Health and Safety Code — Part 8 | HSC — United States — California law | Esheria

Health and Safety Code

Part 8 of 87 · provisions 1,401–1,600

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. 110473.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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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    Some registered food processing facilities used exclusively for charitable purposes do not have to pay the fees required by Section 110470 if they also meet Revenue and Taxation Code Section 214.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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. ) ## 110473. Notwithstanding the requirements of Section 110470, any person who is required to be registered under this chapter and is operating the food processing facility exclusively for charitable purposes, and meets the requirements of Section 214 of the Revenue and Taxation Code, shall not be required to submit any fees required by Section 110470. (Added by Stats. 1999, Ch. 915, Sec. 13. Effective January 1, 2000.)
  2. 110474.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 valid processed-food registration does not exempt a person from other licensing, registration, or certification requirements, and some related fees are charged at the single highest fee level.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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. ) ## 110474. Nothing in this chapter shall relieve a person who has a valid registration to manufacture, pack, or hold processed food issued by the department from any other requirements for licensure, registration, or certification under Article 7 (commencing with Section 110810), Article 12 (commencing with Section 111070), or Part 6 (commencing with Section 111940). The registration fee due to the department under this article from a person who holds one or more licenses, registrations, or certificates issued by the department pursuant to Article 12 (commencing with Section 111070) or Chapters 5 to 10, inclusive of Part 6 (commencing with Section 112150) shall be the fee for the single highest cost license, registration, or certificate only. Cannery inspection fees collected pursuant to Section 112730 and organic processed food registration fees collected pursuant to Section 110875 shall be in addition to any registration fees that may be collected under this article. (Added by Stats. 1999, Ch. 915, Sec. 14. Effective January 1, 2000.)
  3. 110475.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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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    Registered persons must immediately tell the department if any information on their registration application changes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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. ) ## 110475. Any person registered pursuant to this article shall immediately notify the department of any change in the information reported on the registration application. (Amended by Stats. 1999, Ch. 915, Sec. 15. Effective January 1, 2000.)
  4. 110480.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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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    Some people and entities are exempt from this article’s food registration requirements, and certain local governments keep inspection authority.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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. ) ## 110480. (a) The registration requirements of this article do not apply to a person whose manufacturing, packing, or holding of processed food is limited solely to temporarily holding processed foods for up to seven days for further transport if the foods are not potentially hazardous foods, as defined in Section 110005, or to a person whose manufacturing, packing, or holding of processed food is limited solely to activities authorized by any of the following: (1) A valid bottled water or water vending machine license issued pursuant to Article 12 (commencing with Section 111070). (2) A valid pet food license issued pursuant to Chapter 10 (commencing with Section 113025) of Part 6. (3) A valid permit issued pursuant to Chapter 4 (commencing with Section 113700) of Part 7 to a food facility including a food facility that manufactures, packs, or holds processed food for sale at wholesale, provided the food facility that manufactures, packs, or holds processed food for sale at wholesale does not meet any of the following conditions: (A) Has gross annual wholesale sales of processed foods of more than 25 percent of total food sales. (B) Sells processed foods outside the jurisdiction of the local health department. (C) Sells processed foods that require labeling pursuant to this part. (D) Processes or handles fresh seafood, frozen seafood held in bulk for further processing, or fresh or frozen raw shellfish. (E) Salvages processed foods for sale other than at the retail food facility. (4) A valid cold storage license issued pursuant to Chapter 6 (commencing with Section 112350) of Part 6. (5) A valid cannery license issued pursuant to Chapter 8 (commencing with Section 112650) of Part 6. (6) A valid shellfish certificate issued pursuant to Chapter 5 (commencing with Section 112150) of Part 6. (7) A valid frozen food locker plant license issued pursuant to Chapter 7 (commencing with Section 112500) of Part 6. (8) A valid beer manufacturer’s license, winegrower’s license, or wine blender’s license pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code. (9) A valid milk products plant, margarine, imitation ice cream, imitation ice milk, or a products resembling milk products plant license, issued pursuant to Division 15 (commencing with Section 32501) of the Food and Agricultural Code. (10) A valid permit issued by a local health department to operate a processing establishment, as defined in Section 111955, that only holds or warehouses processed food, pursuant to Article 1 (commencing with Section 111950) of Chapter 4 of Part 6, provided that all of the following conditions are met: (A) The warehouse does not manufacture or pack processed food. (B) The warehouse does not hold fresh seafood, frozen seafood held in bulk for further processing, or fresh or frozen raw shellfish. (C) The warehouse is not operated as an integral part of a food processing facility required to be registered pursuant to Section 110460. (D) The warehouse facilities are located entirely within the area under the jurisdiction of the local health department. (E) The warehouse does not salvage food as the primary business. (b) An entity that provides food services other than the manufacturing, packing, or holding of processed food is subject to applicable provisions of the California Retail Food Code, as set forth in Part 7 (commencing with Section 113700). (c) This section does not limit the authority of the Counties of Los Angeles, San Bernardino, and Orange, or of the City of Vernon, to conduct any inspections otherwise authorized by Chapter 4 (commencing with Section 111950) of Part 6. (Amended by Stats. 2019, Ch. 277, Sec. 1. (AB 746) Effective January 1, 2020.)
  5. 110485.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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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    Certain processed-food businesses must pay a $100 food safety fee to the department, and late payment triggers a 10% monthly penalty.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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. ) ## 110485. (a) Every person who is engaged in the manufacture, packing, or holding of processed food in this state shall pay a food safety fee of one hundred dollars ($100) to the department in addition to any fees paid pursuant to Section 110470. (b) Revenue received pursuant to this section shall be deposited in the Food Safety Fund created pursuant to Section 110050. A penalty of 10 percent per month shall be added to any food safety fee not paid when due. (c) Upon appropriation, the food safety fees deposited in the Food Safety Fund shall be used by the department to assist in developing and implementing education and training programs related to food safety. These programs shall be developed in consultation with representatives of the food processing industry. Implementation shall include education and training in the prevention of microbial contamination. (d) This section does not apply to companies exclusively involved in flour milling, dried bean processing, or in the drying or milling of rice, or to those individual registrants the director determines should not be assessed because substantial economic hardship would result to those registrants. For the purposes of this subdivision, the substantial hardship exemption shall be extended only to registrants whose wholesale gross annual income from the registered business is twenty thousand dollars ($20,000) or less. (Amended by Stats. 2015, Ch. 477, Sec. 1. (AB 384) Effective January 1, 2016.)
  6. 110490.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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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    Labs that test foods for pesticide chemical residues for others must be accredited, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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. ) ## 110490. (a) A laboratory that performs analyses of foods for pesticide chemical residues for other persons shall be accredited pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. This subdivision shall not apply to any of the following: (1) A laboratory operated by a government agency. (2) A laboratory not operated for commercial purposes that performs pesticide chemical residue analysis on foods for research or quality control for the internal use of the person initiating the analysis. For purposes of this section, “commercial purposes” means that the laboratory performs pesticide chemical residue analysis on the foods primarily for the purpose of making a profit. (b) A laboratory accredited pursuant to Section 12591 of the Food and Agricultural Code shall not be required to be accredited under this section until January 1, 1992. (c) A laboratory that performs analyses of foods for pesticide chemical residues, but that is not required by subdivision (a) to be accredited may apply for accreditation pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101. (d) This section shall become operative on January 1, 1991, or 60 days after the initial set of regulations adopted pursuant to Sections 100830 and 100835 becomes effective, whichever is later. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  7. 110495.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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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    Labs and related persons that analyze food for pesticide chemicals must report certain residue findings to the appropriate state agency quickly, and no later than 24 hours after the finding, when the food is in the channels of trade.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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. ) ## 110495. (a) Every laboratory or other person which performs or which brokers or otherwise arranges for the performance of pesticide chemical analysis on food shall report to the appropriate state agency any finding of pesticide chemical residues in a food for which no chemical residue tolerance has been established or that is in excess of federal or state residue tolerances or tolerances for a pesticide suspended, banned, or otherwise not permitted by the Department of Pesticide Regulation or the Environmental Protection Agency, if the food is in the channels of trade. The report shall be made as soon as possible, and in any event, not later than 24 hours after the analyzing laboratory makes the finding. Findings on raw agricultural commodities and dairy products shall be reported to the Department of Food and Agriculture. Findings on raw agricultural commodities shall also be reported to the Department of Pesticide Regulation. Findings on all other foods shall be made to the State Department of Health Services. (b) For the purpose of reporting findings regarding raw agricultural commodities, “in the channels of trade” means the point at which the raw agricultural commodities leave the farm, including raw agricultural commodities bound for processing up to the point that processing is initiated. For the purpose of reporting findings in processed foods, “in the channels of trade” means at the point the processed food leaves the direct control of the processor, which means either that the product is not located on the premises owned by, or under the control of, the processor or a portion of the product has been released for sale or use. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  8. 110505.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section makes certain federal or later-adopted definitions and standards of identity, quality, and fill the state standards, and lets the department set its own standards by regulation for any 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110505. Definitions and standards of identity, quality, and fill of container, and any amendments to the definitions and standards, adopted pursuant to the federal act in effect on the effective date of this part, or adopted on or after that date, are the definitions and standards of identity, quality, and fill of container in this state. The department may, by regulation, establish definitions and standards of identity, quality, and fill of container for any food whether or not the definitions and standards are in accordance with the federal regulations, when in its judgment such action will promote honesty and fair dealing in the interest of consumers. This section shall not apply to wine. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  9. 110510.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    When the department sets a food identity standard, it must specify which optional ingredients must be listed on the label. The section does not apply to wine.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110510. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall designate the optional ingredients that shall be named on the label. This section shall not apply to wine. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  10. 110515.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A temporary federal permit for experimental food packs is automatically effective in this state, and the department must issue a permit when no federal permit exists and the packs are to be manufactured and tested only within this 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110515. A temporary permit which is granted by the Food and Drug Administration of the Department of Health, Education and Welfare of the United States for interstate shipment of experimental packs of food that vary from the requirements of federal definitions and standards of identity is automatically effective in this state under the provisions provided in the permit. The department shall issue a permit when no federal permit exists and when the experimental packs are to be manufactured and tested only within this state. The permit is subject to any term or condition that the department may prescribe. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  11. 110520.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section makes IRS definitions and standards of identity and quality for distilled spirits into California standards, and lets the department set its own standards 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110520. Definitions and standards of identity and quality for distilled spirits and their amendments adopted by the Internal Revenue Service of the Treasury Department of the United States in effect on the effective date of this part, or adopted on or after that date, are the definitions and standards of identity and quality for distilled spirits in this state. The department may, by regulation, establish definitions and standards of identity and quality for any distilled spirit whether or not the definitions and standards are in accordance with regulations adopted by the Internal Revenue Service of the Treasury Department of the United States, when in its judgment the action will promote honesty and fair dealing in the interest of the consumers. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  12. 110525.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may regulate wine identity and quality standards, but it may not adopt container size, type, or fill standards for certain wine; wine containers sold in the state must conform to current federal container standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 3. Standard of Identity, Quality, and Fill [110505 - 110525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110525. The department may, by regulation, establish definitions and standards of identity and quality for wine. Such definitions and standards may incorporate in whole or in part, the regulations adopted by the Secretary of the Treasury pursuant to the Federal Alcohol Administration Act, pertaining to the standards of identity and quality for wine. Standards of identity and quality for wine adopted pursuant to this section may differ from or be inconsistent with the standards promulgated by the Secretary of the Treasury pursuant to the Federal Alcohol Administration Act. No standard of size, type, or fill of container for any wine subject to the provisions of the Alcoholic Beverage Control Act, Division 9 (commencing with Section 23000) of the Business and Professions Code, shall be adopted, but containers of wine sold in this state shall conform to the then current standards for the containers, including standards of fill, established by the Secretary of the Treasury pursuant to the Federal Alcohol Administration Act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  13. 11053.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. )

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    Controlled substances in this chapter are identified by any official, common, usual, chemical, or trade name used for them.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. ) ## 11053. The controlled substances listed or to be listed in the schedules in this chapter are included by whatever official, common, usual, chemical, or trade name designated. (Added by Stats. 1972, Ch. 1407.)
  14. 110530.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 4. Enrichment of Food and Food Products [110530 - 110535] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    If an enriched food has a defined standard of identity under Section 110505, only the enriched form may be sold at retail in California.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 4. Enrichment of Food and Food Products [110530 - 110535] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110530. When a definition and standard of identity for an enriched food has been established pursuant to Section 110505, only the enriched form of the food shall be sold at retail in California. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  15. 110531.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 4. Enrichment of Food and Food Products [110530 - 110535] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    From January 1, 2026, corn masa flour must contain added folic acid at the stated level, and corn masa flour or wet corn masa products must carry the required label declarations; limited exceptions apply.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 4. Enrichment of Food and Food Products [110530 - 110535] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110531. (a) (1) Commencing January 1, 2026, corn masa flour manufactured, sold, delivered, distributed, held, offered for sale, or used as an ingredient in the manufacture of a food product shall contain folic acid at a level of 0.7 milligrams of folic acid per pound of corn masa flour within an acceptable industry standard deviation of error. (2) Commencing January 1, 2026, wet corn masa product manufactured, sold, delivered, distributed, held, offered for sale, or used as an ingredient in the manufacture of a food product may contain folic acid at a level of 0.4 milligrams of folic acid per pound of end product within an acceptable industry standard of deviation of error. (b) Commencing January 1, 2026, corn masa flour or a wet corn masa product shall include both of the following: (1) A declaration of folic acid on the nutrition label in accordance with applicable federal law, including, but not limited to, Section 101.9 of Title 21 of the Code of Federal Regulations. (2) A declaration that the product contains corn masa flour or was manufactured through a wet corn masa manufacturing process. (c) (1) A person or entity may manufacture, sell, deliver, distribute, hold, offer for sale, or use as an ingredient in the manufacture of products corn masa flour that does not meet the requirements of paragraph (1) of subdivision (a), if they meet the definition of, or are suppliers to, any of the following: (A) A cottage food operation as defined in Section 113758. (B) A food facility as defined in Section 113789. (C) A grocery store, as defined in paragraph (3) of subdivision (e) of Section 113948, that offers for retail sale corn masa flour that does not contain folic acid, so long as the grocery store also offers for retail sale corn masa flour that meets the required folic acid requirements in paragraph (1) of subdivision (a). (2) This section shall not apply to snack foods. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (e) For purposes of this section, the following terms have the following meanings: (1) “Corn masa flour,” also commonly known as masa harina, means a dry flour-type product made from corn that has been treated with slaked lime or otherwise undergoes a process known as nixtamalization. (2) “Wet corn masa product” means food manufactured by using an alkali solution with corn kernels to transform them into nixtamal. Wet corn masa product does not include products made with corn masa flour. (Added by Stats. 2024, Ch. 912, Sec. 2. (AB 1830) Effective January 1, 2025.)
  16. 110535.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 4. Enrichment of Food and Food Products [110530 - 110535] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A nonenriched standardized food may be used as an ingredient in another food only if it stays below 25% of the total ingredients, or if it is 25% or more and has added vitamins and minerals to match the enriched form.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 4. Enrichment of Food and Food Products [110530 - 110535] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110535. The nonenriched form of a food identified and standardized pursuant to Section 110505 may be used as an ingredient of another food only if it comprises less than 25 percent of the total ingredients, or it comprises 25 percent or more of the total ingredients and vitamins and minerals have been added to make it nutritionally equivalent to the enriched form of the ingredient. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  17. 11054.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. )

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    This section places the listed substances in Schedule I, with stated exceptions and references to other schedules.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. ) ## 11054. (a) The controlled substances listed in this section are included in Schedule I. (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetylmethadol. (2) Allylprodine. (3) Alphacetylmethadol (except levoalphacetylmethadol, also known as levo-alpha- acetylmethadol, levomethadyl acetate, or LAAM). (4) Alphameprodine. (5) Alphamethadol. (6) Benzethidine. (7) Betacetylmethadol. (8) Betameprodine. (9) Betamethadol. (10) Betaprodine. (11) Clonitazene. (12) Dextromoramide. (13) Diampromide. (14) Diethylthiambutene. (15) Difenoxin. (16) Dimenoxadol. (17) Dimepheptanol. (18) Dimethylthiambutene. (19) Dioxaphetyl butyrate. (20) Dipipanone. (21) Ethylmethylthiambutene. (22) Etonitazene. (23) Etoxeridine. (24) Furethidine. (25) Hydroxypethidine. (26) Ketobemidone. (27) Levomoramide. (28) Levophenacylmorphan. (29) Morpheridine. (30) Noracymethadol. (31) Norlevorphanol. (32) Normethadone. (33) Norpipanone. (34) Phenadoxone. (35) Phenampromide. (36) Phenomorphan. (37) Phenoperidine. (38) Piritramide. (39) Proheptazine. (40) Properidine. (41) Propiram. (42) Racemoramide. (43) Tilidine. (44) Trimeperidine. (45) Any substance which contains any quantity of acetylfentanyl (N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof. (46) Any substance which contains any quantity of the thiophene analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl] acetanilide) or a derivative thereof. (47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP). (48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP). (c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine. (2) Acetyldihydrocodeine. (3) Benzylmorphine. (4) Codeine methylbromide. (5) Codeine-N-Oxide. (6) Cyprenorphine. (7) Desomorphine. (8) Dihydromorphine. (9) Drotebanol. (10) Etorphine (except hydrochloride salt). (11) Heroin. (12) Hydromorphinol. (13) Methyldesorphine. (14) Methyldihydromorphine. (15) Morphine methylbromide. (16) Morphine methylsulfonate. (17) Morphine-N-Oxide. (18) Myrophine. (19) Nicocodeine. (20) Nicomorphine. (21) Normorphine. (22) Pholcodine. (23) Thebacon. (d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term “isomer” includes the optical, position, and geometric isomers): (1) 4-bromo-2,5-dimethoxy-amphetamine—Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA. (2) 2,5-dimethoxyamphetamine—Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA. (3) 4-methoxyamphetamine—Some trade or other names: 4-methoxy-alpha-methylphenethylamine, paramethoxyamphetamine, PMA. (4) 5-methoxy-3,4-methylenedioxy-amphetamine. (5) 4-methyl-2,5-dimethoxy-amphetamine—Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; “DOM”; and “STP.” (6) 3,4-methylenedioxy amphetamine. (7) 3,4,5-trimethoxy amphetamine. (8) Bufotenine—Some trade or other names: 3-(beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5 indolol; N,N-dimethylserolonin, 5-hydroxy-N,N-dimethyltryptamine; mappine. (9) Diethyltryptamine—Some trade or other names: N,N-Diethyltryptamine; DET. (10) Dimethyltryptamine—Some trade or other names: DMT. (11) Ibogaine—Some trade or other names: 7-Ethyl-6,6beta, 7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1’,2’:1,2] azepino [5,4-b] indole; Tabernantheiboga. (12) Lysergic acid diethylamide. (13) Cannabis. (14) Mescaline. (15) Peyote—Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c), Schedule 1(c)(12)). (16) N-ethyl-3-piperidyl benzilate. (17) N-methyl-3-piperidyl benzilate. (18) Psilocybin. (19) Psilocyn. (20) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered. (21) Ethylamine analog of phencyclidine—Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE. (22) Pyrrolidine analog of phencyclidine—Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP. (23) Thiophene analog of phencyclidine—Some trade or other names: 1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP. (e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Mecloqualone. (2) Methaqualone. (3) Gamma hydroxybutyric acid (also known by other names such as GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate), including its immediate precursors, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, including, but not limited to, gammabutyrolactone, for which an application has not been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355). (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its isomers: (1) Cocaine base. (2) Fenethylline, including its salts. (3) N-Ethylamphetamine, including its salts. (Amended by Stats. 2017, Ch. 27, Sec. 120. (SB 94) Effective June 27, 2017.)
  18. 110545.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it contains a poisonous or harmful substance that could injure people or animals that eat 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110545. Any food is adulterated if it bears or contains any poisonous or deleterious substance that may render it injurious to health of man or any other animal that may consume it. The food is not considered adulterated if the substance is a naturally occurring substance and if the quantity of the substance in the food does not render it injurious to health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  19. 11055.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. )

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    This section places the listed controlled substances in Schedule II and sets out the substances covered 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 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. ) ## 11055. (a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) Opium, opiate, and any salt, compound, derivative, or preparation of opium or opiate, with the exception of naloxone hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone hydrochloride), but including the following: (A) Raw opium. (B) Opium extracts. (C) Opium fluid extracts. (D) Powdered opium. (E) Granulated opium. (F) Tincture of opium. (G) Codeine. (H) Ethylmorphine. (I) (i) Hydrocodone. (ii) Hydrocodone combination products with not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (iii) Oral liquid preparations of dihydrocodeinone containing the above specified amounts that contain, as its nonnarcotic ingredients, two or more antihistamines in combination with each other. (iv) Hydrocodone combination products with not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. (J) Hydromorphone. (K) Metopon. (L) Morphine. (M) Oxycodone. (N) Oxymorphone. (O) Thebaine. (2) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy). (6) Cocaine, except as specified in Section 11054. (7) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof. (c) Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: (1) Alfentanyl. (2) Alphaprodine. (3) Anileridine. (4) Bezitramide. (5) Bulk dextropropoxyphene (nondosage forms). (6) Dihydrocodeine. (7) Diphenoxylate. (8) Fentanyl. (9) Isomethadone. (10) Levoalphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. This substance is authorized for the treatment of narcotic addicts under federal law (see Part 291 (commencing with Section 291.501) and Part 1308 (commencing with Section 1308.01) of Title 21 of the Code of Federal Regulations). (11) Levomethorphan. (12) Levorphanol. (13) Metazocine. (14) Methadone. (15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane. (16) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid. (17) Pethidine (meperidine). (18) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine. (19) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate. (20) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid. (21) Phenazocine. (22) Piminodine. (23) Racemethorphan. (24) Racemorphan. (25) Sufentanyl. (d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. (2) Methamphetamine, its salts, isomers, and salts of its isomers. (3) Dimethylamphetamine (N,N-dimethylamphetamine), its salts, isomers, and salts of its isomers. (4) N-Ethylmethamphetamine (N-ethyl, N-methylamphetamine), its salts, isomers, and salts of its isomers. (5) Phenmetrazine and its salts. (6) Methylphenidate. (7) Khat, which includes all parts of the plant classified botanically as Catha Edulis, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts. (8) Cathinone (also known as alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone). (e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital. (2) Pentobarbital. (3) Phencyclidines, including the following: (A) 1-(1-phenylcyclohexyl) piperidine (PCP). (B) 1-(1-phenylcyclohexyl) morpholine (PCM). (C) Any analog of phencyclidine which is added by the Attorney General by regulation pursuant to this paragraph. The Attorney General, or his or her designee, may, by rule or regulation, add additional analogs of phencyclidine to those enumerated in this paragraph after notice, posting, and hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Attorney General shall, in the calendar year of the regular session of the Legislature in which the rule or regulation is adopted, submit a draft of a proposed bill to each house of the Legislature which would incorporate the analogs into this code. No rule or regulation shall remain in effect beyond January 1 after the calendar year of the regular session in which the draft of the proposed bill is submitted to each house. However, if the draft of the proposed bill is submitted during a recess of the Legislature exceeding 45 calendar days, the rule or regulation shall be effective until January 1 after the next calendar year. (4) Secobarbital. (5) Glutethimide. (f) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (A) Phenylacetone. Some trade or other names: phenyl-2 propanone; P2P; benzyl methyl ketone; methyl benzyl ketone. (2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine. (B) 1-piperidinocyclohexane carbonitrile (PCC). (Amended by Stats. 2018, Ch. 589, Sec. 1. (AB 2783) Effective January 1, 2019.)
  20. 110550.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it contains an added poisonous or deleterious substance that is unsafe under Section 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110550. Any food is adulterated if it bears or contains any added poisonous or deleterious substance that is unsafe within the meaning of Section 110445. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  21. 110552.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must regulate candy to prevent adulteration, and candy manufacturers must certify and use quality controls to keep lead as low as feasible.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110552. (a) The department shall regulate candy to ensure that the candy is not adulterated. (b) For the purposes of this chapter, “candy” means any confectionary intended for individual consumption that contains chili, tamarind, or any other ingredient identified as posing a health risk in regulations adopted by the office or department. (c) For purposes of this section, the following terms have the following meanings: (1) “Office” means the Office of Environmental Health Hazard Assessment. (2) “Adulterated candy” means any candy with lead in excess of the naturally occurring level. Moreover, candy is adulterated if its wrapper or the ink on the wrapper contains lead in excess of standards which the office, in consultation with the department and the Attorney General, shall establish by July 1, 2006. (3) “Naturally occurring level” of lead in candy shall be determined by regulations adopted by the office after consultation with the department and the Attorney General. For purposes of this section, the “naturally occurring level” of lead in candy is only naturally occurring to the extent that it is not avoidable by good agricultural, manufacturing, and procurement practices, or by other practices currently feasible. The producer and manufacturer of candy and candy ingredients shall at all times use quality control measures that reduce the natural chemical contaminants to the “lowest level currently feasible” as this term is used in subsection (c) of Section 110.110 of Title 21 of the Code of Federal Regulations. The “naturally occurring level” of lead shall not include any lead in an ingredient resulting from agricultural equipment, fuels used on or around soils or crops, fertilizers, pesticides, or other materials that are applied to soils or crops or added to water used to irrigate soils or crops. The office shall determine the naturally occurring levels of lead in candy containing chili and tamarind no later than July 1, 2006. The office shall determine the naturally occurring levels of lead in candy containing other ingredients upon request by the department or the Attorney General, and in the absence of a request, when the office determines that the presence of the ingredient in candy may pose a health risk. Until the office adopts regulations determining the naturally occurring level of lead, the Attorney General’s written determination, if any, including any determination set forth in a consent judgment entered into by the Attorney General, of the naturally occurring level of lead in candy or in a candy ingredient shall be binding for purposes of this section. (4) “Wrapper” means all packaging materials in contact with the candy, including, but not limited to, the paper cellophane, plastic container, stick handle, spoon, small pot (olla), and squeeze tube, or similar devices. “Wrapper” does not include any part of the packaging from which lead will not leach, as demonstrated by the manufacturer, to the satisfaction of the office. (d) The standards adopted pursuant to paragraphs (2) and (3) of subdivision (c) shall be reviewed by the office every three-year to five-year period in order to determine whether advances in scientific knowledge, the development of better agricultural or manufacturing practices, or changes in detection limits require revision of the standards. (e) The department shall do all of the following: (1) Ensure that the candy is not adulterated. (2) Establish procedures for the testing of candy and the certification of unadulterated candy products. The procedures shall require candy manufacturers to certify candy as being unadulterated. The certification shall be based on appropriate sampling and testing protocols as determined by the office in consultation with the Attorney General’s office. (3) Through its Food and Drug Branch, test the samples of candy collected pursuant to this article. The department may test any candy, including candy tested pursuant to paragraph (2) in order to ensure the candy is unadulterated. (4) Adopt regulations necessary for the enforcement of this article. (5) Evaluate the regulatory process, identify problems, and make changes or report to the Legislature, as necessary. (f) If the candy tested pursuant to paragraph (2) or (3) of subdivision (e) is found to be adulterated, the department shall do both of the following: (1) Issue health advisory notices to county health departments alerting them to the danger posed by consumption of the candy. (2) Notify the manufacturer and the distributor of the candy that the candy is adulterated, and that the candy may not be sold or distributed in the state until further testing proves that the candy is unadulterated. (g) (1) For any candy found to be adulterated, the manufacturer or distributor may request that the department test a subsequent sample of candy. The department shall select the candy to be tested. The cost of any subsequent sampling and testing shall be borne by the manufacturer or distributor requesting the additional testing. (2) If the candy is found to be unadulterated when it is retested, the department shall provide the manufacturer or distributor and the county health department with a letter stating that the candy has been retested and determined to be unadulterated, and that the sale and distribution of the candy in the state may resume. (3) If the candy is found to remain adulterated when retested, the manufacturer or distributor may take corrective measures and continue to resubmit samples for testing until tests prove the candy unadulterated. (h) (1) The sale of adulterated candy to California consumers is a violation of this section. Any person knowingly and intentionally selling adulterated candy shall be subject to a civil penalty of up to five hundred dollars ($500) per violation. The regulations adopted shall provide that funding for this section shall be met in part or in whole by those penalties, upon appropriation by the Legislature. (2) In the event that a candy product is found to be adulterated, the department may recover the costs incurred in the chemical analysis of that product from the manufacturer or distributor. (3) Except as expressly set forth in this section, nothing in this section shall alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and nothing in this section shall create or enlarge any defense in any action to enforce that legal obligation. Penalties imposed under this section shall be in addition to any penalties otherwise prescribed by law. (4) This section shall not be the basis for any stay of proceedings or other order limiting or delaying the prosecution of any action to enforce Section 25249.6. (Amended by Stats. 2012, Ch. 728, Sec. 102. (SB 71) Effective January 1, 2013.)
  22. 110555.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it contains an unsafe food additive; a pesticide residue in processed food is not deemed unsafe if specific exemption, processing, removal, and tolerance 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110555. Any food is adulterated if it is, bears, or contains any food additive that is unsafe within the meaning of Section 110445. If, however, a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under this part or the Food and Agricultural Code and the raw agricultural commodity has been subject to processing, such as canning, cooking, freezing, dehydrating, or milling, the residue of a pesticide chemical remaining in or on the processed food shall not be deemed unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of the residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  23. 11056.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section lists the controlled substances included in Schedule III, subject to stated exceptions and quantity limits.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. ) ## 11056. (a) The controlled substances listed in this section are included in Schedule III. (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of those isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the Code of Federal Regulations, and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances. (2) Benzphetamine. (3) Chlorphentermine. (4) Clortermine. (5) Mazindol. (6) Phendimetrazine. (c) Depressants. Unless specifically excepted in Section 11059 or elsewhere, or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any compound, mixture, or preparation containing any of the following: (A) Amobarbital. (B) Secobarbital. (C) Pentobarbital or any salt thereof and one or more other active medicinal ingredients that are not listed in any schedule. (2) Any suppository dosage form containing any of the following: (A) Amobarbital. (B) Secobarbital. (C) Pentobarbital or any salt of any of these drugs and approved by the federal Food and Drug Administration for marketing only as a suppository. (3) Any substance that contains any quantity of a derivative of barbituric acid or any salt thereof. (4) Chlorhexadol. (5) Lysergic acid. (6) Lysergic acid amide. (7) Methyprylon. (8) Sulfondiethylmethane. (9) Sulfonethylmethane. (10) Sulfonmethane. (11) Gamma hydroxybutyric acid, and its salts, isomers, and salts of isomers, contained in a drug product for which an application has been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355). (d) Nalorphine. (e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium. (2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (3) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. (4) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (5) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (6) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (f) Anabolic steroids and chorionic gonadotropin, except for human chorionic gonadotropin (hCG). Any material, compound, mixture, or preparation containing chorionic gonadotropin, except hCG, or an anabolic steroid (excluding anabolic steroid products listed in the “Table of Exempt Anabolic Steroid Products” (Section 1308.34 of Title 21 of the Code of Federal Regulations), as exempt from the federal Controlled Substances Act (Section 801 and following of Title 21 of the United States Code)), including, but not limited to, the following: (1) Androisoxazole. (2) Androstenediol. (3) Bolandiol. (4) Bolasterone. (5) Boldenone. (6) Chloromethandienone. (7) Clostebol. (8) Dihydromesterone. (9) Ethylestrenol. (10) Fluoxymesterone. (11) Formyldienolone. (12) 4-Hydroxy-19-nortestosterone. (13) Mesterolone. (14) Methandriol. (15) Methandrostenolone. (16) Methenolone. (17) 17-Methyltestosterone. (18) Methyltrienolone. (19) Nandrolone. (20) Norbolethone. (21) Norethandrolone. (22) Normethandrolone. (23) Oxandrolone. (24) Oxymesterone. (25) Oxymetholone. (26) Quinbolone. (27) Stanolone. (28) Stanozolol. (29) Stenbolone. (30) Testosterone. (31) Trenbolone. (g) Ketamine. Any material, compound, mixture, or preparation containing ketamine. (h) Hallucinogenic substances. Any of the following hallucinogenic substances: dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the federal Food and Drug Administration. (Amended by Stats. 2025, Ch. 183, Sec. 1. (AB 1152) Effective January 1, 2026.)
  24. 110560.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it contains diseased, contaminated, filthy, putrid, or decomposed matter, or is otherwise unfit for 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110560. Any food is adulterated if it consists in whole or in part of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  25. 110565.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it was produced, prepared, packed, or held in insanitary conditions that may have caused contamination or made it unwholesome, diseased, or injurious to health.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110565. Any food is adulterated if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered unwholesome, diseased, or injurious to health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  26. 11057.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section puts the listed substances into Schedule IV, subject to stated exceptions and other schedule listings.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. ) ## 11057. (a) The controlled substances listed in this section are included in Schedule IV. (b) Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. (c) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane). (3) Butorphanol. (d) Depressants. Unless specifically excepted in Section 11059 or elsewhere, or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Alprazolam. (2) Barbital. (3) Chloral betaine. (4) Chloral hydrate. (5) Chlordiazepoxide. (6) Clobazam. (7) Clonazepam. (8) Clorazepate. (9) Diazepam. (10) Estazolam. (11) Ethchlorvynol. (12) Ethinamate. (13) Flunitrazepam. (14) Flurazepam. (15) Halazepam. (16) Lorazepam. (17) Mebutamate. (18) Meprobamate. (19) Methohexital. (20) Methylphenobarbital (Mephobarbital). (21) Midazolam. (22) Nitrazepam. (23) Oxazepam. (24) Paraldehyde. (25) Petrichoral. (26) Phenobarbital. (27) Prazepam. (28) Quazepam. (29) Temazepam. (30) Triazolam. (31) Zaleplon. (32) Zolpidem. (e) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of those isomers is possible within the specific chemical designation: (1) Diethylpropion. (2) Mazindol. (3) Modafinil. (4) Phentermine. (5) Pemoline (including organometallic complexes and chelates thereof). (6) Pipradrol. (7) SPA ((-)-1-dimethylamino-1,2-diphenylethane). (8) Cathine ((+)-norpseudoephedrine). (f) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of pentazocine, including its salts. (Amended by Stats. 2024, Ch. 98, Sec. 1. (AB 2018) Effective January 1, 2025.)
  27. 110570.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it comes from a diseased animal, an animal that died other than by slaughter, or an animal fed uncooked slaughterhouse offal.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110570. Any food is adulterated if it is, in whole or in part, the product of any diseased animal, any animal that has died otherwise than by slaughter, or any animal that has been fed on the uncooked offal from a slaughterhouse. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  28. 110575.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if its container contains poisonous or harmful material that could make the food injurious to health.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110575. Any food is adulterated if its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  29. 11058.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    This section places the listed substances in Schedule V and sets composition limits for certain narcotic-drug mixtures.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. ) ## 11058. (a) The controlled substances listed in this section are included in Schedule V. (b) Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. (c) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams. (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams. (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. (6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (d) Buprenorphine. (Amended by Stats. 1986, Ch. 63, Sec. 1. Effective April 23, 1986.)
  30. 110580.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it has been intentionally subjected to ionizing radiation, unless the radiation use complies with a regulation or exemption under Section 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110580. Any food is adulterated if it has been intentionally subjected to ionizing radiation unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 110070. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  31. 110585.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if any of four listed conditions is 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110585. Any food is adulterated if any one of the following conditions exist: (a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom. (b) If any substance has been substituted wholly or in part therefor. (c) If damage or inferiority has been concealed in any manner. (d) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  32. 11059.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Certain listed nonnarcotic controlled substances mixed with specified ingredients are excepted from scheduling.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 2. Standards and Schedules [11053 - 11059] ( Chapter 2 added by Stats. 1972, Ch. 1407. ) ## 11059. (a) Specific compounds, mixtures, or preparations that contain a nonnarcotic controlled substance in combination with a derivative of barbituric acid or any salt thereof that are listed in the federal Table of Exempted Prescription Products and have been exempted pursuant to federal law or regulation (Section 1308.32 of Title 21 of the Code of Federal Regulations or its successors), are excepted from scheduling under subdivision (c) of Section 11056. (b) Specific compounds, mixtures, or preparations that contain a nonnarcotic controlled substance in combination with a chlordiazepoxide or phenobarbital that are listed in the federal Table of Exempted Prescription Products and have been exempted from scheduling under federal law or regulation (Section 1308.32 of Title 21 of the Code of Federal Regulations or its successors) are excepted from scheduling under subdivision (d) of Section 11057. (Added by Stats. 2021, Ch. 618, Sec. 3. (AB 527) Effective January 1, 2022.)
  33. 110590.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Confectionery food is adulterated if it contains certain nonnutritive objects, alcohol above 5% by weight, or nonnutritive substances, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110590. Any food is adulterated if it is confectionery and any one of the following conditions exist: (a) It has partially or completely embedded therein any nonnutritive object, provided that this subdivision shall not apply in the case of any nonnutritive object if, in the judgment of the department as provided by regulation, the object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health. (b) It bears or contains any alcohol in excess of 5 percent by weight. (c) It bears or contains any nonnutritive substance, provided that this subdivision shall not apply to a safe nonnutritive substance that is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of the confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this act; and provided further that the department may, for the purpose of avoiding or resolving uncertainty as to the application of this clause, issue regulations allowing or prohibiting the use of particular nonnutritive substances. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  34. 110595.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it contains an unsafe color additive.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110595. Any food is adulterated if it bears or contains any color additive that is unsafe within the meaning of Section 110445. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  35. 110597.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Wine is adulterated if it contains too much lead or a lead-bearing foil capsule, unless the wine was bottled before January 1, 1994 and that fact is shown by the producer or, for non-California wine, the licensed importer.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110597. Any food is adulterated if it is wine and any one of the following conditions exists: (a) It contains lead in concentrations exceeding 150 parts per billion, or in excess of a more stringent tolerance as may be established by federal law or regulation, unless it can be shown by the producer, or if not produced in California, by the licensed importer, that the wine was bottled before January 1, 1994. (b) A metal foil capsule containing lead in excess of 0.3 percent by dry weight is affixed or attached to its container, unless it can be shown by the producer, or if not produced in California, by the licensed importer, that the wine was bottled before January 1, 1994. (c) Notwithstanding any other rule or principle of law that may afford a private right of action to bring claims based on alleged violations of laws or standards, the right to commence and pursue civil or administrative actions to impose or collect fines, penalties, damages, or other remedies based on an alleged violation of the Wine Safety Act established pursuant to Senate Bill 1022 of the 1993–94 Regular Session shall be vested exclusively in the state, through the Food and Drug Branch of the State Department of Health Services and the Office of the Attorney General, and with local health officers or city attorneys or district attorneys otherwise empowered to prosecute violations of this division. Retailers of wine, including, but not limited to, “retailers” as defined in Section 23023 of the Business and Professions Code, or food facilities as defined in Section 113785, shall be entitled to all of the same protections for any violations of the Wine Safety Act established pursuant to Senate Bill 1022 of the 1993–94 Regular Session, as are afforded to food dealers pursuant to Chapter 3 (commencing with Section 110245). This subdivision does not apply to, limit, alter, or restrict any action for personal injury or wrongful death, or any action based upon a failure to warn. (Added by Stats. 1996, Ch. 1023, Sec. 309. Effective September 29, 1996.)
  36. 110600.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Fresh meat is adulterated if it contains any preservative or other chemical substance not approved for use in fresh meat by the listed authorities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110600. Any food is adulterated if it is fresh meat and it contains any preservative or other chemical substance not approved for use in fresh meat by the department, the United States Department of Agriculture, or the Department of Food and Agriculture of this state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  37. 110605.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it is chopped or ground beef or hamburger unless it meets specified beef-composition and fat-content limits.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110605. Any food is adulterated if it is chopped or ground beef or hamburger unless it is composed of voluntary striated muscle of fresh beef that does not contain any substance that is not approved by the department and unless it has a total fat content that is not in excess of 30 percent by weight. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  38. 110610.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is adulterated if it is pork sausage or breakfast sausage and its total fat content is more than 50% by weight.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110610. Any food is adulterated if it is pork sausage or breakfast sausage and it has a total fat content that is in excess of 50 percent by weight. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  39. 110611.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Foods, beverages, and dietary supplements containing hemp-derived CBD or CBN isolate are not treated as adulterated if they meet the stated conditions, and their sale cannot be restricted or prohibited solely because they include CBD or CBN.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110611. A dietary supplement, food, or beverage is not adulterated by the inclusion of cannabidiol (CBD) or cannabinol (CBN) isolate derived from industrial hemp, as defined in Section 11018.5, as long as the hemp product does not contain any other cannabinoid or synthetic cannabinoid and meets the requirements established in Chapter 9 (commencing with Section 111920). The sale of a dietary supplement, food, or beverage that includes CBD or CBN isolate derived from industrial hemp shall not be restricted or prohibited based solely on the inclusion of CBD or CBN. (Amended by Stats. 2025, Ch. 248, Sec. 29. (AB 8) Effective January 1, 2026.)
  40. 110615.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Fat content for the listed products must be determined using the current AOAC Official and Tentative Methods of Analysis, including supplements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110615. The methods of analysis used in determining the fat content of products described in Sections 110605 and 110610 shall be those prescribed by the current issue of “Official and Tentative Methods of Analysis of the Association of Official Analytical Chemists,” and the supplements thereto. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  41. 110620.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Any person must not manufacture, sell, deliver, hold, or offer for sale adulterated 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110620. It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any food that is adulterated. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  42. 110625.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Any person must not adulterate any 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110625. It is unlawful for any person to adulterate any food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  43. 110630.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not receive adulterated food in commerce or deliver or offer it for delivery.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110630. It is unlawful for any person to receive in commerce any food that is adulterated or to deliver or proffer for delivery any such food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  44. 110635.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food that contains a regulated substance as allowed by the applicable regulation is not treated as adulterated while that regulation is in effect.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110635. While any regulation relating to a substance referred to in Section 110080, 110085, or 110090 is in effect, any food bearing or containing a substance in accordance with the regulation shall not be considered to be adulterated. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  45. 110640.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The director must identify the pesticides most likely to leave residue in processed foods.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110640. The director, with the assistance of the Department of Food and Agriculture, and in cooperation with the federal Food and Drug Administration and Environmental Protection Agency, shall identify those pesticides most likely to leave residue in processed foods. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  46. 110645.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the director is notified by the Director of Food and Agriculture, the director must immediately notify the processor if known, by telephone with immediate written confirmation, and take appropriate action under Section 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110645. Whenever the director has been notified by the Director of Food and Agriculture pursuant to Section 12582 of the Food and Agricultural Code, the director shall immediately notify the processor, if known, by telephone, with immediate written confirmation, and take appropriate action pursuant to Section 110045. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  47. 110650.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The article allows fluorine or fluorine compounds to be added to bottled water for domestic use if the department approves it, and the bottled water label must meet all labeling requirements in 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110650. This article does not prohibit the addition of fluorine or fluorine compounds to water intended for sale to the public as bottled water for domestic use in the manner and to the extent as may be approved by the department. The label of the bottled water shall, however, satisfy all of the labeling requirements prescribed by this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  48. 110655.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food intended for export is not treated as adulterated if it meets the listed export and labeling 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Adulterated Food [110545 - 110655] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110655. Any food intended for export shall not be deemed to be adulterated within the provisions of this part if it satisfies all of the following requirements: (a) It accords to the specifications of the foreign purchaser. (b) It is not in conflict with the laws of the importing country. (c) It is labeled on the outside of the shipping package to show that it is intended for export. If the article is sold or offered for sale in domestic commerce, this section shall not exempt it from any of the provisions of this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  49. 110660.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if its label is false or misleading in any particular.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110660. Any food is misbranded if its labeling is false or misleading in any particular. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  50. 110661.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it is made, packed, or held in California in an unregistered food processing facility, unless it comes from a facility that only stores, handles, or processes dry beans.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110661. Any food is misbranded if it is manufactured, packed, or held in this state in a food processing facility not duly registered as provided in this part, except for food from facilities exclusively storing, handling, or processing dry beans. (Added by Stats. 1999, Ch. 915, Sec. 18. Effective January 1, 2000.)
  51. 110665.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A food is misbranded if its labeling does not meet federal nutrition labeling requirements, and foods exempted under federal law are also exempt here.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110665. Any food is misbranded if its labeling does not conform with the requirements for nutrition labeling as set forth in Section 403(q) (21 U.S.C. Sec. 343(q)) of the federal act and the regulations adopted pursuant thereto. Any food exempted from those requirements under the federal act shall also be exempt under this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  52. 110670.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if its labeling does not meet nutrient content or health claim requirements under federal law 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110670. Any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in Section 403(r) (21 U.S.C. Sec. 343(r)) of the federal act and the regulations adopted pursuant thereto. Any food exempted from those requirements under the federal act shall also be exempt under this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  53. 110673.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if its label does not meet federal food allergen labeling requirements; food exempt under those federal requirements is also exempt here.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110673. Any food is misbranded if its labeling does not conform with the requirements for food allergen labeling as set forth in Section 403(w) of the federal act (21 U.S.C. Sec. 343(w)) and the regulations adopted pursuant thereto. Any food exempted from those requirements under the federal act, shall also be exempt under this section. (Added by Stats. 2008, Ch. 73, Sec. 1. Effective January 1, 2009.)
  54. 110674.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if its labeling does not meet the pasteurized in-shell egg labeling requirements in Section 27644.5 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110674. Any food is misbranded if its labeling does not conform with the requirements for pasteurized in-shell egg labeling as set forth in Section 27644.5 of the Food and Agricultural Code, and the regulations adopted pursuant thereto. (Added by Stats. 2014, Ch. 11, Sec. 7. (AB 1414) Effective April 17, 2014.)
  55. 110675.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Packaged food is misbranded unless its label includes the manufacturer/packer/distributor name and business location and an accurate 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110675. Any food is misbranded if it is in package form, unless it bears a label containing all of the following information: (a) The name and place of business of the manufacturer, packer, or distributor. (b) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Reasonable variations from the requirements of subdivision (b) shall be permitted. Requirements for placement and prominence of the information required by subdivision (b), and exemptions as to small packages, shall be established in accordance with regulations adopted pursuant to Sections 110100 and 110380. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  56. 110680.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if its labeling or packaging does not meet Chapter 4 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110680. Any food is misbranded if its labeling or packaging does not conform to the requirements of Chapter 4 (commencing with Section 110290). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  57. 110685.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it is sold under another food’s name, or if an imitation food lacks the required “imitation” label wording.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110685. Any food is misbranded if it is offered for sale under the name of another food, or if it is an imitation of another food for which a definition and standard of identity has been established by regulation and its label does not bear, in type of uniform size and prominence the word “imitation,” and immediately following, the name of the food imitated. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  58. 110690.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if its container is made, formed, or filled in a misleading way.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110690. Any food is misbranded if its container is so made, formed, or filled as to be misleading. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  59. 110695.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A confectionery food is misbranded if it contains more than 1/2 of 1 percent alcohol by weight and that fact is not shown on the label.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110695. Any food is misbranded if it is a confectionery and contains alcohol in excess of 1/2 of 1 percent by weight and that fact does not appear on the label for the food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  60. 110700.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it is a refrigerated potentially hazardous processed food kept at 45°F or lower and not labeled “Perishable Keep Refrigerated.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110700. Any food is misbranded if it is a potentially hazardous processed food that is preserved by refrigeration at temperatures of 45 degrees Fahrenheit or lower and it is not conspicuously labeled “Perishable Keep Refrigerated.” (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  61. 110705.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if required label information is not prominently and conspicuously placed so an ordinary buyer is likely to read and understand 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110705. Any food is misbranded if any word, statement, or other information required pursuant to this part to appear on the label or labeling is not prominently placed upon the label or labeling with conspicuousness, as compared with other words, statements, designs, or devices in the labeling and in terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  62. 110710.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it claims to be a standardized food but its label does not use the required name or does not match the applicable standard of identity.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110710. Any food is misbranded if it purports to be, or is represented as, a food for which a definition and standard of identity has been established under Section 110505 and the label fails to bear the name of the food specified in the standard or otherwise fails to conform to the definition and standard. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  63. 110715.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it claims to meet a regulated quality or fill standard but falls below that standard, unless the label says it is below the standard in the required form.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110715. Any food is misbranded if it purports to be, or is represented as, a food for which a standard of quality or fill has been prescribed by regulation under Section 110505 and its quality or fill is below the standard unless its label bears, in a manner and form as specified by regulation, a statement that it is below the standard. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  64. 110720.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food without a standard of identity is misbranded unless its label clearly states the common or usual name of the food.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110720. Any food for which no standard of identity exists is misbranded unless it bears a label clearly stating the common or usual name of the food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  65. 110725.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Foods made from two or more ingredients must list each ingredient on the label, and beverage foods with fruit or vegetable juice must also show the juice percentage; some foods are exempt.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110725. (a) Any food fabricated from two or more ingredients is misbranded unless it bears a label clearly stating the common or usual name of each ingredient, and if the food purports to be a beverage containing vegetable or fruit juice, a statement with appropriate prominence on the information panel of the total percentage of fruit or vegetable juice contained in the food. Any spice, flavoring, or color not required to be certified under Section 110090, except any spice, flavoring, or color sold as such, may be designated as spice, flavoring, or color without naming each. (b) Exemptions may be established by the department, when compliance with any requirement of this section is impractical or results in deception or unfair competition. (c) In adopting any regulations relating to this section, the department shall take into consideration the current regulations established by the Secretary of Health and Human Services under authority contained in the federal act. (d) Notwithstanding Section 110040 or any other provision of law, as used in this section, the term “food” includes, but is not limited to, meat. The term “food” does not, however, include any alcoholic beverage. (e) This section shall not apply to any food sold for consumption on or off the premises of any restaurant in the course of its business as a restaurant, or to any milk or dairy product. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  66. 110730.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The requirements in Sections 110720 and 110725 do not apply to food packaged at the retail purchaser’s direction at the time of sale if ingredients are disclosed to the purchaser by other means under department 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110730. The requirements of Sections 110720 and 110725 do not apply to any food that is packaged at the direction of retail purchasers at the time of sale if the ingredients are disclosed to the purchasers by other means in accordance with the regulations adopted by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  67. 110735.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it is sold or represented for special dietary uses and its label does not include required dietary 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110735. Any food is misbranded if it purports to be, or is represented, for special dietary uses as prescribed by regulation under Section 110095 and its label does not bear information concerning any vitamin or mineral content, or other dietary property as the department prescribes, by regulation, as necessary to fully inform purchasers as to the food’s value for that use. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  68. 110740.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it contains artificial flavoring, artificial coloring, or chemical preservative unless the label says so.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110740. Any food is misbranded if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless its labeling states that fact. Exemptions may be established by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  69. 110745.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food intended as a component of another food is misbranded if, used as directed by the purveyor, it would make the final food 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110745. Any food is misbranded if it is intended as a component of another food and when used in accordance with the directions of the purveyor, it will result in the final food being adulterated or misbranded. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  70. 110750.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if it is a color additive and does not meet the color-additive requirements in Section 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110750. Any food is misbranded if it is a color additive and it is not in conformity with the requirements for color additives prescribed under the provisions of Section 110090. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  71. 110755.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food is misbranded if its packaging or labeling violates an applicable regulation under Sections 108685 or 108700.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110755. Any food is misbranded if its packaging or labeling is in violation of an applicable regulation issued pursuant to Section 108685 or 108700. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  72. 110760.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not manufacture, sell, deliver, hold, or offer for sale misbranded 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110760. It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any food that is misbranded. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  73. 110765.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful for any person to misbrand any 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110765. It is unlawful for any person to misbrand any food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  74. 110770.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not receive misbranded food in commerce or deliver or offer it for delivery.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110770. It is unlawful for any person to receive in commerce any food that is misbranded or to deliver or proffer for delivery any such food. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  75. 110775.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person may not alter, destroy, obliterate, mutilate, or remove a food label or part of its labeling if that would make the food 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110775. It is unlawful for any person to alter, mutilate, destroy, obliterate, or remove the label, or any part of the labeling, of any food if the act results in the food being misbranded. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  76. 110790.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Food intended for export is not treated as misbranded if it matches the foreign purchaser’s specifications, complies with the importing country’s laws, and is labeled on the shipping package as intended for export.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110790. Any food intended for export shall not be deemed to be misbranded under this part if it satisfies all of the following requirements: (a) It accords to the specifications of the foreign purchaser. (b) It is not in conflict with the laws of the importing country. (c) It is labeled on the outside of the shipping package to show that it is intended for export. If the article is sold or offered for sale in domestic commerce, this section shall not exempt it from any of the provisions of this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  77. 110795.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt seafood labeling regulations, but it must consult named stakeholders first and cannot adopt rules that conflict with certain fish names or applicable U.S. standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110795. (a) The department may adopt regulations that name and describe the characteristics of salmon and any other fish or other seafood it considers appropriate. The department shall consult with the Department of Fish and Game, the Joint Committee on Fisheries and Aquaculture, consumers, commercial fishermen, aquaculturists, and seafood processors, wholesalers, restaurateurs, and other retailers before adopting these regulations. The department shall not adopt any regulation that conflicts with the common name of any fish designated by the Department of Fish and Game pursuant to Section 8023 of the Fish and Game Code. (b) In addition to the consultations required by subdivision (a), the department shall consult and seek the recommendations of the groups named in that subdivision concerning the possible need for, or desirability of, any further legislation or regulations affecting seafood labeling. (c) No regulation adopted pursuant to this section shall deviate from a pertinent United States standard where the fish or seafood product specified is packed or processed as a standardized product under a United States standard. (d) Nothing in this section or in regulations adopted pursuant to this section shall be construed to require the use of more than the common family name of any fish or seafood by any restaurant in menus or advertisements. (Amended by Stats. 2004, Ch. 193, Sec. 120. Effective January 1, 2005.)
  78. 110800.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Retail cuts of beef, veal, lamb, and pork sold in certain retail food settings must be labeled with the species, primal cut, and retail name, unless a listed exception applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110800. (a) Any label of any retail cut of beef, veal, lamb, or pork held for sale in a retail food production and marketing establishment or a frozen food locker plant shall clearly identify the species (beef, veal, lamb, or pork) and the primal cut from which it is derived, and the retail name. This section shall not apply to ground beef or hamburger, boneless stewing meat, cubed steaks, sausage, or soupbones. (b) “Primal cuts” include only the following in the various species: Beef Veal Lamb Pork Chuck Shoulder Shoulder Shoulder Rib Rib Rib — Loin Loin Loin Loin Shank Shank Shank — Brisket Breast Breast — Plate Breast Breast — Flank Flank — — Round Round or leg Leg Leg or ham Cuts derived from other than the above primal cuts need only show species and the retail name. (c) It is unlawful and constitutes misbranding for any person to sell or offer for sale in a retail food production and marketing establishment or frozen food locker plant any retail cut of beef that is labeled in violation of this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  79. 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Retail sellers of chopped or ground beef or hamburger must disclose maximum fat content when they describe leanness or quality, and they cannot sell mislabeled product in the covered establishments.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6. Misbranded Food [110660 - 110805] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110805. (a) Except as otherwise provided in this section, no chopped or ground beef or hamburger that is offered for sale in any retail food production and marketing establishment or frozen food locker plant shall be advertised, labeled, or otherwise held out in any manner to describe or suggest its quality or relative leanness or fat content unless the label, advertisement, or other representation accurately discloses the maximum fat content thereof by the designation “Does not exceed __ percent fat”. However, in no case shall the fat content of any chopped or ground beef or hamburger exceed 30 percent fat, except in no case shall the fat content exceed 26 percent in the case of chopped or ground beef or hamburger processed from the primal cut of chuck when the primal cut designation is being used. (b) No designation such as, but not limited to, “lean,” “super lean,” “premium,” “deluxe” or similar terms descriptive of quality, leanness, or fat content shall be included on the label unless the label also contains a fat-weight designation as specified in subdivision (a). However, as an alternative to including the fat-weight designation on the label, the fat-weight designation required by this section may be disclosed by means of a sign placed immediately adjacent to the counter on which the chopped or ground beef or hamburger is displayed. This sign shall be within plain view of prospective purchasers and shall display the appropriate designation specified in subdivision (a) in boldface print. (c) Chopped or ground beef or hamburger that is processed from primal cuts of round or sirloin shall not be required to disclose the maximum fat content if there is no reference to leanness or other quality designation relating to fat content other than the primal cut from which the product is derived. If there is a reference to leanness or any other quality designation relating to fat content, the maximum fat designation shall be a fat-weight designation as specified in subdivision (a). (d) It is unlawful and constitutes misbranding for any person to sell or offer for sale in a retail food production and marketing establishment or frozen food locker plant any chopped or ground beef or hamburger that is labeled in violation of this section. (Amended by Stats. 1996, Ch. 468, Sec. 1. Effective January 1, 1997.)
  80. 110806.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6.5. Recalled Food [110806 - 110807] ( Article 6.5 added by Stats. 2006, Ch. 592, Sec. 2. )

    Verify source ↗

    Certain meat or poultry suppliers, distributors, brokers, and processors must immediately notify public health authorities and customers when a California product is subject to a USDA Class I or II recall.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6.5. Recalled Food [110806 - 110807] ( Article 6.5 added by Stats. 2006, Ch. 592, Sec. 2. ) ## 110806. (a) A meat or poultry supplier, distributor, broker, or processor that sells a meat- or poultry-related product in California that meets the criteria for a Class I or Class II recall according to the United States Department of Agriculture guidelines shall immediately notify the State Department of Public Health and shall provide the department with a list of all customers, including a firm name, address, contact person’s name, telephone number, fax, and e-mail address, that have received or will receive any product subject to recall that the supplier, distributor, broker, or processor has handled or anticipates handling. The list shall include all pertinent identifying codes, including establishment numbers, package codes, product codes, pack dates, and lot numbers, if any, received or to be received, and any other relevant information. The information shall be electronically submitted to the department in a spreadsheet format specified by the department, and shall include, but not be limited to, a complete product distribution list of the recalled product, for each customer, including product ship date, amount of product shipped and amount of any product returned. The supplier, distributor, broker, or processor shall immediately notify each of its customers that received or may receive those products of the recall in a standardized format. The supplier, distributor, broker, or processor shall document this notification process, including who was notified, the date and time of the notification, and by what method they were notified. This information shall be maintained by the supplier, distributor, broker, or processor and shall be provided to the department upon request. (b) The department may, after receiving the information required by subdivision (a), notify appropriate local health officers and environmental health directors, as soon as practicable, that a business in the local jurisdiction has handled or received, or anticipates handling or receiving, a recalled meat- or poultry-related product. The department shall, if it makes the notification authorized by this subdivision, provide appropriate local health officers and environmental health directors with each supplier’s, distributor’s, broker’s, processor’s, or retailer’s name, address, contact information, affected product identifying codes, including establishment numbers, package codes, product codes, pack dates, and lot numbers, if any, and all other supply chain information available. (c) (1) If the department makes the notification authorized by subdivision (b), the department, local health officers, and environmental health directors may notify the public in a manner local health officers, in consultation with the department and environmental health directors, deem appropriate regarding recalled meat- and poultry-related products based on their determination that the retailer is present within the local jurisdiction and has received or made the product available to the public. (2) If the retailer is a restaurant, and a determination has been made by a local health officer or environmental health officer that the contaminated product has not been served, sold, or otherwise offered to the public for consumption, and the contaminated product has been permanently removed from the restaurant’s food supply, then the public notification shall exclude the name or any other identifying feature of the restaurant. (Amended by Stats. 2007, Ch. 483, Sec. 24. Effective January 1, 2008.)
  81. 110807.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6.5. Recalled Food [110806 - 110807] ( Article 6.5 added by Stats. 2006, Ch. 592, Sec. 2. )

    Verify source ↗

    This article becomes operative on July 1, 2007.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 6.5. Recalled Food [110806 - 110807] ( Article 6.5 added by Stats. 2006, Ch. 592, Sec. 2. ) ## 110807. This article shall become operative on July 1, 2007. (Added by Stats. 2006, Ch. 592, Sec. 2. Effective January 1, 2007. Note: This section prescribed a delayed operative date for Article 6.5, commencing with Section 110806.)
  82. 110810.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    This article is named the California Organic Food and Farming Act, and it may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110810. This article shall be known, and may be cited as, the California Organic Food and Farming Act. (Amended by Stats. 2020, Ch. 302, Sec. 9. (SB 406) Effective September 29, 2020.)
  83. 110811.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    This section says the article must be read together with specified Food and Agricultural Code provisions and National Organic Program 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110811. This article shall be interpreted in conjunction with Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code and the regulations promulgated by the National Organic Program (NOP) (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)). (Added by Stats. 2002, Ch. 533, Sec. 40. Effective January 1, 2003.)
  84. 110812.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    The director must enforce specified organic regulations, this article, and related Food and Agricultural Code 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110812. The director shall enforce regulations promulgated by the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), provisions of this article, and Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code. (Added by Stats. 2002, Ch. 533, Sec. 41. Effective January 1, 2003.)
  85. 110815.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    This section defines key terms used in the California Organic Food and Farming Act article, including animal food, handler, processing, prohibited materials, and sold as organic.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110815. Unless otherwise defined pursuant to the National Organic Program, the following words and phrases, when used in this article, shall have the following meanings: (a) “Animal food” means any food intended to be fed to any household animal, including, but not limited to, cats, or dogs and other carnivores. It does not include “feed” intended for livestock as defined in Section 205.2 of Title 7 of the Code of Federal Regulations. (b) “Director” means the Director of the Department of Health Services. (c) “Enforcement authority” means the governmental unit with primary enforcement jurisdiction, as provided in Section 110930. (d) “Handle” means to sell, process, or package agricultural products. (e) “Handler” means any person engaged in the business of handling agricultural products, but does not include final retailers of agricultural products that do not process agricultural products. (f) “Handling operation” means any operation or portion of an operation, except final retailers of agricultural products that do not process agricultural products, that (1) receives or otherwise acquires agricultural products and (2) processes, packages, or stores agricultural products. (g) “NOP” means the National Organic Program established pursuant to the Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) and the regulations adopted for implementation. (h) “Processing” means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes packaging, canning, jarring, or otherwise enclosing food in a container. (i) “Prohibited materials” means any materials prohibited under regulations adopted by (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)). For products not covered by the National Organic Program, prohibited materials are anything not on the approved list. (j) “Secretary” means the Secretary of the California Department of Food and Agriculture. (k) “Sold as organic” means any use of the terms “organic,” “organically grown,” or grammatical variations of those terms, whether orally or in writing, in connection with any product grown, handled, processed, sold, or offered for sale in this state, including, but not limited to, any use of these terms in labeling or advertising of any product and any ingredient in a multi-ingredient product. ( l) “USDA” means the United States Department of Agriculture. (Amended by Stats. 2003, Ch. 726, Sec. 6. Effective January 1, 2004.)
  86. 110818.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Water is not treated as a prohibited material just because it has incidental contamination, if the contamination was not added by or under the control of the person in control of the product.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110818. Water, including substances dissolved in water, shall not be a prohibited material, even if it contains incidental contamination from a prohibited material, if the prohibited material was not added by, or under the direction or control of, the person in control of the product. (Added by Stats. 2002, Ch. 533, Sec. 43. Effective January 1, 2003.)
  87. 110820.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    A product may be sold as organic only if it follows NOP regulations and is made entirely from raw or processed agricultural products, with limited 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110820. Except as otherwise provided in this article, no product shall be sold as organic pursuant to this article unless it is produced according to regulations promulgated by the NOP, and consists entirely of products manufactured only from raw or processed agricultural products except as follows: (a) Water, air, and salt may be added to the product. (b) Ingredients other than raw or processed agricultural products may be added to the product if these ingredients include nonagricultural substances or nonorganically produced agricultural products produced in a manner consistent with, or which are on the national list adopted by the United States Secretary of Agriculture pursuant to Section 6517 of the NOP and do not represent more than 5 percent of the weight of the total finished product, excluding salt and water. (Amended by Stats. 2002, Ch. 533, Sec. 44. Effective January 1, 2003.)
  88. 110825.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Materials are acceptable in this state only if they are outlined by NOP regulations and by this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110825. Materials acceptable in this state are those outlined by regulations promulgated by the NOP and the provisions of this article. (Amended by Stats. 2002, Ch. 533, Sec. 45. Effective January 1, 2003.)
  89. 110827.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Aquaculture, fish, and seafood products may not be labeled or represented as organic until the specified organic certification standards have been developed and implemented.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110827. No aquaculture, fish, or seafood product, including, but not limited to, farmed and wild caught species, shall be labeled or represented as “organic” until formal organic certification standards have been developed and implemented by the United States Department of Agriculture’s National Organic Program or the California Department of Food and Agriculture. (Added by Stats. 2005, Ch. 685, Sec. 2. Effective January 1, 2006.)
  90. 110830.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Products cannot be sold as organic unless they are prominently labeled and invoiced as required by NOP regulations, and they cannot be advertised or labeled in a way that creates doubt about whether they are organic.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110830. (a) No product handled, processed, sold, advertised, represented, or offered for sale in this state, shall be sold as organic unless it also is prominently labeled and invoiced with similar terminology as set forth by regulations promulgated by the NOP. (b) No product may be advertised or labeled as “organic when available” or similar terminology that leaves in doubt whether the food is being sold as organic. (Amended by Stats. 2002, Ch. 533, Sec. 48. Effective January 1, 2003.)
  91. 110835.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    The director may adopt regulations on whether substances may be used in processing certain organic-related 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110835. The director may adopt regulations allowing or prohibiting the use of substances in the processing of products that are exempt or excluded from certification under the NOP, and animal food and cosmetics sold as organic. (Amended by Stats. 2002, Ch. 533, Sec. 49. Effective January 1, 2003.)
  92. 110838.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Products sold or labeled as organic must meet a 70% organic-ingredient minimum, and the percentage must be calculated and verified as specified.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110838. (a) Cosmetic products sold, labeled, or represented as organic or made with organic ingredients shall contain, at least 70 percent organically produced ingredients. (b) The percentage of all organically produced ingredients in an agricultural product sold, labeled, or represented as “organic” or “100 percent organic,” or sold, labeled, or represented as being made with organic ingredients or food groups, or as inclusive of organic ingredients, shall be calculated as follows: (1) For products containing organically produced ingredients in solid form, by dividing the total net weight of combined organic ingredients at formulation, excluding water and salt, by the total weight of the finished product, excluding water and salt. (2) For products containing organically produced ingredients in liquid form, by dividing the fluid volume of all organic ingredients, excluding water and salt, by the fluid volume of the finished product, excluding water and salt. If the liquid product is identified on the principal display panel or information panel as being reconstituted from concentrates, the calculation should be made on the basis of single-strength concentrations of the ingredients and finished product. (3) For products containing organically produced ingredients in both solid and liquid form, by dividing the combined weight of the solid ingredients and the weight of the liquid ingredients, excluding water and salt, by the total weight of the finished product, excluding water and salt. (c) The percentage of all organically produced ingredients in an agricultural product must be rounded down to the nearest whole number. (d) The percentage of all organically produced ingredients in an agricultural product must be determined by the handler who affixes the label to the consumer package and verified by the handler’s certifying agent. The handler may use information provided by the certified operation in determining the percentage. (Added by Stats. 2002, Ch. 533, Sec. 50. Effective January 1, 2003.)
  93. 110839.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Multi-ingredient cosmetic products sold as organic in California with under 70% organic ingredients may identify organic content only in the ways listed here.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110839. Multi-ingredient cosmetic products sold as organic in California with less than 70 percent organically produced ingredients, by weight or by fluid volume, excluding water and salt, may only identify the organic content as follows: (a) By identifying each organically produced ingredient in the ingredient statement with the word “organic” or with an asterisk or other reference mark that is defined below the ingredient statement to indicate the ingredient is organically produced. (b) If the organically produced ingredients are identified in the ingredient statement, by displaying the product’s percentage of organic contents on the information panel. (Added by Stats. 2002, Ch. 533, Sec. 51. Effective January 1, 2003.)
  94. 110840.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    People who handle or sell organic products at retail must keep detailed records, retain them for set periods, and make them available for inspection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110840. (a) All persons who handle products sold as organic shall keep accurate and specific records of the following: (1) Except when sold to the consumer, the name and address of all persons, to whom or from whom the product is sold, purchased, or otherwise transferred, the quantity of product sold or otherwise transferred, and the date of the transaction. (2) Invoices, bills of lading, or other documents that show transfer of title of certified organic products must indicate the product is “organic” or “certified organic.” (3) Any person selling a product that is exempt or excluded from certification under NOP rules, shall follow the requirements of Section 205.101 of Title 7 of the Code of Federal Regulations. (4) All substances applied to the product or used in or around any area where product is kept, including the quantity applied and the date of each application. All pesticide chemicals shall be identified by brand name, if any, and by source. (b) All persons who sell, at retail, products sold as organic shall keep accurate and specific records of the following: (1) Except when sold to the consumer, the name and address of all suppliers of persons, to whom or from whom the product is sold, purchased, or otherwise transferred, the quantity of product purchased or otherwise transferred, and the date of the transaction. (2) Invoices, bills of lading or other documents that show transfer of title of certified organic products must indicate the product is “organic” or “certified organic.” (3) Any person selling a product that is exempt or excluded from certification under NOP rules, shall follow the requirements of Section 205.101 of Title 7 of the Code of Federal Regulations. (4) All substances applied to the product or used in or around any area where product is kept, including the quantity applied and the date of each application. All pesticide chemicals shall be identified by brand name, if any, and by source. (c) All records required to be kept under this section shall be maintained as set forth by regulations promulgated by the NOP, when applicable, or as follows: by producers for not less than three years and by handlers for not less than two years from the date that the product is sold, and shall be maintained by retailers for not less than one year from the date that the product is sold, and shall be maintained by the retailers for not less than one year from the date that the product is received by the retailer. These records shall be made available for inspection at any time by the director or the secretary and by each certification organization that certifies the product, if any, for purposes of carrying out this article and Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code. (Amended by Stats. 2020, Ch. 302, Sec. 10. (SB 406) Effective September 29, 2020.)
  95. 110845.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

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    Organic-product producers, handlers, processors, and retailers must let specified officials inspect required records and must provide copies within 72 hours on request.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110845. (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for inspection by, and shall upon request, within 72 hours of the request, provide a copy to, the director, the Attorney General, any prosecuting attorney, any governmental agency responsible for enforcing laws related to the production or handling of products sold as organic, or the secretary of any record required to be kept under this section for purposes of carrying out this article and Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code. Records acquired pursuant to this subdivision shall not be public records as that term is defined in Section 7920.530 of the Government Code and shall not be subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (b) Upon written request of any person that establishes cause for the request, the director and the secretary shall obtain and provide to the requesting party within 10 working days of the request a copy of any of the following records required to be kept under this article that pertain to a specific product sold or offered for sale, and that identify substances applied, administered, or added to that product, except that financial information about an operation or transaction, information regarding the quantity of a substance administered or applied, the date of each administration or application, information regarding the identity of suppliers or customers, and the quantity or price of supplies purchased or products sold shall be removed before disclosure and shall not be released to any person other than persons and agencies authorized to acquire records under subdivision (a): (1) Records of a handler, as described in paragraph (4) of subdivision (a) of Section 110840, records of previous handlers, if any, without identifying the previous handlers or producers, and, if applicable, records obtained as required in subdivision (b). (2) Records of a retailer, as described in paragraph (4) of subdivision (b) of Section 110840, records of previous handlers, if any, as described in paragraph (4) of subdivision (a) of, Section 110840, without identifying the previous handlers, and, if applicable, records obtained as required in subdivision (b). This subdivision shall be the exclusive means of public access to records required to be kept by handlers and retailers under this article. A person required to provide records pursuant to a request under this subdivision, may petition the director or the secretary to deny the request based on a finding that the request is of a frivolous or harassing nature. The secretary or director may, upon the issuance of this finding, waive the information production requirements of this subdivision for the specific request for information that was the subject of the petition. (c) Information specified in subdivision (b) that is required to be released upon request shall not be considered a “trade secret” under Section 110165, Section 1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code). (d) The director or the secretary may charge the person requesting records a reasonable fee to reimburse the director, the secretary, or the source of the records for the cost of reproducing the records requested. (e) Any person who first imports into this state, for resale, products sold as organic shall obtain and provide to the enforcement authority, upon request, proof that the products being sold have been certified by an accredited certifying organization or have otherwise been produced in compliance with this article. (f) The director shall not be required to obtain records not in the director’s possession in response to a subpoena. Prior to releasing records required to be kept pursuant to this chapter in response to a subpoena, the director shall delete any information regarding the identity of suppliers or customers and the quantity or price of supplies purchased or products sold. (Amended by Stats. 2021, Ch. 615, Sec. 276. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  96. 110850.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

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    Organic products sold in California must be certified by an approved certifying agent when federal certification is required, and certification organizations must register and meet USDA accreditation requirements in some cases.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110850. (a) Following initial United States Department of Agriculture accreditation of certifying agents as provided in Section 6514 of Title 7 of the United States Code and upon implementation of the federal organic certification requirement pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq., Sec. 2101, P.L. 101-624), all products sold as organic in California shall be certified by a federally accredited certifying agent, if they are required to be certified under the federal act. In addition products shall be sold as organic only in accordance with this section, Sections 110855 to 110870, inclusive, and Section 46009 of the Food and Agricultural Code. The secretary, director, and the county agricultural commissioners shall carry out this subdivision to the extent that adequate funds are made available for that purpose. (b) Products sold as organic may be certified only by a certification organization registered pursuant to Section 46014.1 of the Food and Agricultural Code or a federally accredited certification organization. (c) In order to be registered, a certification organization shall be accredited by the USDA, if required. (d) A certification organization that certifies processed products sold as organic shall register with the secretary. (e) The director may audit the organization’s certification procedures and records at any time. Records of certification organizations not otherwise required to be released upon request or made publicly available shall not be released by the director except to other employees of the department, the Department of Food and Agriculture, a county agricultural commissioner, the Attorney General, any prosecuting attorney, or any government agency responsible for enforcing laws related to the activities of the person subject to this part. (Amended by Stats. 2002, Ch. 533, Sec. 56. Effective January 1, 2003.)
  97. 110855.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    A registered certification organization must inspect the producer’s premises before initial certification, and the inspection must cover the recordkeeping system and the production area or 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110855. Prior to initial certification of a producer, a registered certification organization shall conduct at least one initial physical inspection of the premises where the food to be certified is produced. This inspection shall include the recordkeeping system necessary for compliance with Section 110840 and the area or facility at which the food is produced. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  98. 110860.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

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    Registered certification organizations must prepare a quarterly list of certified or pending-certification persons, file it with the relevant department, make it public within 30 days, and inspect certified food premises at least annually.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110860. (a) A registered certification organization shall no less often than, at the end of each calendar quarter, prepare a list by name of all persons whose production or processing of food is certified or pending certification by the certification organization. This list shall be filed with the department or the Department of Food and Agriculture, as applicable, by the certification organization and made publicly available within 30 days after the end of each quarter. (b) A registered certification organization or a federally accredited certification organization shall, at least annually, physically inspect the premises where the food to be certified is produced and processed. The inspection shall include an examination of recordkeeping. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  99. 110865.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    A registered certification organization must adopt, follow, and annually file a publicly available certification plan.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110865. A registered certification organization shall adopt and adhere to a certification plan filed annually and made publicly available. Except in the case of a certification program established pursuant to subdivision (e) of Section 110850, a certification plan shall be filed as part of the registration required pursuant to subdivision (d) of Section 110850. A certification plan shall at minimum include a detailed description of all of the following elements of the certification organization’s program: (a) Minimum information required from producers or processors regarding growing or processing practices and methods for verifying that information. (b) Qualifications of and training requirements for all inspectors. (c) Procedures for inspection, including frequency and items covered. (d) Procedures for soil and tissue sampling and analysis. (e) Criteria for certification. (f) Process for certification decisionmaking, including identification of persons with decisionmaking authority. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  100. 110870.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    A registered certification organization may certify only products that were handled and processed in accordance with this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110870. Only products that have been handled and processed in accordance with this article may be certified by a registered certification organization. (Amended by Stats. 2002, Ch. 533, Sec. 57. Effective January 1, 2003.)
  101. 110875.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Certain organic-product handlers and processors must register with the director, renew annually, pay the required fee, and update changes; late or invalid registrations can trigger penalties or revocation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110875. (a) Every person engaged in this state in the processing or handling of processed products for human consumption, including dietary supplements, alcoholic beverages, and fish or seafood sold as organic (except for processors and handlers of processed meat, fowl, or dairy products and retailers that are engaged in the processing or handling of products sold as organic), and every person engaged in the processing or handling of animal food and cosmetics sold as organic, shall register with the director, and shall thereafter annually renew the registration unless no longer so engaged. Handlers of processed food products that are registered with the department pursuant to Article 2 (commencing with Section 110460) shall register under this section in conjunction with the annual renewal of their registration pursuant to that article. Handlers of organic products that are required to be registered to manufacture, pack, or hold processed food pursuant to Article 2 (commencing with Section 110460) of Chapter 5 of Part 5 of Division 104, licensed to bottle, vend, haul, or process water pursuant to Article 12 (commencing with Section 11070) of Chapter 5 of Part 5 of Division 104, certified to process or handle fresh or frozen seafood or fresh or frozen raw shellfish pursuant to Chapter 5 (commencing with Section 112150) of Part 6 of Division 104, licensed to operate a cold storage facility pursuant to Chapter 6 (commencing with Section 112350) of Part 6 of Division 104, licensed to process low acid canned foods pursuant to Chapter 8 (commencing with Section 112650) of Part 6 of Division 104, licensed to manufacture olive oil pursuant to Chapter 9 (commencing with Section 112875) of Part 6 of Division 104, and licensed or registered to process or hold pet food in California pursuant to Chapter 10 (commencing with Section 113025) of Part 6 of Division 104, shall possess a valid registration or license in order to obtain a valid organic registration for the same facility under this section. All others required to register under this subdivision shall register within 30 days of forms being made available for this purpose. Any processor or handler of processed products required to register under this subdivision that does not pay the registration fee required by subdivision (c) within 30 days of the date on which the fee is due and payable shall pay a penalty of 11/2 percent per month on the unpaid balance. (b) Registration shall be on a form provided by the director and shall be valid for a period of one calendar year from the date of validation of the completed registration form. The director shall make registration forms available for this purpose. The information provided on the registration form shall include all of the following: (1) The nature of the registrant’s business, including the specific commodities and quantities of each commodity that is handled and sold as organic. (2) The total current annual organic gross sales, or if not selling the product, the total current gross annual revenue received from processing, packaging, repackaging, labeling, or otherwise handling organic products for others, in dollars. (3) The names of all certification organizations and governmental entities, if any, providing certification to the registrant pursuant to this article and the regulations adopted by the NOP. (4) Sufficient information, under penalty of perjury, to enable the director to verify the amount of the registration fee to be paid in accordance with subdivision (c). (c) To the extent feasible, the director shall coordinate the registration and fee collection procedures of this section with similar licensing or registration procedures applicable to registrants. When coordinating the organic registration with other required registrations or licenses identified in subdivision (a), the expiration date shall be the same expiration date as the valid license or registration. For persons that hold two-year licenses or registrations pursuant to subdivision (a), the organic registration shall be renewed annually using the same expiration month and day as the two-year license or registration. (d) A registration form shall be accompanied by payment of a nonrefundable registration fee payable to the department by handlers which shall be based on annual gross sales of organic product or annual revenue received from processing, packaging, repackaging, labeling, or otherwise handling organic product for others, by the registrant in the calendar year that precedes the date of registration. If no sales or revenue were made in the preceding year, then based on the expected sales or revenue during the 12 calendar months following the date of registration. Unless specified elsewhere, the fee is based according to the following schedule: `Gross Annual Sales or Revenue Annual Registration Fee $0–$5,000 $ 50 $5,001–$50,000 $100 $50,001–$125,000 $200 $125,001–$250,000 $300 $250,001–$500,000 $400 $500,001–$1,500,000 $500 $1,500,001–$2,500,000 $600 $2,500,001–and above $700 (1) Any handler that does not take possession or title of the product but arranges for the sale of the product shall register and pay one hundred dollars ($100) per year. (2) Any person that only provides temporary storage for seven days or less, or only provides transportation for organic product and does not handle the processed packaged product, does not have to register. (3) Any person that hires any other person to custom pack, repack, or label organic products shall register and pay a fee based on the total annual sales of products custom packed, repacked, or labeled for them as outlined in the chart above. (e) Revenue received pursuant to this section shall be deposited in the Food Safety Fund created pursuant to Section 110050. (f) The director shall reject a registration submission that is incomplete or not in compliance with this article and regulations promulgated by the NOP. (g) The director shall provide a validated certificate to the registrant. (h) Registration forms shall be made available to the public for inspection and copying at the main office of the department. Copies of registration forms shall also be made available by mail, upon written request and payment of a reasonable fee, as determined by the director. Registration information regarding quantity of products sold and gross sales volume in dollars shall be deleted prior to public inspection and copying and shall not be released to any person except other employees of the department, the Department of Food and Agriculture, a county agricultural commissioner, the Attorney General, any prosecuting attorney, or any government agency responsible for enforcing laws related to the activities of the person subject to this part. (i) A registrant shall immediately notify the director of any change in the information reported on the registration form and shall pay any additional fee owed if that change results in a higher fee owed than previously paid. (j) The director in consultation with the California Organic Products Advisory Committee, may suspend the registration program set forth in this section if the director determines that income derived from registration fees is insufficient to support a registration enforcement program. (k) A registration is considered legal and valid until revoked, suspended, or until the expiration of the registration. ( l) The registration revocation process must be in conjunction with other provisions of this article. The director can initiate the revocation process for failure to comply with this article or any part of the regulations adopted pursuant to the NOP. Any person against whom the action is being taken shall have the opportunity to appeal the action and be afforded the opportunity to be heard in an administrative appeal. This appeal can be administered by either the state or county agricultural commissioner’s office. (m) When the registration fee is not paid within 60 days from the expiration date the account may be considered closed and the registration voided. A notification will be sent to the registrant and the certifier will notify them that they are no longer able to market products as organic until the account is paid in full. (n) Any registration that is more than 60 days late will be considered invalid and it is a violation if product is sold as organic. (Amended by Stats. 2002, Ch. 533, Sec. 58. Effective January 1, 2003.)
  102. 110880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    This article applies to organic products sold in the state, and to products produced in the state that are handled or processed in the state and sold as organic.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110880. This article shall apply to all products sold as organic within the state, wherever produced, handled, or processed, and to all products produced, that are handled or processed in the state, wherever sold as organic. (Amended by Stats. 2002, Ch. 533, Sec. 59. Effective January 1, 2003.)
  103. 110885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    This article does not apply to use of the term “natural” in product labeling or advertising.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110885. This article shall not apply to the term “natural” when used in the labeling or advertising of a product. (Amended by Stats. 2002, Ch. 533, Sec. 60. Effective January 1, 2003.)
  104. 110890.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    It is unlawful for any person to sell, offer for sale, advertise, or label a product in violation of this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110890. (a) It is unlawful for any person to sell, offer for sale, advertise, or label any product in violation of this article. (b) Notwithstanding subdivision (a), a person engaged in business as a distributor or retailer of products who in good faith sells, offers for sale, labels, or advertises any product in reliance on the representations of a producer, handler, or other distributor that the product may be sold as organic, shall not be found to violate this article unless the distributor either: (1) knew or should have known that the product could not be sold as organic; (2) was engaged in producing or processing the product; or (3) prescribed or specified the manner in which the product was produced or processed. (Amended by Stats. 2002, Ch. 533, Sec. 61. Effective January 1, 2003.)
  105. 110895.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    It is unlawful to certify products in violation of this article, to certify products as organic unless registered or accredited as a certification organization, or to make false statements or omit required facts in that 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110895. (a) It is unlawful for any person to certify products in violation of this article. (b) It is unlawful for any person to certify products as organic unless duly registered or accredited as a certification organization pursuant to Section 110850. (c) 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 registration for a certification organization pursuant to Section 110850. (Amended by Stats. 2002, Ch. 533, Sec. 62. Effective January 1, 2003.)
  106. 110900.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    A person may not produce, handle, or process products sold as organic unless duly registered under Section 110875. A person also may not make false statements or knowingly omit required facts in that 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110900. (a) It is unlawful for any person to produce, handle, or process products sold as organic unless duly registered pursuant to Section 110875. (b) 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 registration pursuant to Section 110875. (Amended by Stats. 2002, Ch. 533, Sec. 63. Effective January 1, 2003.)
  107. 110905.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Any person must not forge, falsify, fail to retain, fail to obtain, or fail to disclose certain records.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110905. It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Sections 110840 and 110845. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  108. 110910.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Any person must not make false or misleading organic-related claims, alter organic registration or certification documents, falsify documents, or use “transitional organic” in California to represent a product for sale.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110910. It is unlawful for any person to do any of the following: (a) Advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be used in connection with the production, processing, or distribution of products sold as organic if that fertilizer or pesticide chemical contains a prohibited material. (b) Alter any organic registration form. (c) Alter any certification document. (d) Falsify any document. (e) Use the term “transitional organic” in this state to represent a product for sale. (Amended by Stats. 2002, Ch. 533, Sec. 64. Effective January 1, 2003.)
  109. 110915.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    The director may impose civil penalties for violations of this article or related regulations, with lower penalties for unintentional violations and a notice of violation available for a minor first offense.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110915. (a) In lieu of prosecution, the director may levy a civil penalty against any person who violates this article, any regulation adopted pursuant to this article, or any regulation promulgated by the NOP in an amount not more than five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based upon the nature of the violation, the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this article, and the impact of the penalty on the violator, including the deterrent effect on future violations. (b) Notwithstanding the penalties prescribed in subdivision (a), if the director finds that a violation was not intentional, the director may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation. (c) For a first offense, in lieu of a civil penalty as prescribed in subdivisions (a) and (b), the director may issue a notice of violation, if he or she finds that the violation is minor. (d) A person against whom a civil penalty is levied shall be afforded an opportunity for a hearing before the director, upon request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to review the director’s evidence of the violation and the right to present evidence on his or her own behalf. If no hearing is requested, the civil penalty shall constitute a final and nonreviewable order. (e) If a hearing is held, review of the decision of the director may be sought by any person within 30 days of the date of the final order of the director pursuant to Section 1094.5 of the Code of Civil Procedure. (f) A civil penalty levied by the director pursuant to this section may be recovered in a civil action brought in the name of the state. (Amended by Stats. 2002, Ch. 533, Sec. 65. Effective January 1, 2003.)
  110. 110920.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    A fee set and collected under this article cannot be higher than the department’s costs of regulating and enforcing the related 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110920. No fee established and collected pursuant to this article shall exceed the department’s costs of regulating and enforcing the provisions of this article related to the function for which the fee is established. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  111. 110925.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Fees and civil penalties collected under this article must be deposited in 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110925. Any fees and civil penalties collected pursuant to this article shall be deposited in the General Fund and, upon appropriation by the Legislature, shall be expended to fulfill the responsibilities of the director as specified in this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  112. 110930.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    The director must enforce this article for organic processed products, but only to the extent funds are available.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110930. The director shall, to the extent funds are available, enforce this article applicable to all processors and handlers of processed products sold as organic, including handlers and processors of fish and seafood, cosmetics, and animal food products sold as organic, except for processors and handlers of processed meat, fowl, and dairy products. (Amended by Stats. 2002, Ch. 533, Sec. 66. Effective January 1, 2003.)
  113. 110935.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    The director must keep and provide a public list of penalties from the last five years, including the amount, the penalized party, and the nature of the violation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110935. The director shall maintain in a central location, and make publicly available for inspection and copying, upon request, a list of all penalties levied within the past five years, including the amount of each penalty, the party against whom the penalty was levied, and the nature of the violation. The list also shall be available by mail, upon written request and payment of a reasonable fee, as determined by the director. (Amended by Stats. 1999, Ch. 609, Sec. 26. Effective January 1, 2000.)
  114. 110940.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    People may file complaints with the director about suspected noncompliance, and the director must set up a complaint-handling process and investigate and report within stated time limits when funds are available.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110940. (a) Any person may file a complaint with the director concerning suspected noncompliance with this article by a person over whom the director has responsibility as provided in this article or regulations adopted by the NOP. (b) The director shall, to the extent funds are available, establish a procedure for handling complaints, including, provision of a written complaint form, and procedures for commencing an investigation within three working days of receiving a written complaint regarding fresh food, and within seven working days for other product, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 90 days thereafter. (c) The director may establish minimum information requirements to determine the verifiability of a complaint and may provide for rejection of a complaint that does not meet the requirements. The director shall provide written notice of the reasons for rejection to the person filing the complaint. (d) The responsibilities of the director under this section shall be carried out to the extent funds are available. (e) The complaint process in this state shall also meet all the complaint processes outlined in regulations promulgated by the NOP. (Amended by Stats. 2002, Ch. 533, Sec. 67. Effective January 1, 2003.)
  115. 110945.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    This article applies even if another law conflicts with it, but it does not repeal other laws that are not inconsistent with 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110945. This article shall apply notwithstanding any other provision of law that is inconsistent with this article. Nothing in this article is intended to repeal any other provision of law not inconsistent with this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  116. 110950.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    The director may adopt regulations needed to implement or clarify this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110950. The director may adopt any regulations as are reasonably necessary to assist in the implementation of, or to make more specific, the provisions of, this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  117. 110955.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    References in law to former Section 26569.11 must be treated as references to this article and Chapter 10 of Division 17 of the Food and Agricultural Code.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110955. Any reference in law to former Section 26569.11, whether existing or hereinafter enacted, shall be interpreted to refer to this article and Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code as the successor section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  118. 110956.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    State organic product regulations include regulations and amendments tied to the National Organic Program, and the director may set sale conditions by regulation for organic products not covered by the NOP.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110956. (a) All organic product regulations and any amendments to those regulations adopted pursuant to the NOP, that are in effect on the date this bill is enacted or that are adopted after that date shall be the organic product regulations of this state. (b) The director may, by regulation, prescribe conditions under which organic products not addressed by the National Organic Program may be sold in this state. (Amended by Stats. 2002, Ch. 533, Sec. 68. Effective January 1, 2003.)
  119. 110957.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    A person must not advertise or label products in a way that says the person or the products are registered under this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110957. It shall be unlawful for a person to represent in advertising or labeling that the person or the products of the person are registered pursuant to this article. (Amended by Stats. 2002, Ch. 533, Sec. 69. Effective January 1, 2003.)
  120. 110958.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    Each year, the director must compile, publish, and submit a summary of information collected under Section 110875 to the California Organic Products Advisory Committee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110958. Annually, the director shall compile and publish and submit to the California Organic Products Advisory Committee a summary of information collected under Section 110875, including, but not limited to, the following: (a) The total number of registrations received under this section. (b) The total number and quantity of each type of product sold as organic by all registrants combined. (c) The total annual organic gross sales volume or revenue of all registrants combined, and the median gross annual organic sales or revenue of all registrants. (d) The names of all registrants. (e) The number of registrants in each of the following ranges of annual gross sales volume: (1) $0–$5,000 (2) $5,001–$25,000 (3) $25,001–$50,000 (4) $50,001–$125,000 (5) $125,001–$250,000 (6) $250,001–$500,000 (7) $500,001–$750,000 (8) $750,001–$1,000,000 (9) $1,000,001–$1,500,000 (10) $1,500,001–$2,500,000 (11) $2,500,001–$10,000,000 (12) $10,000,001–$30,000,000 (13) $30,000,001 and above. (f) The report published pursuant to this section shall present the required information in an aggregate form that preserves the confidentiality of the proprietary information of individual registrants. (Amended by Stats. 2002, Ch. 533, Sec. 70. Effective January 1, 2003.)
  121. 110959.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. )

    Verify source ↗

    The director must run a spot-inspection program for persons required to register under Section 110875, starting January 1, 2003.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 7. The California Organic Food and Farming Act [110810 - 110959] ( Heading of Article 7 amended by Stats. 2020, Ch. 302, Sec. 8. ) ## 110959. Beginning January 1, 2003, the director shall conduct a program of spot inspections of persons required to register pursuant to Section 110875 to verify continuing compliance with this article and the regulations adopted by the NOP according to uniform procedures established by the director and regulations promulgated by the NOP. (Added by Stats. 2002, Ch. 533, Sec. 71. Effective January 1, 2003.)
  122. 110960.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 8. Potentially Hazardous Food [110960- 110960.] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person may not transport, hold, or display potentially hazardous refrigerated food above 45°F, unless Section 113995 applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 8. Potentially Hazardous Food [110960- 110960.] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110960. Except as provided in Section 113995, it is unlawful for any person to transport, hold, or display any potentially hazardous refrigerated food at any temperature above 45 degrees Fahrenheit. (Amended by Stats. 2002, Ch. 532, Sec. 1. Effective January 1, 2003.)
  123. 110962.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 8.5. Baby Food [110962 - 110963] ( Article 8.5 added by Stats. 2023, Ch. 668, Sec. 1. )

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    Manufacturers of baby food sold or distributed in the state must test toxic elements, disclose results online, and add QR-code labeling in some cases.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 8.5. Baby Food [110962 - 110963] ( Article 8.5 added by Stats. 2023, Ch. 668, Sec. 1. ) ## 110962. (a) For purposes of this section, the following definitions apply: (1) “Baby food” means food packaged in jars, pouches, tubs, and boxes represented or purported to be specifically for babies and young children less than two years of age. “Baby food” does not include infant formula, as defined in Section 321(z) of Title 21 of the United States Code, or dietary supplements, as defined in Section 321(ff) of Title 21 of the United States Code. (2) “Final baby food product” means the finished product of baby food with a unique universal product code (UPC). “Final baby food product” does not mean the constituent ingredients of baby food. (3) “Product label” means a display of written, printed, or graphic material that is affixed to a product or its immediate container. (4) “Product shelf life” means the time, measured in the number of months, between the date of manufacture and the expiration date for a final baby food product. (5) “Production aggregate” means a quantity of product that is intended to have uniform composition, character, and quality, and is produced according to a master manufacturing order. (6) “Proficient laboratory” is a laboratory that meets the criteria listed in subdivision (c). (7) “Quick response (QR) code” means a machine-readable code, consisting of an array of squares, used for storing an internet website in order to access a web page. (8) “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. (9) “Toxic elements” means arsenic, cadmium, lead, and mercury. (b) A manufacturer of baby food for sale or distribution in this state shall comply with all of the following: (1) (A) Beginning on January 1, 2024, test a representative sample of each production aggregate of the manufacturer’s final baby food product, at a proficient laboratory, for toxic elements. (B) A manufacturer may test the final baby food product pursuant to subparagraph (A) before packaging individual units of baby food for sale or distribution. (C) A manufacturer shall test each final baby food product for toxic elements pursuant to subparagraph (A) at least once per month. (D) A manufacturer shall provide test results to any 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 this chapter. (2) For final baby food products sold, manufactured, delivered, held, or offered for sale in the state on and after January 1, 2025, disclose product information to consumers consistent with all of the following: (A) (i) Make publicly available on the manufacturer’s internet website, for the duration of the product shelf life for a final baby food product plus one month, the name and level of each toxic element present in each production aggregate of a final baby food product. (ii) Provide descriptive information on the internet website to enable accurate identification of the final baby food product by consumers. Descriptive information may include, but is not limited to, product name, UPC, size, lot numbers, or batch numbers. (B) If a product is tested for a certain toxic element subject to an action level, regulatory limit, or tolerance established by the United States Food and Drug Administration (FDA) pursuant to Part 109 (commencing with Section 109.3) of Title 21 of the Code of Federal Regulations, include on the product label both of the following: (i) A QR code or other machine-readable code that links to a page on the manufacturer’s internet website containing all of the following information: (I) Test results for the toxic element, as provided pursuant to subparagraph (A). (II) An internet website link to a website of the FDA where consumers can find the most recent FDA guidance and information about the health effects of the toxic element on children. (ii) A statement that reads: “For information about toxic element testing on this product, scan the QR code.” (c) The proficient laboratory that analyzes the final baby food product for toxic elements shall meet all of the following criteria: (1) Be accredited under the standards of the International Organization for Standardization (ISO) / International Electrotechnical Commission (IEC) 17025:2017 regarding the general requirements for the competence of testing and calibration laboratories. (2) Use an analytical method that is at least as sensitive as that described in the FDA Elemental Analysis Manual 4.7. (3) Demonstrate proficiency in quantifying each toxic element to at least six micrograms of the toxic element to kilogram of food (μg/kg) through an independent proficiency test. Proficiency means that laboratories achieve a z-score that is less than, or equal to, plus or minus two (≤ ±2). (Amended by Stats. 2025, Ch. 243, Sec. 5. (SB 862) Effective January 1, 2026.)
  124. 110963.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 8.5. Baby Food [110962 - 110963] ( Article 8.5 added by Stats. 2023, Ch. 668, Sec. 1. )

    Verify source ↗

    No person or entity may sell, manufacture, deliver, hold, or offer for sale any baby food in the state unless it complies with Section 110962.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 8.5. Baby Food [110962 - 110963] ( Article 8.5 added by Stats. 2023, Ch. 668, Sec. 1. ) ## 110963. No person or entity shall sell in the state or manufacture, deliver, hold, or offer for sale in the state any baby food that does not comply with the requirements described in Section 110962. (Added by Stats. 2023, Ch. 668, Sec. 1. (AB 899) Effective January 1, 2024.)
  125. 110965.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 9. Frozen Foods [110965- 110965.] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A retail food production and marketing establishment may not advertise, label, or otherwise present previously frozen meat or fish as fresh.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 9. Frozen Foods [110965- 110965.] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 110965. (a) No retail food production and marketing establishment shall advertise, label, or otherwise hold out as fresh any meat or fish that has been previously frozen. (b) For purposes of this section: (1) “Frozen” means any meat or fish stored in a room or compartment in which the temperature is plus five degrees Fahrenheit or lower. (2) “Retail food production and marketing establishment” means any room, building, or place, or portion thereof, maintained, used, or operated for, or in conjunction with, the retail sale of food, or preparation of food. “Retail food production and marketing establishment” does not include any food facility, such as any “mobile food preparation unit” any “vehicle,” and any “vending machine” as defined in Chapter 4 (commencing with Section 113700) of Part 7; any wholesale food manufacturing, distributing, or storage establishment, including, but not limited to, the licensed premises or branch office of any winegrower, any brandy manufacturer, or any wine blender, subject to Chapter 4 (commencing with Section 111950) of Part 6; any frozen food locker plant subject to Chapter 7 (commencing with Section 112500) of Part 6; any health facility subject to Chapter 2 (commencing with Section 1250) of Division 2 and Section 127050; any community care facility subject to Chapter 3 (commencing with Section 1500) of Division 2; or any “official establishment” subject to Chapter 4 (commencing with Section 18650) of Part 3 of Division 9 of the Food and Agricultural Code. (c) On and after the effective date of the act that added this subdivision to this section during the 1993–94 Regular Session, Section 26661 of the Food and Agricultural Code shall apply, to the exclusion of any provision of this section, with respect to the advertising, labeling, or otherwise holding out, of poultry. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  126. 110970.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

    Verify source ↗

    This article applies only to packaged ice intended for human consumption, and it excludes several incidental or specialized ice uses.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 110970. This article applies only to ice that is intended for human consumption and is sold in packaged form. This article shall not apply to persons, hotels, restaurants, caterers, food service contractors, and theaters that manufacture, sell, or furnish ice solely to, or for, their customers in a manner that is incidental to the manufacturing, furnishing, or sale of other goods or services. This article shall not apply to ice dispensing or vending machines, except those that dispense or vend packaged ice, or to the icing of vehicles used to transport food. (Added by Stats. 1996, Ch. 1023, Sec. 314. Effective September 29, 1996.)
  127. 110975.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

    Verify source ↗

    This section defines “ice” and “natural ice” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 110975. The following definitions apply to this article: (a) “Ice” means the product obtained as the result of freezing water by natural, mechanical, or artificial means. (b) “Natural ice” means the product obtained as the result of freezing water by natural means. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  128. 110980.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

    Verify source ↗

    Rules on good manufacturing practices for food generally also apply to making ice, unless ice is specifically excluded.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 110980. In addition to the requirements of this article, unless ice is otherwise specifically excluded, regulations specifying good manufacturing practices applicable to food generally pursuant to Section 110105 shall be applicable to the manufacture of ice. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  129. 110985.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

    Verify source ↗

    A person must not make ice from water that fails primary drinking water standards, and must not sell or offer that ice for human consumption or food preservation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 110985. No person shall make ice from, or cut natural ice from, water that does not comply with primary drinking water standards adopted by the department pursuant to Section 116365. No person shall sell or offer for sale for human consumption or food preservation ice made or cut in violation of this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  130. 110990.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

    Verify source ↗

    Ice manufacturers must get a quarterly bacterial analysis of the water used, unless they use public water system water, and must submit the analysis to the department.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 110990. Unless water from a public water system, as defined in Section 116275, is used in the manufacture of ice, the manufacturer shall, on a quarterly basis, obtain from an approved laboratory, a bacterial analysis of the water used. The analysis shall be submitted to the department, indicating whether the water is pure and wholesome. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  131. 110995.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

    Verify source ↗

    People or businesses that manufacture, transport, store, or sell ice must follow sanitation, storage, handling, testing, and access-control rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 110995. Any person or entity who manufactures, transports, stores, or sells ice shall comply with all of the following: (a) A room in which ice is manufactured shall be used for no other purpose than the manufacture of ice and the production of refrigeration, and may contain refrigeration equipment and machinery. This subdivision shall not apply to any food facility as defined in Section 113785. (b) Ice storage or processing areas shall be maintained in a clean and sanitary condition and no noxious or offensive odors, smoking, or other air pollution shall be permitted therein. (c) Cover tops for tank cans shall have a smooth, painted, or treated surface, and shall be cleaned daily. Water used for cleaning shall not be permitted to drip into freezing cans. Only potable water shall be used in sprays and in the thaw tanks for the removal of ice from cans. Water coverage tanks shall be covered and provided with filtered vents. (d) Crushed, cubed, or shaved ice, intended for human consumption, shall be stored in a manner that prevents its pollution or contamination. (e) Soil, waste, or drain pipes shall not be installed or maintained above any ice platform, loading space, ice container, ice storage room, dip tank or any place where leakage from the pipes may drop into, or upon any ice or upon any area or equipment used in the manufacture of ice, unless a safety device shall be installed under the pipes drained to an open receptacle or drain so as to prevent pollution of ice, water, or equipment used in the manufacture of the ice. (f) Block ice-loading platforms shall be washed with water as often as necessary to keep them in a clean and sanitary condition, but not less than once each day. (g) Block ice pullers and block ice storage-room employees shall wear rubber overshoes while on duty. The rubber overshoes shall be removed when the employee leaves the storage or tank room, except that if the rubber overshoes are not removed, they shall be cleaned and disinfected before reentering the storage or tank room. The use of street shoes without rubber overshoes in these areas is prohibited. (h) All frozen unpackaged ice blocks intended for sale for human consumption or for the refrigeration of food products shall be washed thoroughly with potable water. Ice manufactured for industrial purposes need not be washed prior to shipping but shall be handled and stored separately from ice intended for human consumption. (i) Ice shall be handled only with clean tongs, ice-carrying bags, scoops, or other sanitary containers, and shall not be directly handled with bare hands. (j) Single service supplies shall be stored, dispensed, and handled in a sanitary manner and shall be used only once. (k) Persons not directly involved in the manufacture, processing, packaging, or storing of ice, in the maintenance of facilities and equipment used therefore, or in the management, supervision, or inspection thereof, shall not be permitted in any area where ice is manufactured, processed, packaged, or stored, unless personal cleanliness and hygienic practices are taken to prevent contamination of the product. These areas shall have signs posted to this effect. ( l) Bacteriological tests of the finished ice shall be conducted not less than biannually, chemical and physical tests annually, and radiological tests every four years, to insure that ice manufactured for human consumption or for the refrigeration of food products complies with the primary drinking water standards adopted by the department pursuant to Section 116365. (m) No ice produced out of state shall be sold or distributed within this state unless it complies with this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  132. 11100.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    Certain sellers of listed precursor chemicals must report transactions to the Department of Justice, check buyer information, and follow special export, delivery, age, and package-limit rules.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11100. (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, transfers, or otherwise furnishes any of the following substances to any person or entity in this state or any other state shall submit a report to the Department of Justice of all of those transactions: (1) Phenyl-2-propanone. (2) Methylamine. (3) Ethylamine. (4) D-lysergic acid. (5) Ergotamine tartrate. (6) Diethyl malonate. (7) Malonic acid. (8) Ethyl malonate. (9) Barbituric acid. (10) Piperidine. (11) N-acetylanthranilic acid. (12) Pyrrolidine. (13) Phenylacetic acid. (14) Anthranilic acid. (15) Morpholine. (16) Ephedrine. (17) Pseudoephedrine. (18) Norpseudoephedrine. (19) Phenylpropanolamine. (20) Propionic anhydride. (21) Isosafrole. (22) Safrole. (23) Piperonal. (24) Thionyl chloride. (25) Benzyl cyanide. (26) Ergonovine maleate. (27) N-methylephedrine. (28) N-ethylephedrine. (29) N-methylpseudoephedrine. (30) N-ethylpseudoephedrine. (31) Chloroephedrine. (32) Chloropseudoephedrine. (33) Hydriodic acid. (34) Gamma-butyrolactone, including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone with Chemical Abstract Service number (96-48-0). (35) 1,4-butanediol, including butanediol; butane-1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4-diol with Chemical Abstract Service number (110-63-4). (36) Red phosphorus, including white phosphorus, hypophosphorous acid and its salts, ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite, sodium hypophosphite, and phosphorous acid and its salts. (37) Iodine or tincture of iodine. (38) Any of the substances listed by the Department of Justice in regulations promulgated pursuant to subdivision (b). (b) The Department of Justice may adopt rules and regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code that add substances to subdivision (a) if the substance is a precursor to a controlled substance and delete substances from subdivision (a). However, no regulation adding or deleting a substance shall have any effect beyond March 1 of the year following the calendar year during which the regulation was adopted. (c) (1) (A) Any manufacturer, wholesaler, retailer, or other person or entity in this state, prior to selling, transferring, or otherwise furnishing any substance specified in subdivision (a) to any person or business entity in this state or any other state, shall require (i) a letter of authorization from that person or business entity that includes the currently valid business license number or federal Drug Enforcement Administration (DEA) registration number, the address of the business, and a full description of how the substance is to be used, and (ii) proper identification from the purchaser. The manufacturer, wholesaler, retailer, or other person or entity in this state shall retain this information in a readily available manner for three years. The requirement for a full description of how the substance is to be used does not require the person or business entity to reveal their chemical processes that are typically considered trade secrets and proprietary information. (B) For the purposes of this paragraph, “proper identification” for in-state or out-of-state purchasers includes two or more of the following: federal tax identification number; seller’s permit identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; driver’s license; or other identification issued by a state. (2) (A) Any manufacturer, wholesaler, retailer, or other person or entity in this state that exports a substance specified in subdivision (a) to any person or business entity located in a foreign country shall, on or before the date of exportation, submit to the Department of Justice a notification of that transaction, which notification shall include the name and quantity of the substance to be exported and the name, address, and, if assigned by the foreign country or subdivision thereof, business identification number of the person or business entity located in a foreign country importing the substance. (B) The department may authorize the submission of the notification on a monthly basis with respect to repeated, regular transactions between an exporter and an importer involving a substance specified in subdivision (a), if the department determines that a pattern of regular supply of the substance exists between the exporter and importer and that the importer has established a record of utilization of the substance for lawful purposes. (d) (1) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, transfers, or otherwise furnishes a substance specified in subdivision (a) to a person or business entity in this state or any other state shall, not less than 21 days prior to delivery of the substance, submit a report of the transaction, which includes the identification information specified in subdivision (c), to the Department of Justice. The Department of Justice may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the substance or substances if the Department of Justice determines that a pattern of regular supply of the substance or substances exists between the manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes the substance or substances and the recipient of the substance or substances, and the recipient has established a record of utilization of the substance or substances for lawful purposes. (2) The person selling, transferring, or otherwise furnishing any substance specified in subdivision (a) shall affix his or her signature or otherwise identify himself or herself as a witness to the identification of the purchaser or purchasing individual, and shall, if a common carrier is used, maintain a manifest of the delivery to the purchaser for three years. (e) This section shall not apply to any of the following: (1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian. (2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patients. (3) Any manufacturer or wholesaler licensed by the California State Board of Pharmacy that sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian, or a retail distributor as defined in subdivision (h), provided that the manufacturer or wholesaler submits records of any suspicious sales or transfers as determined by the Department of Justice. (4) Any analytical research facility that is registered with the federal Drug Enforcement Administration of the United States Department of Justice. (5) A state-licensed health care facility that administers or furnishes a substance to its patients. (6) (A) Any sale, transfer, furnishing, or receipt of any product that contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and which is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or regulations adopted thereunder. However, this section shall apply to preparations in solid or liquid dosage form, except pediatric liquid forms, as defined, containing ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine where the individual transaction involves more than three packages or nine grams of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. (B) Any ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine product subsequently removed from exemption pursuant to Section 814 of Title 21 of the United States Code shall similarly no longer be exempt from any state reporting or permitting requirement, unless otherwise reinstated pursuant to subdivision (d) or (e) of Section 814 of Title 21 of the United States Code as an exempt product. (7) The sale, transfer, furnishing, or receipt of any betadine or povidone solution with an iodine content not exceeding 1 percent in containers of eight ounces or less, or any tincture of iodine not exceeding 2 percent in containers of one ounce or less, that is sold over the counter. (8) Any transfer of a substance specified in subdivision (a) for purposes of lawful disposal as waste. (f) (1) Any person specified in subdivision (a) or (d) who does not submit a report as required by that subdivision or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in a county jail not exceeding six months, by a fine not exceeding five thousand dollars ($5,000), or by both the fine and imprisonment. (2) Any person specified in subdivision (a) or (d) who has previously been convicted of a violation of paragraph (1) shall, upon a subsequent conviction thereof, be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or by both the fine and imprisonment. (g) (1) Except as otherwise provided in subparagraph (A) of paragraph (6) of subdivision (e), it is unlawful for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish a substance specified in subdivision (a) to a person under 18 years of age. (2) Except as otherwise provided in subparagraph (A) of paragraph (6) of subdivision (e), it is unlawful for any person under 18 years of age to possess a substance specified in subdivision (a). (3) Notwithstanding any other law, it is unlawful for any retail distributor to (i) sell in a single transaction more than three packages of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, or (ii) knowingly sell more than nine grams of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, other than pediatric liquids as defined. Except as otherwise provided in this section, the three package per transaction limitation or nine gram per transaction limitation imposed by this paragraph shall apply to any product that is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), or regulations adopted thereunder, unless exempted from the requirements of the federal Controlled Substances Act by the federal Drug Enforcement Administration pursuant to Section 814 of Title 21 of the United States Code. (4) (A) A first violation of this subdivision is a misdemeanor. (B) Any person who has previously been convicted of a violation of this subdivision shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (h) For the purposes of this article, the following terms have the following meanings: (1) “Drug store” is any entity described in Code 5912 of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. (2) “General merchandise store” is any entity described in Codes 5311 to 5399, inclusive, and Code 5499 of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. (3) “Grocery store” is any entity described in Code 5411 of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. (4) “Pediatric liquid” means a nonencapsulated liquid whose unit measure according to product labeling is stated in milligrams, ounces, or other similar measure. In no instance shall the dosage units exceed 15 milligrams of phenylpropanolamine or pseudoephedrine per five milliliters of liquid product, except for liquid products primarily intended for administration to children under two years of age for which the recommended dosage unit does not exceed two milliliters and the total package content does not exceed one fluid ounce. (5) “Retail distributor” means a grocery store, general merchandise store, drugstore, or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine products for personal use both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales. “Retail distributor” includes an entity that makes a direct sale, but does not include the parent company of that entity if the company is not involved in direct sales regulated by this article. (6) “Sale for personal use” means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine in dosages at or below that specified in paragraph (3) of subdivision (g). “Sale for personal use” also includes the sale of those products to employers to be dispensed to employees from first-aid kits or medicine chests. (i) It is the intent of the Legislature that this section shall preempt all local ordinances or regulations governing the sale by a retail distributor of over-the-counter products containing ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. (Amended by Stats. 2012, Ch. 867, Sec. 3. (SB 1144) Effective January 1, 2013.)
  133. 11100.05.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    This section imposes specified drug cleanup fines for certain violations and requires collected fines to be sent to the State Treasury each month for deposit in a designated account.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11100.05. (a) In addition to any fine or imprisonment imposed under subdivision (f) of Section 11100 or subdivision (j) of Section 11106 of the Health and Safety Code, the following drug cleanup fine shall be imposed: (1) Ten thousand dollars ($10,000) for violations described in paragraph (1) of subdivision (f) of Section 11100. (2) One hundred thousand dollars ($100,000) for violations described in paragraph (2) of subdivision (f) of Section 11100. (3) Ten thousand dollars ($10,000) for violations described in subdivision (j) of Section 11106. (b) At least once a month, all fines collected under this section shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county. (Amended by Stats. 2005, Ch. 468, Sec. 2. Effective January 1, 2006.)
  134. 11100.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    Some out-of-state substance buyers must report the transaction to the Department of Justice 21 days before obtaining the substance, with limited exceptions.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11100.1. (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that obtains from a source outside of this state any substance specified in subdivision (a) of Section 11100 shall submit a report of that transaction to the Department of Justice 21 days in advance of obtaining the substance. However, the Department of Justice may authorize the submission of reports within 72 hours, or within a timeframe and in a manner acceptable to the Department of Justice, after the actual physical obtaining of a specified substance with respect to repeated transactions between a furnisher and an obtainer involving the substances, if the Department of Justice determines that the obtainer has established a record of utilization of the substances for lawful purposes. This section does not apply to any person whose prescribing or dispensing activities are subject to the reporting requirements set forth in Section 11164; any manufacturer or wholesaler who is licensed by the California State Board of Pharmacy and also registered with the federal Drug Enforcement Administration of the United States Department of Justice; any analytical research facility that is registered with the federal Drug Enforcement Administration of the United States Department of Justice; or any state-licensed health care facility. (b) (1) Any person specified in subdivision (a) who does not submit a report as required by that subdivision shall be punished by imprisonment in a county jail not exceeding six months, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (2) Any person specified in subdivision (a) who has been previously convicted of a violation of subdivision (a) who subsequently does not submit a report as required by subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 146. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  135. 111000.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

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    Ice-production equipment and related areas must be designed, maintained, and cleaned to prevent contamination.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 111000. (a) Filter beds and any filtering equipment shall be designed to protect ice from contamination and shall be subject to periodic treatment and cleaning. (b) All equipment and utensils used in ice production areas shall be of easily cleanable construction, shall be kept clean and in good repair, and shall be handled and stored in a sanitary manner. Materials used as ice contact surfaces shall be smooth, nontoxic, and nonabsorbent. Ice cans shall be leakproof and the inner surfaces of the containers shall be free of corrosion. (c) Freezing tank covers shall be designed and constructed to protect ice containers from splash, drip, and other contamination, shall be easily cleanable, and shall be kept clean and in good repair. The covers shall be equipped with rings or similar devices when hooks are used for pulling. Can or tank covers, and the ledges or sides of the tank upon which the cover rests, shall be cleaned as often as necessary to keep them in a sanitary condition. (d) Conveyor surfaces shall be of impervious material and shall protect ice from contaminants that may result from shredding, flaking, peeling, or fragmentation of the conveyor surface. (e) Equipment lubrication shall not contaminate the ice and only food grade lubricants shall be used. (f) All product storage and holding areas to be refrigerated shall be cleaned as often as necessary to keep them free of contamination. (g) Air used for water agitation shall be filtered or otherwise treated to remove dust, dirt, insects, and extraneous material. Filters shall be placed upstream from the compressor and shall be easily removable for cleaning or replacement. (h) The compressor or blower used to supply air or water agitation shall be designed to deliver oil-free air. (i) Air lines and core or vacuum devices shall be used as needed to produce ice free of rust or other foreign materials. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  136. 111005.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

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    Ice is treated as food and must follow the sanitation rules that apply to food generally, unless a rule specifically excludes ice.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 111005. In addition to the requirements of this article, ice shall be considered a food subject to all the sanitation requirements applicable to food generally pursuant to Article 1 (commencing with Section 110425), except those provisions that specifically exclude ice. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  137. 11101.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    The State Department of Justice must provide a common reporting form for certain substances and include specified details on it.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11101. The State Department of Justice shall provide a common reporting form for the substances in Section 11100 which contains at least the following information: (a) Name of the substance. (b) Quantity of the substance sold, transferred, or furnished. (c) The date the substance was sold, transferred, or furnished. (d) The name and address of the person buying or receiving such substance. (e) The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing such substance. (Amended by Stats. 1974, Ch. 1072.)
  138. 111010.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. )

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    Ice-delivery vehicles and equipment must protect the ice, avoid contaminants, and keep cubed, crushed, or shaved ice in clean covered containers while the vehicle is moving.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 10. Ice [110970 - 111010] ( Article 10 heading added by Stats. 1996, Ch. 1023, Sec. 313. ) ## 111010. Any truck, vehicle, or other equipment used for delivery, distribution, or selling ice, shall comply with all of the following: (a) It shall be constructed and maintained to provide adequate and reasonable protection to the ice transported therein. Care shall be taken to prevent its contact with any contaminants, or other substances that would take the ice out of compliance with the drinking water standards prescribed by this article. (b) All cubed, crushed, or shaved ice shall be kept in clean receptacles or containers that shall be kept covered while the vehicle is in motion. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  139. 111015.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “health officer” for this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111015. “Health officer,” as used in this article, means the health officer appointed by a county board of supervisors pursuant to Section 101000, by the governing body of a city pursuant to Section 101460, by the governing body of a city and county, or by a local health district board pursuant to former Section 940, that is continued in effect as to any existing district by Section 3 of Chapter 380 of the Statutes of 1959. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  140. 11102.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    The Department of Justice may adopt regulations needed to carry out this part.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11102. The Department of Justice may adopt all regulations necessary to carry out the provisions of this part. (Added by Stats. 1974, Ch. 1072.)
  141. 111020.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may let certain local health departments enforce this part and related retail food establishment regulations if requested by a health officer and if the department finds they have enough trained staff.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111020. The department, upon the request of a health officer, may authorize the local health department of a city, county, city and county, or local health district to enforce this part, and the regulations adopted pursuant to this part that pertain to retail food establishments, as defined by regulation, if the department determines that the local health department has sufficient personnel with adequate training to do so. The enforcement shall be limited to the area under the jurisdiction of the local health department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  142. 111025.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may revoke an authorization under this article after a hearing if the local health department is not enforcing the part or related regulations, or if it no longer has adequate qualified staff.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111025. The department may revoke any authorization made pursuant to this article, if it determines, after a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that the local health department authorized pursuant to this article is not enforcing this part or the regulations adopted pursuant to this part, or no longer has an adequate staff qualified to do so. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  143. 11103.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Permit holders and others regulated by this chapter must report theft, loss, and certain quantity discrepancies for regulated substances to the Department of Justice in writing within three days.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11103. The theft or loss of any substance regulated pursuant to Section 11100 discovered by any permittee or any person regulated by the provisions of this chapter shall be reported in writing to the Department of Justice within three days after the discovery. Any difference between the quantity of any substance regulated pursuant to Section 11100 received and the quantity shipped shall be reported in writing to the Department of Justice within three days of the receipt of actual knowledge of the discrepancy. Any report made pursuant to this section shall also include the name of the common carrier or person who transports the substance and date of shipment of the substance. (Amended by Stats. 1997, Ch. 397, Sec. 3. Effective January 1, 1998.)
  144. 111030.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An authorized local health department may inspect, sample, test, embargo, hold informal hearings, certify facts to the district attorney, and start proceedings about adulterated or misbranded 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111030. A local health department that is authorized by the department to enforce this part may make inspections, take samples, make laboratory examinations, impose and remove embargoes, hold informal hearings, certify facts to the district attorney, and institute proceedings for the forfeiture, condemnation, and destruction of food found to be adulterated or misbranded. The action shall be instituted in the name of the city, county, city and county, or district of which the local health department is a part, and shall conform to the requirements of this part and the regulations adopted by the department pursuant to this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  145. 111035.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    For this article, the health officer and deputies have the same powers and authority as a Food and Drug Bureau inspector.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111035. For the purposes of this article, the health officer and his or her deputies shall have the same powers and authority as an inspector of the Bureau of Food and Drug of the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  146. 11104.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Certain people who supply listed substances or related laboratory/chemical items for unlawful drug manufacture, or who trade them to evade reporting or recordkeeping rules, commit crimes.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11104. (a) Any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes any of the substances listed in subdivision (a) of Section 11100 with knowledge or the intent that the recipient will use the substance to unlawfully manufacture a controlled substance is guilty of a felony. (b) Any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, or any chemical substance specified in Section 11107.1, with knowledge that the recipient will use the goods or chemical substance to unlawfully manufacture a controlled substance, is guilty of a misdemeanor. (c) Any person who receives or distributes any substance listed in subdivision (a) of Section 11100, or any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, or any chemical substance specified in Section 11107.1, with the intent of causing the evasion of the recordkeeping or reporting requirements of this article, is guilty of a misdemeanor. (Amended by Stats. 2005, Ch. 468, Sec. 4. Effective January 1, 2006.)
  147. 11104.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    A person who knowingly or intentionally possesses listed laboratory glassware, chemicals, or related substances with intent to manufacture a controlled substance commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11104.5. Any person who knowingly or intentionally possesses any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, or any chemical substance specified in paragraph (36) or (37) of subdivision (a) of Section 11100, Section 11107, or Section 11107.1, with the intent to manufacture a controlled substance, is guilty of a misdemeanor. (Amended by Stats. 2005, Ch. 468, Sec. 5. Effective January 1, 2006.)
  148. 111040.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If an examination or analysis shows a violation of the chapter, written notice and a copy of the findings must be given to the party who provided the sample or issued the product guarantee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111040. When an examination or analysis made pursuant to this part shows that any provision of this chapter has been violated, written notice of that fact together with a copy of the findings shall be furnished to each party from whom the sample was obtained, or who issued the product guarantee. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  149. 111045.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The health officer must set a time for an informal hearing.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111045. The health officer shall set a time for an informal hearing, at which the parties may be heard before him or her or his or her representatives. A notice in writing shall be served upon the interested parties at least 15 days prior to the hearing. The informal hearing shall be private and limited to questions of fact. Appearances may be made in person or by attorney. Testimony may be taken and evidence introduced as to the correctness of the findings made by the person making the examination or performing the analysis. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  150. 11105.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    It is unlawful to knowingly make a false statement in a report or record required by this article.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11105. (a) It is unlawful for any person to knowingly make a false statement in connection with any report or record required under this article. (b) (1) Any person who violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (2) Any person who has been previously convicted of violating this section and who subsequently violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by a fine not exceeding one hundred thousand dollars ($100,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 147. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  151. 111050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The health officer may certify the facts to the county district attorney if the examination or analysis is correct, or if a party does not appear after proper notice. Publication must wait until the hearing is over.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111050. If the examination or analysis is found to be correct, or if any party fails to appear after notice has been duly given, the health officer may certify the facts found to the district attorney of the county. No publication shall be made until after the hearing is concluded. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  152. 111055.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This article is not to be read as repealing existing sections of the chapter; it is an alternative method of 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111055. This article shall not be construed as repealing, either directly or by implication, any of the existing sections of this chapter, but shall be construed as constituting an alternative method of enforcing this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  153. 11106.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Most businesses handling certain listed controlled substances must get a Department of Justice permit, pay the application fee, and later report ownership, management, or employment changes within 15 days.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11106. (a) (1) (A) Any manufacturer, wholesaler, retailer, or any other person or entity in this state that sells, transfers, or otherwise furnishes any substance specified in subdivision (a) of Section 11100 to a person or business entity in this state or any other state or who obtains from a source outside of the state any substance specified in subdivision (a) of Section 11100 shall submit an application to, and obtain a permit for the conduct of that business from, the Department of Justice. For any substance added to the list set forth in subdivision (a) of Section 11100 on or after January 1, 2002, the Department of Justice may postpone the effective date of the requirement for a permit for a period not to exceed six months from the listing date of the substance. (B) An intracompany transfer does not require a permit if the transferor is a permittee. Transfers between company partners or between a company and an analytical laboratory do not require a permit if the transferor is a permittee and a report as to the nature and extent of the transfer is made to the Department of Justice pursuant to Section 11100 or 11100.1. (C) This paragraph shall not apply to any manufacturer, wholesaler, or wholesale distributor who is licensed by the California State Board of Pharmacy and also registered with the federal Drug Enforcement Administration of the United States Department of Justice; any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian; any state-licensed health care facility, physician, dentist, podiatrist, veterinarian, or veterinary food-animal drug retailer licensed by the California State Board of Pharmacy that administers or furnishes a substance to a patient; or any analytical research facility that is registered with the federal Drug Enforcement Administration of the United States Department of Justice. (D) This paragraph shall not apply to the sale, transfer, furnishing, or receipt of any betadine or povidone solution with an iodine content not exceeding 1 percent in containers of eight ounces or less, or any tincture of iodine not exceeding 2 percent in containers of one ounce or less, that is sold over the counter. (2) Except as provided in paragraph (3), no permit shall be required of any manufacturer, wholesaler, retailer, or other person or entity for the sale, transfer, furnishing, or obtaining of any product which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and which is lawfully sold, transferred, or furnished over the counter without a prescription or by a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or regulations adopted thereunder. (3) A permit shall be required for the sale, transfer, furnishing, or obtaining of preparations in solid or liquid dosage form containing ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, unless (A) the transaction involves the sale of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine products by retail distributors as defined by this article over the counter and without a prescription, or (B) the transaction is made by a person or business entity exempted from the permitting requirements of this subdivision under paragraph (1). (b) (1) The department shall provide application forms, which are to be completed under penalty of perjury, in order to obtain information relating to the identity of any applicant applying for a permit, including, but not limited to, the business name of the applicant or the individual name, and if a corporate entity, the names of its board of directors, the business in which the applicant is engaged, the business address of the applicant, a full description of any substance to be sold, transferred, or otherwise furnished or to be obtained, the specific purpose for the use, sale, or transfer of those substances specified in subdivision (a) of Section 11100, the training, experience, or education relating to this use, and any additional information requested by the department relating to possible grounds for denial as set forth in this section, or by applicable regulations adopted by the department. (2) The requirement for the specific purpose for the use, sale, or transfer of those substances specified in subdivision (a) of Section 11100 does not require applicants or permittees to reveal their chemical processes that are typically considered trade secrets and proprietary business information. (c) Applicants and permittees shall authorize the department, or any of its duly authorized representatives, as a condition of being permitted, to make any examination of the books and records of any applicant, permittee, or other person, or visit and inspect the business premises of any applicant or permittee during normal business hours, as deemed necessary to enforce this chapter. (d) An application may be denied, or a permit may be revoked or suspended, for reasons which include, but are not limited to, the following: (1) Materially falsifying an application for a permit or an application for the renewal of a permit. (2) If any individual owner, manager, agent, representative, or employee for the applicant who has direct access, management, or control for any substance listed under subdivision (a) of Section 11100, is or has been convicted of a misdemeanor or felony relating to any of the substances listed under subdivision (a) of Section 11100, any misdemeanor drug-related offense, or any felony under the laws of this state or the United States. (3) Failure to maintain effective controls against the diversion of precursors to unauthorized persons or entities. (4) Failure to comply with this article or any regulations of the department adopted thereunder. (5) Failure to provide the department, or any duly authorized federal or state official, with access to any place for which a permit has been issued, or for which an application for a permit has been submitted, in the course of conducting a site investigation, inspection, or audit; or failure to promptly produce for the official conducting the site investigation, inspection, or audit any book, record, or document requested by the official. (6) Failure to provide adequate documentation of a legitimate business purpose involving the applicant’s or permittee’s use of any substance listed in subdivision (a) of Section 11100. (7) Commission of any act which would demonstrate actual or potential unfitness to hold a permit in light of the public safety and welfare, which act is substantially related to the qualifications, functions, or duties of a permitholder. (8) If any individual owner, manager, agent, representative, or employee for the applicant who has direct access, management, or control for any substance listed under subdivision (a) of Section 11100, willfully violates or has been convicted of violating, any federal, state, or local criminal statute, rule, or ordinance regulating the manufacture, maintenance, disposal, sale, transfer, or furnishing of any of those substances. (e) Notwithstanding any other provision of law, an investigation of an individual applicant’s qualifications, or the qualifications of an applicant’s owner, manager, agent, representative, or employee who has direct access, management, or control of any substance listed under subdivision (a) of Section 11100, for a permit may include review of his or her summary criminal history information pursuant to Sections 11105 and 13300 of the Penal Code, including, but not limited to, records of convictions, regardless of whether those convictions have been expunged pursuant to Section 1203.4 of the Penal Code, and any arrests pending adjudication. (f) The department may retain jurisdiction of a canceled or expired permit in order to proceed with any investigation or disciplinary action relating to a permittee. (g) The department may grant permits on forms prescribed by it, which shall be effective for not more than one year from the date of issuance and which shall not be transferable. Applications and permits shall be uniform throughout the state, on forms prescribed by the department. (h) Each applicant shall pay at the time of filing an application for a permit a fee determined by the department which shall not exceed the application processing costs of the department. (i) A permit granted pursuant to this article may be renewed one year from the date of issuance, and annually thereafter, following the timely filing of a complete renewal application with all supporting documents, the payment of a permit renewal fee not to exceed the application processing costs of the department, and a review of the application by the department. (j) Selling, transferring, or otherwise furnishing or obtaining any substance specified in subdivision (a) of Section 11100 without a permit is a misdemeanor or a felony. (k) (1) No person under 18 years of age shall be eligible for a permit under this section. (2) No business for which a permit has been issued shall employ a person under 18 years of age in the capacity of a manager, agent, or representative. (l) (1) An applicant, or an applicant’s employees who have direct access, management, or control of any substance listed under subdivision (a) of Section 11100, for an initial permit shall submit with the application one set of 10-print fingerprints for each individual acting in the capacity of an owner, manager, agent, or representative for the applicant, unless the applicant’s employees are exempted from this requirement by the Department of Justice. These exemptions may only be obtained upon the written request of the applicant. (2) In the event of subsequent changes in ownership, management, or employment, the permittee shall notify the department in writing within 15 calendar days of the changes, and shall submit one set of 10-print fingerprints for each individual not previously fingerprinted under this section. (Amended by Stats. 2005, Ch. 468, Sec. 6. Effective January 1, 2006.)
  154. 11106.5.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    The Department of Justice may issue interim orders suspending a permittee or imposing permit restrictions, but the section sets notice, hearing, filing, decision, and review deadlines.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11106.5. (a) The Department of Justice, or an administrative law judge sitting alone as provided in subdivision (h), may upon petition issue an interim order suspending any permittee or imposing permit restrictions. The petition shall include affidavits that demonstrate, to the satisfaction of the department, both of the following: (1) The permittee has engaged in acts or omissions constituting a violation of this code or has been convicted of a crime substantially related to the permitted activity. (2) Permitting the permittee to operate, or to continue to operate without restrictions, would endanger the public health, safety, or welfare. (b) No interim order provided for in this section shall be issued without notice to the permittee, unless it appears from the petition and supporting documents that serious injury would result to the public before the matter could be heard on notice. (c) Except as provided in subdivision (b), the permittee shall be given at least 15 days’ notice of the hearing on the petition for an interim order. The notice shall include documents submitted to the department in support of the petition. If the order was initially issued without notice as provided in subdivision (b), the permittee shall be entitled to a hearing on the petition within 20 days of the issuance of the interim order without notice. The permittee shall be given notice of the hearing within two days after issuance of the initial interim order, and shall receive all documents in support of the petition. The failure of the department to provide a hearing within 20 days following issuance of the interim order without notice, unless the permittee waives his or her right to the hearing, shall result in the dissolution of the interim order by operation of law. (d) At the hearing on the petition for an interim order, the permittee may do the following: (1) Be represented by counsel. (2) Have a record made of the proceedings, copies of which shall be available to the permittee upon payment of costs computed in accordance with the provisions for transcript costs for judicial review contained in Section 11523 of the Government Code. (3) Present affidavits and other documentary evidence. (4) Present oral argument. (e) The department, or an administrative law judge sitting alone as provided in subdivision (h), shall issue a decision on the petition for interim order within five business days following submission of the matter. The standard of proof required to obtain an interim order pursuant to this section shall be a preponderance of the evidence standard. If the interim order was previously issued without notice, the department shall determine whether the order shall remain in effect, be dissolved, or be modified. (f) The department shall file an accusation within 15 days of the issuance of an interim order. In the case of an interim order issued without notice, the time shall run from the date of the order issued after the noticed hearing. If the permittee files a notice of defense, the hearing shall be held within 30 days of the agency’s receipt of the notice of defense. A decision shall be rendered on the accusation no later than 30 days after submission of the matter. Failure to comply with any of the requirements in this subdivision shall dissolve the interim order by operation of law. (g) Interim orders shall be subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure and shall be heard only in the superior court in and for the County of Sacramento, San Francisco, Los Angeles, or San Diego. The review of an interim order shall be limited to a determination of whether the department abused its discretion in the issuance of the interim order. Abuse of discretion is established if the respondent department has not proceeded in the manner required by law, or if the court determines that the interim order is not supported by substantial evidence in light of the whole record. (h) The department may, in its sole discretion, delegate the hearing on any petition for an interim order to an administrative law judge in the Office of Administrative Hearings. If the department hears the noticed petition itself, an administrative law judge shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the department on matters of law. The department shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all of them to the administrative law judge. When the petition has been delegated to an administrative law judge, he or she shall sit alone and exercise all of the powers of the department relating to the conduct of the hearing. A decision issued by an administrative law judge sitting alone shall be final when it is filed with the department. If the administrative law judge issues an interim order without notice, he or she shall preside at the noticed hearing, unless unavailable, in which case another administrative law judge may hear the matter. The decision of the administrative law judge sitting alone on the petition for an interim order is final, subject only to judicial review in accordance with subdivision (g). (i) (1) Failure to comply with an interim order issued pursuant to subdivision (a) or (b) shall constitute a separate cause for disciplinary action against any permittee, and may be heard at, and as a part of, the noticed hearing provided for in subdivision (f). Allegations of noncompliance with the interim order may be filed at any time prior to the rendering of a decision on the accusation. Violation of the interim order is established upon proof that the permittee was on notice of the interim order and its terms, and that the order was in effect at the time of the violation. The finding of a violation of an interim order made at the hearing on the accusation shall be reviewed as a part of any review of a final decision of the department. (2) If the interim order issued by the department provides for anything less than a complete suspension of the permittee and the permittee violates the interim order prior to the hearing on the accusation provided for in subdivision (f), the department may, upon notice to the permittee and proof of violation, modify or expand the interim order. (j) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. A certified record of the conviction shall be conclusive evidence of the fact that the conviction occurred. The department may take action under this section notwithstanding the fact that an appeal of the conviction may be taken. (k) The interim orders provided for by this section shall be in addition to, and not a limitation on, the authority to seek injunctive relief provided in any other provision of law. (Amended by Stats. 2012, Ch. 867, Sec. 4. (SB 1144) Effective January 1, 2013.)
  155. 11106.7.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    The Department of Justice may create a citation system for permittees, with possible abatement orders or administrative fines, and permittees get notice and hearing/conference options.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11106.7. (a) The Department of Justice may establish, by regulation, a system for the issuance to a permittee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the Department of Justice, if the permittee is in violation of any provision of this chapter or any regulation adopted by the Department of Justice pursuant to this chapter. (b) The system shall contain the following provisions: (1) Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law or regulation of the department determined to have been violated. (2) Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation. (3) In no event shall the administrative fine assessed by the department exceed two thousand five hundred dollars ($2,500) for each violation. In assessing a fine, due consideration shall be given to the appropriateness of the amount of the fine with respect to such factors as the gravity of the violation, the good faith of the permittee, and the history of previous violations. (4) An order of abatement or a fine assessment issued pursuant to a citation shall inform the permittee that if the permittee desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the department within 30 days of the date of issuance of the citation or assessment. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (5) In addition to requesting a hearing, the permittee may, within 10 days after service of the citation, request in writing an opportunity for an informal conference with the department regarding the citation. At the conclusion of the informal conference, the department may affirm, modify, or dismiss the citation, including any fine levied or order of abatement issued. The decision shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement. However, the permittee does not waive its right to request a hearing to contest a citation by requesting an informal conference. If the citation is dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn. If the citation, including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If a hearing is requested for a subsequent citation, it shall be requested within 30 days of service of that subsequent citation. (6) Failure of a permittee to pay a fine within 30 days of the date of assessment or comply with an order of abatement within the fixed time, unless the citation is being appealed, may result in disciplinary action being taken by the department. If a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the renewal of the permit. A permit shall not be renewed without payment of the renewal fee and fine. (c) The system may contain the following provisions: (1) A citation may be issued without the assessment of an administrative fine. (2) Assessment of administrative fines may be limited to only particular violations of the law or department regulations. (d) Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure. (e) Administrative fines collected pursuant to this section shall be deposited in the General Fund. (f) The sanctions authorized under this section shall be separate from, and in addition to, any other administrative, civil, or criminal remedies; however, a criminal action may not be initiated for a specific offense if a citation has been issued pursuant to this section for that offense, and a citation may not be issued pursuant to this section for a specific offense if a criminal action for that offense has been filed. (g) Nothing in this section shall be deemed to prevent the department from serving and prosecuting an accusation to suspend or revoke a permit if grounds for that suspension or revocation exist. (Added by Stats. 2003, Ch. 142, Sec. 1. Effective January 1, 2004.)
  156. 111060.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This article does not change any earlier department authorization for a local health department to 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111060. This article shall not affect any previous authorization by the department to a local health department of a county, city, or city and county to enforce this part. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  157. 111065.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may adopt regulations for local health departments when needed to fully carry out this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11. Local Enforcement [111015 - 111065] ( Article 11 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111065. The department may adopt regulations relating to the operation of a local health department as it considers necessary to fully effect this article, including, but not limited to, requirements relating to reporting of activities and the numbers and qualification of personnel. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  158. 111067.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11.5. Local Enforcement: Live Food [111067 - 111068] ( Article 11.5 added by Stats. 2000, Ch. 1062, Sec. 2. )

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    Cities, counties, and city and county governments may adopt ordinances regulating the sale and disposition of imported bullfrogs and turtles for food in live animal markets.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11.5. Local Enforcement: Live Food [111067 - 111068] ( Article 11.5 added by Stats. 2000, Ch. 1062, Sec. 2. ) ## 111067. (a) Any city, county, or city and county may adopt an ordinance that provides for the regulation of the disposition of bullfrogs and turtles imported for sale in live animal markets for use as food. The ordinances may provide for all of the following: (1) The designation of a local agency to carry out this article. (2) Require a permit, issued by an agency designated by the city, county, or city and county to issue permits, for the sale of bullfrogs and turtles imported for sale in live animal markets for use as food. (3) Establish a fee for the permit in an amount determined sufficient to offset the administrative cost of issuing the permit and enforcing the provisions of the ordinance. (4) Require that animals sold pursuant to the permit be dispatched at the time of sale. (5) Require that signs be posted at the permittee’s place of business, stating that animals must be properly dispatched and that release into the wild in a live state is unlawful. (6) Authorize the local agency, after notice and opportunity for a hearing, to suspend or revoke a permit issued pursuant to paragraph (1) for violation of any provision of the ordinance adopted pursuant to this article. (b) The State Department of Health Services and the Department of Fish and Game may consult with a city, county, or city and county for purposes related to this article. (Added by Stats. 2000, Ch. 1062, Sec. 2. Effective January 1, 2001.)
  159. 111068.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11.5. Local Enforcement: Live Food [111067 - 111068] ( Article 11.5 added by Stats. 2000, Ch. 1062, Sec. 2. )

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    This section says the article does not limit or preempt state agencies, commissions, or other state entities from making regulations or taking actions they consider necessary and appropriate.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 11.5. Local Enforcement: Live Food [111067 - 111068] ( Article 11.5 added by Stats. 2000, Ch. 1062, Sec. 2. ) ## 111068. Nothing in this article is intended to limit or preempt the jurisdiction of any state agency or commission, or any other state entity, from adopting any regulation or taking any action it deems necessary and appropriate regardless of any local ordinance adopted pursuant to this article. (Added by Stats. 2000, Ch. 1062, Sec. 2. Effective January 1, 2001.)
  160. 11107.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    Sellers of certain laboratory and chemical goods over $100 must make and keep detailed sales records, and provide them to law enforcement or the Attorney General on request.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11107. (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state, any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, where the value of the goods sold in the transaction exceeds one hundred dollars ($100) shall do the following: (1) Notwithstanding any other law, in any face-to-face or will-call sale, the seller shall prepare a bill of sale which identifies the date of sale, cost of product, method of payment, specific items and quantities purchased, and the proper purchaser identification information, all of which shall be entered onto the bill of sale or a legible copy of the bill of sale, and shall also affix on the bill of sale his or her signature as witness to the purchase and identification of the purchaser. (A) For the purposes of this section, “proper purchaser identification” includes a valid motor vehicle operator’s license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, and the signature of the purchaser. (B) The seller shall retain the original bill of sale containing the purchaser identification information for five years in a readily presentable manner, and present the bill of sale containing the purchaser identification information upon demand by any law enforcement officer or authorized representative of the Attorney General. Copies of these bills of sale obtained by representatives of the Attorney General shall be maintained by the Department of Justice for a period of not less than five years. (2) (A) Notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information. (B) For the purposes of this paragraph, “valid identifying information” includes two or more of the following: federal tax identification number; resale tax identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; motor vehicle operator’s license; or other identification issued by a state. (C) The seller shall, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner. (D) If a common carrier is used, the seller shall maintain a manifest regarding the delivery in a readily presentable manner and for a period of five years. (b) This section shall not apply to any wholesaler who is licensed by the California State Board of Pharmacy and registered with the federal Drug Enforcement Administration of the United States Department of Justice and who sells laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian. (c) A violation of this section is a misdemeanor. (d) For the purposes of this section, the following terms have the following meanings: (1) “Laboratory glassware” includes, but is not limited to, condensers, flasks, separatory funnels, and beakers. (2) “Apparatus” includes, but is not limited to, heating mantles, ring stands, and rheostats. (3) “Chemical reagent” means a chemical that reacts chemically with one or more precursors, but does not become part of the finished product. (4) “Chemical solvent” means a chemical that does not react chemically with a precursor or reagent and does not become part of the finished product. A “chemical solvent” helps other chemicals mix, cools chemical reactions, and cleans the finished product. (Amended by Stats. 2012, Ch. 867, Sec. 5. (SB 1144) Effective January 1, 2013.)
  161. 11107.1.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    Sellers of listed chemicals must prepare and keep detailed sales records, and purchasers of listed items must keep purchase records and provide them on request.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11107.1. (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride shall do the following: (1) (A) Notwithstanding any other provision of law, in any face-to-face or will-call sale, the seller shall prepare a bill of sale which identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale or a legible copy of the bill of sale, and shall also affix on the bill of sale his or her signature as witness to the purchase and identification of the purchaser. (B) For the purposes of this paragraph, “proper purchaser identification” includes a valid driver’s license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the Environmental Protection Agency certification number or resale tax identification number assigned to the individual or business entity for which the individual is purchasing any chlorofluorocarbon product, and the signature of the purchaser. (C) The seller shall retain the original bill of sale containing the purchaser identification information for five years in a readily presentable manner, and present the bill of sale containing the purchaser identification information upon demand by any law enforcement officer or authorized representative of the Attorney General. Copies of these bills of sale obtained by representatives of the Attorney General shall be maintained by the Department of Justice for a period of not less than five years. (2) (A) Notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information. (B) For the purposes of this paragraph, “valid identifying information” includes two or more of the following: federal tax identification number; resale tax identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; driver’s license; or other identification issued by a state. (C) The seller shall, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner. (D) If a common carrier is used, the seller shall maintain a manifest regarding the delivery in a readily presentable manner for a period of five years. (b) Any manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in subdivision (a) of Section 11107.1 shall do the following: (1) Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased. (2) Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General. (c) (1) A first violation of this section is a misdemeanor. (2) Any person who has previously been convicted of a violation of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment. (Amended by Stats. 2012, Ch. 867, Sec. 6. (SB 1144) Effective January 1, 2013.)
  162. 11107.2.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    Certain sellers may not sell nonodorized butane to customers, except for listed transactions, and violations can trigger a $2,500 civil penalty.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11107.2. (a) Except as otherwise provided in subdivision (b), it is unlawful for a manufacturer, wholesaler, reseller, retailer, or other person or entity to sell to any customer any quantity of nonodorized butane. (b) The limitations in subdivisions (a) shall not apply to any of the following transactions: (1) Butane sold to manufacturers, wholesalers, resellers, or retailers solely for the purpose of resale. (2) Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a volatile solvent extraction activity licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code or a medical cannabis collective or cooperative described in subdivision (b) of Section 11362.775 of this code, operating in compliance with all applicable state licensing requirements and local regulations governing that type of business. (3) The sale of pocket lighters, utility lighters, grill lighters, torch lighters, butane gas appliances, refill canisters, gas cartridges, or other products that contain or use nonodorized butane and contain less than 150 milliliters of butane. (4) The sale of any product in which butane is used as an aerosol propellant. (c) (1) Any person or business that violates subdivision (a) is subject to a civil penalty of two thousand five hundred dollars ($2,500). (2) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section. (3) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel or district attorney, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered. (d) As used in this section, the following definitions shall apply: (1) “Customer” means any person or entity other than those described in paragraphs (1) and (2) of subdivision (b) that purchases or acquires nonodorized butane from a seller during a transaction. (2) “Nonodorized butane” means iso-butane, n-butane, butane, or a mixture of butane and propane of any power that may also use the words “refined,” “pure,” “purified,” “premium,” or “filtered,” to describe the butane or butane mixture, which does not contain ethyl mercaptan or a similar odorant. (3) “Sell” or “sale” means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration. (4) “Seller” means any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state. (e) This section shall become operative on July 1, 2019. (Added by Stats. 2018, Ch. 595, Sec. 1. (AB 3112) Effective January 1, 2019. Section operative July 1, 2019, by its own provisions.)
  163. 111070.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines bottled water, vended water, water-bottling plants, water-vending machines, water haulers, retail water facilities, private water sources, and bottled water distributors.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111070. (a) “Bottled water,” means any water that is placed in a sealed container at a water-bottling plant to be used for drinking, culinary, or other purposes involving a likelihood of the water being ingested by humans. Bottled water shall not include water packaged with the approval of the department for use in a public emergency. (b) “Vended water” means any water that is dispensed by a water-vending machine, retail water facility, or water from a private water source, or other water as defined in Section 111170 that is not placed by a bottler in sealed containers, and that is dispensed by a water-vending machine, retail water facility, water hauler, or any other person or facility for drinking, culinary, or other purposes involving a likelihood of the water being ingested by humans. “Vended water,” does not include water from a public water system that has not undergone additional treatment. Water sold without further treatment is not “vended water” and shall be labeled in accordance with Section 111170. (c) “Water-bottling plant” means any facility in which bottled water is produced. (d) A “water-vending machine” means a water-connected vending machine designed to dispense drinking water, or purified or other water products. The machines shall be designed to reduce or remove turbidity, off-tastes, and odors and to provide disinfection treatment. Processes for dissolved solids reduction or removal shall also be used. (e) “Water hauler,” means any person who hauls water in bulk by any means of transportation if the water is to be used for drinking, culinary, or other purposes involving a likelihood of the water being ingested by humans. “In bulk,” as used in this subdivision, means containers having capacities of 250 gallons or greater. (f) “Retail water facility” means any commercial establishment where vended water is sold, and placed in customer’s containers, or placed in containers sold or given to customers who come to the establishment to obtain water. (g) “Private water source,” means a privately owned source of water, other than a public water system, that is used for bottled or vended water and meets the requirements of an approved source for bottled water as defined in Section 129.3 of Title 21 of the Code of Federal Regulations. (h) “Bottled water distributor” means any person, other than an employee or representative of a bottled water plant, who delivers bottled water directly to customers. (Amended by Stats. 2007, Ch. 575, Sec. 2. Effective January 1, 2008.)
  164. 111070.5.

    ## 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A bottler of advanced purified demonstration water must submit labels and required analyses to the department before bottling, and must sanitize bottling and filling equipment immediately after bottling.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111070.5. (a) “Advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements: (1) The product water is treated by all of the following treatment processes: (A) Microfiltration, ultrafiltration, or other filtration process that removes particulates before reverse osmosis. (B) Reverse osmosis. (C) Advanced oxidation. (2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations. (b) A bottler of advanced purified demonstration water shall do all of the following: (1) Submit sample labels to the department for review at least 30 days before bottling advanced purified demonstration water. (2) Submit the analyses of the advanced purified demonstration water required under subdivision (e) of Section 13570 of the Water Code to the department at least seven days before bottling advanced purified demonstration water. (3) Conduct a full sanitation of the bottling and filling equipment immediately after bottling advanced purified demonstration water. (Amended by Stats. 2017, Ch. 561, Sec. 132. (AB 1516) Effective January 1, 2018.)
  165. 111071.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Bottled water plants must prepare an annual bottled water report and give it to customers on request, and the report must contain specified disclosures.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111071. (a) As a condition of licensure, each bottled water plant, which has the same meaning as the definition in subdivision (c) of Section 111070, shall annually prepare a bottled water report and shall, upon request, make that report available to each customer. (b) The report shall be prepared in English, Spanish, and in the appropriate languages for each non-English-speaking group other than Spanish that exceeds 10 percent of the state’s population. (c) For purposes of complying with this section, when bottled water comes from a municipal source, the relevant information from the consumer confidence report or water quality report prepared for that year by the public water system pursuant to Section 116470 may be used. (d) The bottled water report shall include, but not be limited to, all of the following: (1) The source of the bottled water, consistent with applicable state and federal regulations. (2) A brief and plainly worded definition of the terms “statement of quality,” “maximum contaminant level,” “primary drinking water standard,” and “public health goal.” (3) A brief description of the treatment process. (4) A reference to the United States Food and Drug Administration Internet Web site that provides product recall information. (5) The bottled water company’s address and telephone number that enables customers to obtain further information concerning contaminants and potential health effects. (6) Information on the levels of unregulated substances, if any, for which water bottlers are required to monitor pursuant to state or federal law or regulation. (7) (A) The following statement: “Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the United States Food and Drug Administration, Food and Cosmetic Hotline (1-888-723-3366).” (B) If the telephone number for the United States Food and Drug Administration, Food and Cosmetic Hotline changes, the statement shall be updated to reflect the new telephone number. (8) The following statement: “Some persons may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons, including, but not limited to, persons with cancer who are undergoing chemotherapy, persons who have undergone organ transplants, persons with HIV/AIDS or other immune system disorders, some elderly persons, and infants can be particularly at risk from infections. These persons should seek advice about drinking water from their health care providers. The United States Environmental Protection Agency and the federal Centers for Disease Control and Prevention guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).” (9) The following statement: “The sources of bottled water include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water naturally travels over the surface of the land or through the ground, it can pick up naturally occurring substances as well as substances that are present due to animal and human activity. Substances that may be present in the source water include any of the following: (1) Inorganic substances, including, but not limited to, salts and metals, that can be naturally occurring or result from farming, urban stormwater runoff, industrial or domestic wastewater discharges, or oil and gas production. (2) Pesticides and herbicides that may come from a variety of sources, including, but not limited to, agriculture, urban stormwater runoff, and residential uses. (3) Organic substances that are byproducts of industrial processes and petroleum production and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems. (4) Microbial organisms that may come from wildlife, agricultural livestock operations, sewage treatment plants, and septic systems. (5) Substances with radioactive properties that can be naturally occurring or be the result of oil and gas production and mining activities.” (10) The following statement: “In order to ensure that bottled water is safe to drink, the United States Food and Drug Administration and the State Department of Public Health prescribe regulations that limit the amount of certain contaminants in water provided by bottled water companies.” (11) (A) The following statement, if nitrate (NO3) levels above 23 ppm but below 45 ppm (the maximum contaminant level for nitrate (NO3)) are detected: “Nitrate in drinking water at levels above 45 mg/L is a health risk for infants of less than six months of age. These nitrate levels in drinking water can interfere with the capacity of the infant’s blood to carry oxygen, resulting in a serious illness. Symptoms include shortness of breath and blueness of the skin. Nitrate levels above 45 mg/L may also affect the ability of the blood to carry oxygen in other individuals, including, but not limited to, pregnant women and those with certain specific enzyme deficiencies. If you are caring for an infant, or you are pregnant, you should ask advice from your health care provider.” (B) If the nitrate disclosure requirements for municipal water suppliers are revised by the State Department of Public Health, this statement shall be updated to reflect the revision. (12) (A) The following statement, if arsenic levels above 5 ppb, but below 10 ppb (the maximum contaminant level for arsenic), are detected: “Arsenic levels above 5 ppb and up to 10 ppb are present in your drinking water. While your drinking water meets the current EPA standard for arsenic, it does contain low levels of arsenic. The standard balances the current understanding of arsenic’s possible health effects against the costs of removing arsenic from drinking water. The State Department of Public Health continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects, including, but not limited to, skin damage and circulatory problems.” (B) If the arsenic disclosure requirements for municipal water suppliers are revised by the State Department of Public Health, this statement shall be updated to reflect the revision. (13) A full disclosure of any exemption or variance that has been granted to the bottler by the State Department of Public Health, including an explanation of reasons for each exemption or variance and the date of the exemption or variance. (Amended by Stats. 2008, Ch. 179, Sec. 155. Effective January 1, 2009.)
  166. 111075.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    People handling bottled or vended water must follow specified good manufacturing and sanitation rules, including treatment, cleanliness checks, and separation from nonfood equipment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111075. (a) Any person who processes, packages, distributes, transfers, or stores bottled water or vended water shall comply with the good manufacturing practices described in Part 129 of Title 21 of the Code of Federal Regulations. (b) Prior to bottling or vending water, the water shall be subjected to filtration and effective germicidal treatment by ozone, ultraviolet, carbon dioxide, or an equivalent disinfection process approved by the department, except that the requirements for filtration and germicidal treatment shall not apply to mineral water as defined in and from a source that is subject to the council directive of the European Economic Community pertaining to natural mineral waters, dated July 15, 1980, or that is subject to any other natural mineral water standard in the country of origin that prohibits filtration and germicidal treatment, so long as both of the following conditions are met: (1) The source and product are certified by the responsible authority in the country of origin as complying with microbiological standards at least equal to the standards of this article. (2) The product complies with microbiological standards of this article. (c) Bottled or vended water that originates from a surface water source that is not protected from surface contamination shall be subjected to ozonation, filtration, or another effective process that removes or destroys the cysts of the parasite Giardia lamblia. For the purposes of this section, a spring house, catchment basin, storage tank, or bore hole adjacent to a natural spring water source as defined in paragraphs (3) and (8) of subdivision (e) of Section 111170, is not a surface water source. (d) Ollas or other water-holding dispensers, both refrigerated and nonrefrigerated, water-vending machines, and water dispensers in retail water facilities, shall be examined for cleanliness each time they are serviced by the distributor, bottler, retail water facility, or water-vending machine operator. When necessary, these dispensers shall be sanitized according to the methods described in Part 129 of Title 21 of the Code of Federal Regulations. (e) Sanitary operations, equipment procedures, and process controls used in the treatment, storage, transport, or dispensing of water at a retail water facility shall comply with the good manufacturing practices described in the following provisions of Part 129 of Title 21 of the Code of Federal Regulations: subdivisions (a) to (c), inclusive, of Section 129.37; Section 129.40; and subdivisions (a), (c), (d), and (h) of Section 129.80. (f) Sanitary operations, equipment, procedures, and process controls used in the treatment, storage, transfer, transport, or dispensing of water by water haulers, shall comply with the good manufacturing practices described in the following provisions of Part 129 of Title 21 of the Code of Federal Regulations: subdivisions (a) and (b) of Section 129.37; Section 129.40; and subdivisions (a), (c), (d), and (h) of Section 129.89. (g) The design and construction of wells, bore holes, catchment basins, spring houses, storage tanks, or other water-contact equipment used by private water sources shall comply with the requirements of the local regulatory authority. Sanitary operations, equipment procedures, and transfer controls used in the treatment, storage, transfer, or dispensing of water by private water source operators shall comply with the good manufacturing practices described in the following provisions of Part 129 of Title 21 of the Code of Federal Regulations: subdivision (a) of Section 129.37; Section 129.40; and subdivisions (a), (c), (d), (g), and (h) of Section 129.80. (h) Bottled water may be processed through lines used also for other food products under the following conditions: (1) Process lines, including storage tanks and associated equipment, shall be used exclusively for the production of bottled water, except for filling equipment, that may be used also for filling other food products. (2) Before being used for the bottling of water, filling equipment that is designed to be cleaned in-place and that is used for filling other food products shall be thoroughly cleansed and sanitized in-place in accordance with the manufacturer’s specifications and in compliance with Section 129.80 of Title 21 of the Code of Federal Regulations and the supplementary procedures that follow in paragraphs (3) to (7), inclusive, of this section. (3) Immediately following completion of filling operations for any other food product other than water, the filler shall be thoroughly rinsed internally and externally with potable water. (4) In accordance with filler manufacturer’s instructions, any parts that are not designed to be cleaned in-place shall be disassembled and removed. All of these parts shall be cleansed and sanitized prior to reassembly using appropriate cleansing and sanitizing procedures, as specified in subdivisions (c) and (d) of Section 129.80 of Title 21 of the Code of Federal Regulations. (5) All surfaces of the filler that do not contact food products shall be cleaned manually so as to render all surfaces clean and free of any residues. (6) The filler shall be prepared and all appropriate connections made in accordance with the filler manufacturer’s instructions to place the filler in the clean-in-place mode. The following procedures shall be followed: (A) An alkaline cleaning solution of appropriate strength shall be recirculated through the filler to provide effective cleaning of all product contact surfaces, with a minimum recirculation time of 20 minutes at a temperature between 140 and 170 degrees Fahrenheit. (B) The cleaning solution shall be drained and followed with a potable water rinse-to-drain for the removal of all residual cleaner alkalinity. This step may be supplemented by the application of an acidified rinse prior to the potable water rinse in order to neutralize any residual alkalinity on product contact surfaces. (7) Following reassembly of all parts to place the filler into the product mode and just prior to bottling water, the filler shall be sanitized in-place in accordance with procedures specified in subdivision (d) of Section 129.80 of Title 21 of the Code of Federal Regulations. (8) Any alternate cleaning, rinsing, or sanitizing operations or processes not described in this section shall be approved in writing by the department. (i) Bottled water and bulk waters sold at retail shall not contact equipment, lines, tanks, or vehicles used for processing, packaging, holding, or hauling of any nonfood product. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  167. 111080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Bottled water and vended water must meet specified quality and labeling standards, including federal standards and contamination limits.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111080. The quality and labeling standards requirements for bottled water and vended water, including mineral water, shall include all standards prescribed by Section 165.110 of Title 21 of the Code of Federal Regulations. In addition, bottled water and vended water, when bottled, shall comply with the following quality standards and any additional quality standards adopted by regulation that the department determines are reasonably necessary to protect the public health: (a) Bottled water and vended water shall meet all maximum contaminant levels set for public drinking water that the department determines are necessary or appropriate so that bottled water may present no adverse effect on public health. New or revised allowable levels or monitoring provisions adopted for bottled water by the United States Food and Drug Administration under the federal Food, Drug and Cosmetic Act that are more stringent than the state requirements for bottled water are incorporated into this chapter and are effective on the date established by the federal provisions unless otherwise established by regulations of the department. (b) Bottled and vended water shall not exceed 10 parts per billion of total trihalomethanes or five parts per billion of lead unless the department establishes a lower level by regulation. (c) Bottled and vended water shall contain no chemicals in concentrations that the United States Food and Drug Administration or the state department has determined may have an adverse effect on public health. (Amended by Stats. 2006, Ch. 538, Sec. 425. Effective January 1, 2007.)
  168. 111085.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Polycarbonate resins made after January 1, 1988 for water-product containers must stay below specified residual chemical limits, unless the department sets a lower regulatory level.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111085. Polycarbonate resins manufactured after January 1, 1988, and intended for use in fabricating containers for water products defined in this article shall not contain in excess of three parts per million residual methylene chloride or in excess of 200 parts per million residual monochlorobenzene unless the department establishes a lower level by regulation. For the purpose of monitoring compliance with this section, the concentration of methylene chloride and monochlorobenzene shall not exceed one part per billion in water. “Polycarbonate resins” means the substances defined by Section 177.1580 of Title 21 of the Code of Federal Regulations except as modified by this section. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  169. 111090.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Owners or operators of water-vending machines must meet design, construction, sanitation, monitoring, and water-quality 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111090. Any owner or operator of a water-vending machine or other device from which any operator or customer dispenses vended water shall comply with the following standards of design, construction and sanitation and any additional standards adopted by regulation that the department determines are reasonably necessary to protect the public health. The water-vending machines or devices shall do all of the following: (a) Comply with the construction and performance standards established by the department or by an independent authority approved by the department. (b) Be designed and constructed to permit easy cleaning and maintenance of all exterior and interior surfaces. (c) Have all parts and surfaces that come into contact with the water constructed of approved, corrosive-resistant and nonabsorbent material capable of withstanding repeated cleaning and sanitizing treatment. (d) Have a recessed or guarded corrosion-resistant dispensing spout. (e) Be designed so that all treatment of the vended water by distillation, ion exchange, filtration, ultraviolet light, reverse osmosis, mineral addition, or any other acceptable process is done in an effective manner. (f) Have an effective system of handling drip, spillage, and overflow of water. (g) Have a backflow prevention device approved by the department for all connections with the water supply. (h) Dispense water disinfected by ultraviolet light or other method approved by the department prior to delivery into the customer’s container. (i) Be equipped with monitoring devices designed to shutdown operation of the machine when the disinfection unit fails to function, or shall be monitored daily at startup and manually shutdown whenever the unit fails to function. (j) Be equipped with a self-closing, tight-fitting door on the vending compartment, or enclosing the vending spout to protect the vending spout when the water-vending machine is not in use. As an alternative, water-vending machines or other water-dispensing devices may be enclosed in a room with tight-fitting walls, ceilings, and one of the following: a self-closing door, an effective air screen device, or an alternative effective device approved by the department. (k) Comply with the American Water Works Association (AWWA) specifications for granular activated carbon if used in the treatment of potable water (AWWA B604-74). ( l) Be maintained in a clean and sanitary condition, free from dirt and vermin. (m) Use a state approved and regulated public water supply or private water source. (n) Be located in an area that can be maintained in a clean condition and in a manner that avoids insect and rodent harborage. (o) Be equipped with monitoring devices designed to shut down the labeled purified water delivery system if treatment of water by the machine does not result in a total dissolved solids content of less than 10 milligrams per liter in the purified water. Alternatively, machines shall be monitored daily at startup and manually shutdown whenever the total dissolved solids content exceeds 10 milligrams per liter in the purified water. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  170. 111095.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    It is unlawful to operate certain bottled water, vending, retail, or private water facilities if they violate the article’s minimum health standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111095. It shall be unlawful to operate a bottled plant water plant, water-vending machine, retail water facility, or private water source in violation of the minimum health standards of this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  171. 11110.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

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    It is an infraction to willfully and knowingly supply dextromethorphan-containing products to a person under 18 in an over-the-counter sale without a prescription, with a fine up to $250.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11110. (a) It shall be an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250), for any person, corporation, or retail distributor to willfully and knowingly supply, deliver, or give possession of a drug, material, compound, mixture, preparation, or substance containing any quantity of dextromethorphan (the dextrorotatory isomer of 3-methoxy-N-methylmorphinan, including its salts, but not including its racemic or levorotatory forms) to a person under 18 years of age in an over-the-counter sale without a prescription. (b) It shall be prima facie evidence of a violation of this section if the person, corporation, or retail distributor making the sale does not require and obtain bona fide evidence of majority and identity from the purchaser, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be 25 years of age or older. (c) Proof that a person, corporation, or retail distributor, or his or her agent or employee, demanded, was shown, and acted in reasonable reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this section. As used in this section, “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the Armed Forces, or other form of identification that bears the name, date of birth, description, and picture of the person. (d) (1) Notwithstanding any other provision of this section, a retail clerk who fails to require and obtain proof of age from the purchaser shall not be guilty of an infraction pursuant to subdivision (a) or subject to any civil penalties. (2) This subdivision shall not apply to a retail clerk who is a willful participant in an ongoing criminal conspiracy to violate this section. (Added by Stats. 2011, Ch. 199, Sec. 1. (SB 514) Effective January 1, 2012.)
  172. 111100.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person must not operate a water vending machine in this state unless it meets the article’s minimum design, construction, and sanitation standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111100. It is unlawful for any person to operate a water vending machine in this state that does not satisfy the minimum standards prescribed by this article for the design, construction, and sanitation of water-vending machines. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  173. 111105.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may authorize a local health officer, if requested, to implement and enforce certain water-related provisions, subject to department-specified terms and 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111105. The department, upon the request of a local health officer, may authorize the local health officer to implement and enforce those provisions of this article that relate to water-vending machines, retail water facilities, and water haulers under the terms and conditions specified by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  174. 11111.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. )

    Verify source ↗

    Retail sellers of dextromethorphan products sold over the counter without a prescription must, if feasible, use an age-verification cash register and direct the clerk to request proof of age and identity before purchase.

    ## Health and Safety Code - HSC ## DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651] ( Division 10 repealed and added by Stats. 1972, Ch. 1407. ) ## CHAPTER 3. Regulation and Control [11100 - 11111] ( Chapter 3 added by Stats. 1972, Ch. 1407. ) ## ARTICLE 1. Reporting [11100 - 11111] ( Article 1 added by Stats. 1972, Ch. 1407. ) ## 11111. A person, corporation, or retail distributor that sells or makes available products containing dextromethorphan, as defined in subdivision (a) of Section 11110, in an over-the-counter sale without a prescription shall, if feasible, use a cash register that is equipped with an age-verification feature to monitor age-restricted items. The cash register shall be programmed to direct the retail clerk making the sale to request bona fide evidence of majority and identity, as described in subdivision (c) of Section 11110, before a product containing dextromethorphan may be purchased. (Added by Stats. 2011, Ch. 199, Sec. 2. (SB 514) Effective January 1, 2012.)
  175. 111110.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Water-vending machines used in this state must meet at least the minimum standards adopted by the 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111110. No water-vending machine shall be used in this state that does not at least satisfy the minimum standards adopted by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  176. 111115.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Water vending and related facilities must be kept clean and sanitary, records must be retained and shared on request, and the department can inspect, reinspect, embargo, and fine 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111115. (a) Each water-vending machine, retail water treatment plant, water hauler vehicle and facility, and private water source shall be maintained in a clean and sanitary condition at all times. (b) (1) The department shall require that water-vending machines be cleaned, serviced, and sanitized in accordance with the manufacturer’s specifications, but at least once every 31 days. (2) Inspection records shall be kept for every visit made by either the operator or the maintenance personnel pursuant to this subdivision. These records shall show the date and time of the visit, any tests performed, any maintenance performed, and the signature or electronic signature of the operator or maintenance personnel. The records shall be kept by the owner of the water-vending machine for a minimum of two years and shall be made available to the department upon request. (c) A record of any consumer complaints shall be kept on file with the owner of the water-vending machine for a minimum of two years, and shall be made available to the department upon request. (d) If the department determines that there is a violation of this article, the department may do either or both of the following: (1) Embargo the machine pursuant to Section 111860. (2) Impose a fine, as determined appropriate by the department. (e) (1) The department shall, annually, conduct inspections of not less than 20 percent of the licensed water-vending machines in the state and shall include both rural and urban counties. The selection of these machines shall be dependent on the state of the machine and the quality of the water source, and any other factors as determined by the department. (2) The department may perform, within 12 months of the initial violation, one or more reinspections of each water-vending machine or water retailer that is found to be in violation of this section as necessary to prevent repeated or continuing violations. The department shall charge a fee to the owner to cover the costs of performing the reinspections. The fee shall not exceed the full cost of performing the reinspections up to a maximum of one hundred dollars ($100) per hour. (f) Subdivisions (b) to (e), inclusive, shall become operative January 1, 2009. (Amended by Stats. 2007, Ch. 575, Sec. 4. Effective January 1, 2008. Subds. (b) to (e) are operative January 1, 2009, by subd. (f).)
  177. 111120.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Most water-bottling, water-distribution, water-vending, retail water, and water-hauling activity must be licensed or permitted, and adulterated or misbranded water may not be sold or distributed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111120. (a) No person shall operate a water-bottling plant, a private water source, or be a bottled water distributor in this state except pursuant to a license issued by the department. If a person has a valid water-bottling plant license issued by the department, additional license fees for a private water source operator, a retail water facility, a water hauler, or a bottled water distributor based and operating at the same address, shall not be required. (b) No person shall own or operate a water-vending machine or a retail water facility or be a water hauler, except pursuant to a license issued by the department or to a permit issued by a local health department. (c) It shall be unlawful for any person to bottle, collect, treat, hold, distribute, haul, vend, or sell bottled water, vended water, operate a retail water facility, or operate a private water source without the license as required by this article. Any bottled water or vended water dispensed by a retail water facility or a private water source that is not licensed in compliance with this article is misbranded and may be embargoed pursuant to subdivision (e) of Section 111120. (d) It shall be unlawful for a water bottler, distributor, vendor, retail water facility operator, or private water source operator to sell or otherwise distribute water that is adulterated, as defined in Section 110445, 110545, 110560, or 110565, or that is misbranded as defined in Article 6 (commencing with Section 110660) of Chapter 5. (e) For the purposes of enforcing this section, water may be embargoed pursuant to Section 111860 in its immediate container, well, spring, spring vault, holding tank, water hauling vehicle, retail water treatment system, spigot, or pipe if there is reasonable cause to believe that it is adulterated. (f) Any retail water facility, water vendor, or water hauler that violates this article may be subjected to the same penalty and enforcement procedure provided for violation of this article by a water bottling facility. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  178. 111125.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Bottled water made in an out-of-state bottling plant cannot be sold or distributed in this state unless the out-of-state bottler or the distributor has first obtained the required license.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111125. No bottled water produced in an out-of-state bottling plant shall be sold or distributed within this state unless either the out-of-state bottler or the distributor shall have first obtained a bottler’s or distributor’s license. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  179. 111130.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must charge license fees, and several water businesses must apply for licenses annually and provide required machine-location 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111130. (a) The department shall charge and collect a fee for each license application submitted in accordance with the fee schedule in Table 1, that shall be an amount reasonably necessary to produce sufficient revenue to enforce this article. The fees collected shall be adjusted annually as required by Section 100425. New applicants for a water bottling plant license shall pay Category 2 fees for the first license year. (b) The water-bottling plant and bottled water distributor categories shall be determined by dividing by 52 the number of gallons produced or shipped into California during the previous year. If the result is an average of 5,000 gallons or less per week, the firm is Category 1. If the average exceeds 5,000 gallons per week, the firm is Category 2. Table 1 License Fees License Class Annual Fee Water-Bottling Plant Category 1 $ 310 Category 2 875 Water-Vending Machine 40 Water Hauler 310 Retail Water Facility 310 Private Water Source Operator 310 Bottled Water Distributor 310 (c) The owners or operators of each water-bottling plant, retail water facility, private water source, each water hauler in California and bottlers or distributors of water bottled out-of-state shall make application for a license on forms provided by the department. Applications and license fees shall be submitted annually. Applicants shall provide to the department, in electronic format, the serial number of each machine, and the street address, city, ZIP Code, and county where the machine is located. (d) Each water-vending machine owner or operator shall make application annually for a license for all machines on forms provided by the department. A decal or seal provided by the department indicating a license fee has been paid shall be affixed in a prominent place to each water-vending machine in service. The duty to display the decal or seal shall apply only on and after the decal has been received by the operator. (Amended by Stats. 2007, Ch. 575, Sec. 5. Effective January 1, 2008.)
  180. 111135.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may deny a license application or revoke or suspend a license for cause, and must give the person written notice with specific reasons.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111135. The department may deny any license application or revoke or suspend any license issued for cause. The department shall inform the person of any denial, revocation, or suspension in writing, stating with particularity reasons for the denial, revocation, or suspension. “Cause,” as used in this section, means a violation of any provision of this chapter or any regulation adopted pursuant thereto. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  181. 111140.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must charge and collect a $300 fee for each required evaluation tied to issuing a new license for a water-vending machine model or a retail water 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111140. The department shall charge and collect a fee for each department evaluation required to issue a new license for a water-vending machine model or a retail water facility to determine compliance with standards established by this article. The fee shall be three hundred dollars ($300) and shall be adjusted annually as required by Section 100425. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  182. 111145.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must require certain bottled water and water-vending businesses to test their water, and certain products must be sampled, analyzed, and reported on a set schedule.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111145. (a) The department shall require each bottler, distributor, or vendor of bottled water, each owner or operator of any water-vending machine, each water hauler, each retail water facility operator, each private water source operator, and each applicant for a license, to test for all substances necessary to establish conformance to standards adopted pursuant to Section 111080 at the times and frequencies the department may reasonably establish. (b) Each product dispensed by a water-vending machine or a retail water facility shall be sampled and analyzed for coliform bacteria at least once every six months. The analysis shall be submitted to the department indicating whether the water is pure and wholesome. Analysis of vended water or water from retail water facilities shall be submitted to the local health officers if the local health officers are authorized by the department pursuant to subdivision (b) of Section 111105. (c) Purified waters from retail water facilities shall be analyzed by the operator for dissolved solids by conductivity measurement not less frequently than once every seven days. (d) Purified water from vending machines shall be analyzed by the operator for the dissolved solids by conductivity measurement each time the vending machine is serviced. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  183. 111150.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Water bottlers, water vendors, and retail water facilities must monitor source water annually for certain volatile organic compounds, and if a compound is found they must start periodic monitoring and treat it until concentrations fall below specified limits.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111150. (a) All sources of bottled water, vended water, and water dispensed by a retail water facility shall be monitored annually for the presence of volatile organic compounds of potential public health concern, as specified by the United States Environmental Protection Agency in Tables 2 and 14 contained in Volume 50 of the Federal Register on pages 46904, 46923, and 46924 on November 13, 1985, or as reasonably specified by the department as a condition of licensure. (b) In lieu of source water monitoring required by this section, a water bottler, water vendor, or a retail water facility may document that the source monitoring required by this section is conducted by another entity approved by the department, or may comply with the treatment requirements of subdivision (c). (c) Detection in the source water of a volatile organic compound, except trihalomethanes, for which source monitoring is required pursuant to this section shall be followed immediately by a program of periodic monitoring by the water bottler, water vendor, or retail water facility to confirm the presence or absence in the source water of the volatile organic compound. If the volatile organic compound is confirmed to be present in the source water it shall be treated using granular activated carbon treatment or an equivalent treatment operated in accordance with good manufacturing practices as provided in Section 129.80 of Title 21 of the Code of Federal Regulations until the time that the concentration of the volatile organic compound does not exceed either one part per billion, or any United States Environmental Protection Agency or United States Food and Drug Administration level for drinking water, or a maximum contaminant level established by the department for bottled water. (d) The department may exempt any water bottler, water vendor, or retail water facility from the monitoring requirements of this section for any source based on a showing satisfactory to the department that the source (1) does not contain the volatile organic compound for which monitoring is required and (2) is not vulnerable to contamination by the volatile organic compound because for surface water sources the compounds are not applied, manufactured, stored, disposed or shipped upstream, and for groundwater sources, the compounds are not applied, manufactured, stored, disposed, or shipped in the groundwater recharge basin. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  184. 111155.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may require certain bottled-water and water-supply businesses, and license applicants, to test for substances and submit results when it believes a substance may be present and threaten public health.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111155. Notwithstanding any other provisions of this article, the department may require any bottler, distributor, or vendor of bottled water, any owner or operator of a water-vending machine, any water hauler, any retail water facility operator, any private water source operator, or any applicant for a license to test and submit results to the department for any substance, including organic chemical contaminants, at any time that the department believes the substance may be present in the water source and threaten the public health. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  185. 111160.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must notify certain bottled-water and water-source operators if a water source may be contaminated, and those operators must analyze the water source and report the results within 90 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111160. (a) Upon a determination by the department that a particular water source is subject to potential contamination, the department shall notify the bottler, distributor, or vendor of bottled water, the owner and operator of any water-vending machine, any water hauler, any retail water facility operator, or any private water source operator of the specific contaminants or class of contaminants that pose a potential health risk. (b) Within 90 days after notification by the department, the bottler, distributor, vendor of bottled water, the owner and operator of any water-vending machine, any water hauler, any retail water facility operator, or any private water source operator shall conduct an analysis of the water source and submit the results of the analysis to the department. (c) If evidence of contamination is found, the department may, by order, require the bottler, distributor, vendor of bottled water, or the owner and operator of any water-vending machine, any water hauler, any retail water facility operator, or any private water source operator to conduct a source and product water analysis for the contaminants of concern in accordance with conditions specified by the department. The water analysis shall be conducted and reported on an annual basis, unless the department finds that reasonable action requires either more frequent or less frequent analysis. (d) The department may, by order, require the bottler, distributor, vendor of bottled water, the owner and operator of any water-vending machine, any water hauler, any retail water facility operator, or any private water source operator to reduce or eliminate the concentration of any chemical that the department determines may have an adverse effect on public health. Until an enforceable standard has been established for a chemical that may have an adverse effect on human health, the department may require treatment techniques to reduce the concentration of the contaminants that require treatment, in the department’s judgment, to prevent known or anticipated adverse effects on the health of persons. The treatment system shall be designed to meet criteria designated by the department or by an independent authority approved by the department. (e) The department may grant variances from the requirements of subdivision (d), if the bottler, distributor, vendor of bottled water, the owner and operator of any water-vending machine, any water hauler, any retail water facility operator, or any private water source operator demonstrates either of the following: (1) That the prescribed treatment technique is not necessary to protect the health of consumers because its water source is not subject to, nor is it likely to be subject to, significant chemical contamination. (2) An alternative treatment technique is at least as efficient in lowering the level of contaminants to be controlled. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  186. 111165.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Testing of specified bottled and distributed water must be done by approved or certified laboratories.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111165. All testing of bottled water, bottled water sources, water distributed by water haulers, water from retail water facility, and water from vending machines shall be done by laboratories approved by the department, laboratories certified by the United States Environmental Protection Agency, laboratories certified by the primary enforcement authority in states that have been granted primacy by the United States Environmental Protection Agency, or laboratories certified (accredited) by a third-party organization acceptable to a primacy state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  187. 111170.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Bottled water and vended water must be labeled and advertised according to this section, related California code provisions, and certain federal 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111170. (a) Labeling and advertising of bottled water and vended water shall conform with this section, Chapter 4 (commencing with Section 110290), and applicable portions of Part 101 of Title 21 of the Code of Federal Regulations. (b) Each container of bottled water sold in this state, each water-vending machine, and each container provided by retail water facilities located in this state shall be clearly labeled in an easily readable format. Retail water facilities that do not provide labeled containers shall post, in a location readily visible to consumers, a sign conveying required label information. (c) Water-vending machines, retail water facilities, and private water sources that sell water at retail shall display in a position clearly visible to customers the following information: (1) The name and address of the operator. (2) The fact that the water is obtained from an approved public water supply or licensed private water source. (3) A statement describing the treatment process used. (4) If no treatment process is utilized, a statement to that effect. (5) A toll-free telephone number or a local telephone number within the area code in which the machine is located that may be called for further information, service, or complaints, and the toll-free telephone number of the department’s food and drug branch that may be called for complaints or questions. (6) A sign or label indicating the date on which the water-vending machine was last sanitized and serviced by the operator or maintenance personnel as required pursuant to paragraph (1) of subdivision (b) of Section 111115. (7) A notice to consumers listing the industry’s recommendations for the type and condition of container suitable for use with the water-vending machine. (8) A valid decal or seal received from the department indicating that a license fee has been paid and a license issued for the water-vending machine as set forth in subdivision (d) of Section 111130. (d) The information required pursuant to subdivision (c) shall be displayed in both English and Spanish. (e) Bottled water may be labeled “drinking water,” notwithstanding the source or characteristics of the water, only if it is processed pursuant to the Food and Drug Administration Good Manufacturing Practices contained in Section 165.110 and Parts 110 and 129 of Title 21 of the Code of Federal Regulations, Sections 12235 to 12285, inclusive, of Title 17 of the California Code of Regulations, and any other requirements established by the department pursuant to Sections 111145, 111150, and 111155. Any vended water and any water from a retail water facility may be labeled “drinking water,” notwithstanding the source or characteristics of the water, only if it is processed pursuant to Article 10 (commencing with Section 114200) of Chapter 4 of Part 7 and any other requirements established by the department pursuant to Sections 111145, 111150, and 111155. (f) Each container of bottled water sold at retail or wholesale in this state in a beverage container shall include on its label, or on an additional label affixed to the bottle, or on a package insert or attachment, all the following: (1) The name and contact information for the bottler or brand owner. (2) The source of the bottled water, in compliance with applicable state and federal regulations. (3) A clear and conspicuous statement that informs consumers about how to access water quality information contained in the bottled water report required by Section 111071. (A) The statement shall contain all of the following: (i) It shall include the term “water quality and information” appropriately, while informing customers about methods of gaining access to the full bottled water report. (ii) It shall provide a telephone number, where information can be requested from the bottled water company and one other means of contact for the bottled water company, including, but not limited to, a mailing address, e-mail address, or the bottled water company’s Web site. (B) The following statement may be used to fulfill the requirements of this paragraph: “For more information and to obtain additional consumer information relating to water quality, including a bottled water report, contact [name of bottled water company] at [telephone number or toll-free telephone number] and [at least one of the following: mailing address, e-mail address, or the bottled water company’s Web site].” (g) Bottlers that distribute bottled or vended water directly to consumers shall provide a statement on each billing statement that includes both of the following: (1) A telephone number and mailing address of the bottler or brand owner. (2) The means by which a consumer may obtain consumer information relating to water quality, including a bottled water report, as described in Section 111071. (h) Amendments made to this section by SB 220 of the 2007–08 Regular Session shall only apply to bottled water that was bottled on or after January 1, 2009. (Amended by Stats. 2007, Ch. 575, Sec. 6. Effective January 1, 2008. Operative January 1, 2009, by Sec. 8 of Ch. 575.)
  188. 111172.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Bottled water sold in nonreturnable packages in this state must have a label showing either a telephone number or a mailing address for the bottler or brand owner.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111172. (a) The labeling on bottled water sold in nonreturnable (one-way) packages in this state shall include one of the following: (1) A telephone number of the bottler or brand owner. (2) The bottler’s or brand owner’s mailing address. (b) Bottlers or brand owners may also include other forms of contact, including, but not limited to, the bottler’s or brand owner’s E-mail address or website. (c) This section shall become operative on January 1, 2002. (Added by Stats. 2000, Ch. 533, Sec. 3. Effective January 1, 2001. Section operative January 1, 2002, by its own provisions.)
  189. 111175.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Certain water sellers must clearly label the water type or treatment when their labeling or advertising says the water is a specific type or treated in a specific way.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111175. In addition to the requirements of Section 111170, if a bottler, distributor, water hauler, retail water facility operator, or vending machine operator provides information in the labeling or advertising stating or implying that this water is of a specific water type (for example, “spring water”) or treated in a specific manner (for example, “purified”), the type or treatment shall be clearly labeled in an easily readable format. In order to be so labeled, the source or treatment shall conform to the definitions established in Section 165.110 of Title 21 of the Code of Federal Regulations, or, if not defined in that section, with the following criteria: (1) “Mineralized water” means bottled or vended water that meets the requirements of “mineral water” except that the water contains added minerals. (2) “Natural water” means bottled or vended spring, artesian well, or well water that is unmodified by mineral addition or deletion, except “natural water” may be filtered and shall be sanitized with ozone or an equivalent disinfection process and treated to reduce the concentration of any substance that exceeds safety standards established by the department. (3) “Naturally sparkling water” means bottled water or vended water with a carbon dioxide content from the same source as the water. “Sparkling,” “carbonated,” or “carbonation added” means bottled water or vended water that contains carbon dioxide. (4) Notwithstanding any other provision of this section, water from a public water system that is unprocessed by the bottler or vendor shall be in compliance with Section 165.110(a)(3)(ii) of Title 21 of the Code of Federal Regulations. (Amended by Stats. 2018, Ch. 92, Sec. 150. (SB 1289) Effective January 1, 2019.)
  190. 111180.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Bottled water or vended water that is below the required quality must be labeled as substandard quality, unless Section 111080 applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111180. Except as provided in Section 111080, any bottled water or vended water, the quality of which is below the quality required by this article, shall be labeled with a statement of substandard quality, as prescribed by subsection (b) of Section 165.110 of Subpart B of Part 165 of Title 21 of the Code of Federal Regulations. (Amended by Stats. 2000, Ch. 533, Sec. 5. Effective January 1, 2001.)
  191. 111185.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Certain bottled-water businesses and retail water facilities must label bottles or vending machines with the water source when their name uses words like “spring,” “well,” or “natural,” and some retail water facilities must post a consumer-visible sign 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111185. Any bottler, distributor, vendor of bottled water, or owner or operator of any water-vending machine or retail water facility, whose corporate name or trademark contains the words “spring” or “springs,” or any derivative of either of these words, or “well,” “artesian well,” or “natural” shall label each bottle or vending machine with the source of the water in typeface at least equal to the size of the typeface of the corporate name or trademark, if the source of the bottled or vended water is different from the source stated in the corporate name or trademark. Retail water facilities that do not provide labeled containers shall post, in a location readily visible to consumers, a sign conveying required label information. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  192. 111190.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Bottled water with carbonation may be flavored in limited ways, and products labeled under this section must follow specific labeling and composition rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111190. (a) A bottled water, as defined in Section 111070, with natural or added carbonation, may be prepared with added flavors, extracts, essences, or fruit juice concentrates derived from a spice or fruit and comprising less than 1 percent by weight of the final product. The final product shall not contain sweeteners, or additives other than the flavors, extracts, essences, or fruit juice concentrates and carbon dioxide and shall be designated on labels and in advertising as follows: (1) The common or usual name of the characterizing flavor shall accompany the designation of the bottled water product type as defined in subdivision (b) of Section 111170. (2) The product may be designated as “natural” only if it meets the requirements for the designation as defined in paragraphs (2) and (3) of subdivision (a) of Section 111175, and naturally derived flavors, extracts, or essences are used. (b) Products labeled pursuant to this section shall comply with all other provisions of this article. Products with one type or one source of bottled water that are labeled pursuant to this section shall not be blended with water that is not bottled water or that is of another bottled water type. (Amended by Stats. 2018, Ch. 92, Sec. 151. (SB 1289) Effective January 1, 2019.)
  193. 111192.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain bottled-water sellers, haulers, vending machines, and retail water facilities must display specific contact and FDA information to customers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111192. (a) Bottlers and water haulers that distribute directly to consumers shall provide a sentence on each billing statement that includes one of the following: (1) A telephone number of the bottler or brand owner. (2) The bottler’s or brand owner’s mailing address. (b) Bottlers or brand owners may also include other forms of contact, including, but not limited to, the bottler’s or brand owner’s E-mail address or website. (c) Bottlers and water haulers that distribute directly to consumers shall, in the billing statement, provide to new customers, and to existing customers once per year thereafter, the following statement: “As a food product, bottled water is subject to rules and regulations promulgated by the federal Food and Drug Administration (FDA). For further information, please contact (insert the name of the bottler or brand owner) at (insert the bottler’s or brand owner’s telephone number or mailing address).” (d) Water vending machines shall display the same information on the machines that is required under subdivisions (a) and (c). (e) Retail water facilities shall provide new customers the same information that is required under subdivisions (a) and (c). These facilities shall also display this information in a take-home format. (f) This section shall become operative on January 1, 2002. (Added by Stats. 2000, Ch. 533, Sec. 6. Effective January 1, 2001. Section operative January 1, 2002, by its own provisions.)
  194. 111193.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may let a person package water for emergency use without a water bottling license, and may set, change, or withdraw conditions for that permission.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.5] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111193. (a) The department may by written permission allow a person to package water for use in public emergencies without obtaining a water bottling license, where the emergency has resulted in the interruption of, or has compromised the quality of, the public drinking water supply. This permission may authorize the suspension of any provision of this chapter and related regulations. (b) (1) The department may at any time change or impose on the permittee any requirements such as testing, equipment, and documentation that the department deems necessary to protect public health but in doing so shall consider the effect of those requirements in light of the urgency of the situation. The department may grant or withdraw this permission at any time. (2) Packing, distribution, and use of water under this permit shall only be allowed during the emergency period and shall end upon the restoration of adequate public drinking supplies as determined by the department. Distribution shall be limited to the area affected. Water so packaged shall be prominently labeled “drinking water”, “for emergency use only”, and “not for sale”, or similar wording approved by the department. (c) This section shall not be construed to restrict licensed water bottling plants from providing water processed in accordance with this chapter in emergency situations. (Added by Stats. 2000, Ch. 533, Sec. 7. Effective January 1, 2001.)
  195. 111195.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Before issuing a license, the department must review all labels prepared under this article and may require changes to make them comply.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111195. The department, prior to issuing a license, shall review all labels prepared pursuant to this article, and may require any changes in order to comply with this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  196. 111198.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must post specified licensing, inspection, violation, and fine information on its website every year.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 12. Bottled, Vended, Hauled, and Processed Water [111070 - 111198] ( Article 12 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111198. The department shall post annually on its Internet Web site, in connection to the entities it regulates under this article, all of the following information: (a) The total number of licenses, by type and county, issued in the prior calendar year. (b) The number of inspections performed by the department in the previous calendar year, broken down by county and license type. (c) The number and type of major violations, and the actions taken to correct those violations. (d) The number and dollar value of fines levied under subdivision (c). (Amended by Stats. 2012, Ch. 728, Sec. 103. (SB 71) Effective January 1, 2013.)
  197. 111200.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “hamburger,” “imitation hamburger,” and “restaurant,” and sets composition limits for hamburger.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111200. As used in this article, the following definitions shall apply: (a) “Hamburger” means chopped fresh or frozen beef, or a combination of both fresh or frozen beef, with or without the addition of beef fat as such, and with or without the addition of seasoning. Hamburger shall not contain more than 30-percent fat, and shall not contain added water, binders, or extenders. Beef cheek meat (trimmed beef cheeks) may be used in the preparation of hamburger to the extent of 25 percent, and if in excess of natural proportions, its presence shall be declared on the label in the ingredient statement, if any, and otherwise contiguous to the name of the product. (b) “Imitation hamburger” means chopped fresh or frozen beef, or a combination of both fresh or frozen beef, with or without the addition of beef fat as such, and with or without the addition of seasoning. Imitation hamburger may contain binders and extenders, with or without the addition of partially defatted beef tissue, without added water or with added water only in amounts that the products’ characteristics are essentially that of a meat pattie. (c) “Restaurant” means restaurants, itinerant restaurants, vehicles, vending machines, or institutions including hospitals, schools, asylums, eleemosynaries, and all other places where food is served to the public for consumption on the premises of sale that are not included within the definitions of the terms restaurants, itinerant restaurants, vehicles, and vending machines. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  198. 111205.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Restaurants selling or serving imitation hamburger must list ingredients on the menu, or post the information if there is no menu, unless the product meets the stated ingredient threshold; restaurants also may not use “hamburger,” “burger,” or similar terms for imitation hamburger in ads or menus.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111205. (a) If imitation hamburger is sold or served in restaurant a list of ingredients thereof shall appear on the menu, or, if there is no menu, the information shall be posted as state department shall by regulations require. No list of ingredients, however, shall be required for imitation hamburger that contains not more than 10 percent added protein and water, and that does not contain other binders or extenders. (b) No restaurant shall use the terms “hamburger,” “burger,” or any other cognate thereof in any advertisement, or menu to refer to any imitation hamburger. A restaurant selling or serving imitation hamburger may refer to the product as imitation hamburger or by any other term that accurately informs the customer of the nature of the food product that he or she is sold or served. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  199. 111210.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person may not advertise, sell, offer, or serve a product as hamburger or imitation hamburger in a restaurant unless it fits the Section 111200 definitions, and may not violate 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 5. Food [110425 - 111224.6] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111210. It is unlawful and constitutes misbranding for any person to advertise, offer for sale, sell, or serve as hamburger or imitation hamburger in any restaurant any product that does not come within the definitions of those terms contained in Section 111200. It is unlawful and constitutes misbranding for any person to violate any provision of this article or any regulation adopted pursuant thereto. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  200. 111215.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, 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 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Restaurants selling hamburger or imitation hamburger are meant to accurately inform consumers about the contents of the food.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 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 13. Hamburger and Imitation Hamburger [111200 - 111220] ( Article 13 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 111215. It is the public policy of this state to require restaurants selling hamburger and imitation hamburger to accurately inform the consumer public of the contents of foods. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

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