PART 3. RISK REDUCTION [104350. - 104895.]
Part 3 added by Stats. 1995, Ch. 415, Sec. 5.
§§ 104350–104895 · 105 sections
CHAPTER 1. Tobacco Control §§ 104350–104559.5 · 49 sections
ARTICLE 1. Tobacco Use Prevention §§ 104350–104495 · 28 sections
- § 104350 (a) The Legislature finds and declares as follows: (1) Smoking is the single most important source of preventable disease and premature death in California.…
- § 104355 The following definitions shall apply to this article: (a) “Grantee” means any public or private nonprofit entity approved by the department or the State…
- § 104360 The following target populations, at a minimum, shall be the focus of the campaign implemented pursuant to this article: (a) School-age youth and their…
- § 104365 (a) There is hereby created the Tobacco Education and Research Oversight Committee in state government that shall advise the department and the State…
- § 104370 The committee shall be advisory to the department, the University of California, and State Department of Education for the following purposes: (a) Evaluation…
- § 104375 (a) To prevent tobacco-related diseases and diminish tobacco use, the department shall establish within the department a program on tobacco use and health to…
- § 104380 (a) Funds appropriated to the department for local lead agencies for purposes of this article shall be allocated prospectively, on a quarterly basis in…
- § 104385 (a) The department shall award and administer grants for projects directed at the prevention of tobacco-related diseases. The purpose of the grant program is…
- § 104390 (a) The department may provide program support services to local tobacco use prevention programs, that shall include, but need not be limited to, all of the…
- § 104395 The department shall expand the Child Health and Disability Prevention (CHDP) Program contained in Article 6 (commencing with Section 124025) of Chapter 3 of…
- § 104400 (a) (1) Except as provided in paragraph (2), each county health department or city health department as provided in Section 16800 of the Welfare and…
- § 104405 Local lead agencies shall obtain the involvement and participation of local community organizations with special experience and expertise in community health…
- § 104410 The following goals and priorities shall govern funding services provided under this article pursuant to local plans: (a) The provisions of preventive health…
- § 104415 (a) Local lead agencies shall attempt to ensure that preventive education against tobacco use for targeted populations is provided in a way that reaches all…
- § 104420 The State Department of Education shall provide the leadership for the successful implementation of this article in programs administered by local public and…
- § 104430 (a) The State Department of Education shall make available funds appropriated to it from the Health Education Account in the Cigarette and Tobacco Products…
- § 104435 County offices of education that receive funds pursuant to subdivision (l) of Section 104420 shall do all of the following: (a) Provide technical assistance…
- § 104440 Local lead agencies shall be ineligible for awards under the competitive grants program, unless the local lead agency is participant within a consortium of…
- § 104445 In awarding grants under the competitive grants program, the department shall give preference to all of the following: (a) Nonprofit or community-based…
- § 104450 (a) The State Department of Education shall develop a common reporting format for districts receiving tobacco-use-prevention funds under this article. (b) The…
- § 104455 The State Department of Education shall monitor and ensure implementation of district and county offices of education tobacco-free policies and tobacco-use…
- § 104460 (a) Each school district receiving funds from the Cigarette and Tobacco Products Surtax Fund shall make all of the following services available to every…
- § 104465 (a) The department may annually set aside three million dollars ($3,000,000) appropriated for the purposes of the competitive grants program established…
- § 104466 Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2002 and any other provision of law, commencing with the appropriation for the 2002–03…
- § 104470 The State Department of Education shall make periodic reports to the committee regarding the status and funding of tobacco education programs funded under this…
- § 104475 There is hereby created under the authority of the Controller the Tobacco Education Fund.
- § 104480 All guidelines, criteria, standards, and requirements specified in this article are exempt from the requirements of Chapter 3.5 (commencing with Section 11340)…
- § 104495 (a) For the purposes of this section, the following definitions shall govern: (1) “Playground” means any park or recreational area specifically designed to be…
ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program §§ 104500–104545 · 10 sections
- § 104500 (a) (1) The Legislature finds that the efforts to reduce smoking in California have led to a drop in the consumption of tobacco. Although not on target to meet…
- § 104505 The Legislature hereby requests the University of California to continue to administer a comprehensive grant program to support research efforts related to the…
- § 104510 For the purposes of this article: (a) “Grantee” means any qualifying public, private, or nonprofit agency or individual including, but not limited to,…
- § 104515 It is the intent of the Legislature that the university establish a scientific advisory committee to provide advice to the president of the university as to…
- § 104520 It is the intent of the Legislature that the university utilize peer review panels modeled upon the National Institutes of Health peer review process to review…
- § 104525 Research projects funded under this article may include, but are not limited to: (a) Individual investigator-generated grants. These grants may be awarded to…
- § 104530 It is the intent of the Legislature that the university, as lead agency, do all of the following: (a) Provide overall direction and coordination of the…
- § 104535 It is the intent of the Legislature that projects funded under this article be reimbursed for actual costs, including direct costs and indirect costs incurred…
- § 104540 It is the intent of the Legislature that no more than 5 percent of the Research Account be used for the purposes of the administration of this article.
- § 104545 No provision of this article shall apply to the University of California unless the regents of the university, by resolution, make that provision so applicable.
ARTICLE 3. Cigar Labeling §§ 104550–104552 · 3 sections
- § 104550 (a) Each manufacturer or importer of cigars shall place, or cause to be placed, labels bearing one of the following warnings on each retail package of cigars…
- § 104551 For purposes of this article, “manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or…
- § 104552 To the extent this article conflicts with any federal provision enacted subsequent to the effective date of this article that requires cigar manufacturers and…
ARTICLE 3. Master Settlement Agreement §§ 104555–104558 · 5 sections
- § 104555 The Legislature finds and declares all of the following: (a) Cigarette smoking presents serious public health concerns to the state and to the citizens of the…
- § 104556 The definitions contained in this section shall govern the construction of this article. (a) “Adjusted for inflation” means increased in accordance with the…
- § 104557 (a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer or similar… see note
- § 104557.1 (a) Notwithstanding subdivision (b) of Section 104557, a tobacco product manufacturer that elects to place funds into escrow pursuant to paragraph (2) of…
- § 104558 (a) In order to secure and protect the moneys to be received as a result of the Master Settlement Agreement, as defined in subdivision (e) of Section 104556,…
ARTICLE 4. Tobacco Use Prohibition § 104559 · 1 section
- § 104559 (a) The use of tobacco and nicotine products is prohibited at any time in a county office of education, charter school or school district-owned or leased…
ARTICLE 4.5. Unflavored Tobacco § 104559.1 · 1 section
- § 104559.1 (a) The Attorney General shall establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a…
ARTICLE 5. Tobacco Sale Prohibition § 104559.5 · 1 section
- § 104559.5 (a) For purposes of this section, the following definitions apply: (1) “Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer…
CHAPTER 1.5. Comprehensive Perinatal Outreach Program §§ 104560–104569 · 10 sections
- § 104560 There is established in the state department a comprehensive perinatal outreach program.
- § 104561 A county or city and county may contract with the state department to provide perinatal program coordination, patient advocacy, and expanded access services…
- § 104562 A county that contracts with the state department for the provision of public health services may contract with the state department for the services described…
- § 104563 A county contracting with the state department pursuant to this program shall supply, at a minimum, the following information: (a) The county’s perinatal…
- § 104564 A county participating in this program shall maintain the following services, supported by this program or from other sources, to the extent funds are…
- § 104565 (a) Health education services shall be an integral part of each county’s program pursuant to Section 104564 to provide coordinated services to pregnant and…
- § 104566 Funds from the Cigarette and Tobacco Products Surtax Fund may be used in combination with funds from other sources if the services provided to each person are…
- § 104567 The program shall develop protocols, procedures, instructional materials, inservice training, data collection formats and requirements, and reimbursement…
- § 104568 For purposes of this chapter, “outreach” includes, but is not limited to, coordinated local systems of care-providing pregnancy testing, screening for risk…
- § 104569 Funds appropriated for purposes of this program for a fiscal year shall be available for expenditure without regard to fiscal year.
CHAPTER 2. Nutrition §§ 104575–104667 · 15 sections
ARTICLE 1. California Nutrition Monitoring Development Act §§ 104575–104600 · 5 sections
- § 104575 This article shall be known and may be cited as the “California Nutrition Monitoring Development Act of 1986.”
- § 104580 The Legislature declares that the purposes of this article are to determine the availability and types of nutrition monitoring information that are currently…
- § 104585 (a) The department shall assess the availability and adequacy of existing state and local food and nutrition data systems. All state departments and agencies…
- § 104590 (a) The department shall conduct a survey of state agencies and of counterpart local and private sector programs which now collect or use nutrition data or…
- § 104600 The department, using applicable state procedures, may contract for any of the services required by this article, in which case the contractor or contractors…
ARTICLE 2. “5 A Day—For Better Health” Program §§ 104650–104655 · 2 sections
- § 104650 (a) The department shall establish and implement, to the extent funds are available pursuant to subdivision (d) which are other than state general funds, a “5…
- § 104655 Notwithstanding any other provision of law, nothing shall operate to prohibit contributions to the program created pursuant to this article by organizations…
ARTICLE 3. Eating for Health §§ 104660–104667 · 8 sections
- § 104660 The purpose of this article is to facilitate and support the creation of health promoting eating environments in California. For purposes of this article, the…
- § 104661 (a) (1) For purposes of this article, except as provided in subdivision (b), “ultraprocessed food” or “UPF” means any food or beverage that contains a…
- § 104662 (a) For purposes of this article, the following definitions apply: (1) “Restricted school foods” means a food or beverage product that is not listed in…
- § 104664 (a) By no later than July 1, 2029, a school shall begin to phase out restricted school foods and ultraprocessed foods of concern. (b) Beginning July 1, 2032, a…
- § 104665 (a) On or before February 1, 2028, and on or before February 1 of each year thereafter through February 1, 2032, any vendor of food or food products to a…
- § 104665.05 (a) On or before July 1, 2028, and on or before July 1 of each year thereafter through July 1, 2032, the department, in consultation with the State Department…
- § 104666 This article does not prohibit a public entity from voluntarily enacting more stringent restrictions on ultraprocessed foods, restricted school foods, or…
- § 104667 (a) For purposes of this article, the department shall consult with the State Department of Education regarding compliance training and technical assistance…
CHAPTER 3. Oral Health §§ 104750–104865 · 26 sections
ARTICLE 2. State Oral Health Program §§ 104750–104765 · 6 sections
- § 104750 The department shall maintain a dental program including, but not limited to, the following: (a) Development of comprehensive dental health plans within the…
- § 104751 (a) The Office of Oral Health, in consultation with the Dental Board of California, the California Dental Association, California dental schools, and other…
- § 104755 The director shall appoint a dentist licensed in the State of California to administer the dental program.
- § 104760 Nothing in this article authorizes the department to compel dental examinations or services.
- § 104762 Within a public health setting or a public health program that is created or administered by a federal, state, or local governmental entity, any person may…
- § 104765 The department shall have the power to receive for the dental program any financial aid granted by any private, federal, state, district, or local or other…
ARTICLE 3. Dental Disease Prevention Programs §§ 104770–104825 · 12 sections
- § 104770 The Legislature finds that 95 percent of all children in California have dental disease in the form of dental caries and periodontal disease. Dental disease in…
- § 104775 A community dental disease prevention program may be offered to school children in preschool through sixth grade, and in classes for individuals with…
- § 104780 An advisory board, including representatives from education, dental professions, and parent groups shall be designated by the local sponsor to advise on dental…
- § 104785 The minimal standards of the community dental disease prevention program shall be determined by the department in accordance with the purposes of this article,…
- § 104790 The local health officer of each local health department interested in participating in the community dental disease prevention program, or his or her…
- § 104795 The department shall review the program proposals and approve programs that meet criteria established pursuant to Section 104785. The department shall,…
- § 104800 The local health officer or other sponsor may utilize or contract with, or both utilize and contract with, other local public and private nonprofit agencies,…
- § 104805 The State Department of Education shall assist the department in developing and evaluating educational programs in dental health and dental disease prevention.…
- § 104810 It shall be the responsibility of the governing board of each school district participating in the program and the governing authority of each private school…
- § 104815 No child shall receive a preventive agent as part of a program established pursuant to this article unless the child’s parent or guardian has given written…
- § 104820 The dental disease prevention program established by this article shall be funded according to customary budget procedures and shall only be implemented upon…
- § 104825 It is the intent of the Legislature that the program established by this article shall be placed in effect in the areas of greatest identified need as…
ARTICLE 4. Topical Dental Decay Inhibitors §§ 104830–104865 · 8 sections
- § 104830 Pupils of public and private elementary and secondary schools, except pupils of community colleges, shall be provided the opportunity to receive within the…
- § 104835 Treatment as specified in this article shall be evidenced by a written record made on a form prescribed by the department. A copy of the record shall be given…
- § 104840 The county health officer of each county shall organize and operate a program so that treatment is made available to all persons specified in Section 104830.…
- § 104845 The governing board of each school district and the governing authority of each private school shall cooperate with the county health officer in carrying out…
- § 104850 Treatment shall be provided for a person only if the parent or guardian or responsible relative or adult who has assumed responsibility for his or her care and…
- § 104855 The governing board of each school district and the governing authority of each private school shall distribute to each pupil’s parent or guardian or…
- § 104860 The department shall adopt and enforce all regulations necessary to carry out this article.
- § 104865 In enacting this article, it is the intent of the Legislature to provide a means for the eventual achievement of the topical application of fluoride or other…
CHAPTER 4. Diethylstilbesterol (DES) §§ 104875–104895 · 5 sections
- § 104875 For purposes of identifying persons who have been exposed to the potential hazards of diethylstilbestrol while pregnant or prenatally and of educating the…
- § 104880 The department shall identify at least one program for screening and follow-up care for each health service area for purposes of referral of persons exposed to…
- § 104885 The department may request and shall receive from any department, division, board, bureau, commission, or agency of the state or of any political subdivision…
- § 104890 The department shall present to the Legislature, on or before December 1, 1982, information on the diethylstilbestrol program.
- § 104895 It is the intention of the Legislature in enacting this chapter that funding for this program in subsequent fiscal years be through the normal budgetary…