PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875. - 111929.5.]
Part 5 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 109875–111929.5 · 542 sections
CHAPTER 1. General Provisions and Definitions §§ 109875–110040 · 43 sections
- § 109875 This part shall be known as the Sherman Food, Drug, and Cosmetic Law.
- § 109880 Unless the context otherwise requires, the definitions set forth in this article govern the construction of this part.
- § 109885 “Advertisement” means any representations, including, but not limited to, statements upon the products, its packages, cartons, and any other container,…
- § 109890 “Antibiotic drug” means any drug , except drugs for use in animals other than humans, composed in whole or in part of any form of penicillin, streptomycin,…
- § 109895 “Color additive” means a substance that satisfies both of the following requirements: (a) It is a dye, pigment, or other substance made by a process of…
- § 109900 “Cosmetic” means any article, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human…
- § 109905 “Counterfeit”, as used in respect to any food, drug, device, or cosmetic, means a food, drug, device, or cosmetic that bears or whose package or labeling…
- § 109910 “Department” means the State Department of Health Services.
- § 109915 “Director” means the State Director of Health Services.
- § 109920 “Device” means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any…
- § 109925 (a) “Drug” means any of the following: (1) An article recognized in an official compendium. (2) An article used or intended for use in the diagnosis, cure,…
- § 109930 “Federal act” means the federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. Sec. 301 et seq.).
- § 109935 “Food” means either of the following: (a) Any article used or intended for use for food, drink, confection, condiment, or chewing gum by man or other animal.…
- § 109940 “Food additive” means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in the substance…
- § 109945 “Food and drug inspector” means any authorized agent of the Bureau of Food and Drug of the department, who shall have the powers set forth in Section 106500.
- § 109947 “Food processing facility” means any facility operated for the purposes of manufacturing, packing, or holding processed food. Food processing facility does not…
- § 109948 (a) “Home medical device retail facility” is an area, place, or premises, other than a licensed pharmacy, in and from which prescription devices, home medical…
- § 109948.1 (a) “Home medical device services” means the delivery, installation, maintenance, replacement of, or instruction in the use of, home medical devices used by a…
- § 109950 “Immediate container” does not include any package liner.
- § 109951 “Infant formula” shall have the same definition as that term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(z)). The department shall…
- § 109955 “Label” means a display of written, printed, or graphic matter upon a food, drug, device, or cosmetic or upon its immediate container.
- § 109960 “Labeling” means any label or other written, printed, or graphic matter upon a food, drug, device, or cosmetic or upon its container or wrapper, or that…
- § 109965 “Local health department” means the health department of a city, county, city and county, or local health district that qualifies for state assistance pursuant…
- § 109970 “Manufacture” means the preparation, compounding, propagation, processing, or fabrication of any food, drug, device, or cosmetic. The term “manufacture”…
- § 109971 “Medical food” means any product that meets the definition of medical food in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee(b)(3)). The…
- § 109975 “New device” means any of the following: (a) Any device the composition, construction, or properties of which are such that the device is not generally…
- § 109980 “New drug” means either of the following: (a) Any drug the composition of which is such that the drug is not generally recognized, among experts qualified by…
- § 109985 “Official compendium” means the latest edition of the United States Pharmacopoeia, the latest edition of the Homeopathic Pharmacopoeia of the United States, or…
- § 109990 “Package” means any container or wrapper that may be used by a manufacturer, producer, jobber, packer, or dealer for enclosing or containing any food, drug,…
- § 109992 “Pasteurized in-shell eggs” means shell eggs that have been pasteurized by any method approved by the federal Food and Drug Administration, the Department of…
- § 109995 “Person” means any individual, firm, partnership, trust, corporation, limited liability company, company, estate, public or private institution, association,…
- § 110000 “Pesticide chemical” means any substance that alone, in chemical combination, or in formulation with one or more substances, is an “economic poison” within the…
- § 110005 “Potentially hazardous food” means any food capable of supporting growth of infectious or toxigenic micro-organisms when held at temperatures above 45 degrees…
- § 110010 “Prescription” means an oral order given individually for the patient for whom prescribed directly from the prescriber to the furnisher or indirectly by means…
- § 110010.1 “Prescription device” means any device limited to prescription use under Section 111470.
- § 110010.2 “Prescription drug” means any drug limited to prescription use under Section 111470.
- § 110015 “Principal display panel” means that part of a label most likely to be displayed, presented, shown, or examined under normal and customary conditions of…
- § 110020 “Raw agricultural commodity” means any food in its raw or natural state. It includes, but is not limited to, any fruit that is washed, colored, or otherwise…
- § 110025 (a) “Substantial evidence” means evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by…
- § 110030 The provisions of this part regarding the selling of any food, drug, device, or cosmetic include, but are not limited to, all of the following: (a) The…
- § 110035 All regulations pertaining to any food, drug, device, or cosmetic adopted by the department that are in effect on the effective date of this part shall remain…
- § 110036 All laws and regulations pertaining to industrial hemp products shall remain in effect until the adoption of regulations pursuant to the federal law that…
- § 110040 This part shall be so construed as to not be in conflict with the Food and Agricultural Code, or with the Alcoholic Beverage Control Act, Division 9…
CHAPTER 2. Administration §§ 110045–110243 · 41 sections
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…
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…
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.
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…
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:…
CHAPTER 3. Guarantees §§ 110245–110285 · 9 sections
- § 110245 No dealer shall be prosecuted under this part for a violation concerning any food, drug, device, or cosmetic that is contained in an original, unbroken, and…
- § 110250 The guarantee shall be dated prior to the date of sale of the food, drug, device, or cosmetic and it shall be signed by the wholesaler, jobber, manufacturer,…
- § 110255 A guarantee may be either a general guarantee or a special guarantee and shall be produced prior to the time of reporting an alleged violation to the Attorney…
- § 110260 A general guarantee shall guarantee without condition or restriction any food, drug, device, or cosmetic that is produced, prepared, compounded, packed,…
- § 110265 A special guarantee shall guarantee in the same manner as a general guarantee the particular food, drug, device, or cosmetic listed in an invoice of the food,…
- § 110270 All guarantees shall contain the name and address of the guarantor making the sale of food, drug, device, or cosmetic. A guarantee shall protect the person…
- § 110275 It is unlawful for any person to give a guarantee or undertaking that is false.
- § 110280 If the guarantee is to the effect that the food, drug, device, or cosmetic is not in violation within the meaning of the federal act, it shall be sufficient…
- § 110285 In any case where the department has adopted a regulation prescribing a tolerance, including, but not limited to, a zero tolerance, for a poisonous or…
CHAPTER 3.5. Expiration Dates § 110286 · 1 section
- § 110286 (a) A retailer shall not sell or offer for sale after the expiration date an over-the-counter drug. (b) Notwithstanding Section 111825, any retailer who…
CHAPTER 4. Packaging, Labeling,and Advertising §§ 110290–110423.101 · 40 sections
ARTICLE 1. General §§ 110290–110335 · 9 sections
- § 110290 In determining whether the labeling or advertisement of a food, drug, device, or cosmetic is misleading, all representations made or suggested by statement,…
- § 110295 The requirement that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or…
- § 110300 It is unlawful for any person to forge, counterfeit, simulate, falsely represent, or without proper authority use, any mark, stamp, tag, label, or other…
- § 110310 It is unlawful for any manufacturer, packer, or distributor of a prescription drug or device offered for sale in this state to fail to maintain for transmittal…
- § 110315 It is unlawful for any person, with the intent to deceive, to place, or cause to be placed upon any food, drug, device, or cosmetic, or its package, the trade…
- § 110320 It is unlawful for any person to sell, dispense, dispose of, hold, or conceal any food, drug, device, or cosmetic or its package, with knowledge that the trade…
- § 110325 It is unlawful for any person to possess, make, sell, dispose of, cause to be made, or conceal any punch, die, plate, or other device that may be used to…
- § 110330 It is unlawful for any person to do any act that causes any food, drug, device, or cosmetic to be a counterfeit, or to sell, dispense, or hold for sale or…
- § 110335 The department may adopt regulations exempting from any labeling or packaging requirements of this part any food, drug, device, or cosmetic that is in…
ARTICLE 2. Fair Packaging and Labeling §§ 110340–110385 · 11 sections
- § 110340 All labels of foods, drugs, devices, or cosmetics shall conform with the requirements of the declaration of net quantity of contents of Section 4 of the Fair…
- § 110345 The label of any package of a food, drug, device, or cosmetic that bears a representation as to the number of servings of the commodity contained in the…
- § 110350 It is unlawful for any person to distribute, or cause to be distributed, in commerce any packaged food, drug, device, or cosmetic if any qualifying words or…
- § 110355 Whenever the department determines that regulations containing prohibitions or requirements, other than those prescribed by Section 110340, are necessary to…
- § 110360 The department may establish and define standards for the characterization of the size of a package that encloses any food, drug, device, or cosmetic, that may…
- § 110365 The department may regulate the placement upon any package that contains any food, drug, device, or cosmetic or upon any label affixed to the article, of any…
- § 110370 The department may require that the label on each package of a food, drug, device, or cosmetic bear the common or usual name of the article, if any, and in…
- § 110371 (a) A professional cosmetic manufactured on or after July 1, 2020, for sale in this state shall have a label affixed on the container that satisfies all of the…
- § 110375 (a) No container wherein commodities are packed shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled,…
- § 110380 All regulations and their amendments pertaining to foods, drugs, devices, and cosmetics that are in effect on the effective date of this part, or that are…
- § 110385 It is unlawful for any person to distribute in commerce any food, drug, device, or cosmetic, if its packaging or labeling does not conform to the provisions of…
ARTICLE 3. Advertising §§ 110390–110420 · 11 sections
- § 110390 It is unlawful for any person to disseminate any false advertisement of any food, drug, device, or cosmetic. An advertisement is false if it is false or…
- § 110395 It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any food, drug, device, or cosmetic that is falsely advertised.
- § 110398 It is unlawful for any person to advertise any food, drug, device, or cosmetic that is adulterated or misbranded.
- § 110400 It is unlawful for any person to receive in commerce any food, drug, device, or cosmetic that is falsely advertised or to deliver or proffer for delivery any…
- § 110403 Except as otherwise provided in Section 110405, it is unlawful for a person to advertise a drug or device represented to have an effect in any of the following…
- § 110405 An advertisement that is not unlawful under Section 110390 is not unlawful under Section 110403 if it is either one of the following: (a) Disseminated only to…
- § 110407 (a) A manufacturer, distributor, or seller of an industrial hemp product shall not include on the label of the product, or publish or disseminate in…
- § 110410 Section 110403 shall not be construed as indicating that self-medication for conditions, disorders, or diseases other than those named is safe or efficacious.
- § 110413 No publisher, radio or television broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer,…
- § 110415 It shall be unlawful to advertise or otherwise represent chopped or ground beef or hamburger in violation of Section 110805.
- § 110420 (a) Any fragrance advertising insert contained in a newspaper, magazine, mailing, or other periodically printed material shall contain only microencapsulated…
ARTICLE 4. Dietary Supplement Labeling and Advertising §§ 110422–110422.5 · 2 sections
- § 110422 (a) Whenever a warning label is included on any product defined as a dietary supplement pursuant to Section 321(ff) of Title 21 of the United States Code, that…
- § 110422.5 Violation of this article by any person, as defined in Section 109995, shall constitute an infraction, punishable by a fine not to exceed the following: (a)…
ARTICLE 4. Dietary Supplements §§ 110423–110423.8 · 5 sections
- § 110423 (a) (1) The sale or distribution of any dietary supplement product containing ephedrine group alkaloids is prohibited unless the product label clearly and…
- § 110423.2 (a) It is a misdemeanor for any manufacturer, wholesaler, retailer, or other person, to sell, transfer, or otherwise furnish any of the following to a person…
- § 110423.4 (a) This article shall not apply to a licensed health care practitioner practicing within his or her scope of practice who prescribes, dispenses, or both,…
- § 110423.6 (a) Except as provided in subdivision (b), a retail establishment that sells, transfers, or otherwise furnishes a dietary supplement product in violation of…
- § 110423.8 Nothing in this article limits or restricts any rights, remedies, or duties otherwise applicable by law.
ARTICLE 4.5. Ephedrine Group Alkaloids §§ 110423.100–110423.101 · 2 sections
- § 110423.100 Notwithstanding Article 4 (commencing with Section 110423), the sale or distribution of any dietary supplement products containing ephedrine group alkaloids is…
- § 110423.101 This article shall not apply, but Article 4 (commencing with Section 110423) shall apply, to any of the following: (a) A California licensed health care…
CHAPTER 4.5. Prenatal Multivitamins §§ 110424–110424.3 · 4 sections
- § 110424 For purposes of this chapter, the following definitions apply: (a) “Brand owner” means the person who owns or licenses the trademark that is the most prominent…
- § 110424.1 (a) Commencing January 1, 2027, a manufacturer of a bulk prenatal multivitamin product or a packaged prenatal multivitamin product that is sold, manufactured,…
- § 110424.2 Commencing January 1, 2027, a brand owner of a packaged prenatal multivitamin product that is sold, manufactured, delivered, held, or offered for sale in the…
- § 110424.3 A person shall not sell in the state or manufacture, deliver, hold, or offer for sale in the state a prenatal multivitamin, including, without limitation, a…
CHAPTER 5. Food §§ 110425–111224.6 · 199 sections
ARTICLE 1. Generally §§ 110425–110455 · 7 sections
- § 110425 Beer, that is subject to the Alcoholic Beverage Control Act, Division 9 (commencing with Section 23000) of the Business and Professions Code, shall only be…
- § 110430 Whenever the department finds that a class of food distributed in this state may, by reason of contamination with micro-organisms during manufacture, packing,…
- § 110435 The department may suspend immediately, upon written or oral notice, any permit issued pursuant to Section 110430 if it is found that any of the conditions of…
- § 110440 Any authorized agent of the department shall have access to any factory or establishment that operates under permit from the department for the purpose of…
- § 110445 Any added poisonous or deleterious substance, or any food additive, pesticide chemical, preservative, or color additive, shall be considered unsafe for use…
- § 110450 On or before September 1, 1985, the department shall, within the limits of available resources, prepare and submit to the Legislature a program for detecting…
- § 110455 (a) On or before July 1, 1990, the department shall commence and maintain a program for monitoring processed foods for pesticide residues, chemicals, microbes,…
ARTICLE 2. Registration §§ 110460–110495 · 17 sections
- § 110460 No person shall engage in the manufacture, packing, or holding of any processed food in this state unless the person has a valid registration from the…
- § 110461 It is unlawful for any person to manufacture, pack, or hold processed food in this state unless in a food processing facility duly registered, as provided in…
- § 110462 It is unlawful for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed in the…
- § 110465 A separate registration is required for each place of manufacture, packing, or holding.
- § 110466 (a) Commencing January 1, 2000, the department shall use the resources provided by the registration fees assessed by this article to inspect new and registered…
- § 110467 Any violation of any provision of this part or any regulation adopted pursuant to this part shall be grounds for denying a registration or for suspending or…
- § 110469 (a) A wholesale food manufacturing facility that manufactures products that contain industrial hemp shall be registered in accordance with Section 110460 and…
- § 110470 A registration application provided by the department shall be completed annually and accompanied by a nonreturnable registration fee. The fee for a new or…
- § 110471 (a) Commencing January 1, 2006, the department shall make a one-time 15 percent cost-of-living adjustment to the registration fees established in Section…
- § 110472 The department, in consultation with the California Conference of Directors of Environmental Health (CCDEH), representatives of the food processing industry,…
- § 110473 Notwithstanding the requirements of Section 110470, any person who is required to be registered under this chapter and is operating the food processing…
- § 110474 Nothing in this chapter shall relieve a person who has a valid registration to manufacture, pack, or hold processed food issued by the department from any…
- § 110475 Any person registered pursuant to this article shall immediately notify the department of any change in the information reported on the registration…
- § 110480 (a) The registration requirements of this article do not apply to a person whose manufacturing, packing, or holding of processed food is limited solely to…
- § 110485 (a) Every person who is engaged in the manufacture, packing, or holding of processed food in this state shall pay a food safety fee of one hundred dollars…
- § 110490 (a) A laboratory that performs analyses of foods for pesticide chemical residues for other persons shall be accredited pursuant to Article 3 (commencing with…
- § 110495 (a) Every laboratory or other person which performs or which brokers or otherwise arranges for the performance of pesticide chemical analysis on food shall…
ARTICLE 3. Standard of Identity, Quality, and Fill §§ 110505–110525 · 5 sections
- § 110505 Definitions and standards of identity, quality, and fill of container, and any amendments to the definitions and standards, adopted pursuant to the federal act…
- § 110510 In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall designate…
- § 110515 A temporary permit which is granted by the Food and Drug Administration of the Department of Health, Education and Welfare of the United States for interstate…
- § 110520 Definitions and standards of identity and quality for distilled spirits and their amendments adopted by the Internal Revenue Service of the Treasury Department…
- § 110525 The department may, by regulation, establish definitions and standards of identity and quality for wine. Such definitions and standards may incorporate in…
ARTICLE 4. Enrichment of Food and Food Products §§ 110530–110535 · 3 sections
- § 110530 When a definition and standard of identity for an enriched food has been established pursuant to Section 110505, only the enriched form of the food shall be…
- § 110531 (a) (1) Commencing January 1, 2026, corn masa flour manufactured, sold, delivered, distributed, held, offered for sale, or used as an ingredient in the…
- § 110535 The nonenriched form of a food identified and standardized pursuant to Section 110505 may be used as an ingredient of another food only if it comprises less…
ARTICLE 5. Adulterated Food §§ 110545–110655 · 26 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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,…
- § 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…
- § 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.
- § 110611 A dietary supplement, food, or beverage is not adulterated by the inclusion of cannabidiol (CBD) or cannabinol (CBN) isolate derived from industrial hemp, as…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 6. Misbranded Food §§ 110660–110805 · 31 sections
- § 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…
- § 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…
- § 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.…
- § 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…
- § 110674 Any food is misbranded if its labeling does not conform with the requirements for pasteurized in-shell egg labeling as set forth in Section 27644.5 of the Food…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 110740 Any food is misbranded if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless its labeling states that fact.…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 6.5. Recalled Food §§ 110806–110807 · 2 sections
ARTICLE 7. The California Organic Food and Farming Act §§ 110810–110959 · 40 sections
- § 110810 This article shall be known, and may be cited as, the California Organic Food and Farming Act.
- § 110811 This article shall be interpreted in conjunction with Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code and the…
- § 110812 The director shall enforce regulations promulgated by the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C.…
- § 110815 Unless otherwise defined pursuant to the National Organic Program, the following words and phrases, when used in this article, shall have the following…
- § 110818 Water, including substances dissolved in water, shall not be a prohibited material, even if it contains incidental contamination from a prohibited material, if…
- § 110820 Except as otherwise provided in this article, no product shall be sold as organic pursuant to this article unless it is produced according to regulations…
- § 110825 Materials acceptable in this state are those outlined by regulations promulgated by the NOP and the provisions of this article.
- § 110827 No aquaculture, fish, or seafood product, including, but not limited to, farmed and wild caught species, shall be labeled or represented as “organic” until…
- § 110830 (a) No product handled, processed, sold, advertised, represented, or offered for sale in this state, shall be sold as organic unless it also is prominently…
- § 110835 The director may adopt regulations allowing or prohibiting the use of substances in the processing of products that are exempt or excluded from certification…
- § 110838 (a) Cosmetic products sold, labeled, or represented as organic or made with organic ingredients shall contain, at least 70 percent organically produced…
- § 110839 Multi-ingredient cosmetic products sold as organic in California with less than 70 percent organically produced ingredients, by weight or by fluid volume,…
- § 110840 (a) All persons who handle products sold as organic shall keep accurate and specific records of the following: (1) Except when sold to the consumer, the name…
- § 110845 (a) Notwithstanding any other provision of law, any producer, handler, processor, or retailer of products sold as organic shall immediately make available for…
- § 110850 (a) Following initial United States Department of Agriculture accreditation of certifying agents as provided in Section 6514 of Title 7 of the United States…
- § 110855 Prior to initial certification of a producer, a registered certification organization shall conduct at least one initial physical inspection of the premises…
- § 110860 (a) A registered certification organization shall no less often than, at the end of each calendar quarter, prepare a list by name of all persons whose…
- § 110865 A registered certification organization shall adopt and adhere to a certification plan filed annually and made publicly available. Except in the case of a…
- § 110870 Only products that have been handled and processed in accordance with this article may be certified by a registered certification organization.
- § 110875 (a) Every person engaged in this state in the processing or handling of processed products for human consumption, including dietary supplements, alcoholic…
- § 110880 This article shall apply to all products sold as organic within the state, wherever produced, handled, or processed, and to all products produced, that are…
- § 110885 This article shall not apply to the term “natural” when used in the labeling or advertising of a product.
- § 110890 (a) It is unlawful for any person to sell, offer for sale, advertise, or label any product in violation of this article. (b) Notwithstanding subdivision (a), a…
- § 110895 (a) It is unlawful for any person to certify products in violation of this article. (b) It is unlawful for any person to certify products as organic unless…
- § 110900 (a) It is unlawful for any person to produce, handle, or process products sold as organic unless duly registered pursuant to Section 110875. (b) It is unlawful…
- § 110905 It is unlawful for any person to forge, falsify, fail to retain, fail to obtain, or fail to disclose records pursuant to Sections 110840 and 110845.
- § 110910 It is unlawful for any person to do any of the following: (a) Advertise, label, or otherwise represent that any fertilizer or pesticide chemical may be used in…
- § 110915 (a) In lieu of prosecution, the director may levy a civil penalty against any person who violates this article, any regulation adopted pursuant to this…
- § 110920 No fee established and collected pursuant to this article shall exceed the department’s costs of regulating and enforcing the provisions of this article…
- § 110925 Any fees and civil penalties collected pursuant to this article shall be deposited in the General Fund and, upon appropriation by the Legislature, shall be…
- § 110930 The director shall, to the extent funds are available, enforce this article applicable to all processors and handlers of processed products sold as organic,…
- § 110935 The director shall maintain in a central location, and make publicly available for inspection and copying, upon request, a list of all penalties levied within…
- § 110940 (a) Any person may file a complaint with the director concerning suspected noncompliance with this article by a person over whom the director has…
- § 110945 This article shall apply notwithstanding any other provision of law that is inconsistent with this article. Nothing in this article is intended to repeal any…
- § 110950 The director may adopt any regulations as are reasonably necessary to assist in the implementation of, or to make more specific, the provisions of, this…
- § 110955 Any reference in law to former Section 26569.11, whether existing or hereinafter enacted, shall be interpreted to refer to this article and Chapter 10…
- § 110956 (a) All organic product regulations and any amendments to those regulations adopted pursuant to the NOP, that are in effect on the date this bill is enacted or…
- § 110957 It shall be unlawful for a person to represent in advertising or labeling that the person or the products of the person are registered pursuant to this article.
- § 110958 Annually, the director shall compile and publish and submit to the California Organic Products Advisory Committee a summary of information collected under…
- § 110959 Beginning January 1, 2003, the director shall conduct a program of spot inspections of persons required to register pursuant to Section 110875 to verify…
ARTICLE 8. Potentially Hazardous Food § 110960 · 1 section
- § 110960 Except as provided in Section 113995, it is unlawful for any person to transport, hold, or display any potentially hazardous refrigerated food at any…
ARTICLE 8.5. Baby Food §§ 110962–110963 · 2 sections
- § 110962 (a) For purposes of this section, the following definitions apply: (1) “Baby food” means food packaged in jars, pouches, tubs, and boxes represented or…
- § 110963 No person or entity shall sell in the state or manufacture, deliver, hold, or offer for sale in the state any baby food that does not comply with the…
ARTICLE 9. Frozen Foods § 110965 · 1 section
- § 110965 (a) No retail food production and marketing establishment shall advertise, label, or otherwise hold out as fresh any meat or fish that has been previously…
ARTICLE 10. Ice §§ 110970–111010 · 9 sections
- § 110970 This article applies only to ice that is intended for human consumption and is sold in packaged form. This article shall not apply to persons, hotels,…
- § 110975 The following definitions apply to this article: (a) “Ice” means the product obtained as the result of freezing water by natural, mechanical, or artificial…
- § 110980 In addition to the requirements of this article, unless ice is otherwise specifically excluded, regulations specifying good manufacturing practices applicable…
- § 110985 No person shall make ice from, or cut natural ice from, water that does not comply with primary drinking water standards adopted by the department pursuant to…
- § 110990 Unless water from a public water system, as defined in Section 116275, is used in the manufacture of ice, the manufacturer shall, on a quarterly basis, obtain…
- § 110995 Any person or entity who manufactures, transports, stores, or sells ice shall comply with all of the following: (a) A room in which ice is manufactured shall…
- § 111000 (a) Filter beds and any filtering equipment shall be designed to protect ice from contamination and shall be subject to periodic treatment and cleaning. (b)…
- § 111005 In addition to the requirements of this article, ice shall be considered a food subject to all the sanitation requirements applicable to food generally…
- § 111010 Any truck, vehicle, or other equipment used for delivery, distribution, or selling ice, shall comply with all of the following: (a) It shall be constructed and…
ARTICLE 11. Local Enforcement §§ 111015–111065 · 11 sections
- § 111015 “Health officer,” as used in this article, means the health officer appointed by a county board of supervisors pursuant to Section 101000, by the governing…
- § 111020 The department, upon the request of a health officer, may authorize the local health department of a city, county, city and county, or local health district to…
- § 111025 The department may revoke any authorization made pursuant to this article, if it determines, after a hearing conducted pursuant to Chapter 5 (commencing with…
- § 111030 A local health department that is authorized by the department to enforce this part may make inspections, take samples, make laboratory examinations, impose…
- § 111035 For the purposes of this article, the health officer and his or her deputies shall have the same powers and authority as an inspector of the Bureau of Food and…
- § 111040 When an examination or analysis made pursuant to this part shows that any provision of this chapter has been violated, written notice of that fact together…
- § 111045 The health officer shall set a time for an informal hearing, at which the parties may be heard before him or her or his or her representatives. A notice in…
- § 111050 If the examination or analysis is found to be correct, or if any party fails to appear after notice has been duly given, the health officer may certify the…
- § 111055 This article shall not be construed as repealing, either directly or by implication, any of the existing sections of this chapter, but shall be construed as…
- § 111060 This article shall not affect any previous authorization by the department to a local health department of a county, city, or city and county to enforce this…
- § 111065 The department may adopt regulations relating to the operation of a local health department as it considers necessary to fully effect this article, including,…
ARTICLE 11.5. Local Enforcement: Live Food §§ 111067–111068 · 2 sections
- § 111067 (a) Any city, county, or city and county may adopt an ordinance that provides for the regulation of the disposition of bullfrogs and turtles imported for sale…
- § 111068 Nothing in this article is intended to limit or preempt the jurisdiction of any state agency or commission, or any other state entity, from adopting any…
ARTICLE 12. Bottled, Vended, Hauled, and Processed Water §§ 111070–111198 · 32 sections
- § 111070 (a) “Bottled water,” means any water that is placed in a sealed container at a water-bottling plant to be used for drinking, culinary, or other purposes…
- § 111070.5 (a) “Advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements:…
- § 111071 (a) As a condition of licensure, each bottled water plant, which has the same meaning as the definition in subdivision (c) of Section 111070, shall annually…
- § 111075 (a) Any person who processes, packages, distributes, transfers, or stores bottled water or vended water shall comply with the good manufacturing practices…
- § 111080 The quality and labeling standards requirements for bottled water and vended water, including mineral water, shall include all standards prescribed by Section…
- § 111085 Polycarbonate resins manufactured after January 1, 1988, and intended for use in fabricating containers for water products defined in this article shall not…
- § 111090 Any owner or operator of a water-vending machine or other device from which any operator or customer dispenses vended water shall comply with the following…
- § 111095 It shall be unlawful to operate a bottled plant water plant, water-vending machine, retail water facility, or private water source in violation of the minimum…
- § 111100 It is unlawful for any person to operate a water vending machine in this state that does not satisfy the minimum standards prescribed by this article for the…
- § 111105 The department, upon the request of a local health officer, may authorize the local health officer to implement and enforce those provisions of this article…
- § 111110 No water-vending machine shall be used in this state that does not at least satisfy the minimum standards adopted by the department.
- § 111115 (a) Each water-vending machine, retail water treatment plant, water hauler vehicle and facility, and private water source shall be maintained in a clean and…
- § 111120 (a) No person shall operate a water-bottling plant, a private water source, or be a bottled water distributor in this state except pursuant to a license issued…
- § 111125 No bottled water produced in an out-of-state bottling plant shall be sold or distributed within this state unless either the out-of-state bottler or the…
- § 111130 (a) The department shall charge and collect a fee for each license application submitted in accordance with the fee schedule in Table 1, that shall be an…
- § 111135 The department may deny any license application or revoke or suspend any license issued for cause. The department shall inform the person of any denial,…
- § 111140 The department shall charge and collect a fee for each department evaluation required to issue a new license for a water-vending machine model or a retail…
- § 111145 (a) The department shall require each bottler, distributor, or vendor of bottled water, each owner or operator of any water-vending machine, each water hauler,…
- § 111150 (a) All sources of bottled water, vended water, and water dispensed by a retail water facility shall be monitored annually for the presence of volatile organic…
- § 111155 Notwithstanding any other provisions of this article, the department may require any bottler, distributor, or vendor of bottled water, any owner or operator of…
- § 111160 (a) Upon a determination by the department that a particular water source is subject to potential contamination, the department shall notify the bottler,…
- § 111165 All testing of bottled water, bottled water sources, water distributed by water haulers, water from retail water facility, and water from vending machines…
- § 111170 (a) Labeling and advertising of bottled water and vended water shall conform with this section, Chapter 4 (commencing with Section 110290), and applicable…
- § 111172 (a) The labeling on bottled water sold in nonreturnable (one-way) packages in this state shall include one of the following: (1) A telephone number of the…
- § 111175 In addition to the requirements of Section 111170, if a bottler, distributor, water hauler, retail water facility operator, or vending machine operator…
- § 111180 Except as provided in Section 111080, any bottled water or vended water, the quality of which is below the quality required by this article, shall be labeled…
- § 111185 Any bottler, distributor, vendor of bottled water, or owner or operator of any water-vending machine or retail water facility, whose corporate name or…
- § 111190 (a) A bottled water, as defined in Section 111070, with natural or added carbonation, may be prepared with added flavors, extracts, essences, or fruit juice…
- § 111192 (a) Bottlers and water haulers that distribute directly to consumers shall provide a sentence on each billing statement that includes one of the following: (1)…
- § 111193 (a) The department may by written permission allow a person to package water for use in public emergencies without obtaining a water bottling license, where…
- § 111195 The department, prior to issuing a license, shall review all labels prepared pursuant to this article, and may require any changes in order to comply with this…
- § 111198 The department shall post annually on its Internet Web site, in connection to the entities it regulates under this article, all of the following information:…
ARTICLE 13. Hamburger and Imitation Hamburger §§ 111200–111220 · 5 sections
- § 111200 As used in this article, the following definitions shall apply: (a) “Hamburger” means chopped fresh or frozen beef, or a combination of both fresh or frozen…
- § 111205 (a) If imitation hamburger is sold or served in restaurant a list of ingredients thereof shall appear on the menu, or, if there is no menu, the information…
- § 111210 It is unlawful and constitutes misbranding for any person to advertise, offer for sale, sell, or serve as hamburger or imitation hamburger in any restaurant…
- § 111215 It is the public policy of this state to require restaurants selling hamburger and imitation hamburger to accurately inform the consumer public of the contents…
- § 111220 This article shall be enforced by the same persons and in the same manner as provided in Article 7 (commencing with Section 28690) of Chapter 11 of Division 22.
ARTICLE 14. Asian Rice Noodles, Korean Rice Cakes, and Vietnamese Rice Cakes §§ 111222–111223 · 2 sections
- § 111222 For purposes of this article the following definitions shall apply: (a) “Asian rice-based noodle” is defined as a rice-based pasta that contains rice powder,…
- § 111223 (a) (1) All manufacturers of Asian rice-based noodles shall place a label on the packaging of Asian rice-based noodles that indicates the date and time that…
ARTICLE 15. Eviscerated Crab §§ 111224–111224.6 · 3 sections
- § 111224 For purposes of this article, the following terms have the following meanings: (a) “Eviscerate” or “evisceration” means the processor’s action of removing and…
- § 111224.5 The department shall issue an order authorizing the evisceration of Dungeness crab or rock crab pursuant to this article if the domoic acid for Dungeness crab…
- § 111224.6 (a) (1) The department shall only authorize the evisceration of Dungeness crab or rock crab pursuant to this article by a processor that is licensed pursuant…
CHAPTER 6. Drugs and Devices §§ 111225–111656.13 · 105 sections
ARTICLE 1. General Provisions §§ 111225–111246 · 6 sections
- § 111225 As used in this chapter, with respect to a drug or drug ingredient, “established name” means either of the following: (a) The name designated pursuant to…
- § 111230 Any drug represented in its labeling or advertisement as an antiseptic shall be considered to be represented as a germicide, except in the case of a drug that…
- § 111235 Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the…
- § 111240 Any added poisonous or deleterious substance, or color additive, shall be considered unsafe for use with respect to any drug or device unless there is in…
- § 111245 The department may establish performance standards for devices, that shall be designed to provide reasonable assurance of safe and effective performance and,…
- § 111246 Commencing January 1, 2002, any product used for the treatment of lice or scabies in human beings that contains the pesticide Lindane shall not be used or sold…
ARTICLE 2. Adulterated Drugs or Devices §§ 111250–111325 · 16 sections
- § 111250 Any drug or device is adulterated if it consists, in whole or in part, of any filthy, putrid, or decomposed substance.
- § 111255 Any drug or device is adulterated if it has been produced, prepared, packed, or held under conditions whereby it may have been contaminated with filth, or…
- § 111260 Any drug or device is adulterated if the methods, facilities, or controls used for its manufacture, processing, packing, or holding do not conform to, or are…
- § 111265 Any drug or device is adulterated if it is packaged and its container is composed, in whole or in part, of any poisonous or deleterious substance that may…
- § 111270 Any drug or device is adulterated if it bears or contains for the purpose of coloring only a color additive that is unsafe within the meaning of Section 111240.
- § 111275 Any drug or device is adulterated if it is a color additive, the intended use of which in or on drugs or devices is for the purpose of coloring only, and it is…
- § 111280 Any drug is adulterated if it purports to be, or is represented as, a drug that is recognized in an official compendium, and its strength differs from, or its…
- § 111285 Any drug or device is adulterated if its strength differs from, or its purity or quality is below, that which it is represented to possess.
- § 111290 Any drug or device is adulterated if any substance has been mixed or packed with it so as to reduce its quality or strength or if any substance has been…
- § 111295 It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any drug or device that is adulterated.
- § 111300 It is unlawful for any person to adulterate any drug or device.
- § 111305 It is unlawful for any person to receive in commerce any drug or device that is adulterated or to deliver or proffer for delivery any drug or device.
- § 111310 While any regulation described in Section 110090 relating to any color additive is in effect, any drug or device that bears or contains the color additive in…
- § 111315 Any drug or device intended for export shall not be deemed to be adulterated under this part if it satisfies all of the following requirements: (a) It accords…
- § 111320 Any device is adulterated that fails to meet the applicable performance standard, if any, as provided in Section 111245.
- § 111325 A drug or device is deemed adulterated under the laws of this state if it is subject to regulations issued by the United States Food and Drug Administration as…
ARTICLE 3. Misbranded Drugs or Devices §§ 111330–111510 · 35 sections
- § 111330 Any drug or device is misbranded if its labeling is false or misleading in any particular.
- § 111335 Any drug or device is misbranded if its labeling or packaging does not conform to the requirements of Chapter 4 (commencing with Section 110290).
- § 111340 Any drug or device is misbranded unless it bears a label containing all of the following information: (a) The name and place of business of the manufacturer,…
- § 111345 Any drug or device is misbranded if any word, statement, or other information required by or under this part to appear on the label or labeling is not…
- § 111355 (a) Any drug is misbranded unless its label bears, to the exclusion of any other nonproprietary name except the applicable, systematic chemical name or the…
- § 111360 Any drug subject to Section 111470 is misbranded unless the manufacturer, packer, or distributor of the drug includes, in all advertisements and other…
- § 111365 Any drug subject to Section 111470 is misbranded unless the established name of the prescription drug or prescription drug ingredient is printed on the label…
- § 111375 Any drug or device is misbranded unless its labeling bears all of the following information: (a) Adequate directions for use. (b) Such adequate warnings…
- § 111376 (a) The department may adopt regulations relating to brand name or generic mifepristone or any drug used for medication abortion by including brand name or…
- § 111380 Any drug is misbranded if it purports to be a drug that is recognized in an official compendium and it is not packaged and labeled as prescribed in the…
- § 111385 Any drug or device is misbranded if the department determines that the drug or device is liable to deterioration, unless it is packaged in that form and manner…
- § 111390 Any drug or device is misbranded if its container is so made, formed, or filled as to be misleading.
- § 111395 Any drug is misbranded in any of the following cases: (a) It is an imitation of another drug. (b) It is offered for sale under the name of another drug. (c)…
- § 111397 (a) Any foreign dangerous drug that is not approved by the United States Food and Drug Administration or that is obtained outside of the licensed supply chain…
- § 111400 Any drug or device is misbranded if it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested…
- § 111415 Any drug is misbranded if it is a color additive, intended for use in or on drugs for the purpose of coloring only and its packaging and labeling fail to…
- § 111420 A drug or device is misbranded if a trademark, trade name, or other identifying mark, imprint, or device of another person, or any likeness of the trademark,…
- § 111425 A drug or device is misbranded if it was manufactured in this state in an establishment not duly licensed as provided in this part.
- § 111430 A drug or device is misbranded if it was manufactured in an establishment not duly registered with the Secretary of Health, Education, and Welfare of the…
- § 111435 Any drug is misbranded if its packaging or labeling is in violation of an applicable regulation issued pursuant to Section 108685 or 108700.
- § 111440 It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any drug or device that is misbranded.
- § 111445 It is unlawful for any person to misbrand any drug or device.
- § 111450 It is unlawful for any person to receive in commerce any drug or device that is misbranded or to deliver or proffer for delivery any drug or device.
- § 111455 It is unlawful for any person to alter, mutilate, destroy, obliterate, or remove the label or any part of the labeling of any drug or device if the act results…
- § 111460 Any drug or device intended for export shall not be deemed to be misbranded under this part if it satisfies all of the following requirements: (a) It accords…
- § 111465 A drug or device is deemed misbranded under the laws of this state if it is subject to regulations issued by the United States Food and Drug Administration…
- § 111470 The following drugs or devices, that are intended for use by man, shall be sold only upon a written prescription of a practitioner licensed by law to prescribe…
- § 111475 The act of selling a drug or device contrary to Section 111470 shall be deemed to be an act that results in the drug or device being misbranded while held for…
- § 111480 (a) A drug or device sold by filling or refilling a written or oral prescription of a practitioner licensed to prescribe the drug or device shall be exempt…
- § 111485 The department may, by regulation, remove any drug or device subject to Sections 111350 and 111550 from the requirements of Section 111470, when the…
- § 111490 (a) A drug or device that is subject to Section 111470 is misbranded if at any time prior to dispensing, its label fails to bear the statement “Caution:…
- § 111495 Nothing in this article shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to drugs now…
- § 111500 A physician, dentist, podiatrist, or veterinarian may personally furnish his or her own patient with drugs as are necessary in the treatment of the condition…
- § 111505 For purposes of Section 111510, the following definitions shall apply: (a) “Distributor” means any corporation, person, or other entity, not engaged in the…
- § 111510 (a) No legend drug in solid dosage form may be manufactured or distributed for sale in this state unless it is clearly marked or imprinted with a code imprint…
ARTICLE 4. Experimental Use of Drugs §§ 111515–111545 · 7 sections
- § 111515 As used in this article, “experimental drug” means any of the following: A drug intended for investigational use under Section 111595.
- § 111520 No person shall prescribe or knowingly administer an experimental drug to another person in violation of this article.
- § 111525 Prior to prescribing or administering an experimental drug, consent to the use of the drug shall be obtained in the method and manner specified in Chapter 1.3…
- § 111530 (a) Notwithstanding the provisions of Section 24175, if the subject is a minor, consent shall be provided by a parent or guardian of the subject and shall also…
- § 111535 Consent given pursuant to Section 111525 may be revoked at any time by either verbal or written communication to the practitioner supervising the…
- § 111540 Prior to administering an experimental drug, the experimental activity as a whole, including the consent procedures required by Section 111525, shall be…
- § 111545 A person having an ownership interest in a skilled nursing facility or intermediate care facility, as those terms are defined in Section 1250, may not…
ARTICLE 4.5. Right to Try Act §§ 111548–111548.5 · 5 sections
- § 111548 This article shall be known and may be cited as the Right to Try Act.
- § 111548.1 For purposes of this article, unless the context otherwise requires, the following definitions shall apply: (a) “Consulting physician” means a physician and…
- § 111548.2 (a) Notwithstanding Section 110280, 111520, or 111550, a manufacturer of an investigational drug, biological product, or device may make available the…
- § 111548.3 (a) Notwithstanding any other law, a state regulatory board shall not revoke, fail to renew, or take any other disciplinary action against a physician’s…
- § 111548.5 This article does not create a private cause of action, and actions taken pursuant to this article shall not serve as a basis for a civil, criminal, or…
ARTICLE 5. New Drugs or Devices §§ 111550–111610 · 12 sections
- § 111550 No person shall sell, deliver, or give away any new drug or new device unless it satisfies either of the following: (a) It is one of the following: (1) A new…
- § 111555 Within 180 days after the filing of an application provided for in Section 111550, or an additional period as shall be agreed upon by the department and the…
- § 111560 The department shall issue an order refusing to approve an application if, after written notice to the applicant and after giving him or her an opportunity for…
- § 111565 An order pursuant to Section 111560 refusing approval of a new drug application or a new device application shall be revoked whenever the department finds that…
- § 111570 In the case of any new drug or device for which an approval of an application filed pursuant to Section 111550 is in effect, the applicant shall establish and…
- § 111575 The department shall issue an order withdrawing approval of an application concerning any new drug or device if, after giving written notice to the applicant…
- § 111580 When the department finds that there is an imminent hazard to the public health, it may suspend the approval for the application immediately.
- § 111585 An order pursuant to Section 111575 or 111580 withdrawing approval of an application concerning any new drug or device shall be revoked whenever the department…
- § 111590 Section 111550 does not apply to a drug or device intended solely for investigational use by experts qualified by scientific training and experience to…
- § 111595 Section 111550 does not apply to any drug or device intended solely for investigational use by experts qualified by scientific training and experience to…
- § 111605 (a) In making determinations on requests for approval of AIDS-related drugs, as defined in subdivision (b), in accordance with Section 111550, or for…
- § 111610 Section 111550 does not apply to any of the following: (a) A drug or device that is sold in this state, or introduced into interstate commerce, at any time…
ARTICLE 6. Licenses §§ 111615–111656.13 · 24 sections
- § 111615 No person shall manufacture any drug or device in this state unless he or she has a valid license from the department. The license is valid for two calendar…
- § 111620 A separate license is required for each place of manufacture.
- § 111625 A license application shall be completed biennially and accompanied by an application fee as prescribed in Section 111630. This fee is not refundable if the…
- § 111630 The department shall by regulation establish the application form and set the fee for licensure and renewal of a license. The penalty for failure to apply for…
- § 111633 The State Department of Public Health shall require that an applicant for a human prescription drug manufacturing license submit fingerprints to the Department…
- § 111635 (a) Prior to issuing a license required by Section 111615 to any place of business where a drug or device is manufactured, the department shall receive from…
- § 111640 The department shall make investigations or inspections authorized by Article 2 (commencing with Section 110410) of Chapter 2 as it deems necessary to carry…
- § 111645 Any violation of any provision of this part or any regulation adopted pursuant to this part shall be grounds for denying a license or for suspending or…
- § 111650 Drug manufacturers who have obtained a license or who are applying for a license pursuant to this article shall submit to the California State Board of…
- § 111655 The licensing provisions of this chapter shall not apply to any of the following: (a) Any pharmacy that maintains establishments in conformance with provisions…
- § 111656 (a) No person shall conduct a home medical device retail facility business in the State of California unless he or she has obtained a license from the…
- § 111656.1 (a) (1) After January 1, 2002, prior to issuing a license required by Section 111656, the department shall inspect each place of business to determine…
- § 111656.2 (a) The following standards shall apply to all home medical device retail facilities: (1) Each retail facility shall store prescription devices in a manner…
- § 111656.3 (a) Each home medical device retail facility shall have written policies and procedures related to home medical device handling and, if authorized by the…
- § 111656.4 Section 4051 of the Business and Professions Code shall not prohibit a home medical device retail facility from selling or dispensing prescription devices if…
- § 111656.5 (a) A person other than a licensed pharmacist, an intern pharmacist, an exemptee, as specified in Section 111656.4, or an authorized agent of the department or…
- § 111656.6 Home medical devices for rental purposes shall at all times while under the control of the home medical device retail facility, be maintained in a clean and…
- § 111656.7 (a) Without registering as an out-of-state home medical device retail facility, an out-of-state home medical device retail facility shall not sell or…
- § 111656.8 (a) No person acting as principal or agent for any out-of-state home medical device retail facility who has not obtained a registration from the department…
- § 111656.9 When, in the opinion of the department, a high standard of patient safety, consistent with good patient care, can be provided by the licensure of a home…
- § 111656.10 (a) The department may void the license of a home medical device retail facility, if the licensed premises remain closed, as defined in subdivision (e), other…
- § 111656.11 (a) It is unlawful for any person who is neither a licensed pharmacist nor an exemptee to take charge of a home medical device retail facility or to furnish…
- § 111656.12 (a) The fee for examination and investigation for an exemptee license under Section 111656.4 shall be one hundred dollars ($100). (b) The fee for an exemptee…
- § 111656.13 (a) Any entity that prior to July 1, 2001, held a current, valid license as a medical device retailer pursuant to Section 4130 of the Business and Professions…
CHAPTER 7. Cosmetics §§ 111660–111820 · 41 sections
ARTICLE 1. General Provisions and Definitions §§ 111660–111665 · 2 sections
ARTICLE 2. Adulterated Cosmetics §§ 111670–111725 · 13 sections
- § 111670 A cosmetic is adulterated if it bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use…
- § 111675 Section 111670 shall not apply to coal tar hair dye, that is conspicuously labeled as follows: “Caution—this product contains ingredients that may cause skin…
- § 111680 Any cosmetic is adulterated if it consists in whole or in part of any filthy, putrid, or decomposed substance.
- § 111685 Any cosmetic is adulterated if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth,…
- § 111690 Any cosmetic is adulterated if its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious…
- § 111691 A cosmetic is not adulterated because it includes industrial hemp, raw extract, or raw hemp product, as defined in Section 111920, if the industrial hemp, raw…
- § 111695 Any cosmetic is adulterated if it is not a hair dye and it is, or it bears or contains, a color additive that is unsafe within the meaning of Section 111665.
- § 111700 It is unlawful for any person to manufacture, sell, deliver, hold, or offer for sale any cosmetic that is adulterated.
- § 111705 It is unlawful for any person to adulterate any cosmetic.
- § 111710 It is unlawful for any person to receive in commerce any cosmetic that is adulterated or to deliver or proffer for delivery any such cosmetic.
- § 111715 While any regulation relating to any color additive referred to in Section 111665 is in effect, any cosmetic that bears or contains a color additive in…
- § 111720 Any cosmetic intended for export shall not be deemed to be adulterated under this part if it satisfies all of the following requirements: (a) It accords to the…
- § 111725 A cosmetic is deemed adulterated under the laws of this state if it is subject to regulations issued by the United States Food and Drug Administration relating…
ARTICLE 3. Misbranded Cosmetics §§ 111730–111790 · 13 sections
- § 111730 Any cosmetic is misbranded if its labeling is false or misleading in any particular.
- § 111735 Any cosmetic is misbranded if its labeling or packaging does not conform to the requirements of Chapter 4 (commencing with Section 110290).
- § 111740 Any cosmetic is misbranded if it is in package form and it does not bear a label containing all of the following information: (a) The name and place of…
- § 111745 A cosmetic is misbranded if any word, statement, or other information required pursuant to this part to appear on the label or labeling is not prominently…
- § 111750 Any cosmetic is misbranded if its container is so made, formed, or filled as to be misleading.
- § 111755 A cosmetic is misbranded if it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable…
- § 111760 Any cosmetic is misbranded if its packaging or labeling is in violation of an applicable regulation issued pursuant to Section 108685 or 108700.
- § 111765 It is unlawful for any person to manufacture, or sell any cosmetic that is misbranded.
- § 111770 It is unlawful for any person to misbrand any cosmetic.
- § 111775 It is unlawful for any person to receive in commerce any cosmetic that is misbranded, or to deliver or proffer for delivery any cosmetic.
- § 111780 It is unlawful for any person to alter, mutilate, destroy, obliterate, or remove the label or any part of the labeling of any cosmetic if the act results in…
- § 111785 Any cosmetic 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…
- § 111790 A cosmetic is deemed misbranded under the laws of this state if it is subject to regulations issued by the United States Food and Drug Administration relating…
ARTICLE 3.5. Chronic Health Effects of Cosmetics §§ 111791–111793.5 · 7 sections
- § 111791 This article shall be known, and may be cited, as the California Safe Cosmetics Act of 2005.
- § 111791.5 For purposes of this article, the following terms have the following meanings: (a) “Authoritative body” means any agency or formally organized program or group…
- § 111792 (a) The manufacturer of any cosmetic product subject to regulation by the federal Food and Drug Administration that is sold in this state shall, on a schedule…
- § 111792.5 (a) In order to determine potential health effects of exposure to ingredients in cosmetics sold in the state, the division may conduct an investigation of one…
- § 111792.6 (a) For purposes of this section, the following definitions apply: (1) “Cosmetic product” means an article for retail sale or professional use intended to be…
- § 111793 (a) If the division determines pursuant to an investigation that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the…
- § 111793.5 (a) The Legislature finds and declares the following: (1) The Cosmetic Ingredient Review (CIR) panel is a nongovernmental body established and funded by the…
ARTICLE 4. Voluntary Registration §§ 111795–111820 · 6 sections
- § 111795 (a) Any person who manufactures a cosmetic in this state may register with the department. Any registration issued under this article shall be valid for one…
- § 111800 A registration application form provided by the department shall be completed annually and accompanied by an application fee of three hundred fifty dollars…
- § 111805 Any person registered pursuant to this article shall immediately notify the department of any change in the information reported in the registration…
- § 111810 (a) Prior to issuing a registration under Section 111795, the department shall inspect each place of business to determine ownership, adequacy of facilities,…
- § 111815 The department shall make any investigations or inspections authorized by Article 2 (commencing with Section 110410) of Chapter 2 as it deems necessary to…
- § 111820 Any violation of this part or any regulation adopted pursuant to this part shall be grounds for denying a registration or for suspending or revoking a…
CHAPTER 7.5. Menstrual Products §§ 111822–111822.8 · 6 sections
- § 111822 For purposes of this chapter, the following definitions apply: (a) “Confidential business information” means an intentionally added ingredient or combination…
- § 111822.2 (a) A package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state shall have printed…
- § 111822.4 (a) When a manufacturer is required to make a revision to information disclosed online due to a change in a designated list or a change in an ingredient or…
- § 111822.5 A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients pursuant to…
- § 111822.6 The requirements of this chapter apply in addition to other labeling requirements established in law.
- § 111822.8 A menstrual product shall not be sold in the state unless the menstrual product and the manufacturer of the menstrual product comply with this chapter.
CHAPTER 8. Penalties and Remedies §§ 111825–111915 · 20 sections
ARTICLE 1. Penalties §§ 111825–111835 · 3 sections
- § 111825 (a) A person who violates a provision of this part or a regulation adopted pursuant to this part shall, if convicted, be subject to imprisonment for not more…
- § 111830 Upon conviction of any violation of this part, or any regulation adopted pursuant to this part, the court may require, as a condition of probation under…
- § 111835 One-half of all fines collected by any court or judge for any violation of any provision of this part shall be paid into the State Treasury to the credit of…
ARTICLE 2. Proceedings §§ 111840–111855 · 4 sections
- § 111840 The Attorney General, any district attorney, or any city attorney to whom the department reports any violation of this part shall begin appropriate proceedings…
- § 111845 The department is not required to institute proceedings under this part for minor violations of this part, if the department believes that the public interest…
- § 111850 When the state asserts a violation of this part, the state need not negative any exemption or exception from the requirements of this part in any pleading or…
- § 111855 (a) If any person violates any provision of this part, or any regulation adopted pursuant to this part, the department may assess a civil penalty against that…
ARTICLE 3. Seizure and Embargo §§ 111860–111895 · 8 sections
- § 111860 Whenever an authorized agent of the department finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, misbranded, or…
- § 111865 It is unlawful for any person to remove, sell, or dispose of a detained or embargoed food, drug, device, or cosmetic without permission of an authorized agent…
- § 111870 When an authorized agent of the department has found that a food, drug, device, or cosmetic that is embargoed, is not adulterated, misbranded, falsely…
- § 111875 When an authorized agent of the department finds, or has reasonable cause to believe, that the embargo will be violated, that agent may remove the embargoed…
- § 111880 If a food, drug, device, or cosmetic is alleged to be adulterated, misbranded, falsely advertised, or the sale of which is otherwise in violation of this part,…
- § 111885 If the court finds that an embargoed food, drug, device, or cosmetic is adulterated, misbranded, falsely advertised, or the sale of which is otherwise in…
- § 111890 Whenever an authorized agent of the department finds any meat, meat products, seafood, poultry, vegetable, fruit, or other food that is unsound, or that…
- § 111895 Any superior court of this state may condemn any food, drug, device, or cosmetic under provisions of this part. In the absence of an order, the food, drug,…
ARTICLE 4. Injunctions §§ 111900–111915 · 5 sections
- § 111900 The Attorney General or any district attorney, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon…
- § 111905 In addition to the injunctive relief provided in Section 111900, or as a nonpunitive alternative to Section 111915, the court, after finding any person has…
- § 111910 (a) Notwithstanding the provisions of Section 111900 or any other provision of law, any person may bring an action in superior court pursuant to this section…
- § 111912 Notwithstanding any provision of this part, or any other provision of law, the department shall have no affirmative obligation to administer, regulate, or…
- § 111915 In addition to injunctive relief, the court may impose as a civil penalty, damages in the maximum sum of one thousand dollars ($1,000) for each day the…
CHAPTER 9. Industrial Hemp §§ 111920–111929.5 · 33 sections
ARTICLE 1. Definitions § 111920 · 1 section
- § 111920 For purposes of this chapter, the following definitions apply: (a) “Department” means the State Department of Public Health. (b) “Established and approved…
ARTICLE 2. General Provisions §§ 111921–111921.8 · 7 sections
- § 111921 An industrial hemp product shall not be distributed or sold in the state except in conformity with all applicable state laws and regulations, including this…
- § 111921.1 Industrial hemp raw extract shall not be incorporated into food, food additives, beverages, or dietary supplements unless it meets both of the following: (a)…
- § 111921.3 The department may adopt regulations imposing an age requirement for the sale of certain industrial hemp products upon a finding of a threat to public health.
- § 111921.5 (a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following…
- § 111921.6 Manufacture or sale of inhalable hemp products is prohibited. Manufacture of inhalable hemp products for the sole purpose of sale in other states is not…
- § 111921.7 (a) The department may exclude from the definition of “THC or Comparable Cannabinoid” one or more isomers of tetrahydrocannabinol if the department determines,…
- § 111921.8 (a) Except for the amendments specified in subdivision (b),the amendments made to this chapter by the act adding this section shall become operative on January…
ARTICLE 3. Manufacture §§ 111922–111922.3 · 2 sections
- § 111922 (a) The department, through regulation, may determine maximum serving sizes for hemp-derived cannabinoids, hemp extract, and products derived therefrom, active…
- § 111922.3 (a) A hemp manufacturer who produces raw extract that will only be used for dietary supplements, foods, beverages, and cosmetics, or a hemp manufacturer who…
ARTICLE 4. Registration and Fees §§ 111923–111923.9 · 5 sections
- § 111923 The Industrial Hemp Enrollment and Oversight Fund is hereby established in the State Treasury. All money received by the department pursuant to Section…
- § 111923.3 (a) (1) A hemp manufacturer who produces an industrial hemp product that is a food or beverage shall register with the department pursuant to Article 2…
- § 111923.5 (a) In addition to licensing and registration requirements and fees required pursuant to other applicable laws, as specified in Section 111923.3, a hemp…
- § 111923.7 A hemp manufacturer located outside the state shall reimburse the department for travel and per diem required to perform necessary onsite inspections at the…
- § 111923.9 A hemp manufacturer or retailer who is operating in conformance with this part and in good faith compliance with their responsibilities under this chapter may…
ARTICLE 5. Recordkeeping § 111924 · 1 section
- § 111924 The department may adopt regulations for recordkeeping standards that shall apply to transporters, manufacturers, and retailers of industrial hemp product and…
ARTICLE 6. Testing Requirements §§ 111925–111925.6 · 4 sections
- § 111925 (a) A hemp manufacturer shall meet all of the following testing requirements: (1) Industrial hemp raw extract shall be tested for cannabinoid content prior to…
- § 111925.2 A raw hemp product shall not be distributed or sold in this state without a certificate of analysis from an independent testing laboratory that confirms all of…
- § 111925.4 (a) As of the effective date of the act adding this chapter, testing requirements for contaminant levels shall be the same as those for cannabis, as…
- § 111925.6 (a) A product batch may be reprocessed or remediated after failed testing, but the batch shall not be distributed or sold unless the reprocessed or remediated…
ARTICLE 7. Labeling and Advertisement §§ 111926–111926.3 · 3 sections
- § 111926 (a) A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to,…
- § 111926.2 (a) An industrial hemp product that is a dietary supplement, food, or beverage shall not be distributed or sold in the state without packaging and labeling on…
- § 111926.3 (a) An industrial hemp product that is a cosmetic shall not be distributed or sold in the state without packaging and labeling on the product that includes all…
ARTICLE 8. Enforcement §§ 111927–111927.4 · 3 sections
- § 111927 (a) The department shall have the seizure and embargo powers provided for in Article 3 (commencing with Section 111860) of Chapter 7 with respect to industrial…
- § 111927.2 (a) In addition to the inspection authority provided elsewhere in this part, the department may inspect financial data, sales data, and personnel data, as…
- § 111927.4 Violations of this chapter are subject to the fines and penalties established in Article 1 (commencing with Section 111825) of Chapter 8.
ARTICLE 9. Agency Coordination § 111928 · 1 section
- § 111928 (a) The Department of Food and Agriculture and the State Department of Public Health, in consultation with the Department of Cannabis Control, if necessary,…
ARTICLE 10. Inhalable Products §§ 111929–111929.5 · 6 sections
- § 111929 Inhalable products shall not be sold to consumers under 21 years of age.
- § 111929.1 A hemp manufacturer who produces inhalable products shall comply with this chapter and, to the extent applicable, with the provisions of this part.
- § 111929.2 An inhalable product shall not contain any of the following: (a) Flavorings other than natural terpenes. (b) Polyethylene glycol (PEG). (c) Vitamin E acetate.…
- § 111929.3 The department may enter into a memorandum of understanding or other interagency agreement with another state agency to administer and enforce provisions of…
- § 111929.4 This article shall become operative upon the effective date of a measure passed by the Legislature that establishes a tax on inhalable products and states the…
- § 111929.5 This article shall remain in effect only until January 1, 2028, and as of that date is repealed.