110660. Any food is misbranded if its labeling is false or
misleading in any particular.
110661. Any food is misbranded if it is manufactured, packed, or
held in this state in a food processing facility not duly registered
as provided in this part, except for food from facilities exclusively
storing, handling, or processing dry beans.
110665. Any food is misbranded if its labeling does not conform
with the requirements for nutrition labeling as set forth in Section
403(q) (21 U.S.C. Sec. 343(q)) of the federal act and the regulations
adopted pursuant thereto. Any food exempted from those requirements
under the federal act shall also be exempt under this section.
110670. Any food is misbranded if its labeling does not conform
with the requirements for nutrient content or health claims as set
forth in Section 403(r) (21 U.S.C. Sec. 343(r)) of the federal act
and the regulations adopted pursuant thereto. Any food exempted from
those requirements under the federal act shall also be exempt under
this section.
110673. Any food is misbranded if its labeling does not conform
with the requirements for food allergen labeling as set forth in
Section 403(w) of the federal act (21 U.S.C. Sec. 343(w)) and the
regulations adopted pursuant thereto. Any food exempted from those
requirements under the federal act, shall also be exempt under this
section.
110675. Any food is misbranded if it is in package form, unless it
bears a label containing all of the following information:
(a) The name and place of business of the manufacturer, packer, or
distributor.
(b) An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count.
Reasonable variations from the requirements of subdivision (b)
shall be permitted. Requirements for placement and prominence of the
information required by subdivision (b), and exemptions as to small
packages, shall be established in accordance with regulations adopted
pursuant to Sections 110100 and 110380.
110680. Any food is misbranded if its labeling or packaging does
not conform to the requirements of Chapter 4 (commencing with Section
110290).
110685. Any food is misbranded if it is offered for sale under the
name of another food, or if it is an imitation of another food for
which a definition and standard of identity has been established by
regulation and its label does not bear, in type of uniform size and
prominence the word "imitation," and immediately following, the name
of the food imitated.
110690. Any food is misbranded if its container is so made, formed,
or filled as to be misleading.
110695. Any food is misbranded if it is a confectionery and
contains alcohol in excess of 1/2 of 1 percent by weight and that
fact does not appear on the label for the food.
110700. Any food is misbranded if it is a potentially hazardous
processed food that is preserved by refrigeration at temperatures of
45 degrees Fahrenheit or lower and it is not conspicuously labeled
"Perishable Keep Refrigerated."
110705. Any food is misbranded if any word, statement, or other
information required pursuant to this part to appear on the label or
labeling is not prominently placed upon the label or labeling with
conspicuousness, as compared with other words, statements, designs,
or devices in the labeling and in terms as to render it likely to be
read and understood by the ordinary individual under customary
conditions of purchase and use.
110710. Any food is misbranded if it purports to be, or is
represented as, a food for which a definition and standard of
identity has been established under Section 110505 and the label
fails to bear the name of the food specified in the standard or
otherwise fails to conform to the definition and standard.
110715. Any food is misbranded if it purports to be, or is
represented as, a food for which a standard of quality or fill has
been prescribed by regulation under Section 110505 and its quality or
fill is below the standard unless its label bears, in a manner and
form as specified by regulation, a statement that it is below the
standard.
110720. Any food for which no standard of identity exists is
misbranded unless it bears a label clearly stating the common or
usual name of the food.
110725. (a) Any food fabricated from two or more ingredients is
misbranded unless it bears a label clearly stating the common or
usual name of each ingredient, and if the food purports to be a
beverage containing vegetable or fruit juice, a statement with
appropriate prominence on the information panel of the total
percentage of fruit or vegetable juice contained in the food. Any
spice, flavoring, or color not required to be certified under Section
110090, except any spice, flavoring, or color sold as such, may be
designated as spice, flavoring, or color without naming each.
(b) Exemptions may be established by the department, when
compliance with any requirement of this section is impractical or
results in deception or unfair competition.
(c) In adopting any regulations relating to this section, the
department shall take into consideration the current regulations
established by the Secretary of Health and Human Services under
authority contained in the federal act.
(d) Notwithstanding Section 110040 or any other provision of law,
as used in this section, the term "food" includes, but is not limited
to, meat. The term "food" does not, however, include any alcoholic
beverage.
(e) This section shall not apply to any food sold for consumption
on or off the premises of any restaurant in the course of its
business as a restaurant, or to any milk or dairy product.
110730. The requirements of Sections 110720 and 110725 do not apply
to any food that is packaged at the direction of retail purchasers
at the time of sale if the ingredients are disclosed to the
purchasers by other means in accordance with the regulations adopted
by the department.
110735. Any food is misbranded if it purports to be, or is
represented, for special dietary uses as prescribed by regulation
under Section 110095 and its label does not bear information
concerning any vitamin or mineral content, or other dietary property
as the department prescribes, by regulation, as necessary to fully
inform purchasers as to the food's value for that use.
110740. Any food is misbranded if it bears or contains any
artificial flavoring, artificial coloring, or chemical preservative,
unless its labeling states that fact. Exemptions may be established
by the department.
110745. Any food is misbranded if it is intended as a component of
another food and when used in accordance with the directions of the
purveyor, it will result in the final food being adulterated or
misbranded.
110750. Any food is misbranded if it is a color additive and it is
not in conformity with the requirements for color additives
prescribed under the provisions of Section 110090.
110755. Any food is misbranded if its packaging or labeling is in
violation of an applicable regulation issued pursuant to Section
108685 or 108700.
110760. It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is misbranded.
110765. It is unlawful for any person to misbrand any food.
110770. It is unlawful for any person to receive in commerce any
food that is misbranded or to deliver or proffer for delivery any
such food.
110775. It is unlawful for any person to alter, mutilate, destroy,
obliterate, or remove the label, or any part of the labeling, of any
food if the act results in the food being misbranded.
110790. Any food intended for export shall not be deemed to be
misbranded under this part if it satisfies all of the following
requirements:
(a) It accords to the specifications of the foreign purchaser.
(b) It is not in conflict with the laws of the importing country.
(c) It is labeled on the outside of the shipping package to show
that it is intended for export.
If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
110795. (a) The department may adopt regulations that name and
describe the characteristics of salmon and any other fish or other
seafood it considers appropriate. The department shall consult with
the Department of Fish and Game, the Joint Committee on Fisheries and
Aquaculture, consumers, commercial fishermen, aquaculturists, and
seafood processors, wholesalers, restaurateurs, and other retailers
before adopting these regulations. The department shall not adopt any
regulation that conflicts with the common name of any fish
designated by the Department of Fish and Game pursuant to Section
8023 of the Fish and Game Code.
(b) In addition to the consultations required by subdivision (a),
the department shall consult and seek the recommendations of the
groups named in that subdivision concerning the possible need for, or
desirability of, any further legislation or regulations affecting
seafood labeling.
(c) No regulation adopted pursuant to this section shall deviate
from a pertinent United States standard where the fish or seafood
product specified is packed or processed as a standardized product
under a United States standard.
(d) Nothing in this section or in regulations adopted pursuant to
this section shall be construed to require the use of more than the
common family name of any fish or seafood by any restaurant in menus
or advertisements.
110800. (a) Any label of any retail cut of beef, veal, lamb, or
pork held for sale in a retail food production and marketing
establishment or a frozen food locker plant shall clearly identify
the species (beef, veal, lamb, or pork) and the primal cut from which
it is derived, and the retail name.
This section shall not apply to ground beef or hamburger, boneless
stewing meat, cubed steaks, sausage, or soupbones.
(b) "Primal cuts" include only the following in the various
species:
Beef Veal Lamb Pork
Chuck Shoulder Shoulder Shoulder
Rib Rib Rib --
Loin Loin Loin Loin
Shank Shank Shank --
Brisket Breast Breast --
Plate Breast Breast --
Flank Flank -- --
Round Round or leg Leg Leg or ham
Cuts derived from other than the above primal cuts need only show
species and the retail name.
(c) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any retail cut of beef that
is labeled in violation of this section.
110805. (a) Except as otherwise provided in this section, no
chopped or ground beef or hamburger that is offered for sale in any
retail food production and marketing establishment or frozen food
locker plant shall be advertised, labeled, or otherwise held out in
any manner to describe or suggest its quality or relative leanness or
fat content unless the label, advertisement, or other representation
accurately discloses the maximum fat content thereof by the
designation "Does not exceed __ percent fat". However, in no case
shall the fat content of any chopped or ground beef or hamburger
exceed 30 percent fat, except in no case shall the fat content exceed
26 percent in the case of chopped or ground beef or hamburger
processed from the primal cut of chuck when the primal cut
designation is being used.
(b) No designation such as, but not limited to, "lean," "super
lean," "premium," "deluxe" or similar terms descriptive of quality,
leanness, or fat content shall be included on the label unless the
label also contains a fat-weight designation as specified in
subdivision (a). However, as an alternative to including the
fat-weight designation on the label, the fat-weight designation
required by this section may be disclosed by means of a sign placed
immediately adjacent to the counter on which the chopped or ground
beef or hamburger is displayed. This sign shall be within plain view
of prospective purchasers and shall display the appropriate
designation specified in subdivision (a) in boldface print.
(c) Chopped or ground beef or hamburger that is processed from
primal cuts of round or sirloin shall not be required to disclose the
maximum fat content if there is no reference to leanness or other
quality designation relating to fat content other than the primal cut
from which the product is derived. If there is a reference to
leanness or any other quality designation relating to fat content,
the maximum fat designation shall be a fat-weight designation as
specified in subdivision (a).
(d) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any chopped or ground beef
or hamburger that is labeled in violation of this section.
110660. Any food is misbranded if its labeling is false or
misleading in any particular.
110661. Any food is misbranded if it is manufactured, packed, or
held in this state in a food processing facility not duly registered
as provided in this part, except for food from facilities exclusively
storing, handling, or processing dry beans.
110665. Any food is misbranded if its labeling does not conform
with the requirements for nutrition labeling as set forth in Section
403(q) (21 U.S.C. Sec. 343(q)) of the federal act and the regulations
adopted pursuant thereto. Any food exempted from those requirements
under the federal act shall also be exempt under this section.
110670. Any food is misbranded if its labeling does not conform
with the requirements for nutrient content or health claims as set
forth in Section 403(r) (21 U.S.C. Sec. 343(r)) of the federal act
and the regulations adopted pursuant thereto. Any food exempted from
those requirements under the federal act shall also be exempt under
this section.
110673. Any food is misbranded if its labeling does not conform
with the requirements for food allergen labeling as set forth in
Section 403(w) of the federal act (21 U.S.C. Sec. 343(w)) and the
regulations adopted pursuant thereto. Any food exempted from those
requirements under the federal act, shall also be exempt under this
section.
110675. Any food is misbranded if it is in package form, unless it
bears a label containing all of the following information:
(a) The name and place of business of the manufacturer, packer, or
distributor.
(b) An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count.
Reasonable variations from the requirements of subdivision (b)
shall be permitted. Requirements for placement and prominence of the
information required by subdivision (b), and exemptions as to small
packages, shall be established in accordance with regulations adopted
pursuant to Sections 110100 and 110380.
110680. Any food is misbranded if its labeling or packaging does
not conform to the requirements of Chapter 4 (commencing with Section
110290).
110685. Any food is misbranded if it is offered for sale under the
name of another food, or if it is an imitation of another food for
which a definition and standard of identity has been established by
regulation and its label does not bear, in type of uniform size and
prominence the word "imitation," and immediately following, the name
of the food imitated.
110690. Any food is misbranded if its container is so made, formed,
or filled as to be misleading.
110695. Any food is misbranded if it is a confectionery and
contains alcohol in excess of 1/2 of 1 percent by weight and that
fact does not appear on the label for the food.
110700. Any food is misbranded if it is a potentially hazardous
processed food that is preserved by refrigeration at temperatures of
45 degrees Fahrenheit or lower and it is not conspicuously labeled
"Perishable Keep Refrigerated."
110705. Any food is misbranded if any word, statement, or other
information required pursuant to this part to appear on the label or
labeling is not prominently placed upon the label or labeling with
conspicuousness, as compared with other words, statements, designs,
or devices in the labeling and in terms as to render it likely to be
read and understood by the ordinary individual under customary
conditions of purchase and use.
110710. Any food is misbranded if it purports to be, or is
represented as, a food for which a definition and standard of
identity has been established under Section 110505 and the label
fails to bear the name of the food specified in the standard or
otherwise fails to conform to the definition and standard.
110715. Any food is misbranded if it purports to be, or is
represented as, a food for which a standard of quality or fill has
been prescribed by regulation under Section 110505 and its quality or
fill is below the standard unless its label bears, in a manner and
form as specified by regulation, a statement that it is below the
standard.
110720. Any food for which no standard of identity exists is
misbranded unless it bears a label clearly stating the common or
usual name of the food.
110725. (a) Any food fabricated from two or more ingredients is
misbranded unless it bears a label clearly stating the common or
usual name of each ingredient, and if the food purports to be a
beverage containing vegetable or fruit juice, a statement with
appropriate prominence on the information panel of the total
percentage of fruit or vegetable juice contained in the food. Any
spice, flavoring, or color not required to be certified under Section
110090, except any spice, flavoring, or color sold as such, may be
designated as spice, flavoring, or color without naming each.
(b) Exemptions may be established by the department, when
compliance with any requirement of this section is impractical or
results in deception or unfair competition.
(c) In adopting any regulations relating to this section, the
department shall take into consideration the current regulations
established by the Secretary of Health and Human Services under
authority contained in the federal act.
(d) Notwithstanding Section 110040 or any other provision of law,
as used in this section, the term "food" includes, but is not limited
to, meat. The term "food" does not, however, include any alcoholic
beverage.
(e) This section shall not apply to any food sold for consumption
on or off the premises of any restaurant in the course of its
business as a restaurant, or to any milk or dairy product.
110730. The requirements of Sections 110720 and 110725 do not apply
to any food that is packaged at the direction of retail purchasers
at the time of sale if the ingredients are disclosed to the
purchasers by other means in accordance with the regulations adopted
by the department.
110735. Any food is misbranded if it purports to be, or is
represented, for special dietary uses as prescribed by regulation
under Section 110095 and its label does not bear information
concerning any vitamin or mineral content, or other dietary property
as the department prescribes, by regulation, as necessary to fully
inform purchasers as to the food's value for that use.
110740. Any food is misbranded if it bears or contains any
artificial flavoring, artificial coloring, or chemical preservative,
unless its labeling states that fact. Exemptions may be established
by the department.
110745. Any food is misbranded if it is intended as a component of
another food and when used in accordance with the directions of the
purveyor, it will result in the final food being adulterated or
misbranded.
110750. Any food is misbranded if it is a color additive and it is
not in conformity with the requirements for color additives
prescribed under the provisions of Section 110090.
110755. Any food is misbranded if its packaging or labeling is in
violation of an applicable regulation issued pursuant to Section
108685 or 108700.
110760. It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is misbranded.
110765. It is unlawful for any person to misbrand any food.
110770. It is unlawful for any person to receive in commerce any
food that is misbranded or to deliver or proffer for delivery any
such food.
110775. It is unlawful for any person to alter, mutilate, destroy,
obliterate, or remove the label, or any part of the labeling, of any
food if the act results in the food being misbranded.
110790. Any food intended for export shall not be deemed to be
misbranded under this part if it satisfies all of the following
requirements:
(a) It accords to the specifications of the foreign purchaser.
(b) It is not in conflict with the laws of the importing country.
(c) It is labeled on the outside of the shipping package to show
that it is intended for export.
If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
110795. (a) The department may adopt regulations that name and
describe the characteristics of salmon and any other fish or other
seafood it considers appropriate. The department shall consult with
the Department of Fish and Game, the Joint Committee on Fisheries and
Aquaculture, consumers, commercial fishermen, aquaculturists, and
seafood processors, wholesalers, restaurateurs, and other retailers
before adopting these regulations. The department shall not adopt any
regulation that conflicts with the common name of any fish
designated by the Department of Fish and Game pursuant to Section
8023 of the Fish and Game Code.
(b) In addition to the consultations required by subdivision (a),
the department shall consult and seek the recommendations of the
groups named in that subdivision concerning the possible need for, or
desirability of, any further legislation or regulations affecting
seafood labeling.
(c) No regulation adopted pursuant to this section shall deviate
from a pertinent United States standard where the fish or seafood
product specified is packed or processed as a standardized product
under a United States standard.
(d) Nothing in this section or in regulations adopted pursuant to
this section shall be construed to require the use of more than the
common family name of any fish or seafood by any restaurant in menus
or advertisements.
110800. (a) Any label of any retail cut of beef, veal, lamb, or
pork held for sale in a retail food production and marketing
establishment or a frozen food locker plant shall clearly identify
the species (beef, veal, lamb, or pork) and the primal cut from which
it is derived, and the retail name.
This section shall not apply to ground beef or hamburger, boneless
stewing meat, cubed steaks, sausage, or soupbones.
(b) "Primal cuts" include only the following in the various
species:
Beef Veal Lamb Pork
Chuck Shoulder Shoulder Shoulder
Rib Rib Rib --
Loin Loin Loin Loin
Shank Shank Shank --
Brisket Breast Breast --
Plate Breast Breast --
Flank Flank -- --
Round Round or leg Leg Leg or ham
Cuts derived from other than the above primal cuts need only show
species and the retail name.
(c) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any retail cut of beef that
is labeled in violation of this section.
110805. (a) Except as otherwise provided in this section, no
chopped or ground beef or hamburger that is offered for sale in any
retail food production and marketing establishment or frozen food
locker plant shall be advertised, labeled, or otherwise held out in
any manner to describe or suggest its quality or relative leanness or
fat content unless the label, advertisement, or other representation
accurately discloses the maximum fat content thereof by the
designation "Does not exceed __ percent fat". However, in no case
shall the fat content of any chopped or ground beef or hamburger
exceed 30 percent fat, except in no case shall the fat content exceed
26 percent in the case of chopped or ground beef or hamburger
processed from the primal cut of chuck when the primal cut
designation is being used.
(b) No designation such as, but not limited to, "lean," "super
lean," "premium," "deluxe" or similar terms descriptive of quality,
leanness, or fat content shall be included on the label unless the
label also contains a fat-weight designation as specified in
subdivision (a). However, as an alternative to including the
fat-weight designation on the label, the fat-weight designation
required by this section may be disclosed by means of a sign placed
immediately adjacent to the counter on which the chopped or ground
beef or hamburger is displayed. This sign shall be within plain view
of prospective purchasers and shall display the appropriate
designation specified in subdivision (a) in boldface print.
(c) Chopped or ground beef or hamburger that is processed from
primal cuts of round or sirloin shall not be required to disclose the
maximum fat content if there is no reference to leanness or other
quality designation relating to fat content other than the primal cut
from which the product is derived. If there is a reference to
leanness or any other quality designation relating to fat content,
the maximum fat designation shall be a fat-weight designation as
specified in subdivision (a).
(d) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any chopped or ground beef
or hamburger that is labeled in violation of this section.
110660. Any food is misbranded if its labeling is false or
misleading in any particular.
110661. Any food is misbranded if it is manufactured, packed, or
held in this state in a food processing facility not duly registered
as provided in this part, except for food from facilities exclusively
storing, handling, or processing dry beans.
110665. Any food is misbranded if its labeling does not conform
with the requirements for nutrition labeling as set forth in Section
403(q) (21 U.S.C. Sec. 343(q)) of the federal act and the regulations
adopted pursuant thereto. Any food exempted from those requirements
under the federal act shall also be exempt under this section.
110670. Any food is misbranded if its labeling does not conform
with the requirements for nutrient content or health claims as set
forth in Section 403(r) (21 U.S.C. Sec. 343(r)) of the federal act
and the regulations adopted pursuant thereto. Any food exempted from
those requirements under the federal act shall also be exempt under
this section.
110673. Any food is misbranded if its labeling does not conform
with the requirements for food allergen labeling as set forth in
Section 403(w) of the federal act (21 U.S.C. Sec. 343(w)) and the
regulations adopted pursuant thereto. Any food exempted from those
requirements under the federal act, shall also be exempt under this
section.
110675. Any food is misbranded if it is in package form, unless it
bears a label containing all of the following information:
(a) The name and place of business of the manufacturer, packer, or
distributor.
(b) An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count.
Reasonable variations from the requirements of subdivision (b)
shall be permitted. Requirements for placement and prominence of the
information required by subdivision (b), and exemptions as to small
packages, shall be established in accordance with regulations adopted
pursuant to Sections 110100 and 110380.
110680. Any food is misbranded if its labeling or packaging does
not conform to the requirements of Chapter 4 (commencing with Section
110290).
110685. Any food is misbranded if it is offered for sale under the
name of another food, or if it is an imitation of another food for
which a definition and standard of identity has been established by
regulation and its label does not bear, in type of uniform size and
prominence the word "imitation," and immediately following, the name
of the food imitated.
110690. Any food is misbranded if its container is so made, formed,
or filled as to be misleading.
110695. Any food is misbranded if it is a confectionery and
contains alcohol in excess of 1/2 of 1 percent by weight and that
fact does not appear on the label for the food.
110700. Any food is misbranded if it is a potentially hazardous
processed food that is preserved by refrigeration at temperatures of
45 degrees Fahrenheit or lower and it is not conspicuously labeled
"Perishable Keep Refrigerated."
110705. Any food is misbranded if any word, statement, or other
information required pursuant to this part to appear on the label or
labeling is not prominently placed upon the label or labeling with
conspicuousness, as compared with other words, statements, designs,
or devices in the labeling and in terms as to render it likely to be
read and understood by the ordinary individual under customary
conditions of purchase and use.
110710. Any food is misbranded if it purports to be, or is
represented as, a food for which a definition and standard of
identity has been established under Section 110505 and the label
fails to bear the name of the food specified in the standard or
otherwise fails to conform to the definition and standard.
110715. Any food is misbranded if it purports to be, or is
represented as, a food for which a standard of quality or fill has
been prescribed by regulation under Section 110505 and its quality or
fill is below the standard unless its label bears, in a manner and
form as specified by regulation, a statement that it is below the
standard.
110720. Any food for which no standard of identity exists is
misbranded unless it bears a label clearly stating the common or
usual name of the food.
110725. (a) Any food fabricated from two or more ingredients is
misbranded unless it bears a label clearly stating the common or
usual name of each ingredient, and if the food purports to be a
beverage containing vegetable or fruit juice, a statement with
appropriate prominence on the information panel of the total
percentage of fruit or vegetable juice contained in the food. Any
spice, flavoring, or color not required to be certified under Section
110090, except any spice, flavoring, or color sold as such, may be
designated as spice, flavoring, or color without naming each.
(b) Exemptions may be established by the department, when
compliance with any requirement of this section is impractical or
results in deception or unfair competition.
(c) In adopting any regulations relating to this section, the
department shall take into consideration the current regulations
established by the Secretary of Health and Human Services under
authority contained in the federal act.
(d) Notwithstanding Section 110040 or any other provision of law,
as used in this section, the term "food" includes, but is not limited
to, meat. The term "food" does not, however, include any alcoholic
beverage.
(e) This section shall not apply to any food sold for consumption
on or off the premises of any restaurant in the course of its
business as a restaurant, or to any milk or dairy product.
110730. The requirements of Sections 110720 and 110725 do not apply
to any food that is packaged at the direction of retail purchasers
at the time of sale if the ingredients are disclosed to the
purchasers by other means in accordance with the regulations adopted
by the department.
110735. Any food is misbranded if it purports to be, or is
represented, for special dietary uses as prescribed by regulation
under Section 110095 and its label does not bear information
concerning any vitamin or mineral content, or other dietary property
as the department prescribes, by regulation, as necessary to fully
inform purchasers as to the food's value for that use.
110740. Any food is misbranded if it bears or contains any
artificial flavoring, artificial coloring, or chemical preservative,
unless its labeling states that fact. Exemptions may be established
by the department.
110745. Any food is misbranded if it is intended as a component of
another food and when used in accordance with the directions of the
purveyor, it will result in the final food being adulterated or
misbranded.
110750. Any food is misbranded if it is a color additive and it is
not in conformity with the requirements for color additives
prescribed under the provisions of Section 110090.
110755. Any food is misbranded if its packaging or labeling is in
violation of an applicable regulation issued pursuant to Section
108685 or 108700.
110760. It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is misbranded.
110765. It is unlawful for any person to misbrand any food.
110770. It is unlawful for any person to receive in commerce any
food that is misbranded or to deliver or proffer for delivery any
such food.
110775. It is unlawful for any person to alter, mutilate, destroy,
obliterate, or remove the label, or any part of the labeling, of any
food if the act results in the food being misbranded.
110790. Any food intended for export shall not be deemed to be
misbranded under this part if it satisfies all of the following
requirements:
(a) It accords to the specifications of the foreign purchaser.
(b) It is not in conflict with the laws of the importing country.
(c) It is labeled on the outside of the shipping package to show
that it is intended for export.
If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
110795. (a) The department may adopt regulations that name and
describe the characteristics of salmon and any other fish or other
seafood it considers appropriate. The department shall consult with
the Department of Fish and Game, the Joint Committee on Fisheries and
Aquaculture, consumers, commercial fishermen, aquaculturists, and
seafood processors, wholesalers, restaurateurs, and other retailers
before adopting these regulations. The department shall not adopt any
regulation that conflicts with the common name of any fish
designated by the Department of Fish and Game pursuant to Section
8023 of the Fish and Game Code.
(b) In addition to the consultations required by subdivision (a),
the department shall consult and seek the recommendations of the
groups named in that subdivision concerning the possible need for, or
desirability of, any further legislation or regulations affecting
seafood labeling.
(c) No regulation adopted pursuant to this section shall deviate
from a pertinent United States standard where the fish or seafood
product specified is packed or processed as a standardized product
under a United States standard.
(d) Nothing in this section or in regulations adopted pursuant to
this section shall be construed to require the use of more than the
common family name of any fish or seafood by any restaurant in menus
or advertisements.
110800. (a) Any label of any retail cut of beef, veal, lamb, or
pork held for sale in a retail food production and marketing
establishment or a frozen food locker plant shall clearly identify
the species (beef, veal, lamb, or pork) and the primal cut from which
it is derived, and the retail name.
This section shall not apply to ground beef or hamburger, boneless
stewing meat, cubed steaks, sausage, or soupbones.
(b) "Primal cuts" include only the following in the various
species:
Beef Veal Lamb Pork
Chuck Shoulder Shoulder Shoulder
Rib Rib Rib --
Loin Loin Loin Loin
Shank Shank Shank --
Brisket Breast Breast --
Plate Breast Breast --
Flank Flank -- --
Round Round or leg Leg Leg or ham
Cuts derived from other than the above primal cuts need only show
species and the retail name.
(c) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any retail cut of beef that
is labeled in violation of this section.
110805. (a) Except as otherwise provided in this section, no
chopped or ground beef or hamburger that is offered for sale in any
retail food production and marketing establishment or frozen food
locker plant shall be advertised, labeled, or otherwise held out in
any manner to describe or suggest its quality or relative leanness or
fat content unless the label, advertisement, or other representation
accurately discloses the maximum fat content thereof by the
designation "Does not exceed __ percent fat". However, in no case
shall the fat content of any chopped or ground beef or hamburger
exceed 30 percent fat, except in no case shall the fat content exceed
26 percent in the case of chopped or ground beef or hamburger
processed from the primal cut of chuck when the primal cut
designation is being used.
(b) No designation such as, but not limited to, "lean," "super
lean," "premium," "deluxe" or similar terms descriptive of quality,
leanness, or fat content shall be included on the label unless the
label also contains a fat-weight designation as specified in
subdivision (a). However, as an alternative to including the
fat-weight designation on the label, the fat-weight designation
required by this section may be disclosed by means of a sign placed
immediately adjacent to the counter on which the chopped or ground
beef or hamburger is displayed. This sign shall be within plain view
of prospective purchasers and shall display the appropriate
designation specified in subdivision (a) in boldface print.
(c) Chopped or ground beef or hamburger that is processed from
primal cuts of round or sirloin shall not be required to disclose the
maximum fat content if there is no reference to leanness or other
quality designation relating to fat content other than the primal cut
from which the product is derived. If there is a reference to
leanness or any other quality designation relating to fat content,
the maximum fat designation shall be a fat-weight designation as
specified in subdivision (a).
(d) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any chopped or ground beef
or hamburger that is labeled in violation of this section.
