110460. No person shall engage in the manufacture, packing, or
holding of any processed food in this state unless the person has a
valid registration from the department, except those engaged
exclusively in the storing, handling, or processing of dried beans.
The registration shall be valid for one calendar year from the date
of issue, unless it is revoked. The registration shall not be
transferable.
110461. It is unlawful for any person to manufacture, pack, or hold
processed food in this state unless in a food processing facility
duly registered, as provided in this part.
110462. It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed in the application for registration or
renewal of registration, as provided in this article.
110465. A separate registration is required for each place of
manufacture, packing, or holding.
110466. (a) Commencing January 1, 2000, the department shall use
the resources provided by the registration fees assessed by this
article to inspect new and registered food processing facilities to
determine compliance with this part. The department shall target the
inspections and adjust their scope, depth, and frequency based on the
department's statewide assessment of public health risk potential.
In assessing public health risk potential, the department shall
consider, at a minimum, the potential and actual health risks
associated with processed foods manufactured, packed, or held in this
state, and the food safety practices and compliance histories of
persons who manufacture, pack, or hold processed foods in this state.
(b) Commencing January 1, 2001, the department, pursuant to this
chapter, shall conduct an annual inspection of each registered food
processing facility and inspect each new food processing facility
prior to issuing a new registration pursuant to Section 110460. This
annual inspection requirement may be adjusted or waived based on an
assessment of the food processing facility pursuant to subdivision
(a).
(c) The department may perform one or more reinspections of each
new and registered food processing facility as necessary to prevent
repeated or continuing violations of this part and for the purposes
of approving the issuance of a new registration. The department shall
charge a fee of one hundred dollars ($100) per hour to cover the
costs of performing the reinspections of the same food processing
facility within any 12-month period.
110467. Any violation of any provision of this part or any
regulation adopted pursuant to this part shall be grounds for denying
a registration or for suspending or revoking a registration.
Proceedings for the denial, suspension, or revocation of a
registration shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all the powers
granted in that chapter.
110470. A registration application provided by the department shall
be completed annually and accompanied by a nonreturnable
registration fee.
The fee for a new or renewal registration for a food processing
facility shall be as follows:
Holding Food Only:
Fee Fee Fee Fee
through commencing commencing commencing
12/31/99 01/01/2000 01/01/2001 01/01/2000
Los
through and Angeles,
Orange,
12/31/2000 ongoing San
Bernardino
Counties
and
the City
of
Vernon
Size of
Facility:
0-5,000
sq. ft. $257.85 $300 $300 $300
5,001-10,000
sq. ft. 257.85 350 400 350
Over 10,000
sq. ft. 386.77 500 600 500
Manufacturing or Packing of Food:
Fee Fee Fee Fee
through commencing commencing commencing
12/31/99 01/01/2000 01/01/2001 01/01/2000
Los
through and Angeles,
Orange,
12/31/2000 ongoing San
Bernardino
Counties
and
the City
of
Vernon
Number of Size of
Employees Facility
0-2 $257.85 $300 $300 $300
0-5,000
3-5 sq. ft. 257.85 350 400 350
0-5,000
6-20 sq. ft. 386.77 500 600 500
0-5,000
More than 20 sq. ft. 515.70 700 900 700
Over
5,000
3-5 sq. ft. 257.85 500 600 500
Over
5,000
6-20 sq. ft. 515.70 700 900 700
Over
5,000
21-50 sq. ft. 644.52 935 1,250 850
Over
5,000
51-100 sq. ft. 644.52 985 1,350 850
Over
5,000
101-200 sq. ft. 644.52 1,035 1,450 850
Over
5,000
201 or more sq. ft. 644.52 1,085 1,550 850
A penalty of 1 percent per month shall be added to any
registration fee not paid when due. The fee amount shall be adjusted
annually pursuant to Section 100425.
110471. (a) Commencing January 1, 2006, the department shall make a
one-time 15 percent cost-of-living adjustment to the registration
fees established in Section 110470.
(b) Commencing January 1, 2006, every person engaged in the
manufacture, packing, or holding of processed food in this state that
is subject to the requirements of Part 120 or 123 of Title 21 of the
Code of Federal Regulations shall pay two hundred fifty dollars
($250) in addition to their annual registration fee paid pursuant to
Section 110470.
(c) Revenue received pursuant to this section shall be deposited
into the Food Safety Fund created by Section 110050.
(d) Upon appropriation, the additional fee deposited in the Food
Safety Fund shall be used by the department to conduct inspections
and reviews of those facilities required to have Hazard Analysis
Critical Control Point (HACCP) plans or Standard Sanitation Operating
Procedures (SSOPs).
110472. The department, in consultation with the California
Conference of Directors of Environmental Health (CCDEH),
representatives of the food processing industry, representatives of
the local health departments of, Los Angeles, Orange, and San
Bernardino Counties, and the City of Vernon, and any other person or
entity deemed appropriate by the department shall develop, implement,
and evaluate the processed food program in accordance with this
chapter. In developing the processed food program, consideration
shall be given to all aspects of the program provided for in this
chapter.
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.
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.
110475. Any person registered pursuant to this article shall
immediately notify the department of any change in the information
reported on the registration application.
110480. The registration provisions of this article shall not apply
to any 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 any person whose
manufacturing, packing, or holding of processed food is limited
solely to activities authorized by any of the following:
(a) A valid bottled water or water vending machine license issued
pursuant to Article 12 (commencing with Section 111070).
(b) A valid pet food license issued pursuant to Chapter 10
(commencing with Section 113025) of Part 6.
(c) 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:
(1) Has gross annual wholesale sales of processed foods of more
than 25 percent of total food sales.
(2) Sells processed foods outside the jurisdiction of the local
health department.
(3) Sells processed foods that require labeling pursuant to this
part.
(4) Processes or handles fresh seafood, frozen seafood held in
bulk for further processing, or fresh or frozen raw shellfish.
(5) Salvages processed foods for sale other than at the retail
food facility.
(d) A valid cold storage license issued pursuant to Chapter 6
(commencing with Section 112350) of Part 6.
(e) A valid cannery license issued pursuant to Chapter 8
(commencing with Section 112650) of Part 6.
(f) A valid shellfish certificate issued pursuant to Chapter 5
(commencing with Section 112150) of Part 6.
(g) A valid frozen food locker plant license issued pursuant to
Chapter 7 (commencing with Section 112500) of Part 6.
(h) A valid winegrower's license or wine blender's license
pursuant to Division 9 (commencing with Section 23000) of the
Business and Professions Code.
(i) 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.
(j) 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:
(1) The warehouse does not manufacture or pack processed food.
(2) The warehouse does not hold fresh seafood, frozen seafood held
in bulk for further processing, or fresh or frozen raw shellfish.
(3) The warehouse is not operated as an integral part of a food
processing facility required to be registered pursuant to Section
110460.
(4) The warehouse facilities are located entirely within the area
under the jurisdiction of the local health department.
(5) The warehouse does not salvage food as the primary business.
(k) This section shall not be construed to limit the authority of
Los Angeles, San Bernardino, and Orange Counties, or of the City of
Vernon, to conduct any inspections otherwise authorized by Chapter 4
(commencing with Section 111950) of Part 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.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2016, deletes or
extends that date.
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.
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.
110460. No person shall engage in the manufacture, packing, or
holding of any processed food in this state unless the person has a
valid registration from the department, except those engaged
exclusively in the storing, handling, or processing of dried beans.
The registration shall be valid for one calendar year from the date
of issue, unless it is revoked. The registration shall not be
transferable.
110461. It is unlawful for any person to manufacture, pack, or hold
processed food in this state unless in a food processing facility
duly registered, as provided in this part.
110462. It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed in the application for registration or
renewal of registration, as provided in this article.
110465. A separate registration is required for each place of
manufacture, packing, or holding.
110466. (a) Commencing January 1, 2000, the department shall use
the resources provided by the registration fees assessed by this
article to inspect new and registered food processing facilities to
determine compliance with this part. The department shall target the
inspections and adjust their scope, depth, and frequency based on the
department's statewide assessment of public health risk potential.
In assessing public health risk potential, the department shall
consider, at a minimum, the potential and actual health risks
associated with processed foods manufactured, packed, or held in this
state, and the food safety practices and compliance histories of
persons who manufacture, pack, or hold processed foods in this state.
(b) Commencing January 1, 2001, the department, pursuant to this
chapter, shall conduct an annual inspection of each registered food
processing facility and inspect each new food processing facility
prior to issuing a new registration pursuant to Section 110460. This
annual inspection requirement may be adjusted or waived based on an
assessment of the food processing facility pursuant to subdivision
(a).
(c) The department may perform one or more reinspections of each
new and registered food processing facility as necessary to prevent
repeated or continuing violations of this part and for the purposes
of approving the issuance of a new registration. The department shall
charge a fee of one hundred dollars ($100) per hour to cover the
costs of performing the reinspections of the same food processing
facility within any 12-month period.
110467. Any violation of any provision of this part or any
regulation adopted pursuant to this part shall be grounds for denying
a registration or for suspending or revoking a registration.
Proceedings for the denial, suspension, or revocation of a
registration shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all the powers
granted in that chapter.
110470. A registration application provided by the department shall
be completed annually and accompanied by a nonreturnable
registration fee.
The fee for a new or renewal registration for a food processing
facility shall be as follows:
Holding Food Only:
Fee Fee Fee Fee
through commencing commencing commencing
12/31/99 01/01/2000 01/01/2001 01/01/2000
Los
through and Angeles,
Orange,
12/31/2000 ongoing San
Bernardino
Counties
and
the City
of
Vernon
Size of
Facility:
0-5,000
sq. ft. $257.85 $300 $300 $300
5,001-10,000
sq. ft. 257.85 350 400 350
Over 10,000
sq. ft. 386.77 500 600 500
Manufacturing or Packing of Food:
Fee Fee Fee Fee
through commencing commencing commencing
12/31/99 01/01/2000 01/01/2001 01/01/2000
Los
through and Angeles,
Orange,
12/31/2000 ongoing San
Bernardino
Counties
and
the City
of
Vernon
Number of Size of
Employees Facility
0-2 $257.85 $300 $300 $300
0-5,000
3-5 sq. ft. 257.85 350 400 350
0-5,000
6-20 sq. ft. 386.77 500 600 500
0-5,000
More than 20 sq. ft. 515.70 700 900 700
Over
5,000
3-5 sq. ft. 257.85 500 600 500
Over
5,000
6-20 sq. ft. 515.70 700 900 700
Over
5,000
21-50 sq. ft. 644.52 935 1,250 850
Over
5,000
51-100 sq. ft. 644.52 985 1,350 850
Over
5,000
101-200 sq. ft. 644.52 1,035 1,450 850
Over
5,000
201 or more sq. ft. 644.52 1,085 1,550 850
A penalty of 1 percent per month shall be added to any
registration fee not paid when due. The fee amount shall be adjusted
annually pursuant to Section 100425.
110471. (a) Commencing January 1, 2006, the department shall make a
one-time 15 percent cost-of-living adjustment to the registration
fees established in Section 110470.
(b) Commencing January 1, 2006, every person engaged in the
manufacture, packing, or holding of processed food in this state that
is subject to the requirements of Part 120 or 123 of Title 21 of the
Code of Federal Regulations shall pay two hundred fifty dollars
($250) in addition to their annual registration fee paid pursuant to
Section 110470.
(c) Revenue received pursuant to this section shall be deposited
into the Food Safety Fund created by Section 110050.
(d) Upon appropriation, the additional fee deposited in the Food
Safety Fund shall be used by the department to conduct inspections
and reviews of those facilities required to have Hazard Analysis
Critical Control Point (HACCP) plans or Standard Sanitation Operating
Procedures (SSOPs).
110472. The department, in consultation with the California
Conference of Directors of Environmental Health (CCDEH),
representatives of the food processing industry, representatives of
the local health departments of, Los Angeles, Orange, and San
Bernardino Counties, and the City of Vernon, and any other person or
entity deemed appropriate by the department shall develop, implement,
and evaluate the processed food program in accordance with this
chapter. In developing the processed food program, consideration
shall be given to all aspects of the program provided for in this
chapter.
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.
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.
110475. Any person registered pursuant to this article shall
immediately notify the department of any change in the information
reported on the registration application.
110480. The registration provisions of this article shall not apply
to any 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 any person whose
manufacturing, packing, or holding of processed food is limited
solely to activities authorized by any of the following:
(a) A valid bottled water or water vending machine license issued
pursuant to Article 12 (commencing with Section 111070).
(b) A valid pet food license issued pursuant to Chapter 10
(commencing with Section 113025) of Part 6.
(c) 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:
(1) Has gross annual wholesale sales of processed foods of more
than 25 percent of total food sales.
(2) Sells processed foods outside the jurisdiction of the local
health department.
(3) Sells processed foods that require labeling pursuant to this
part.
(4) Processes or handles fresh seafood, frozen seafood held in
bulk for further processing, or fresh or frozen raw shellfish.
(5) Salvages processed foods for sale other than at the retail
food facility.
(d) A valid cold storage license issued pursuant to Chapter 6
(commencing with Section 112350) of Part 6.
(e) A valid cannery license issued pursuant to Chapter 8
(commencing with Section 112650) of Part 6.
(f) A valid shellfish certificate issued pursuant to Chapter 5
(commencing with Section 112150) of Part 6.
(g) A valid frozen food locker plant license issued pursuant to
Chapter 7 (commencing with Section 112500) of Part 6.
(h) A valid winegrower's license or wine blender's license
pursuant to Division 9 (commencing with Section 23000) of the
Business and Professions Code.
(i) 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.
(j) 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:
(1) The warehouse does not manufacture or pack processed food.
(2) The warehouse does not hold fresh seafood, frozen seafood held
in bulk for further processing, or fresh or frozen raw shellfish.
(3) The warehouse is not operated as an integral part of a food
processing facility required to be registered pursuant to Section
110460.
(4) The warehouse facilities are located entirely within the area
under the jurisdiction of the local health department.
(5) The warehouse does not salvage food as the primary business.
(k) This section shall not be construed to limit the authority of
Los Angeles, San Bernardino, and Orange Counties, or of the City of
Vernon, to conduct any inspections otherwise authorized by Chapter 4
(commencing with Section 111950) of Part 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.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2016, deletes or
extends that date.
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.
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.
110460. No person shall engage in the manufacture, packing, or
holding of any processed food in this state unless the person has a
valid registration from the department, except those engaged
exclusively in the storing, handling, or processing of dried beans.
The registration shall be valid for one calendar year from the date
of issue, unless it is revoked. The registration shall not be
transferable.
110461. It is unlawful for any person to manufacture, pack, or hold
processed food in this state unless in a food processing facility
duly registered, as provided in this part.
110462. It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed in the application for registration or
renewal of registration, as provided in this article.
110465. A separate registration is required for each place of
manufacture, packing, or holding.
110466. (a) Commencing January 1, 2000, the department shall use
the resources provided by the registration fees assessed by this
article to inspect new and registered food processing facilities to
determine compliance with this part. The department shall target the
inspections and adjust their scope, depth, and frequency based on the
department's statewide assessment of public health risk potential.
In assessing public health risk potential, the department shall
consider, at a minimum, the potential and actual health risks
associated with processed foods manufactured, packed, or held in this
state, and the food safety practices and compliance histories of
persons who manufacture, pack, or hold processed foods in this state.
(b) Commencing January 1, 2001, the department, pursuant to this
chapter, shall conduct an annual inspection of each registered food
processing facility and inspect each new food processing facility
prior to issuing a new registration pursuant to Section 110460. This
annual inspection requirement may be adjusted or waived based on an
assessment of the food processing facility pursuant to subdivision
(a).
(c) The department may perform one or more reinspections of each
new and registered food processing facility as necessary to prevent
repeated or continuing violations of this part and for the purposes
of approving the issuance of a new registration. The department shall
charge a fee of one hundred dollars ($100) per hour to cover the
costs of performing the reinspections of the same food processing
facility within any 12-month period.
110467. Any violation of any provision of this part or any
regulation adopted pursuant to this part shall be grounds for denying
a registration or for suspending or revoking a registration.
Proceedings for the denial, suspension, or revocation of a
registration shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all the powers
granted in that chapter.
110470. A registration application provided by the department shall
be completed annually and accompanied by a nonreturnable
registration fee.
The fee for a new or renewal registration for a food processing
facility shall be as follows:
Holding Food Only:
Fee Fee Fee Fee
through commencing commencing commencing
12/31/99 01/01/2000 01/01/2001 01/01/2000
Los
through and Angeles,
Orange,
12/31/2000 ongoing San
Bernardino
Counties
and
the City
of
Vernon
Size of
Facility:
0-5,000
sq. ft. $257.85 $300 $300 $300
5,001-10,000
sq. ft. 257.85 350 400 350
Over 10,000
sq. ft. 386.77 500 600 500
Manufacturing or Packing of Food:
Fee Fee Fee Fee
through commencing commencing commencing
12/31/99 01/01/2000 01/01/2001 01/01/2000
Los
through and Angeles,
Orange,
12/31/2000 ongoing San
Bernardino
Counties
and
the City
of
Vernon
Number of Size of
Employees Facility
0-2 $257.85 $300 $300 $300
0-5,000
3-5 sq. ft. 257.85 350 400 350
0-5,000
6-20 sq. ft. 386.77 500 600 500
0-5,000
More than 20 sq. ft. 515.70 700 900 700
Over
5,000
3-5 sq. ft. 257.85 500 600 500
Over
5,000
6-20 sq. ft. 515.70 700 900 700
Over
5,000
21-50 sq. ft. 644.52 935 1,250 850
Over
5,000
51-100 sq. ft. 644.52 985 1,350 850
Over
5,000
101-200 sq. ft. 644.52 1,035 1,450 850
Over
5,000
201 or more sq. ft. 644.52 1,085 1,550 850
A penalty of 1 percent per month shall be added to any
registration fee not paid when due. The fee amount shall be adjusted
annually pursuant to Section 100425.
110471. (a) Commencing January 1, 2006, the department shall make a
one-time 15 percent cost-of-living adjustment to the registration
fees established in Section 110470.
(b) Commencing January 1, 2006, every person engaged in the
manufacture, packing, or holding of processed food in this state that
is subject to the requirements of Part 120 or 123 of Title 21 of the
Code of Federal Regulations shall pay two hundred fifty dollars
($250) in addition to their annual registration fee paid pursuant to
Section 110470.
(c) Revenue received pursuant to this section shall be deposited
into the Food Safety Fund created by Section 110050.
(d) Upon appropriation, the additional fee deposited in the Food
Safety Fund shall be used by the department to conduct inspections
and reviews of those facilities required to have Hazard Analysis
Critical Control Point (HACCP) plans or Standard Sanitation Operating
Procedures (SSOPs).
110472. The department, in consultation with the California
Conference of Directors of Environmental Health (CCDEH),
representatives of the food processing industry, representatives of
the local health departments of, Los Angeles, Orange, and San
Bernardino Counties, and the City of Vernon, and any other person or
entity deemed appropriate by the department shall develop, implement,
and evaluate the processed food program in accordance with this
chapter. In developing the processed food program, consideration
shall be given to all aspects of the program provided for in this
chapter.
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.
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.
110475. Any person registered pursuant to this article shall
immediately notify the department of any change in the information
reported on the registration application.
110480. The registration provisions of this article shall not apply
to any 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 any person whose
manufacturing, packing, or holding of processed food is limited
solely to activities authorized by any of the following:
(a) A valid bottled water or water vending machine license issued
pursuant to Article 12 (commencing with Section 111070).
(b) A valid pet food license issued pursuant to Chapter 10
(commencing with Section 113025) of Part 6.
(c) 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:
(1) Has gross annual wholesale sales of processed foods of more
than 25 percent of total food sales.
(2) Sells processed foods outside the jurisdiction of the local
health department.
(3) Sells processed foods that require labeling pursuant to this
part.
(4) Processes or handles fresh seafood, frozen seafood held in
bulk for further processing, or fresh or frozen raw shellfish.
(5) Salvages processed foods for sale other than at the retail
food facility.
(d) A valid cold storage license issued pursuant to Chapter 6
(commencing with Section 112350) of Part 6.
(e) A valid cannery license issued pursuant to Chapter 8
(commencing with Section 112650) of Part 6.
(f) A valid shellfish certificate issued pursuant to Chapter 5
(commencing with Section 112150) of Part 6.
(g) A valid frozen food locker plant license issued pursuant to
Chapter 7 (commencing with Section 112500) of Part 6.
(h) A valid winegrower's license or wine blender's license
pursuant to Division 9 (commencing with Section 23000) of the
Business and Professions Code.
(i) 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.
(j) 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:
(1) The warehouse does not manufacture or pack processed food.
(2) The warehouse does not hold fresh seafood, frozen seafood held
in bulk for further processing, or fresh or frozen raw shellfish.
(3) The warehouse is not operated as an integral part of a food
processing facility required to be registered pursuant to Section
110460.
(4) The warehouse facilities are located entirely within the area
under the jurisdiction of the local health department.
(5) The warehouse does not salvage food as the primary business.
(k) This section shall not be construed to limit the authority of
Los Angeles, San Bernardino, and Orange Counties, or of the City of
Vernon, to conduct any inspections otherwise authorized by Chapter 4
(commencing with Section 111950) of Part 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.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2016, deletes or
extends that date.
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.
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.
