reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110839.

110839. Multi-ingredient cosmetic products sold as organic in California with less than 70 percent organically produced ingredients, by weight or by fluid volume, excluding water and salt, may only identify the organic content as follows:
(a)  By identifying each organically produced ingredient in the ingredient statement with the word “organic” or with an asterisk or other reference mark that is defined below the ingredient statement to indicate the ingredient is organically produced.
(b)  If the organically produced ingredients are identified in the ingredient statement, by displaying the product’s percentage of organic contents on the information panel.
(Added by Stats. 2002, Ch. 533, Sec. 51. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110840.

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 and address of all persons, to whom or from whom the product is sold, purchased, or otherwise transferred, the quantity of product sold or otherwise transferred, and the date of the transaction.
(2) Invoices, bills of lading, or other documents that show transfer of title of certified organic products must indicate the product is “organic” or “certified organic.”
(3) Any person selling a product that is exempt or excluded from certification under NOP rules, shall follow the requirements of Section 205.101 of Title 7 of the Code of Federal Regulations.
(4) All substances applied to the product or used in or around any area where product is kept, including the quantity applied and the date of each application. All pesticide chemicals shall be identified by brand name, if any, and by source.
(b) All persons who sell, at retail, products sold as organic shall keep accurate and specific records of the following:
(1) Except when sold to the consumer, the name and address of all suppliers of persons, to whom or from whom the product is sold, purchased, or otherwise transferred, the quantity of product purchased or otherwise transferred, and the date of the transaction.
(2) Invoices, bills of lading or other documents that show transfer of title of certified organic products must indicate the product is “organic” or “certified organic.”
(3) Any person selling a product that is exempt or excluded from certification under NOP rules, shall follow the requirements of Section 205.101 of Title 7 of the Code of Federal Regulations.
(4) All substances applied to the product or used in or around any area where product is kept, including the quantity applied and the date of each application. All pesticide chemicals shall be identified by brand name, if any, and by source.
(c)  All records required to be kept under this section shall be maintained as set forth by regulations promulgated by the NOP, when applicable, or as follows: by producers for not less than three years and by handlers for not less than two years from the date that the product is sold, and shall be maintained by retailers for not less than one year from the date that the product is sold, and shall be maintained by the retailers for not less than one year from the date that the product is received by the retailer. These records shall be made available for inspection at any time by the director or the secretary and by each certification organization that certifies the product, if any, for purposes of carrying out this article and Chapter 10 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code.
(Amended by Stats. 2020, Ch. 302, Sec. 10. (SB 406) Effective September 29, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110850.

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 Code and upon implementation of the federal organic certification requirement pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq., Sec. 2101, P.L. 101-624), all products sold as organic in California shall be certified by a federally accredited certifying agent, if they are required to be certified under the federal act. In addition products shall be sold as organic only in accordance with this section, Sections 110855 to 110870, inclusive, and Section 46009 of the Food and Agricultural Code. The secretary, director, and the county agricultural commissioners shall carry out this subdivision to the extent that adequate funds are made available for that purpose.
(b)  Products sold as organic may be certified only by a certification organization registered pursuant to Section 46014.1 of the Food and Agricultural Code or a federally accredited certification organization.
(c)  In order to be registered, a certification organization shall be accredited by the USDA, if required.
(d)  A certification organization that certifies processed products sold as organic shall register with the secretary.
(e)  The director may audit the organization’s certification procedures and records at any time. Records of certification organizations not otherwise required to be released upon request or made publicly available shall not be released by the director except to other employees of the department, the Department of Food and Agriculture, a county agricultural commissioner, the Attorney General, any prosecuting attorney, or any government agency responsible for enforcing laws related to the activities of the person subject to this part.
(Amended by Stats. 2002, Ch. 533, Sec. 56. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110855.

110855. Prior to initial certification of a producer, a registered certification organization shall conduct at least one initial physical inspection of the premises where the food to be certified is produced. This inspection shall include the recordkeeping system necessary for compliance with Section 110840 and the area or facility at which the food is produced.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110860.

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 production or processing of food is certified or pending certification by the certification organization. This list shall be filed with the department or the Department of Food and Agriculture, as applicable, by the certification organization and made publicly available within 30 days after the end of each quarter.
(b)  A registered certification organization or a federally accredited certification organization shall, at least annually, physically inspect the premises where the food to be certified is produced and processed. The inspection shall include an examination of recordkeeping.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110865.

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 certification program established pursuant to subdivision (e) of Section 110850, a certification plan shall be filed as part of the registration required pursuant to subdivision (d) of Section 110850. A certification plan shall at minimum include a detailed description of all of the following elements of the certification organization’s program:
(a)  Minimum information required from producers or processors regarding growing or processing practices and methods for verifying that information.
(b)  Qualifications of and training requirements for all inspectors.
(c)  Procedures for inspection, including frequency and items covered.
(d)  Procedures for soil and tissue sampling and analysis.
(e)  Criteria for certification.
(f)  Process for certification decisionmaking, including identification of persons with decisionmaking authority.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110870.

110870. Only products that have been handled and processed in accordance with this article may be certified by a registered certification organization.
(Amended by Stats. 2002, Ch. 533, Sec. 57. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110880.

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 handled or processed in the state, wherever sold as organic.
(Amended by Stats. 2002, Ch. 533, Sec. 59. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110885.

110885. This article shall not apply to the term “natural” when used in the labeling or advertising of a product.
(Amended by Stats. 2002, Ch. 533, Sec. 60. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110890.

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 person engaged in business as a distributor or retailer of products who in good faith sells, offers for sale, labels, or advertises any product in reliance on the representations of a producer, handler, or other distributor that the product may be sold as organic, shall not be found to violate this article unless the distributor either: (1) knew or should have known that the product could not be sold as organic; (2) was engaged in producing or processing the product; or (3) prescribed or specified the manner in which the product was produced or processed.
(Amended by Stats. 2002, Ch. 533, Sec. 61. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110895.

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 duly registered or accredited as a certification organization pursuant to Section 110850.
(c)  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 registration for a certification organization pursuant to Section 110850.
(Amended by Stats. 2002, Ch. 533, Sec. 62. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110900.

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 for any person to willfully make a false statement or representation, or knowingly fail to disclose a fact required to be disclosed, in registration pursuant to Section 110875.
(Amended by Stats. 2002, Ch. 533, Sec. 63. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110905.

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.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110910.

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 connection with the production, processing, or distribution of products sold as organic if that fertilizer or pesticide chemical contains a prohibited material.
(b)  Alter any organic registration form.
(c)  Alter any certification document.
(d)  Falsify any document.
(e)  Use the term “transitional organic” in this state to represent a product for sale.
(Amended by Stats. 2002, Ch. 533, Sec. 64. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110915.

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 article, or any regulation promulgated by the NOP in an amount not more than five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based upon the nature of the violation, the seriousness of the effect of the violation upon effectuation of the purposes and provisions of this article, and the impact of the penalty on the violator, including the deterrent effect on future violations.
(b)  Notwithstanding the penalties prescribed in subdivision (a), if the director finds that a violation was not intentional, the director may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation.
(c)  For a first offense, in lieu of a civil penalty as prescribed in subdivisions (a) and (b), the director may issue a notice of violation, if he or she finds that the violation is minor.
(d)  A person against whom a civil penalty is levied shall be afforded an opportunity for a hearing before the director, upon request made within 30 days after the date of issuance of the notice of penalty. At the hearing, the person shall be given the right to review the director’s evidence of the violation and the right to present evidence on his or her own behalf. If no hearing is requested, the civil penalty shall constitute a final and nonreviewable order.
(e)  If a hearing is held, review of the decision of the director may be sought by any person within 30 days of the date of the final order of the director pursuant to Section 1094.5 of the Code of Civil Procedure.
(f)  A civil penalty levied by the director pursuant to this section may be recovered in a civil action brought in the name of the state.
(Amended by Stats. 2002, Ch. 533, Sec. 65. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110920.

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 related to the function for which the fee is established.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110925.

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 expended to fulfill the responsibilities of the director as specified in this article.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110930.

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, including handlers and processors of fish and seafood, cosmetics, and animal food products sold as organic, except for processors and handlers of processed meat, fowl, and dairy products.
(Amended by Stats. 2002, Ch. 533, Sec. 66. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110935.

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 the past five years, including the amount of each penalty, the party against whom the penalty was levied, and the nature of the violation. The list also shall be available by mail, upon written request and payment of a reasonable fee, as determined by the director.
(Amended by Stats. 1999, Ch. 609, Sec. 26. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110940.

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 responsibility as provided in this article or regulations adopted by the NOP.
(b)  The director shall, to the extent funds are available, establish a procedure for handling complaints, including, provision of a written complaint form, and procedures for commencing an investigation within three working days of receiving a written complaint regarding fresh food, and within seven working days for other product, and completing an investigation and reporting findings and enforcement action taken, if any, to the complainant within 90 days thereafter.
(c)  The director may establish minimum information requirements to determine the verifiability of a complaint and may provide for rejection of a complaint that does not meet the requirements. The director shall provide written notice of the reasons for rejection to the person filing the complaint.
(d)  The responsibilities of the director under this section shall be carried out to the extent funds are available.
(e)  The complaint process in this state shall also meet all the complaint processes outlined in regulations promulgated by the NOP.
(Amended by Stats. 2002, Ch. 533, Sec. 67. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110945.

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 other provision of law not inconsistent with this article.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110950.

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 article.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110955.

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 (commencing with Section 46000) of Division 17 of the Food and Agricultural Code as the successor section.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110956.

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 that are adopted after that date shall be the organic product regulations of this state.
(b)  The director may, by regulation, prescribe conditions under which organic products not addressed by the National Organic Program may be sold in this state.
(Amended by Stats. 2002, Ch. 533, Sec. 68. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110957.

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.
(Amended by Stats. 2002, Ch. 533, Sec. 69. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110958.

110958. Annually, the director shall compile and publish and submit to the California Organic Products Advisory Committee a summary of information collected under Section 110875, including, but not limited to, the following:
(a)  The total number of registrations received under this section.
(b)  The total number and quantity of each type of product sold as organic by all registrants combined.
(c)  The total annual organic gross sales volume or revenue of all registrants combined, and the median gross annual organic sales or revenue of all registrants.
(d)  The names of all registrants.
(e)  The number of registrants in each of the following ranges of annual gross sales volume:
(1)  $0–$5,000
(2)  $5,001–$25,000
(3)  $25,001–$50,000
(4)  $50,001–$125,000
(5)  $125,001–$250,000
(6)  $250,001–$500,000
(7)  $500,001–$750,000
(8)  $750,001–$1,000,000
(9)  $1,000,001–$1,500,000
(10)  $1,500,001–$2,500,000
(11)  $2,500,001–$10,000,000
(12)  $10,000,001–$30,000,000
(13)  $30,000,001 and above.
(f)  The report published pursuant to this section shall present the required information in an aggregate form that preserves the confidentiality of the proprietary information of individual registrants.
(Amended by Stats. 2002, Ch. 533, Sec. 70. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 7 - The California Organic Food and Farming Act › Section 110959.

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 continuing compliance with this article and the regulations adopted by the NOP according to uniform procedures established by the director and regulations promulgated by the NOP.
(Added by Stats. 2002, Ch. 533, Sec. 71. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 8 - Potentially Hazardous Food › Section 110960.

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 temperature above 45 degrees Fahrenheit.
(Amended by Stats. 2002, Ch. 532, Sec. 1. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 8.5 - Baby Food › Section 110963.

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 requirements described in Section 110962.
(Added by Stats. 2023, Ch. 668, Sec. 1. (AB 899) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 9 - Frozen Foods › Section 110965.

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 frozen.
(b)  For purposes of this section:
(1)  “Frozen” means any meat or fish stored in a room or compartment in which the temperature is plus five degrees Fahrenheit or lower.
(2)  “Retail food production and marketing establishment” means any room, building, or place, or portion thereof, maintained, used, or operated for, or in conjunction with, the retail sale of food, or preparation of food. “Retail food production and marketing establishment” does not include any food facility, such as any “mobile food preparation unit” any “vehicle,” and any “vending machine” as defined in Chapter 4 (commencing with Section 113700) of Part 7; any wholesale food manufacturing, distributing, or storage establishment, including, but not limited to, the licensed premises or branch office of any winegrower, any brandy manufacturer, or any wine blender, subject to Chapter 4 (commencing with Section 111950) of Part 6; any frozen food locker plant subject to Chapter 7 (commencing with Section 112500) of Part 6; any health facility subject to Chapter 2 (commencing with Section 1250) of Division 2 and Section 127050; any community care facility subject to Chapter 3 (commencing with Section 1500) of Division 2; or any “official establishment” subject to Chapter 4 (commencing with Section 18650) of Part 3 of Division 9 of the Food and Agricultural Code.
(c)  On and after the effective date of the act that added this subdivision to this section during the 1993–94 Regular Session, Section 26661 of the Food and Agricultural Code shall apply, to the exclusion of any provision of this section, with respect to the advertising, labeling, or otherwise holding out, of poultry.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 110970.

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, restaurants, caterers, food service contractors, and theaters that manufacture, sell, or furnish ice solely to, or for, their customers in a manner that is incidental to the manufacturing, furnishing, or sale of other goods or services. This article shall not apply to ice dispensing or vending machines, except those that dispense or vend packaged ice, or to the icing of vehicles used to transport food.
(Added by Stats. 1996, Ch. 1023, Sec. 314. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 110975.

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 means.
(b)  “Natural ice” means the product obtained as the result of freezing water by natural means.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 110980.

110980. In addition to the requirements of this article, unless ice is otherwise specifically excluded, regulations specifying good manufacturing practices applicable to food generally pursuant to Section 110105 shall be applicable to the manufacture of ice.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 110985.

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 Section 116365. No person shall sell or offer for sale for human consumption or food preservation ice made or cut in violation of this article.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 110990.

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 from an approved laboratory, a bacterial analysis of the water used. The analysis shall be submitted to the department, indicating whether the water is pure and wholesome.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 111000.

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)  All equipment and utensils used in ice production areas shall be of easily cleanable construction, shall be kept clean and in good repair, and shall be handled and stored in a sanitary manner. Materials used as ice contact surfaces shall be smooth, nontoxic, and nonabsorbent. Ice cans shall be leakproof and the inner surfaces of the containers shall be free of corrosion.
(c)  Freezing tank covers shall be designed and constructed to protect ice containers from splash, drip, and other contamination, shall be easily cleanable, and shall be kept clean and in good repair. The covers shall be equipped with rings or similar devices when hooks are used for pulling. Can or tank covers, and the ledges or sides of the tank upon which the cover rests, shall be cleaned as often as necessary to keep them in a sanitary condition.
(d)  Conveyor surfaces shall be of impervious material and shall protect ice from contaminants that may result from shredding, flaking, peeling, or fragmentation of the conveyor surface.
(e)  Equipment lubrication shall not contaminate the ice and only food grade lubricants shall be used.
(f)  All product storage and holding areas to be refrigerated shall be cleaned as often as necessary to keep them free of contamination.
(g)  Air used for water agitation shall be filtered or otherwise treated to remove dust, dirt, insects, and extraneous material. Filters shall be placed upstream from the compressor and shall be easily removable for cleaning or replacement.
(h)  The compressor or blower used to supply air or water agitation shall be designed to deliver oil-free air.
(i)  Air lines and core or vacuum devices shall be used as needed to produce ice free of rust or other foreign materials.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 111005.

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 pursuant to Article 1 (commencing with Section 110425), except those provisions that specifically exclude ice.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 10 - Ice › Section 111010.

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 maintained to provide adequate and reasonable protection to the ice transported therein. Care shall be taken to prevent its contact with any contaminants, or other substances that would take the ice out of compliance with the drinking water standards prescribed by this article.
(b)  All cubed, crushed, or shaved ice shall be kept in clean receptacles or containers that shall be kept covered while the vehicle is in motion.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111015.

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 body of a city pursuant to Section 101460, by the governing body of a city and county, or by a local health district board pursuant to former Section 940, that is continued in effect as to any existing district by Section 3 of Chapter 380 of the Statutes of 1959.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111020.

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 enforce this part, and the regulations adopted pursuant to this part that pertain to retail food establishments, as defined by regulation, if the department determines that the local health department has sufficient personnel with adequate training to do so. The enforcement shall be limited to the area under the jurisdiction of the local health department.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111025.

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 Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that the local health department authorized pursuant to this article is not enforcing this part or the regulations adopted pursuant to this part, or no longer has an adequate staff qualified to do so.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111030.

111030. A local health department that is authorized by the department to enforce this part may make inspections, take samples, make laboratory examinations, impose and remove embargoes, hold informal hearings, certify facts to the district attorney, and institute proceedings for the forfeiture, condemnation, and destruction of food found to be adulterated or misbranded. The action shall be instituted in the name of the city, county, city and county, or district of which the local health department is a part, and shall conform to the requirements of this part and the regulations adopted by the department pursuant to this part.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111035.

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 Drug of the department.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111040.

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 with a copy of the findings shall be furnished to each party from whom the sample was obtained, or who issued the product guarantee.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111045.

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 writing shall be served upon the interested parties at least 15 days prior to the hearing. The informal hearing shall be private and limited to questions of fact. Appearances may be made in person or by attorney. Testimony may be taken and evidence introduced as to the correctness of the findings made by the person making the examination or performing the analysis.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111050.

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 facts found to the district attorney of the county. No publication shall be made until after the hearing is concluded.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111055.

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 constituting an alternative method of enforcing this part.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111060.

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 part.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11 - Local Enforcement › Section 111065.

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, but not limited to, requirements relating to reporting of activities and the numbers and qualification of personnel.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11.5 - Local Enforcement: Live Food › Section 111067.

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 in live animal markets for use as food. The ordinances may provide for all of the following:
(1)  The designation of a local agency to carry out this article.
(2)  Require a permit, issued by an agency designated by the city, county, or city and county to issue permits, for the sale of bullfrogs and turtles imported for sale in live animal markets for use as food.
(3)  Establish a fee for the permit in an amount determined sufficient to offset the administrative cost of issuing the permit and enforcing the provisions of the ordinance.
(4)  Require that animals sold pursuant to the permit be dispatched at the time of sale.
(5)  Require that signs be posted at the permittee’s place of business, stating that animals must be properly dispatched and that release into the wild in a live state is unlawful.
(6)  Authorize the local agency, after notice and opportunity for a hearing, to suspend or revoke a permit issued pursuant to paragraph (1) for violation of any provision of the ordinance adopted pursuant to this article.
(b)  The State Department of Health Services and the Department of Fish and Game may consult with a city, county, or city and county for purposes related to this article.
(Added by Stats. 2000, Ch. 1062, Sec. 2. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 11.5 - Local Enforcement: Live Food › Section 111068.

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 regulation or taking any action it deems necessary and appropriate regardless of any local ordinance adopted pursuant to this article.
(Added by Stats. 2000, Ch. 1062, Sec. 2. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 12 - Bottled, Vended, Hauled, and Processed Water › Section 111070.

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 involving a likelihood of the water being ingested by humans. Bottled water shall not include water packaged with the approval of the department for use in a public emergency.
(b) “Vended water” means any water that is dispensed by a water-vending machine, retail water facility, or water from a private water source, or other water as defined in Section 111170 that is not placed by a bottler in sealed containers, and that is dispensed by a water-vending machine, retail water facility, water hauler, or any other person or facility for drinking, culinary, or other purposes involving a likelihood of the water being ingested by humans. “Vended water,” does not include water from a public water system that has not undergone additional treatment. Water sold without further treatment is not “vended water” and shall be labeled in accordance with Section 111170.
(c) “Water-bottling plant” means any facility in which bottled water is produced.
(d) A “water-vending machine” means a water-connected vending machine designed to dispense drinking water, or purified or other water products. The machines shall be designed to reduce or remove turbidity, off-tastes, and odors and to provide disinfection treatment. Processes for dissolved solids reduction or removal shall also be used.
(e) “Water hauler,” means any person who hauls water in bulk by any means of transportation if the water is to be used for drinking, culinary, or other purposes involving a likelihood of the water being ingested by humans.
“In bulk,” as used in this subdivision, means containers having capacities of 250 gallons or greater.
(f) “Retail water facility” means any commercial establishment where vended water is sold, and placed in customer’s containers, or placed in containers sold or given to customers who come to the establishment to obtain water.
(g) “Private water source,” means a privately owned source of water, other than a public water system, that is used for bottled or vended water and meets the requirements of an approved source for bottled water as defined in Section 129.3 of Title 21 of the Code of Federal Regulations.
(h) “Bottled water distributor” means any person, other than an employee or representative of a bottled water plant, who delivers bottled water directly to customers.
(Amended by Stats. 2007, Ch. 575, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 5 - SHERMAN FOOD, DRUG, AND COSMETIC LAWS › CHAPTER 5 - Food › ARTICLE 12 - Bottled, Vended, Hauled, and Processed Water › Section 111070.5.

111070.5. (a) “Advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements:
(1) The product water is treated by all of the following treatment processes:
(A) Microfiltration, ultrafiltration, or other filtration process that removes particulates before reverse osmosis.
(B) Reverse osmosis.
(C) Advanced oxidation.
(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations.
(b) A bottler of advanced purified demonstration water shall do all of the following:
(1) Submit sample labels to the department for review at least 30 days before bottling advanced purified demonstration water.
(2) Submit the analyses of the advanced purified demonstration water required under subdivision (e) of Section 13570 of the Water Code to the department at least seven days before bottling advanced purified demonstration water.
(3) Conduct a full sanitation of the bottling and filling equipment immediately after bottling advanced purified demonstration water.
(Amended by Stats. 2017, Ch. 561, Sec. 132. (AB 1516) Effective January 1, 2018.)