CHAPTER 2. Administration

Chapter 2 added by Stats. 1995, Ch. 415, Sec. 6.

§§ 110045–110243 · 41 sections

1. ARTICLE 1. General §§ 110045–110135 · 21 sections

   • § 110045 The department shall administer and enforce this part.
   • § 110050 The Food Safety Fund is hereby created as a special fund in the State Treasury. All moneys collected by the department under subdivision (c) of Section 110466…
   • § 110055 All money collected by the department under Sections 111830, 111885, and 111905 shall be deposited into the State Treasury to the credit of the General Fund.
   • § 110060 The director and authorized agents of the department shall have the powers set forth in Sections 100165 and 106500.
   • § 110061 For the purposes of administering this part, Part 6 (commencing with Section 111940) of Division 104 of the Health and Safety Code, Section 104559.5 of the…
   • § 110065 (a) The department may adopt any regulations that it determines are necessary for the enforcement of this part. The regulations shall be adopted by the…
   • § 110070 Whenever public health or other considerations in this state require, the department may adopt, upon its own motion, or upon the petition of any interested…
   • § 110075 In adopting regulations, pursuant to Section 110070 of this part, the department shall consider all of the following factors that the petitioner shall furnish:…
   • § 110080 (a) All pesticide regulations and any amendments to these regulations adopted pursuant to the federal act or the Food and Agricultural Code, in effect on…
   • § 110085 All food additive regulations and any amendments to the regulations adopted pursuant to the federal act in effect on November 23, 1970, or adopted on or after…
   • § 110090 All color additive regulations and any amendments to the regulations adopted pursuant to the federal act, in effect on November 23, 1970, or adopted on or…
   • § 110095 All special dietary use regulations and any amendments to regulations adopted pursuant to the federal act, in effect on November 23, 1970, or adopted on or…
   • § 110100 (a) All food labeling regulations and any amendments to those regulations adopted pursuant to the federal act, in effect on January 1, 1993, or adopted on or…
   • § 110105 All good manufacturing practices regulations for any food, drug, device, or cosmetic and any amendments to the regulations adopted pursuant to the federal act…
   • § 110110 (a) All regulations relating to (1) new drug applications, except for abbreviated new drug applications, adopted pursuant to Section 505 of the federal act (21…
   • § 110111 All nonprescription drug regulations and any amendments to those regulations adopted pursuant to the federal act, that are in effect on January 1, 2000, or…
   • § 110115 A federal regulation adopted pursuant to this part takes effect in this state 30 days after it becomes effective as a federal regulation. Any person who will…
   • § 110120 If no substantial objections are received and no hearing is requested within 30 days after publication of a newly proposed state regulation, it shall take…
   • § 110125 If substantial objections are made to a federal regulation within 30 days prior to its becoming effective in this state or to a proposed regulation within 30…
   • § 110130 Hearings authorized or required by this part shall be conducted by the department or agent as the department may designate for that purpose.
   • § 110135 Before any alleged violation of this part is reported to the Attorney General, a district attorney, or a city attorney for the institution of a criminal…
2. ARTICLE 2. Inspection and Sampling §§ 110140–110165 · 6 sections

   • § 110140 For purposes of enforcement of this part, any authorized agent of the department may, upon presenting appropriate credentials and at a reasonable time, do any…
   • § 110145 The inspection authorized by Section 110140 shall not include any of the following: (a) Financial data. (b) Sales data, other than shipment data. (c) Pricing…
   • § 110150 An authorized agent of the department may secure any sample or specimen of any food, drug, device, or cosmetic. If the agent obtains any samples prior to…
   • § 110155 An authorized agent of the department shall have access to all records of carriers in commerce relating to the movement in commerce of any food, drug, device,…
   • § 110160 It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copying of any record as…
   • § 110165 It is unlawful for any person to use to his or her own advantage, or to reveal to any person other than to the director, officers, employees, or authorized…
3. ARTICLE 3. Publicity §§ 110170–110180 · 3 sections

   • § 110170 The department may publish reports summarizing all judgments and court orders that have been rendered under this part, including the nature of the charge and…
   • § 110175 The department may distribute information regarding any food, drug, device, or cosmetic as the department considers necessary for the protection of the health…
   • § 110180 The department may collect, report, or illustrate the results of any investigation of the department.
4. ARTICLE 4. Export Documents §§ 110190–110241 · 9 sections

   • § 110190 (a) Any person who ships to another state or country a food, drug, device, or cosmetic manufactured or produced in this state may request the department to…
   • § 110200 (a) Each export document issued by the department shall do all of the following: (1) Identify either or both of the following: (A) The name and place of…
   • § 110210 (a) Each person requesting the department to issue an export document shall pay nonreturnable fees as follows: (1) A one-time fee of one hundred dollars…
   • § 110220 (a) The department may refuse to accept any request where the information required to be submitted by this article is incomplete. (b) The department may refuse…
   • § 110225 It is unlawful for any person to knowingly supply the department with false material facts in a request for an export document or to falsely represent that the…
   • § 110230 Any person who has a valid registration, license, certificate, or permit issued by the department to manufacture or produce a food, drug, device, or cosmetic…
   • § 110235 (a) Each person requesting the department to issue an official copy of a valid registration, license, certificate, or permit shall pay nonreturnable fees as…
   • § 110240 There is established an Export Document Program Fund within the General Fund. All fees collected pursuant to Sections 110210 and 110235 shall be deposited into…
   • § 110241 All fees collected by the department pursuant to requests to conduct a voluntary medical device review shall be deposited into the Export Document Program Fund…
5. ARTICLE 5. California Rx Prescription Drug Web Site Program §§ 110242–110243 · 2 sections

   • § 110242 (a) The California Rx Prescription Drug Web Site Program is hereby established. (b) The State Department of Health Care Services shall administer the program.…
   • § 110243 (a) Contracts and change orders entered into pursuant to this article and any project or systems development notice shall be exempt from all of the following:…