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.
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.
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 (3) of
subdivision (e) 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 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) The department shall convene an interagency collaborative
which is hereby established to serve as an oversight committee for
the implementation of this section and to work with the office in
establishing and revising the required standards. The interagency
collaborative shall be composed of the following members:
(1) The department.
(2) The Childhood Lead Poisoning Branch of the department.
(3) The Food and Drug Branch of the department.
(4) The office.
(5) The office of the Attorney General.
(i) The interagency collaborative may confer with the United
States Consumer Product Safety Commission, the United States Food and
Drug Administration, recognized experts in the field,
representatives of California community environmental justice
organizations and candy manufacturers.
(j) (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.
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.
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.
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.
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.
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.
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.
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.
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.
110595. Any food is adulterated if it bears or contains any color
additive that is unsafe within the meaning of Section 110445.
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.
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.
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.
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.
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.
110620. It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is adulterated.
110625. It is unlawful for any person to adulterate any food.
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.
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.
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.
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.
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.
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.
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.
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.
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 (3) of
subdivision (e) 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 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) The department shall convene an interagency collaborative
which is hereby established to serve as an oversight committee for
the implementation of this section and to work with the office in
establishing and revising the required standards. The interagency
collaborative shall be composed of the following members:
(1) The department.
(2) The Childhood Lead Poisoning Branch of the department.
(3) The Food and Drug Branch of the department.
(4) The office.
(5) The office of the Attorney General.
(i) The interagency collaborative may confer with the United
States Consumer Product Safety Commission, the United States Food and
Drug Administration, recognized experts in the field,
representatives of California community environmental justice
organizations and candy manufacturers.
(j) (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.
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.
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.
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.
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.
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.
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.
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.
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.
110595. Any food is adulterated if it bears or contains any color
additive that is unsafe within the meaning of Section 110445.
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.
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.
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.
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.
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.
110620. It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is adulterated.
110625. It is unlawful for any person to adulterate any food.
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.
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.
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.
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.
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.
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.
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.
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.
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 (3) of
subdivision (e) 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 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) The department shall convene an interagency collaborative
which is hereby established to serve as an oversight committee for
the implementation of this section and to work with the office in
establishing and revising the required standards. The interagency
collaborative shall be composed of the following members:
(1) The department.
(2) The Childhood Lead Poisoning Branch of the department.
(3) The Food and Drug Branch of the department.
(4) The office.
(5) The office of the Attorney General.
(i) The interagency collaborative may confer with the United
States Consumer Product Safety Commission, the United States Food and
Drug Administration, recognized experts in the field,
representatives of California community environmental justice
organizations and candy manufacturers.
(j) (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.
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.
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.
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.
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.
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.
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.
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.
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.
110595. Any food is adulterated if it bears or contains any color
additive that is unsafe within the meaning of Section 110445.
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.
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.
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.
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.
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.
110620. It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is adulterated.
110625. It is unlawful for any person to adulterate any food.
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.
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.
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.
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.
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.
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.
