalidation, and shall include a complete statement of all arguments and evidence that support the request for reconsideration. The Chief of the Division of Environmental Health shall notify the requesting person of his or her decision within 30 days. The decision of the Chief of the Division of Environmental Health shall be final. (d) It is the intent of the Legislature that the department shall respond to each request for issuance of an export document within five working days of receipt of the request by the Food and Drug Branch of the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  117. 110225.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful for any person to knowingly give the department false material facts in an export document request or to falsely say the department issued an export document.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110225. It is unlawful for any person to knowingly supply the department with false material facts in a request for an export document or to falsely represent that the department has issued an export document. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  118. 11023.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section says that “Pharmacy” has the same meaning as in Section 4035 of the Business and Professions 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11023. “Pharmacy” has the same meaning as provided in Section 4035 of the Business and Professions Code. (Added by Stats. 1972, Ch. 1407.)
  119. 110230.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A qualifying holder may ask the department for an official copy of its valid registration, license, certificate, or permit.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110230. Any person who has a valid registration, license, certificate, or permit issued by the department to manufacture or produce a food, drug, device, or cosmetic in this state may request the department to issue an official copy of the valid registration, license, certificate, or permit. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  120. 110235.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person who asks the department for an official copy of a registration, license, certificate, or permit must pay a nonreturnable fee, including $15 per copy plus certain attendant costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110235. (a) Each person requesting the department to issue an official copy of a valid registration, license, certificate, or permit shall pay nonreturnable fees as follows: (1) Fifteen dollars ($15) per official copy. (2) Any attendant costs incurred by the department, including, but not limited to, the costs of additional inspection, priority mailing, or notary service necessitated by the request. (b) The fee amount shall be adjusted annually pursuant to Section 100425. (c) The department shall provide to the person who pays the fees a statement or invoice that describes the costs paid from the fees. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  121. 11024.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines several health professions as people licensed to practice those professions in the state.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11024. “Physician,” “dentist,” “podiatrist,” “pharmacist,” “veterinarian,” and “optometrist” means persons who are licensed to practice their respective professions in this state. (Amended by Stats. 2000, Ch. 676, Sec. 6. Effective January 1, 2001.)
  122. 110240.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An Export Document Program Fund is established in the General Fund, and specified fees must be deposited into it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110240. There is established an Export Document Program Fund within the General Fund. All fees collected pursuant to Sections 110210 and 110235 shall be deposited into the Export Document Program Fund and, upon appropriation, shall be expended by the department for the purpose of administering this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  123. 110241.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Fees collected by the department for voluntary medical device review must be deposited into the Export Document Program Fund.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Export Documents [110190 - 110241] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110241. All fees collected by the department pursuant to requests to conduct a voluntary medical device review shall be deposited into the Export Document Program Fund and, upon appropriation, shall be expended for the purpose of determining if the device is a new device or is substantially equivalent to a current or previously marked device. (Added by Stats. 1997, Ch. 294, Sec. 12. Effective August 18, 1997.)
  124. 110242.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. California Rx Prescription Drug Web Site Program [110242 - 110243] ( Article 5 added by Stats. 2006, Ch. 720, Sec. 4. )

    Verify source ↗

    California’s health department must run a prescription drug website program and maintain a website with drug-price and resource information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. California Rx Prescription Drug Web Site Program [110242 - 110243] ( Article 5 added by Stats. 2006, Ch. 720, Sec. 4. ) ## 110242. (a) The California Rx Prescription Drug Web Site Program is hereby established. (b) The State Department of Health Care Services shall administer the program. The purpose of the program shall be to provide information to California residents and health care providers about options for obtaining prescription drugs at affordable prices. (c) The department shall establish a Web site on or before July 1, 2008, which shall, at a minimum, provide information about, and electronic links to, all of the following: (1) Prescription drug benefits available to Medicare beneficiaries, including the Voluntary Prescription Drug Benefit Program. (2) State programs that provide drugs at discounted prices for California residents. (3) Pharmaceutical manufacturer patient assistance programs that provide free or low-cost prescription drugs to qualifying individuals. (4) Other Web sites as deemed appropriate by the department that help California residents to safely obtain prescription drugs at affordable prices, including links to Web sites of health plans and health insurers regarding their prescription drug formularies. (d) The department’s Web site shall include price comparisons of at least 150 commonly prescribed prescription drugs, including typical prices charged by licensed pharmacies in the state. (e) The department shall ensure that the Web site established pursuant to this section is coordinated with, and does not duplicate, other Web sites that provide information about prescription drug options and costs. (f) Implementation of this section shall be contingent upon an appropriation, if the department determines that the requirements of this section cannot be implemented without additional funding, in which case the department shall request an appropriation from the Legislature for that purpose. (Amended by Stats. 2007, Ch. 483, Sec. 23. Effective January 1, 2008.)
  125. 110243.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. California Rx Prescription Drug Web Site Program [110242 - 110243] ( Article 5 added by Stats. 2006, Ch. 720, Sec. 4. )

    Verify source ↗

    Certain contracts, change orders, and related project notices under this article are exempt from listed procurement and administrative requirements, and change orders under this article do not require a contract amendment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Administration [110045 - 110243] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. California Rx Prescription Drug Web Site Program [110242 - 110243] ( Article 5 added by Stats. 2006, Ch. 720, Sec. 4. ) ## 110243. (a) Contracts and change orders entered into pursuant to this article and any project or systems development notice shall be exempt from all of the following: (1) The competitive bidding requirements of State Administrative Manual Management Memo 03-10. (2) The project authority requirements of Sections 4800 and following of the State Administrative Manual. (3) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (4) Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of the Government Code. (5) Section 11.05 of, and Provision 6 of Item 4260-001-0001 of, Section 2.00 of the Budget Act of 2005 (Ch. 38, Stats. 2005). (b) Change orders entered into pursuant to this article shall not require a contract amendment. (Added by Stats. 2006, Ch. 720, Sec. 4. Effective January 1, 2007.)
  126. 110245.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A dealer is exempt from prosecution for certain food, drug, device, or cosmetic violations if the items are in an original, unbroken, undamaged package with original labeling and several storage, sourcing, and guarantee conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110245. No dealer shall be prosecuted under this part for a violation concerning any food, drug, device, or cosmetic that is contained in an original, unbroken, and undamaged package that bears the original labeling if all of the following requirements are satisfied: (a) He or she has used reasonable care in the storage and handling of the food, drug, device, or cosmetic. (b) He or she received the food, drug, device, or cosmetic in the usual channels of trade as first-class merchantable stock and not as seconds or damaged articles or job lots purchased under conditions that indicate that the food, drug, device, or cosmetic was not usual first-class merchandise. (c) He or she can produce a guarantee to the effect that the food, drug, device, or cosmetic is not adulterated, misbranded, or falsely advertised, within the meaning of this part, or that it is not a food, drug, device, or cosmetic which, pursuant to this part, may not be sold or offered for sale in this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  127. 11025.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Poppy straw” is defined as all parts of the opium poppy, except the seeds, after mowing.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11025. “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing. (Added by Stats. 1972, Ch. 1407.)
  128. 110250.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A guarantee for certain foods, drugs, devices, or cosmetics must be dated before the sale and signed by the qualifying supplier.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110250. The guarantee shall be dated prior to the date of sale of the food, drug, device, or cosmetic and it shall be signed by the wholesaler, jobber, manufacturer, or other person located or residing in this state from whom the dealer received the food, drug, device, or cosmetic in good faith. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  129. 110255.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A guarantee can be general or special, and it must be produced before an alleged violation is reported for prosecution.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110255. A guarantee may be either a general guarantee or a special guarantee and shall be produced prior to the time of reporting an alleged violation to the Attorney General, the district attorney, or a city attorney for prosecution. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  130. 11026.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “practitioner” for controlled substances 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11026. “Practitioner” means any of the following: (a) A physician, dentist, veterinarian, podiatrist, or pharmacist acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, a registered nurse acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, a certified nurse-midwife acting within the scope of Section 2746.51 of the Business and Professions Code, a nurse practitioner acting within the scope of Section 2836.1 of the Business and Professions Code, or a physician assistant acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 or Section 3502.1 of the Business and Professions Code, or an optometrist acting within the scope of Section 3041 of the Business and Professions Code. (b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer, a controlled substance in the course of professional practice or research in this state. (c) A scientific investigator, or other person licensed, registered, or otherwise permitted, to distribute, dispense, conduct research with respect to, or administer, a controlled substance in the course of professional practice or research in this state. (Amended by Stats. 2001, Ch. 289, Sec. 10. Effective January 1, 2002.)
  131. 110260.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A general guarantor must guarantee, without condition or restriction, that covered foods, drugs, devices, and cosmetics are not adulterated, mislabeled, misbranded, falsely advertised, or otherwise barred from sale under this part.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110260. A general guarantee shall guarantee without condition or restriction any food, drug, device, or cosmetic that is produced, prepared, compounded, packed, distributed, or sold by the guarantor as not adulterated, mislabeled, misbranded, falsely advertised, or that the article is not an article under this part that may not be sold or offered for sale. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  132. 110265.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A special guarantee must cover the listed food, drug, device, or cosmetic and must be attached to, or fully identify, the invoice.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110265. A special guarantee shall guarantee in the same manner as a general guarantee the particular food, drug, device, or cosmetic listed in an invoice of the food, drug, device, or cosmetic, and shall be attached to, or shall fully identify, the invoice. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  133. 11027.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines several kinds of prescriptions, including ordinary prescriptions and electronic transmission, image transmission, and data transmission prescriptions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11027. (a) “Prescription” means an oral order or electronic transmission prescription for a controlled substance given individually for the person(s) for whom prescribed, directly from the prescriber to the furnisher or indirectly by means of a written order of the prescriber. (b) “Electronic transmission prescription” includes both image and data prescriptions. “Electronic image transmission prescription” is any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. “Electronic data transmission prescription” is any prescription order, other than an electronic image transmission prescription, which is electronically transmitted from a licensed prescriber to a pharmacy. (Amended by Stats. 1994, Ch. 26, Sec. 241. Effective March 30, 1994.)
  134. 110270.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Guarantees must include the guarantor’s name and address.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110270. All guarantees shall contain the name and address of the guarantor making the sale of food, drug, device, or cosmetic. A guarantee shall protect the person only when the food, drug, device, or cosmetic covered by the guarantee remains identical, both as to composition and labeling, with the food, drug, device, or cosmetic as composed and labeled when originally received from the guarantor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  135. 110275.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not give a false guarantee or undertaking.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110275. It is unlawful for any person to give a guarantee or undertaking that is false. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  136. 110280.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A guarantee that a food, drug, device, or cosmetic is not violating the federal act is treated as sufficient for this part, unless this part sets a higher standard for that item.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110280. If the guarantee is to the effect that the food, drug, device, or cosmetic is not in violation within the meaning of the federal act, it shall be sufficient for all the purposes of this part, and shall have the same force and effect as though it referred to this part, unless, pursuant to this part, the standard for the food, drug, device, or cosmetic concerned is higher than the standard for a like food, drug, device, or cosmetic under the federal act. In that case, this part shall prevail over the federal act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  137. 110285.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department has set a tolerance for certain substances in processed foods, it may require manufacturers to guarantee that the foods they market in the state meet that tolerance.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Guarantees [110245 - 110285] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110285. In any case where the department has adopted a regulation prescribing a tolerance, including, but not limited to, a zero tolerance, for a poisonous or deleterious substance, food additive, pesticide chemical, or color additive in processed foods, the department may require manufacturers to guarantee that foods they market in the state comply with the tolerance. The department may require a guarantee periodically but in no case more often than once each calendar quarter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  138. 110286.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3.5. Expiration Dates [110286- 110286.] ( Chapter 3.5 added by Stats. 2011, Ch. 681, Sec. 1. )

    Verify source ↗

    A retailer must not sell or offer for sale an over-the-counter drug after its expiration date.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3.5. Expiration Dates [110286- 110286.] ( Chapter 3.5 added by Stats. 2011, Ch. 681, Sec. 1. ) ## 110286. (a) A retailer shall not sell or offer for sale after the expiration date an over-the-counter drug. (b) Notwithstanding Section 111825, any retailer who violates this section is guilty of an infraction, punishable by a fine of not more than ten dollars ($10) per day for each item sold or offered for sale after the expiration date. The fine shall be calculated based upon the number of days past the expiration date that the product is either found being offered for sale, or if the product is sold, the date of sale as established by evidence of proof of purchase, including, but not limited to, a sales receipt. (c) The department may assess administrative penalties on a retailer who violates this section in the amount of ten dollars ($10) per day for each item sold or offered for sale, in addition to other penalties authorized by law. (d) For purposes of this section,“over-the-counter drug” means a nonprescription drug regulated by the federal Food and Drug Administration that is required to have an expiration date on its packaging pursuant to the federal act and federal regulations adopted pursuant to the federal act, including, but not limited to, Section 211.137 of Title 21 of the Code of Federal Regulations. (Added by Stats. 2011, Ch. 681, Sec. 1. (AB 688) Effective January 1, 2012.)
  139. 11029.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “production” to include manufacture, planting, cultivation, growing, or harvesting of 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11029. “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (Added by Stats. 1972, Ch. 1407.)
  140. 11029.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Security printer” means a person approved to produce controlled substance prescription forms under Section 11161.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11029.5. “Security printer” means a person approved to produce controlled substance prescription forms pursuant to Section 11161.5. (Added by Stats. 2003, Ch. 406, Sec. 2. Effective January 1, 2004.)
  141. 110290.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When deciding whether food, drug, device, or cosmetic labeling or advertising is misleading, all representations and omitted facts must be considered.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110290. In determining whether the labeling or advertisement of a food, drug, device, or cosmetic is misleading, all representations made or suggested by statement, word, design, device, sound, or any combination of these, shall be taken into account. The extent that the labeling or advertising fails to reveal facts concerning the food, drug, device, or cosmetic or consequences of customary use of the food, drug, device, or cosmetic shall also be considered. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  142. 110295.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A labeling requirement is not met unless the required information also appears on the outside container or wrapper of the retail package, or is easily legible through it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110295. The requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper of the retail package of any food, drug, device, or cosmetic, or is easily legible through the outside container or wrapper. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  143. 11030.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    “Ultimate user” means a person who lawfully possesses a controlled substance for personal use, household use, or to administer to an animal owned by the person or a household member.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11030. “Ultimate user” means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household. (Added by Stats. 1972, Ch. 1407.)
  144. 110300.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Any person is forbidden to forge, counterfeit, simulate, falsely represent, or use without proper authority any authorized or required mark, stamp, tag, label, or other identification device.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110300. It is unlawful for any person to forge, counterfeit, simulate, falsely represent, or without proper authority use, any mark, stamp, tag, label, or other identification device that is authorized or required by regulations adopted pursuant to this part or the federal act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  145. 11031.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines “wholesaler” by cross-reference to Section 4038 of the Business and Professions 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11031. “Wholesaler” has the same meaning as provided in Section 4038 of the Business and Professions Code. (Added by Stats. 1972, Ch. 1407.)
  146. 110310.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Manufacturers, packers, and distributors of prescription drugs or devices must provide requested printed package materials to licensed practitioners who ask in writing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110310. It is unlawful for any manufacturer, packer, or distributor of a prescription drug or device offered for sale in this state to fail to maintain for transmittal or to fail to transmit to any practitioner licensed by applicable state law to administer the drug or device who makes written request for information as to the drug or device true and correct copies of all printed matter that is required to be included in any package in which that drug or device is distributed or sold. Nothing in this section shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  147. 110315.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful to use another person’s trade name or identifying mark on food, drugs, devices, cosmetics, or their packages if done with intent to deceive.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110315. It is unlawful for any person, with the intent to deceive, to place, or cause to be placed upon any food, drug, device, or cosmetic, or its package, the trade name or other identifying mark or imprint of another person or any likeness of the trade name or other identifying mark or imprint of another person. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  148. 11032.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section defines certain terms used in other laws: “narcotics” means Schedules I and II controlled substances, “restricted dangerous drugs” means Schedules III and IV controlled substances, and “marijuana” means cannabis, unless the other law 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11032. If reference is made to the term “narcotics” in any law not in this division, unless otherwise expressly provided, it means those controlled substances classified in Schedules I and II, as defined in this division. If reference is made to “restricted dangerous drugs” not in this division, unless otherwise expressly provided, it means those controlled substances classified in Schedules III and IV. If reference is made to the term “marijuana” in any law not in this division, unless otherwise expressly provided, it means cannabis as defined in this division. (Amended by Stats. 2017, Ch. 27, Sec. 119. (SB 94) Effective June 27, 2017.)
  149. 110320.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not sell, dispense, dispose of, hold, or conceal certain food, drug, device, or cosmetic products or packages when they know prohibited third-party trade names or marks have been placed on them.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110320. It is unlawful for any person to sell, dispense, dispose of, hold, or conceal any food, drug, device, or cosmetic or its package, with knowledge that the trade name or other identifying marks, imprint, or likeness of the trade name or other identifying mark or imprint of another person has been placed on the food, drug, device, or cosmetic or its package in a manner prohibited by Section 110315. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  150. 110325.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Any person must not possess, make, sell, dispose of, cause to be made, or conceal a device used to counterfeit food, drugs, devices, cosmetics, or their packaging or labeling.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110325. It is unlawful for any person to possess, make, sell, dispose of, cause to be made, or conceal any punch, die, plate, or other device that may be used to render a food, drug, device, or cosmetic or its package or labeling a counterfeit. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  151. 11033.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    In this division, “isomer” includes optical and geometrical (diastereomeric) isomers unless another definition 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 1. General Provisions and Definitions [11000 - 11033] ( Chapter 1 added by Stats. 1972, Ch. 1407. ) ## 11033. As used in this division, except as otherwise defined, the term “isomer” includes optical and geometrical (diastereomeric) isomers. (Added by Stats. 1985, Ch. 21, Sec. 2. Effective April 2, 1985.)
  152. 110330.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not cause food, drugs, devices, or cosmetics to become counterfeit, or sell, dispense, or hold counterfeit versions for sale or dispensing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110330. It is unlawful for any person to do any act that causes any food, drug, device, or cosmetic to be a counterfeit, or to sell, dispense, or hold for sale or dispensing, the counterfeit food, drug, device, or cosmetic. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  153. 110335.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt regulations exempting certain foods, drugs, devices, or cosmetics from labeling or packaging requirements if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General [110290 - 110335] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110335. The department may adopt regulations exempting from any labeling or packaging requirements of this part any food, drug, device, or cosmetic that is in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed and packed, on condition that the food, drug, device, or cosmetic is not adulterated or misbranded under the provisions of this part upon removal from the processing, labeling, or repacking establishment. Such food, drug, device, or cosmetic is subject to all other applicable provisions of this part. All regulations relating to the exemptions that are in effect on the effective date of this part, or that are adopted on or after that date, pursuant to the federal act, are automatically effective in this state. The department may, however, adopt any additional regulations concerning exemptions. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  154. 110340.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Labels for foods, drugs, devices, and cosmetics must follow the net quantity labeling requirements in Section 4 of the Fair Packaging and Labeling Act and its regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110340. All labels of foods, drugs, devices, or cosmetics shall conform with the requirements of the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act (80 Stat. 1296; 15 U.S.C., Sec. 1451) and the regulations adopted pursuant thereto. Foods, drugs, devices, and cosmetics exempted from the requirements of Section 4 of the Fair Packaging and Labeling Act, however, are also exempt from this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  155. 110345.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If a package label says how many servings it contains, the label must also state the net quantity of each serving.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110345. The label of any package of a food, drug, device, or cosmetic that bears a representation as to the number of servings of the commodity contained in the package shall bear a statement of the net quantity, in terms of weight, measure, or numerical count, of each serving. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  156. 110350.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not distribute packaged food, drugs, devices, or cosmetics in commerce if qualifying words or phrases are used with the required net quantity statement.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110350. It is unlawful for any person to distribute, or cause to be distributed, in commerce any packaged food, drug, device, or cosmetic if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Section 110340. This section, however, does not prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents. Such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  157. 110355.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must adopt regulations for food, drugs, devices, or cosmetics when needed to prevent consumer deception or help consumers compare value, except for matters already covered by Section 110340.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110355. Whenever the department determines that regulations containing prohibitions or requirements, other than those prescribed by Section 110340, are necessary to prevent the deception of consumers or to facilitate value comparisons as to any food, drug, device, or cosmetic, the department shall adopt regulations with respect to that commodity. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  158. 110360.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may set standards for describing package size for food, drugs, devices, or cosmetics, but it cannot use this section to limit the size or form of those packages.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110360. The department may establish and define standards for the characterization of the size of a package that encloses any food, drug, device, or cosmetic, that may be used to supplement the label statement of net quantity of contents of packages containing the commodity. This section, however, does not authorize any limitation on the size, shape, weight, dimension, or number of packages that may be used to enclose any food, drug, device, or cosmetic. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  159. 110365.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may regulate certain printed statements on package labels for food, drugs, devices, or cosmetics.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110365. The department may regulate the placement upon any package that contains any food, drug, device, or cosmetic or upon any label affixed to the article, of any printed matter stating or representing by implication that the article is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to any purchaser of the article by reason of the size of that package or the quantity of its contents. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  160. 110370.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may require package labels for food, drugs, devices, and cosmetics to show the common or usual name of the article, and ingredient names in descending weight order for multi-ingredient products.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110370. The department may require that the label on each package of a food, drug, device, or cosmetic bear the common or usual name of the article, if any, and in case the article consists of two or more ingredients, the common or usual name of each ingredient listed in order of decreasing predominance by weight. This section, however, does not require that any trade secret be divulged. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  161. 110371.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A professional cosmetic made on or after July 1, 2020 for sale in California must have a label on its container that meets the federal labeling requirements that apply to other cosmetics.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110371. (a) A professional cosmetic manufactured on or after July 1, 2020, for sale in this state shall have a label affixed on the container that satisfies all of the labeling requirements for any other cosmetic pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301, et seq.), and the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451, et seq.). (b) The following definitions shall apply to this section: (1) “Ingredient” has the same meaning as in Section 111791.5. (2) “Professional” means a person that has been granted a license by the State Board of Barbering and Cosmetology to practice in the field of cosmetology, nail care, barbering, or esthetics. (3) “Professional cosmetic” means a cosmetic product as it is defined in Section 109900 that is intended or marketed to be used only by a professional on account of a specific ingredient, increased concentration of an ingredient, or other quality that requires safe handling, or is otherwise used by a professional. (Added by Stats. 2018, Ch. 393, Sec. 2. (AB 2775) Effective January 1, 2019.)
  162. 110375.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Containers used for packed commodities must not be deceptive or misleading, and nonfunctional slack fill can make a package misleading.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110375. (a) No container wherein commodities are packed shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled, wholly or partially, as to facilitate the perpetration of deception or fraud. (b) No container shall be made, formed, or filled as to be misleading. A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack fill is the empty space in a package that is filled to substantially less than its capacity for reasons other than any one or more of the following: (1) Protection of the contents of the package. (2) The requirements of machines used for enclosing the contents of the package. (3) Unavoidable product settling during shipping and handling. (4) The need to utilize a larger than required package or container to provide adequate space for the legible presentation of mandatory and necessary labeling information, such as those based on the regulations adopted by the United States Food and Drug Administration or state or federal agencies under federal or state law, laws or regulations adopted by foreign governments, or under an industrywide voluntary labeling program. (5) The fact that the product consists of a commodity that is packaged in a decorative or representational container where the container is part of the presentation of the product and has value that is both significant in proportion to the value of the product and independent of its function to hold the product, such as a gift combined with a container that is intended for further use after the product is consumed, or durable commemorative or promotional packages. (6) An inability to increase the level of fill or to further reduce the size of the package, such as where some minimum package size is necessary to accommodate required labeling, discourage pilfering, facilitate handling, or accommodate tamper-resistant devices. (7) The product container bears a reasonable relationship to the actual amount of product contained inside, and the dimensions of the actual product container, the product, or the amount of product therein is visible to the consumer at the point of sale, or where obvious secondary use packaging is involved. (8) One or more of the following: (A) The dimensions of the product or immediate product container are visible through the exterior packaging. (B) The actual size of the product or immediate product container is clearly and conspicuously depicted on any side of the exterior packaging, excluding the bottom, accompanied by a clear and conspicuous disclosure that the depiction is the “actual size” of the product or immediate product container. If there are multiple units of the same product in a package, only one “actual size” depiction is required per same size product or immediate product container. (C) A line or a graphic that represents the product or product fill and a statement communicating that the line or graphic represents the product or product fill such as “Fill Line,” both of which are clearly and conspicuously depicted on exterior packaging or the immediate product container if visible at point of sale. If the product is subject to settling, the line shall represent the minimum amount of product after settling. (9) The presence of any headspace within an immediate product container necessary to facilitate the mixing, adding, shaking, or dispensing of liquids or powders by consumers before use. (10) The exterior packaging contains a product delivery or dosing device if the device is visible, or a clear and conspicuous depiction of the device appears on the exterior packaging, or it is readily apparent from the conspicuous exterior disclosures or the nature and name of the product that a delivery or dosing device is contained in the package. (11) The exterior packaging or immediate product container is a kit that consists of a system, or multiple components, designed to produce a particular result that is not dependent upon the quantity of the contents, if the purpose of the kit is clearly and conspicuously disclosed on the exterior packaging. (12) The exterior packaging of the product is routinely displayed using tester units or demonstrations to consumers in retail stores, so that customers can see the actual, immediate container of the product being sold, or a depiction of the actual size of the container before purchase. (13) The exterior packaging consists of single or multiunit presentation boxes of holiday or gift packages if the purchaser can adequately determine the quantity and sizes of the immediate product container at the point of sale. (14) The exterior packaging is for a combination of one purchased product, together with a free sample or gift, wherein the exterior packaging is necessarily larger than it would otherwise be due to the inclusion of the sample or gift, if the presence of both products and the quantity of each product are clearly and conspicuously disclosed on the exterior packaging. (15) The mode of commerce does not allow the consumer to view or handle the physical container or product. (c) Slack fill in a package shall not be used as grounds to allege a violation of this section based solely on its presence unless it is nonfunctional slack fill. (d) Any sealer may seize a container that facilitates the perpetration of deception or fraud and the contents of the container. By order of the superior court of the county within which a violation of this section occurs, the containers seized shall be condemned and destroyed or released upon any condition as the court may impose to ensure against their use in violation of this chapter. The contents of any condemned container shall be returned to the owner if the owner furnishes proper facilities for the return. (Amended by Stats. 2018, Ch. 544, Sec. 3. (AB 2632) Effective January 1, 2019.)
  163. 110380.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may prescribe packaging and labeling regulations for foods, drugs, devices, and cosmetics when necessary.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110380. All regulations and their amendments pertaining to foods, drugs, devices, and cosmetics that are in effect on the effective date of this part, or that are adopted on or after that date, pursuant to the Fair Packaging and Labeling Act (80 Stat. 1296; 15 U.S.C. Sec. 1451 et seq.) shall be the regulations of this state. The department may, when necessary, prescribe any packaging and labeling regulation for foods, drugs, devices, and cosmetics whether or not the regulation is in accordance with regulations adopted under the Fair Packaging and Labeling Act. No regulations shall be adopted that are contrary to the labeling requirements for the net quantity of contents required pursuant to Section 4 of the Federal Fair Packaging and Labeling Act and the regulations adopted pursuant to that section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  164. 110385.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not distribute food, drugs, devices, or cosmetics in commerce if the packaging or labeling does not comply with this article or its regulations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Fair Packaging and Labeling [110340 - 110385] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110385. It is unlawful for any person to distribute in commerce any food, drug, device, or cosmetic, if its packaging or labeling does not conform to the provisions of this article or to regulations adopted pursuant to this article. This section does not apply to persons engaged in business as wholesale or retail distributors of foods, drugs, devices, or cosmetics, except to the extent that they are engaged in the packaging or labeling of the commodities or they prescribe or specify the manner in which the commodities are packaged or labeled. This section shall not be construed to repeal, invalidate, or supersede any other section of this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  165. 110390.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not disseminate a false advertisement for any food, drug, device, or cosmetic.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110390. It is unlawful for any person to disseminate any false advertisement of any food, drug, device, or cosmetic. An advertisement is false if it is false or misleading in any particular. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  166. 110395.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not manufacture, sell, deliver, hold, or offer for sale any food, drug, device, or cosmetic that is falsely advertised.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110395. It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any food, drug, device, or cosmetic that is falsely advertised. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  167. 110398.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not advertise any food, drug, device, or cosmetic if it is adulterated or misbranded.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110398. It is unlawful for any person to advertise any food, drug, device, or cosmetic that is adulterated or misbranded. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  168. 110400.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not receive in commerce, deliver, or offer for delivery any food, drug, device, or cosmetic that is falsely advertised.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110400. It is unlawful for any person to receive in commerce any food, drug, device, or cosmetic that is falsely advertised or to deliver or proffer for delivery any such food, drug, device, or cosmetic. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  169. 110403.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not advertise a drug or device as having an effect on the listed conditions, disorders, or diseases, unless Section 110405 provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110403. Except as otherwise provided in Section 110405, it is unlawful for a person to advertise a drug or device represented to have an effect in any of the following conditions, disorders, or diseases: (a) Appendicitis. (b) Blood disorders. (c) Bone or joint diseases. (d) Kidney diseases or disorders. (e) Cancer. (f) Carbuncles. (g) Diseases, disorders, or conditions of the eye. (h) Diabetes. (i) Diphtheria. (j) Gallbladder diseases or disorders. (k) Heart and vascular diseases. (l) High blood pressure. (m) Diseases or disorders of the ear or auditory apparatus, including hearing loss and deafness. (n) Measles. (o) Meningitis. (p) Mental disease or intellectual disability. (q) Paralysis. (r) Pneumonia. (s) Poliomyelitis. (t) Prostate gland disorders. (u) Conditions of the scalp, affecting hair loss, or baldness. (v) Alcoholism. (w) Periodontal diseases. (x) Epilepsy. (y) Goiter. (z) Endocrine disorders. (aa) Sexual impotence. (ab) Sinus infections. (ac) Encephalitis. (ad) Tumors. (ae) Venereal diseases. (af) Tuberculosis. (ag) Ulcers of the stomach. (ah) Varicose ulcers. (ai) Scarlet fever. (aj) Typhoid fever. (ak) Whooping cough. (al) Acquired immunodeficiency syndrome (AIDS). (am) AIDS-related complex (ARC). (an) Diseases, disorders, or conditions of the immune system. (Amended by Stats. 2012, Ch. 457, Sec. 31. (SB 1381) Effective January 1, 2013.)
  170. 110405.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An ad that is already lawful under Section 110390 is also not unlawful under Section 110403 if it meets one of the listed medical/public-health or approved-product conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110405. An advertisement that is not unlawful under Section 110390 is not unlawful under Section 110403 if it is either one of the following: (a) Disseminated only to members of the medical, dental, pharmaceutical, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of drugs or devices. (b) An advertisement that a drug or device has a specific curative or therapeutic effect on a condition, disorder, or disease listed in Section 110403 if the drug or device is approved or cleared for marketing for that specific curative or therapeutic effect through any of the following means: (1) A new drug application approved pursuant to Section 111500, or Section 505 of the federal act (21 U.S.C. Sec. 355). (2) An abbreviated new drug application approved pursuant to Section 505 of the federal act (21 U.S.C. Sec. 355). (3) A licensed biological product pursuant to Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262). (4) A nonprescription drug that meets the requirements of Part 330 of Title 21 of the Code of Federal Regulations. (5) A new animal drug application approved under Section 512 of the federal act (21 U.S.C. Sec. 360b). (6) An abbreviated new animal drug application approved pursuant to Section 512 of the federal act (21 U.S.C. Sec. 360b). (7) A new device application approved pursuant to Section 111550. (8) A device premarket approval application approved under Section 515 of the federal act (21 U.S.C. Sec. 360e). (9) A determination of substantial equivalence for a device pursuant to Section 513(f)(1) of the federal act (21 U.S.C. Sec. 360c(i)). (Amended by Stats. 2000, Ch. 796, Sec. 6. Effective January 1, 2001.)
  171. 110407.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Industrial hemp product manufacturers, distributors, and sellers must not put or spread false health-related claims on labels, advertising, or marketing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110407. (a) A manufacturer, distributor, or seller of an industrial hemp product shall not include on the label of the product, or publish or disseminate in advertising or marketing, any health-related statement that is untrue in any particular manner as to the health effects of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp in violation of this part. (b) For purposes of this section, “health-related statement” means a statement related to health, and includes a statement of a curative or therapeutic nature that, expressly or impliedly, suggests a relationship between the consumption of industrial hemp or industrial hemp products and health benefits or effects on health. However, “health-related statement” does not include statements required to be made pursuant to federal Food and Drug Administration regulations for active ingredients in prescription drugs, nonprescription over-the-counter drugs containing inactive ingredients, or structure-function claims allowed for dietary supplements made in accordance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343(r)(6)). (Added by Stats. 2021, Ch. 576, Sec. 6. (AB 45) Effective October 6, 2021.)
  172. 110410.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section says section 110403 should not be read as saying self-medication for other conditions, disorders, or diseases is safe or effective.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110410. Section 110403 shall not be construed as indicating that self-medication for conditions, disorders, or diseases other than those named is safe or efficacious. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  173. 110413.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Most publishers, broadcasters, and ad-distribution intermediaries are not liable for spreading a false advertisement, unless they refuse to give the department the required name and address information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110413. 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 food, drug, device, or cosmetic to which a false advertisement relates, shall be liable under this article for the dissemination of the false advertisement, unless he or she has refused to furnish the department with the name and address of the manufacturer, packer, distributor, seller, or advertising agency, residing in this state who caused him or her to disseminate the advertisement. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  174. 110415.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Advertising or otherwise representing chopped or ground beef or hamburger is unlawful if it violates Section 110805.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110415. It shall be unlawful to advertise or otherwise represent chopped or ground beef or hamburger in violation of Section 110805. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  175. 110420.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Fragrance advertising inserts in newspapers, magazines, mailings, or other periodically printed material must use only microencapsulated oils, use glue tabs or binders to prevent premature activation, and meet a maximum paperstock porosity standard.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Advertising [110390 - 110420] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110420. (a) Any fragrance advertising insert contained in a newspaper, magazine, mailing, or other periodically printed material shall contain only microencapsulated oils. Glue tabs or binders shall be used to prevent premature activation of the fragrance advertising insert. “Fragrance advertising insert” means a printed piece with encapsulated fragrance applied to it that is activated by opening a flap or removing an overlying ply of paper. Paperstocks employed in the manufacture of fragrance advertising inserts shall have a maximum porosity of 20 Sheffield units or 172 Gurley-Hill units. (b) Any person who distributes fragrance advertising inserts in violation of this section, is guilty of an infraction and shall, if convicted, be subject to a fine of one hundred dollars ($100) for each distribution. The fine shall apply to each mass mailing or distribution, and to each mass publication of a magazine or newspaper in violation of this section. The fine shall not apply, however, to each individual letter, magazine, newspaper, or fragrance advertising insert so distributed. Section 111825 is not applicable to violations of this section. (c) This section shall become operative on January 1, 1992. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  176. 110422.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Dietary Supplement Labeling and Advertising [110422 - 110422.5] ( Article 4 added by Stats. 2002, Ch. 1006, Sec. 1. )

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    If a dietary supplement carries a warning label, the label must be clear and conspicuous.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Dietary Supplement Labeling and Advertising [110422 - 110422.5] ( Article 4 added by Stats. 2002, Ch. 1006, Sec. 1. ) ## 110422. (a) Whenever a warning label is included on any product defined as a dietary supplement pursuant to Section 321(ff) of Title 21 of the United States Code, that is manufactured or distributed in this state, the label shall be clear and conspicuous. (b) Nothing in this section shall in any way limit or restrict any rights, remedies, or duties otherwise applicable by law. (c) This section shall be implemented to the extent permitted by federal law. (Added by Stats. 2002, Ch. 1006, Sec. 1. Effective January 1, 2003.)
  177. 110422.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Dietary Supplement Labeling and Advertising [110422 - 110422.5] ( Article 4 added by Stats. 2002, Ch. 1006, Sec. 1. )

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    Violating this article is an infraction punishable by a fine, with higher maximum fines for repeat violations.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Dietary Supplement Labeling and Advertising [110422 - 110422.5] ( Article 4 added by Stats. 2002, Ch. 1006, Sec. 1. ) ## 110422.5. Violation of this article by any person, as defined in Section 109995, shall constitute an infraction, punishable by a fine not to exceed the following: (a) One thousand dollars ($1,000) for the first violation. (b) Two thousand dollars ($2,000) for the second violation. (c) Five thousand dollars ($5,000) for the third and each subsequent violation. (Added by renumbering Section 110424 by Stats. 2016, Ch. 86, Sec. 194. (SB 1171) Effective January 1, 2017.)
  178. 110423.100.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4.5. Ephedrine Group Alkaloids [110423.100 - 110423.101] ( Article 4.5 added by Stats. 2003, Ch. 903, Sec. 1. )

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    Sale or distribution of dietary supplement products containing ephedrine group alkaloids is prohibited, subject to the stated notwithstanding clause.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4.5. Ephedrine Group Alkaloids [110423.100 - 110423.101] ( Article 4.5 added by Stats. 2003, Ch. 903, Sec. 1. ) ## 110423.100. Notwithstanding Article 4 (commencing with Section 110423), the sale or distribution of any dietary supplement products containing ephedrine group alkaloids is prohibited. (Added by Stats. 2003, Ch. 903, Sec. 1. Effective January 1, 2004.)
  179. 110423.101.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4.5. Ephedrine Group Alkaloids [110423.100 - 110423.101] ( Article 4.5 added by Stats. 2003, Ch. 903, Sec. 1. )

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    This section says Article 4.5 does not apply to certain ephedrine-group-alkaloid products and related transactions, but Article 4 does apply instead.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Packaging, Labeling,and Advertising [110290 - 110423.101] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4.5. Ephedrine Group Alkaloids [110423.100 - 110423.101] ( Article 4.5 added by Stats. 2003, Ch. 903, Sec. 1. ) ## 110423.101. This article shall not apply, but Article 4 (commencing with Section 110423) shall apply, to any of the following: (a) A California licensed health care practitioner who is practicing within his or her scope of practice and who prescribes or dispenses, or both, dietary supplement products containing ephedrine group alkaloids in the course of the treatment of a patient under the direct care of that licensed health care practitioner, except that a licensed health care practitioner shall not prescribe or dispense dietary supplements containing ephedrine group alkaloids for purposes of weight loss, body building, or athletic performance enhancement. (b) Dietary supplement products containing ephedrine group alkaloids that are sold or distributed directly to a licensed health care practitioner when the dietary supplement product containing ephedrine group alkaloids is used solely for the purpose of the treatment of patients under the direct care of the health care practitioner. (c) Dietary supplement products containing ephedrine group alkaloids that are sold or distributed directly to a licensed pharmacist for resale to a patient for whom the products have been prescribed pursuant to subdivision (a). (d) Dietary supplement products containing ephedrine group alkaloids that are not for resale in California and that are sold or distributed directly to businesses not located in California. (Added by Stats. 2003, Ch. 903, Sec. 1. Effective January 1, 2004.)
  180. 110424.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. )

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    This section defines key terms used in the prenatal multivitamin chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. ) ## 110424. For purposes of this chapter, the following definitions apply: (a) “Brand owner” means the person who owns or licenses the trademark that is the most prominent trademark on the principal display panel of the prenatal multivitamin product label. The manufacturer of a prenatal multivitamin for another person who owns the trademark is not the brand owner. (b) “Bulk prenatal multivitamin product” means the bulk prenatal multivitamin product in finished dosage form before it is packaged and labeled. Bulk prenatal multivitamin product does not mean the constituent ingredients of prenatal multivitamins. (c) “Heavy metals” means arsenic, cadmium, lead, and mercury. (d) “Lot” means a batch, or a specific identified portion of a batch, that is uniform and is intended to meet specifications for identity, purity, strength, and composition or, in the case of a dietary supplement produced by continuous process, a specific identified amount produced in a specified unit of time or quantity in a manner that is uniform and that is intended to meet specifications for identity, purity, strength, and composition. (e) “Manufacturer” means a person who is either of the following: (1) A brand owner who manufactures, as defined in Section 109970, a prenatal multivitamin. (2) A person who manufactures, as defined in Section 109970, but is not the brand owner of a prenatal multivitamin. (f) “Packaged prenatal multivitamin product” means the bulk prenatal multivitamin product that has been packaged for sale or distribution to the public or health care professionals. The product label may include, but is not required to have, a unique universal product code (UPC). (g) “Prenatal multivitamin” means a dietary supplement that contains one or more vitamins or minerals and is represented or purported to be specifically used, or intended to be used, to support the health of an individual who is pregnant, planning to become pregnant, or lactating. Prenatal multivitamins may be in the form of, but are not limited to, capsules, tablets, gummies, liquids, or powder. (h) “Product label” means a display of written, printed, or graphic material that is affixed to a product’s immediate container. (i) “Product shelf life” means the time, measured in the number of months, as printed on the product label, between the date of manufacture and the expiration date for a packaged prenatal multivitamin product. (j) “Proficient laboratory” is a laboratory that meets the criteria listed in subdivision (b) of Section 110424.1. (k) “Representative sample” means a sample that consists of a number of units that are drawn based on rational criteria, such as random sampling, and intended to ensure that the sample accurately portrays the material being sampled. (Added by Stats. 2025, Ch. 602, Sec. 1. (SB 646) Effective January 1, 2026.)
  181. 110424.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. )

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    Manufacturers of bulk or packaged prenatal multivitamins sold or handled in the state must test a representative sample from each lot for heavy metals at a proficient laboratory, starting January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. ) ## 110424.1. (a) Commencing January 1, 2027, a manufacturer of a bulk prenatal multivitamin product or a packaged prenatal multivitamin product that is sold, manufactured, delivered, held, or offered for sale in the state shall test a representative sample of each lot of the manufacturer’s bulk prenatal multivitamin product or packaged prenatal multivitamin product at a proficient laboratory for heavy metals. (b) The proficient laboratory, including a manufacturer’s in-house laboratory, that analyzes the bulk prenatal multivitamin product or packaged prenatal multivitamin product for heavy metals shall meet all of the following criteria: (1) (A) Be accredited under the standards of the International Organization for Standardization’s (ISO) and the International Electrotechnical Commission’s (IEC) ISO/IEC 17025:2017 international standard regarding the general requirements for the competence of testing and calibration laboratories as they pertain to the testing of heavy metals. (B) To the extent such standards contradict the requirements of any federal regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act pertinent to supplements, the federal regulations shall control. (2) Use an analytical method that is at least as sensitive and specific as that described in Section 4.7 of the United States Food and Drug Administration’s Elemental Analysis Manual for Food and Related Products: Inductively Coupled Plasma-Mass Spectrometric Determination of Arsenic, Cadmium, Chromium, Lead, Mercury, and Other Elements in Food Using Microwave Assisted Digestion. (3) Demonstrate proficiency in quantifying each heavy metal to 10 micrograms or less of the heavy metal to kilogram of supplement (μg/kg) through an independent proficiency test. Proficiency means that a laboratory achieves a z-score that is less than, or equal to, plus or minus two (≤ ±2). (c) Both manufacturers and brand owners shall provide test results to an authorized agent of the department upon their request pursuant to Article 2 (commencing with Section 110140) of Chapter 2 or Article 11 (commencing with Section 111015) of Chapter 5. If a brand owner does not manufacture the bulk prenatal multivitamin product or packaged prenatal multivitamin product, they may comply with this subdivision by providing the test results of the manufacturer they use to produce the bulk prenatal multivitamin product or packaged prenatal multivitamin product. (Added by Stats. 2025, Ch. 602, Sec. 1. (SB 646) Effective January 1, 2026.)
  182. 110424.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. )

    Verify source ↗

    Starting January 1, 2027, brand owners of packaged prenatal multivitamins must publicly post specified product and heavy-metal information online and add required website or packaging statements; by January 1, 2030, noncompliant products may not be sold or otherwise handled 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 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. ) ## 110424.2. Commencing January 1, 2027, a brand owner of a packaged prenatal multivitamin product that is sold, manufactured, delivered, held, or offered for sale in the state, including, without limitation, prenatal multivitamins that are sold by a retailer or that are sold directly to consumers, shall disclose product information to the public consistent with all of the following: (a) (1) Make publicly available on the brand owner’s internet website, for the duration of the product shelf life for a packaged prenatal multivitamin product plus one month, all of the following: (A) The name and level of each heavy metal present in each lot of a packaged prenatal multivitamin product. (B) Information from the product’s supplement facts panel, including the amount per serving of each ingredient. (C) The statement: “Prenatal multivitamins containing certain minerals critical to support an expectant person’s health and proper development of their fetus may contain trace levels of heavy metals that occur in the environment naturally or from human activities. The levels of heavy metals in prenatal multivitamin ingredients may vary depending on whether and at what levels the prenatal multivitamin contains these ingredients, as well as the location from which the ingredients are sourced. Certain foods containing minerals critical to support an expectant person’s health and proper development of their fetus may also contain heavy metals. For more information, speak with your physician about choosing a prenatal multivitamin that meets your specific nutrient needs.” (2) The information required in paragraph (1) shall all be provided on the same web page. (b) The heavy metal testing information shall be available to the public without having to provide a UPC number, a lot number, or a proof of purchase. (c) Provide descriptive information on its internet website to enable accurate identification of the packaged prenatal multivitamin product by the public, including information that makes the levels of heavy metals available to the public by lot. Descriptive information may include, but is not limited to, product name, UPC, size, or lot numbers. (d) An internet website hyperlink to the United States Food and Drug Administration (FDA) where the public can find the most recent FDA internet website relating to heavy metals in food. (e) On the brand owner’s internet website describing a packaged prenatal multivitamin product, include a prominent statement that reads “For information about heavy metal testing on this product” followed by a hyperlink to the internet website that contains the publicly available test results. (f) (1) For a product sold in a retail store that is shipped to retailers on or after January 1, 2027, the outermost “package,” as defined in Section 1459(b) of Title 15 of the United States Code, of a packaged prenatal multivitamin product shall include a statement that reads: “For information about heavy metal testing on this product, visit” followed by the web address where the information required by subdivision (a) is posted. (2) For a product sold online or directly to consumers that is shipped to consumers on or after January 1, 2027, the product details page for the product, on an internet website where the product is sold, shall include a statement that reads: “For information about heavy metal testing on this product, visit” followed by a hyperlink to the internet website where the information required by subdivision (a) is posted. (3) On or after January 1, 2030, a person shall not sell in the state or manufacture, deliver, hold, or offer for sale in the state a prenatal multivitamin, including, without limitation, a prenatal multivitamin that is sold by a retailer or that is sold directly to consumers, that does not include the packaging or online statements specified in paragraphs (1) and (2). (Added by Stats. 2025, Ch. 602, Sec. 1. (SB 646) Effective January 1, 2026.)
  183. 110424.3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. )

    Verify source ↗

    A person must not sell, manufacture, deliver, hold, or offer for sale a prenatal multivitamin in the state if it does not comply with 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 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4.5. Prenatal Multivitamins [110424 - 110424.3] ( Chapter 4.5 added by Stats. 2025, Ch. 602, Sec. 1. ) ## 110424.3. A person shall not sell in the state or manufacture, deliver, hold, or offer for sale in the state a prenatal multivitamin, including, without limitation, a prenatal multivitamin that is sold by a retailer or that is sold directly to consumers, that does not comply with the requirements described in this chapter. (Added by Stats. 2025, Ch. 602, Sec. 1. (SB 646) Effective January 1, 2026.)
  184. 110425.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Beer covered by the Alcoholic Beverage Control Act is subject only to the chapter’s adulteration and misbranding provisions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110425. Beer, that is subject to the Alcoholic Beverage Control Act, Division 9 (commencing with Section 23000) of the Business and Professions Code, shall only be subject to the provisions of this chapter that relate to adulteration and misbranding. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  185. 110430.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department finds a contaminated class of food may be harmful, it must adopt regulations for permits, and no person may introduce that food into commerce after the prescribed date without a department-issued permit.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110430. Whenever the department finds that a class of food distributed in this state may, by reason of contamination with micro-organisms during manufacture, packing, or storage, be injurious to the health of any man or other animal that consumes it and that the injurious nature cannot be adequately determined after this food has entered commerce, the department shall adopt regulations providing for the issuance of permits to manufacturers, processors, or packers of the class of food. These permits shall establish conditions governing the manufacture, packing, or storage of the class of food for the period of time as may be necessary to protect the public health. The regulations shall prescribe a date after which no person shall introduce or deliver for introduction into commerce any food manufactured, packed, or stored by any manufacturer, processor, or packer, unless the person holds a permit issued by the department as provided by the regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  186. 110435.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may immediately suspend a permit if a permit condition is violated, and the permit holder may apply for reinstatement at any time.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110435. The department may suspend immediately, upon written or oral notice, any permit issued pursuant to Section 110430 if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended may at any time apply for reinstatement of the permit. The department shall, after prompt hearing and inspection of the establishment, reinstate the permit immediately, if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  187. 110440.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Authorized agents of the department may enter permitted factories or establishments to check compliance, and denial of access can lead to permit suspension until access is given.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110440. Any authorized agent of the department shall have access to any factory or establishment that operates under permit from the department for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for such inspection shall be grounds for suspension of the permit until the access is freely given by the holder of the permit or his or her agent. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  188. 110445.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Certain added poisonous or deleterious substances, and certain food additives, are treated as unsafe for food unless a qualifying regulation limits their quantity and use.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110445. Any added poisonous or deleterious substance, or any food additive, pesticide chemical, preservative, or color additive, shall be considered unsafe for use with respect to any food unless there is in effect a regulation adopted pursuant to Section 110080, 110085, or 110090, that limits the quantity and the use, or intended use, of the substance to the terms prescribed by the regulation. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  189. 110450.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must prepare and submit a residue-monitoring program for processed foods and include specific lists, criteria, and testing details.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110450. On or before September 1, 1985, the department shall, within the limits of available resources, prepare and submit to the Legislature a program for detecting and monitoring chemical and pesticide residues in processed foods. In preparing the program, the department shall do all of the following: (a) Establish a list of chemical and pesticides developed from a knowledge of chemicals used in the food industry in processed foods and from the 96 pesticides on the Department of Food and Agriculture residue scan, for which analysis will be done by the department. The list shall include an explanation of why the listed chemicals and pesticides were selected. The Department of Food and Agriculture shall cooperate with the department in establishing the list required by this subdivision. In selecting the chemicals and pesticides to be placed on the list, the department shall make use of the following criteria: (1) Chemicals that have been identified as having possible carcinogenic, reproductive, or mutagenic effects. (2) Patterns of use in California. (3) Quantities of use in California. (4) Chemicals appearing as residues in processed food because of environmental persistence or resistance to degradation under conditions existing in the processing, manufacturing, milling, or shipping of processed foods sold in California. (5) Chemicals that have the potential of chronic toxicity due to low continuous exposure. The department may revise the list and is authorized to add or remove chemicals or pesticides based on relevant information that becomes available to it after the list has been established and based on its experience in detecting the presence of chemical substances in processed foods under the sampling and testing program developed pursuant to subdivision (b). (b) The department shall design a sampling and testing program that does all of the following: (1) Samples and tests processed food products that form a significant portion of the diet of the general population, and that may contain residues of the chemical substances on the list established pursuant to subdivision (a). (2) Provides for specific testing of individual chemicals on the list established pursuant to subdivision (a) when a chemical cannot be detected using multiresidue testing procedures and when the department determines that the chemical may be the cause of chronic health effects. (3) Lists the foods to be sampled, the stages of processing in which the foods will be sampled, the sampling frequency, and the techniques used in sampling. (4) A description of plans for sampling processed imported foods from other states and countries. (c) As used in this section, “processed food” means any food chemically or physically altered from a raw agricultural commodity by chemical, mechanical, thermal, or other processes. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  190. 110455.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must run and maintain a monitoring program for processed foods and consider specified information and priorities when designing and operating it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Generally [110425 - 110455] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110455. (a) On or before July 1, 1990, the department shall commence and maintain a program for monitoring processed foods for pesticide residues, chemicals, microbes, and other contaminants. In designing the program, the department shall take into consideration any information developed pursuant to Section 110450. (b) The department shall consult with the Department of Food and Agriculture in designing the pesticide residue component of the monitoring program, to facilitate focusing the testing in areas of greatest concern. Among the pesticides to be reviewed for possible monitoring shall be those contained in the lists of pesticides identified in Section 12535 of the Food and Agricultural Code. (c) In the development and ongoing operation of the department’s monitoring program, the department shall consider, in establishing priorities: (1) Potential concentration effects that may occur during processing. (2) Targeting foreign and domestic imported processed foods according to their estimated California market share. (3) The extent to which processed foods are a part of the infant and child diet. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996. Note: See Section 26205.5 (from which this section is derived) as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  191. 110460.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People may not manufacture, pack, or hold processed food in this state unless they have a valid department registration.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110460. No person shall engage in the manufacture, packing, or holding of any processed food in this state unless the person has a valid registration from the department, except those engaged exclusively in the storing, handling, or processing of dried beans. The registration shall be valid for one calendar year from the date of issue, unless it is revoked. The registration shall not be transferable. This section shall not apply to a cottage food operation that is registered or has a permit pursuant to Section 114365 or a microenterprise home kitchen, as defined in Section 113825. (Amended by Stats. 2018, Ch. 470, Sec. 2. (AB 626) Effective January 1, 2019.)
  192. 110461.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not manufacture, pack, or hold processed food in the state unless the food is in a duly registered food processing facility.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110461. It is unlawful for any person to manufacture, pack, or hold processed food in this state unless in a food processing facility duly registered, as provided in this part. (Added by renumbering Section 110780 by Stats. 1999, Ch. 915, Sec. 6. Effective January 1, 2000.)
  193. 110462.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not willfully make a false statement or representation, or knowingly omit a required fact, in a registration or renewal application.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110462. It is unlawful for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed in the application for registration or renewal of registration, as provided in this article. (Added by renumbering Section 110785 by Stats. 1999, Ch. 915, Sec. 7. Effective January 1, 2000.)
  194. 110465.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A separate registration is required for each place of manufacture, packing, or holding.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110465. A separate registration is required for each place of manufacture, packing, or holding. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  195. 110466.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must inspect food processing facilities, including annual inspections and pre-registration inspections for new facilities, and may adjust or waive annual inspections based on risk.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110466. (a) Commencing January 1, 2000, the department shall use the resources provided by the registration fees assessed by this article to inspect new and registered food processing facilities to determine compliance with this part. The department shall target the inspections and adjust their scope, depth, and frequency based on the department’s statewide assessment of public health risk potential. In assessing public health risk potential, the department shall consider, at a minimum, the potential and actual health risks associated with processed foods manufactured, packed, or held in this state, and the food safety practices and compliance histories of persons who manufacture, pack, or hold processed foods in this state. (b) Commencing January 1, 2001, the department, pursuant to this chapter, shall conduct an annual inspection of each registered food processing facility and inspect each new food processing facility prior to issuing a new registration pursuant to Section 110460. This annual inspection requirement may be adjusted or waived based on an assessment of the food processing facility pursuant to subdivision (a). (c) The department may perform one or more reinspections of each new and registered food processing facility as necessary to prevent repeated or continuing violations of this part and for the purposes of approving the issuance of a new registration. The department shall charge a fee of one hundred dollars ($100) per hour to cover the costs of performing the reinspections of the same food processing facility within any 12-month period. (Amended by Stats. 2005, Ch. 401, Sec. 2. Effective January 1, 2006.)
  196. 110467.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A violation of this part or its regulations can be grounds to deny, suspend, or revoke a registration.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110467. Any violation of any provision of this part or any regulation adopted pursuant to this part shall be grounds for denying a registration or for suspending or revoking a registration. Proceedings for the denial, suspension, or revocation of a registration shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted in that chapter. (Added by Stats. 1999, Ch. 915, Sec. 9. Effective January 1, 2000.)
  197. 110469.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A wholesale food manufacturing facility that makes products containing industrial hemp must register and follow good manufacturing practices. Industrial hemp may not be used in dietary supplements or food products unless the manufacturer proves two listed source-and-compliance conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110469. (a) A wholesale food manufacturing facility that manufactures products that contain industrial hemp shall be registered in accordance with Section 110460 and shall comply with good manufacturing practices as defined in Section 110105 and as determined by the department in regulation. (b) Industrial hemp shall not be used in dietary supplements or food products unless the manufacturer demonstrates both of the following: (1) All parts of the hemp plant used in dietary supplements or food products come from a state or country that has an established and approved industrial hemp program that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human or animal consumption. (2) The industrial hemp cultivator or grower is in good standing and in compliance with the governing laws of the state or country of origin. (Added by Stats. 2021, Ch. 576, Sec. 7. (AB 45) Effective October 6, 2021.)
  198. 110470.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A food processing facility registration application must be completed every year and include a nonreturnable registration fee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110470. A registration application provided by the department shall be completed annually and accompanied by a nonreturnable registration fee. The fee for a new or renewal registration for a food processing facility shall be as follows: Holding Food Only: _____ Fee Fee Fee Fee _____ through commencing commencing commencing _____ 12/31/99 01/01/2000 01/01/2001 01/01/2000 _____ _____ through and Los Angeles, _____ _____ 12/31/2000 ongoing Orange, San _____ _____ _____ _____ Bernardino _____ _____ _____ _____ Counties and _____ _____ _____ _____ the City of _____ _____ _____ _____ Vernon Size of Facility: 0–5,000 sq. ft. $257.85 $300 $300 $300 5,001–10,000 sq. ft. 257.85 350 400 350 Over 10,000 sq. ft. 386.77 500 600 500 Manufacturing or Packing of Food: _____ Fee Fee Fee Fee _____ through commencing commencing commencing _____ 12/31/99 01/01/2000 01/01/2001 01/01/2000 _____ _____ _____ through and Los Angeles, _____ _____ 12/31/2000 ongoing Orange, San _____ _____ _____ _____ _____ Bernardino _____ _____ _____ _____ Counties and _____ _____ _____ _____ the City of _____ _____ _____ _____ Vernon Number of Size of Employees Facility 0–2 _____ $257.85 $300 $300 $300 3–5 0–5,000 sq. ft. 257.85 350 400 350 6–20 0–5,000 sq. ft. 386.77 500 600 500 More than 20 0–5,000 sq. ft. 515.70 700 900 700 3–5 Over 5,000 sq. ft. 257.85 500 600 500 6–20 Over 5,000 sq. ft. 515.70 700 900 700 21–50 Over 5,000 sq. ft. 644.52 935 1,250 850 51–100 Over 5,000 sq. ft. 644.52 985 1,350 850 101–200 Over 5,000 sq. ft. 644.52 1,035 1,450 850 201 or more Over 5,000 sq. ft. 644.52 1,085 1,550 850 A penalty of 1 percent per month shall be added to any registration fee not paid when due. The fee amount shall be adjusted annually pursuant to Section 100425. (Repealed and added by Stats. 1999, Ch. 915, Sec. 11. Effective January 1, 2000.)
  199. 110471.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must raise registration fees by 15% starting January 1, 2006, and certain processed-food businesses must pay an extra $250 registration fee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110471. (a) Commencing January 1, 2006, the department shall make a one-time 15 percent cost-of-living adjustment to the registration fees established in Section 110470. (b) Commencing January 1, 2006, every person engaged in the manufacture, packing, or holding of processed food in this state that is subject to the requirements of Part 120 or 123 of Title 21 of the Code of Federal Regulations shall pay two hundred fifty dollars ($250) in addition to their annual registration fee paid pursuant to Section 110470. (c) Revenue received pursuant to this section shall be deposited into the Food Safety Fund created by Section 110050. (d) Upon appropriation, the additional fee deposited in the Food Safety Fund shall be used by the department to conduct inspections and reviews of those facilities required to have Hazard Analysis Critical Control Point (HACCP) plans or Standard Sanitation Operating Procedures (SSOPs). (Added by Stats. 2005, Ch. 401, Sec. 3. Effective January 1, 2006.)
  200. 110472.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must develop, implement, and evaluate the processed food program, and it must do so in consultation with listed stakeholders.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 2. Registration [110460 - 110495] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110472. The department, in consultation with the California Conference of Directors of Environmental Health (CCDEH), representatives of the food processing industry, representatives of the local health departments of, Los Angeles, Orange, and San Bernardino Counties, and the City of Vernon, and any other person or entity deemed appropriate by the department shall develop, implement, and evaluate the processed food program in accordance with this chapter. In developing the processed food program, consideration shall be given to all aspects of the program provided for in this chapter. (Added by Stats. 1999, Ch. 915, Sec. 12. Effective January 1, 2000.)

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