Cal. HSC § 104661 — California Code / Code hsc / Division 103 / Part 3 / Chapter 2 / Article 3 / Section 104661
Section 104661
Status: in_force

(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 substance described in paragraph (2) and either high amounts of saturated fat, sodium, or added sugar, as described in subparagraph (A) of paragraph (3), or a nonnutritive sweetener or other substance described in subparagraph (B) of paragraph (3).

(2) (A) Except as specified in subparagraph (B), substances available in the United States Food and Drug Administration (FDA) Substances Added to Food database that are designated as having any of the following FDA-defined technical effects:

(i) Surface-active agents, as defined in Section 170.3(o)(29) of Title 21 of the Code of Federal Regulations.

(ii) Stabilizers and thickeners, as defined in Section 170.3(o)(28) of Title 21 of the Code of Federal Regulations.

(iii) Propellants, aerating agents, and gases, as defined in Section 170.3(o)(25) of Title 21 of the Code of Federal Regulations.

(iv) Colors and coloring adjuncts, as defined in Section 170.3(o)(4) of Title 21 of the Code of Federal Regulations.

(v) Emulsifiers and emulsifier salts, as defined in Section 170.3(o)(8) of Title 21 of the Code of Federal Regulations.

(vi) Flavoring agents and adjuvants, as defined in Section 170.3(o)(12) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(vii) Flavor enhancers, as defined in Section 170.3(o)(11) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(viii) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations.

(B) Any of the following additives, or combination of these additives, shall not by themselves cause a food or beverage to be categorized as a UPF.

(i) Salt or sodium chloride.

(ii) Spices or other natural seasonings or flavorings, as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(iii) Natural color additives, as listed in Part 73 of Title 21 of the Code of Federal Regulations.

(3) (A) High amounts of saturated fat, sodium, or added sugar, as defined respectively as follows:

(i) The food or beverage contains 10 percent or greater of total energy from saturated fat.

(ii) The food or beverage contains a ratio of milligrams of sodium to calories that is equal to or greater than 1:1.

(iii) The food or beverage contains 10 percent or greater of total energy from added sugars.

(B) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations, or any of the following substances:

(i) D-sorbitol (CAS 50-70-4).

(ii) Erythritol (CAS 149-32-6).

(iii) Hydrogenated starch hydrolysates, including, but not limited to, CAS 68425-17-2.

(iv) Sucralose (CAS 56038-13-2).

(v) Isomalt, including, but not limited to, CAS 64519-82-0, CAS 534-73-6, and CAS 20942-99-8.

(vi) Lactitol (CAS 585-86-4).

(vii) Luo Han Fruit Concentrate (CAS 977188-77-4).

(viii) Maltitol (CAS 585-88-6).

(ix) Steviol glycosides, including, but not limited to, CAS 58543-16-1, CAS 57817-89-7, CAS 1220616-44-3, CAS 58543-16-1, and CAS 1220616-34-1.

(x) Thaumatin, including, but not limited to, CAS 977178-03-2 and CAS 53850-34-3.

(xi) Xylitol (CAS 87-99-0).

(b) “Ultraprocessed food” or “UPF” does not include any of the following:

(1) Commodity food specifically made available by the United States Department of Agriculture.

(2) A raw agricultural commodity as defined in Section 110020.

(3) An unprocessed locally grown or locally raised agricultural product as defined in paragraph (2) of subdivision (g) of Section 210.21 of Title 7 of the Code of Federal Regulations.

(4) Minimally processed prepared food as defined in paragraph (4) of subdivision (a) of Section 49015 of the Food and Agricultural Code, which may include foods in a variety of forms, including, but not limited to, whole, cut, sliced, diced, canned, pureed, dried, and pasteurized.

(5) Class 1 milk as defined in Section 61932 of the Food and Agricultural Code.

(6) Alcoholic beverages as defined in Section 23004 of the Business and Professions Code.

(7) Medical foods, as defined in Section 101.9(j)(8) of Title 21 of the Code of Federal Regulations, only if exempted by the department by regulation.

(8) Infant formula, as defined in Section 107 of Title 21 of the Code of Federal Regions, only if exempted by the department by regulation.