reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 5 - HACCP Exemptions › Section 114419.1.

114419.1. For a food facility that is required under Section 114419 to have an HACCP plan, the plan and specifications shall indicate all of the following:
(a) A flow diagram of the specific food for which the HACCP plan is requested, identifying critical control points and providing information on the following:
(1) Ingredients, materials, and equipment used in the preparation of that food.
(2) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved.
(b) A food employee and supervisory training plan that addresses the food safety issues of concern.
(c) A statement of standard operating procedures for the plan under consideration including clearly identifying the following:
(1) Each critical control point.
(2) The critical limits for each critical control point.
(3) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge.
(4) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points.
(5) Action to be taken by the person in charge if the critical limits for each critical control point are not met.
(6) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed.
(d) Additional scientific data or other information, as required by the department, supporting the determination that food safety is not compromised by the proposal.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 5 - HACCP Exemptions › Section 114419.2.

114419.2. (a) Applicable HACCP training shall be provided and documented for food employees who work in the preparation of food for which an HACCP plan has been implemented. Training given to food employees shall be documented as to date, trainer, and subject.
(b) Verification of critical limits specified in an HACCP plan shall be conducted by a laboratory approved by the department prior to implementation of the HACCP plan. Documentation of laboratory verification shall be maintained with the HACCP plan for the duration of its implementation.
(c) No verification of the effectiveness of a critical limit shall be required if the critical limits used in the HACCP plan do not differ from the critical limits set forth in this part.
(d) The person operating a food facility pursuant to a HACCP plan shall designate at least one person to be responsible for verification of the HACCP plan. Training for the designated person shall include the seven principles of HACCP and the contents of the HACCP plan as described in Section 114419.1. HACCP training records of the designated person shall be retained for the duration of employment, or a period of not less than two years, whichever is greater.
(e) Critical limit monitoring equipment shall be suitable for its intended purpose and shall be calibrated as specified by its manufacturer. The food facility shall maintain all calibration records for a period not less than two years.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 5 - HACCP Exemptions › Section 114419.3.

114419.3. (a) Except as specified in Section 114419, nothing in this section shall be deemed to require the enforcement agency to review or approve an HACCP plan.
(b) The enforcement agency shall collect fees sufficient only to cover the costs for review, inspections, and any laboratory samples taken.
(c) An HACCP plan may be disapproved if it does not comply with HACCP principles.
(d) The enforcement agency may suspend or revoke its approval of an HACCP plan without prior notice if the agency finds any of the following:
(1) The plan poses a public health risk due to changes in scientific knowledge or the hazards present.
(2) The food facility does not have the ability to follow its HACCP plan.
(3) The food facility does not consistently follow its HACCP plan.
(e) Within 30 days of written notice of suspension or revocation of approval, the food facility may request a hearing to present information as to why the HACCP plan suspension or revocation should not have taken place or to submit HACCP plan changes.
(f) The hearing shall be held within 15 working days of the receipt of a request for a hearing. Upon written request of the permitholder, the hearing officer may postpone any hearing date, if circumstances warrant that action.
(g) The hearing officer shall issue a written notice of decision within five working days following the hearing. If the decision is to suspend or revoke approval, the reason for suspension or revocation shall be included in the written decision.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 5 - HACCP Exemptions › Section 114421.

114421. (a) Each food facility that identifies a trade secret shall provide in writing to the enforcement agency the information they consider to be a trade secret.
(b) The enforcement agency shall treat as confidential, to the extent allowed by law, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under Section 114419.1.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 5 - HACCP Exemptions › Section 114423.

114423. A microbial challenge study may be submitted to the enforcement agency for review for purposes of verifying that a food does not constitute a potentially hazardous food.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 6 - Exemptions › Section 114425.

114425. Raw duck that otherwise would be readily perishable shall be exempt from Section 113996 for a period not to exceed two hours, if the duck will subsequently be cooked at or above a temperature of 350°F for at least 60 minutes.
(a) Whole Chinese-style roast duck shall be exempt from Section 113996 for a period not to exceed four hours after the duck is prepared, if the methods used to prepare the food inhibit the growth of microorganisms that can cause food infections or food intoxications. Nothing in this section shall be construed to supersede any provisions of this part, except the provisions specified in this section.
(b) For the purposes of this section, “Chinese-style roast duck” shall include, but not be limited to, Chinese-style barbecue duck, dry hung duck, and Peking duck. “Chinese-style roast duck” means duck which is prepared as follows:
(1) The abdominal cavity is cleaned.
(2) The duck is marinated.
(3) The cavity is closed prior to cooking.
(4) The duck is roasted at a temperature of 350°F or more for at least 60 minutes.
(Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 6 - Exemptions › Section 114427.

114427. The Mercado La Paloma, located at 3655 South Grand Avenue in Los Angeles, operated by Esperanza Community Housing Corporation, which is a public market open only on one side that meets the following criteria, shall be exempt from Section 114266:
(a) All facilities inside the Mercado La Paloma have overhead protection that extends over all food items.
(b) All facilities inside the Mercado La Paloma are enclosed on at least two sides.
(c) All facilities inside the Mercado La Paloma are under the constant and complete control of the operator.
(d) During periods of inoperation, food, utensils, and related items shall be stored so as to be adequately protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.
(e) During all hours of operation, air curtains shall be in operation over all unclosed door openings to the outside to exclude flying pests.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 6 - Exemptions › Section 114429.

114429. (a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Korean rice cakes that have been at room temperature for no more than 24 hours.
(b) At the end of the operating day, Korean rice cakes that have been at room temperature for no more than 24 hours shall be destroyed in a manner approved by the enforcement agency.
(c) For purposes of this section, a “Korean rice cake” is defined as a confection that contains rice powder, salt, sugar, various edible seeds, oil, dried beans, nuts, dried fruits, and dried pumpkin. The ingredient shall not include any animal fats or any other products derived from animals.
(d) All manufacturers of Korean rice cakes shall place a label on the Korean rice cake as prescribed by Section 111223.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 6 - Exemptions › Section 114429.3.

114429.3. (a) Notwithstanding Sections 113996 and 114343 and if permitted by federal law, a food facility may sell Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit for no more than 24 hours.
(b) Vietnamese rice cakes that have been at no more than 70 degrees Fahrenheit but have been stored for more than 24 hours shall be destroyed in a manner approved by the enforcement agency.
(c) All Vietnamese rice cakes shall bear a label meeting the requirements of Section 111223.
(Added by Stats. 2016, Ch. 193, Sec. 4. (SB 969) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 6 - Exemptions › Section 114429.5.

114429.5. (a) Notwithstanding Sections 113996 and 114343, and if permitted by federal law, a food facility may sell Asian rice-based noodles that have been kept at room temperature for no more than four hours.
(b) Asian rice-based noodles that have been kept at room temperature shall be consumed or cooked within four hours of the date and time labeled on the product. Asian rice-based noodles that have been kept at room temperature shall be segregated for destruction from other Asian rice-based noodles in a manner approved by the local enforcement agency after four hours of the date and time labeled on the product.
(c) At the end of the operating day, Asian rice-based noodles that have been kept at room temperature for more than four hours shall be destroyed in a manner approved by the local enforcement agency.
(d) (1) For purposes of this section, an “Asian rice-based noodle” means a rice-based pasta that contains rice powder, water, wheat starch, vegetable cooking oil, and optional ingredients to modify the pH or water activity, or to provide a preservative effect. The ingredients shall not include any animal fats or any other products derived from animals. An Asian rice-based noodle is prepared by using a traditional method that includes cooking by steaming at not less than 130 degrees Fahrenheit, for not less than four minutes.
(2) If the Asian rice-based noodles maintain a pH of not more than 4.6, as measured at a temperature of 76 degrees Fahrenheit, a water activity of 0.85 or below, or have been determined by the department to be a nonpotentially hazardous food based on formulation and supporting laboratory documentation submitted to the department by the manufacturer, the restrictions provided in subdivisions (a) to (c), inclusive, shall not apply to the Asian rice-based noodles.
(Amended by Stats. 2012, Ch. 658, Sec. 3. (SB 1465) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 7 - Food Facility Food Donations › Section 114432.

114432. (a) A person, gleaner, or food facility may donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge. Food facilities may donate food directly to end recipients for consumption.
(b) For purposes of this section, “person” has the same meaning as defined in Section 1714.25 of the Civil Code.
(c) For purposes of this section “gleaner” has the same meaning as defined in Section 1714.25 of the Civil Code.
(Amended by Stats. 2017, Ch. 619, Sec. 6. (AB 1219) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 7 - Food Facility Food Donations › Section 114433.

114433. A person, gleaner, or food facility that donates food as permitted by Section 114432 shall not be subject to civil or criminal liability or penalty for violation of any laws, regulations, or ordinances regulating the labeling or packaging of the donated product or, with respect to any other laws, regulations, or ordinances, for a violation occurring after the time of the donation. The donation of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act. The donation of perishable food that is fit for human consumption but that has exceeded the labeled shelf life date recommended by the manufacturer is protected under the California Good Samaritan Food Donation Act if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.
(Amended by Stats. 2017, Ch. 619, Sec. 7. (AB 1219) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 7 - Food Facility Food Donations › Section 114434.

114434. The immunities provided in Section 114433 and by Section 1714.25 of the Civil Code, the California Good Samaritan Food Donation Act, are in addition to any other immunities provided by law, including those provided by Chapter 5 (commencing with Section 58501) of Part 1 of Division 21 of the Food and Agricultural Code.
(Amended by Stats. 2017, Ch. 619, Sec. 8. (AB 1219) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 7 - Food Facility Food Donations › Section 114435.

114435. In implementing this article, enforcement officers shall promote the recovery of food fit for human consumption during their normal, routine inspections. Promotion shall include, but not be limited to, newsletters, bulletins, and handouts that inform retail food facility operators about the protections from civil and criminal liability when donating food.
(Added by Stats. 2017, Ch. 619, Sec. 9. (AB 1219) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 7 - CALIFORNIA RETAIL FOOD CODE › CHAPTER 13 - Compliance and Enforcement › ARTICLE 8 - Child Day Care Facilities, Community Care Facilities, and Residential Care Facilities for the Elderly › Section 114437.

114437. If and when a specific appropriation is made available, the State Department of Social Services shall develop new regulations regarding food preparation provisions for child day care facilities, community care facilities, and residential care facilities for the elderly that would carry out the intent of this part to ensure the health and safety of individuals and that would not adversely affect those facilities that are safely operated. In developing proposed food preparation provisions for child day care facilities, the State Department of Social Services shall consult with the department and the State Department of Education.
(Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 4 - The Radiation Protection Act of 1999 › ARTICLE 1 - General Provisions › Section 114650.

114650. (a) As used in this chapter, the following definitions shall apply:
(1) “Agency” or “office” means the Office of Emergency Services.
(2) “Department” means the State Department of Public Health.
(3) “Disburse or disbursement” means a payment in advance from the Nuclear Planning Assessment Special Account, as specified in paragraph (5) of subdivision (b) of Section 8610.5 of the Government Code.
(4) “Emergency planning zone” means a zone identified in state and local government emergency plans where immediate decisions for effective public protective action from radiation may be necessary.
(5) “Exercise” means an event that tests emergency plans and organizations and that the Federal Emergency Management Agency evaluates pursuant to Part 350 (commencing with Section 350.1) of Subchapter E of Chapter I of Title 44 of the Code of Federal Regulations.
(6) “Ingestion pathway phase” means the period beginning after any release of radioactive material from a nuclear powerplant accident when the plume emergency phase has ceased, and reliable environmental measurements are available for making decisions on additional protective actions to protect the food chain. The main concern is to prevent exposure from ingestion of contaminated water or food, such as milk, fresh vegetables, or aquatic foodstuffs.
(7) “Ingestion pathway zone” means the 50-mile radius around each of the state’s nuclear powerplants in which protective actions may be required to protect the food chain in the event of an emergency.
(8) “Interjurisdictional Planning Committee” means the planning committee, comprised of representatives of the Counties of Orange and San Diego, the Cities of Dana Point, San Clemente, and San Juan Capistrano, the Camp Pendleton Marine Corps Base, the State Department of Parks and Recreation, and the Southern California Edison Company, established as a mechanism for coordinating integrated preparedness and response in the event of an emergency at the San Onofre Nuclear Generating Station.
(9) “Local government” means a city or county that provides emergency response for a nuclear powerplant emergency.
(10) “Local jurisdiction” means an entity that provides emergency response for a nuclear powerplant emergency in accordance with the plans of a local government.
(11) “Plume emergency phase” means the period beginning at the onset of an emergency at a nuclear powerplant when immediate decisions for public protective actions are needed.
(12) “Recovery phase” means the period when actions designed to reduce radiation levels in the environment to acceptable levels for unrestricted use are commenced, and ending when all recovery actions have been completed.
(13) “Site” means the location of a nuclear powerplant and its surrounding emergency planning zone.
(Amended by Stats. 2013, Ch. 352, Sec. 386. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 4 - The Radiation Protection Act of 1999 › ARTICLE 1 - General Provisions › Section 114655.

114655. (a) The Legislature hereby finds and declares as follows:
(1) Existing law requires the development and maintenance of a nuclear powerplant emergency response program by state and local governments based on federal and state criteria.
(2) The office, in consultation with the department and the counties, has investigated the consequences of a serious nuclear powerplant accident and has established plume emergency phase and ingestion pathway phase planning zones for each site. These zones imply mutually supportive emergency planning and preparedness arrangements by all levels of government.
(3) An integrated emergency planning program is necessary for the benefit of the citizens within the planning zones.
(b) Nothing in this chapter limits the activities of any government in carrying out its general responsibilities pertaining to the public health and the safety aspects of emergency response.
(Amended by Stats. 2013, Ch. 352, Sec. 387. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 4 - The Radiation Protection Act of 1999 › ARTICLE 2 - Responsibilities of the Office of Emergency Services › Section 114660.

114660. (a) The office is responsible for the coordination and integration of all emergency planning programs and response plans under this chapter. If there is a nuclear powerplant accident, the office shall coordinate information and resources to support local governments in a joint state and local government decisionmaking process.
(b) The office shall perform all of the following duties and functions:
(1) Coordinate the activities of all state agencies relating to preparation and implementation of the State Nuclear Power Plant Emergency Response Plan. The office shall be the focal point for coordinating nuclear powerplant emergency preparedness activities with local governments, other state agencies, federal agencies, and other organizations.
(2) Exercise explicit ultimate authority for allocating funds from the Nuclear Planning Assessment Special Account to local governments.
(3) Coordinate and participate in exercises of the state’s nuclear emergency response plan with each site during its federally evaluated exercise.
(4) Ensure that state personnel are adequately trained to respond in the event of an actual emergency. The exercises shall include the department and other relevant state agencies.
(5) In consultation with the department, review protective action recommendations developed by the utilities and local government representatives.
(6) Coordinate planning guidance to state agencies and local governments.
(7) Ensure the development and maintenance of the State Nuclear Power Plant Emergency Response Plan and procedures necessary to carry out those responsibilities and review and approve state agency plans in draft prior to publication.
(8) Exercise discretionary authority regarding the formation of interagency agreements with state agencies having local emergency responsibilities, to ensure state agencies have updated emergency plans and trained emergency response personnel to respond during the plume emergency phase.
(9) Conduct a study similar to that described in Section 8610.3 of the Government Code, for any nuclear powerplant with a generating capacity of 50 megawatts or more that is proposed for licensing in this state.
(Amended by Stats. 2013, Ch. 352, Sec. 389. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 4 - The Radiation Protection Act of 1999 › ARTICLE 4 - Responsibilities of Local Government › Section 114677.

114677. (a)  Local governments shall develop and maintain radiological emergency preparedness and response plans to safeguard the public in the emergency planning zone around a nuclear powerplant.
(b)  The responsibilities of local government within an emergency planning zone include, but are not limited to, all of the following:
(1)  Preemergency preparedness, including developing, maintaining, and enhancing radiological emergency response plans and procedures; maintaining emergency management organizations and operations and field response organizations; making training available to local government organizations in conjunction with utilities; providing public information and education in conjunction with utilities ; maintaining essential communications systems; and implementing other preemergency preparedness measures, as required in accordance with federal requirements and state plans and procedures.
(2)  Managing plume emergency phase response actions; providing available resources for emergency response; notifying emergency workers and the public; providing emergency public information; making protective action decisions and taking protective action response, to provide public health support in conjunction with the utility and state; providing radiologic exposure control; procuring additional resources, and taking other actions needed for emergency response.
(3)  Participating in a joint state and local government decisionmaking process during ingestion pathway phases and recovery phases; coordinating implementation of protective action decisions with state and federal governments; continuing emergency public information in conjunction with state and federal organizations; and providing support for security of evacuated areas.
(c)  At the San Onofre Nuclear Generating Station, the Interjurisdictional Planning Committee shall identify a discussion leader to facilitate local government protective action decisions during the plume emergency phase of a nuclear powerplant emergency.
(d)  A local government within an emergency planning zone may request services from a jurisdiction outside the emergency planning zone that are necessary to support an evacuated emergency planning zone population. Services requested by a local government within the emergency planning zone may include, but are not limited to, public information, congregate care, traffic management, radiological monitoring or decontamination of evacuees, and interjurisdictional coordination.
(Repealed and added by Stats. 1998, Ch. 543, Sec. 5. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 4 - The Radiation Protection Act of 1999 › ARTICLE 5 - Responsibilities of Entities Providing Utilities › Section 114680.

114680. Entities providing utilities shall perform all of the following duties and functions:
(a)  Any public or private utility that operates a nuclear powerplant in the state shall have a response organization that can be integrated with federal, state, and local government emergency response resources during a radiological accident.
(b)  Nuclear facility operators shall develop and maintain radiological emergency preparedness and response plans in coordination with state and local government.
(c)  Nuclear utilities have the primary responsibility for planning and implementing emergency measures within facility boundaries and shall do all of the following:
(1)  Perform accident assessments.
(2)  Prepare public protective action recommendations for decisionmakers during the plume emergency phase.
(3)  Provide information to the appropriate state and local government in support of their independent assessment of offsite radiological conditions relevant to protective action decisions during the plume emergency phase.
(4)  Coordinate with state and local governments in maintaining nuclear powerplant public education information.
(5)  Support state and local government in nuclear powerplant planning, training, drills and exercises, and emergency preparedness efforts.
(Repealed and added by Stats. 1998, Ch. 543, Sec. 5. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 4 - The Radiation Protection Act of 1999 › ARTICLE 6 - Responsibilities of Other Agencies › Section 114685.

114685. (a)  The Department of Transportation shall include within its criteria for funding, repair, and construction projects, the need for adequate emergency evacuation routes.
(b)  State and local law enforcement agencies shall ensure all of the following:
(1)  Traffic flow plans for areas outside the emergency planning zones shall adequately reflect the possible evacuation of residents outside those zones.
(2)  Traffic flow plans shall take into consideration that some evacuation routes may be impassible under certain weather conditions and shall have plans for designating alternative routes.
(3)  Officers who may be needed to respond during a nuclear powerplant emergency shall receive the necessary training, including refresher courses at least once each year.
(c)  Local jurisdictions within an emergency planning zone shall coordinate nuclear powerplant emergency response plans and procedures with local governments and shall participate in training, drills, and exercises as needed.
(Repealed and added by Stats. 1998, Ch. 543, Sec. 5. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114705.

114705. The Legislature finds and declares that radioactive contamination of the environment may subject the people of the State of California to unnecessary exposure to ionizing radiation unless it is properly controlled. It is therefore declared to be the policy of this state that the department initiate and administer necessary programs of surveillance and control of those activities that could lead to the introduction of radioactive materials into the environment.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114710.

114710. As used in this article the following terms have the meanings described in this section.
(a)  “Department” means the State Department of Health Services.
(b)  “Environment” means all places outside the control of the person responsible for the radioactive materials.
(c)  “Field tracer study” is any project, experiment, or study that includes provision for deliberate introduction of radioactive material into the environment for experimental or test purposes.
(d)  “Person” includes any association of persons, copartnership or corporation.
(e)  “Radiation,” or “ionizing radiation,” means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
(f)  “Radioactive material” means any material or combination of materials that spontaneously emits ionizing radiation.
(g)  “Radioactive waste” means any radioactive material that is discarded as nonusable.
(h)  “Significant” or “significantly,” as applied to radioactive contamination, means concentrations or amounts of radioactive material as are likely to expose persons to ionizing radiation equal to or greater than the guide levels published by the Federal Radiation Council.
(i)  “Radiological monitoring” means the measurement of the amounts and kinds of radioactive materials in the environment.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114715.

114715. No person shall bury, throw away, or in any manner dispose of radioactive wastes within the state except in a manner and at locations as will result in no significant radioactive contamination of the environment.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114720.

114720. The department may, by written order, prohibit the disposal of radioactive wastes by any person when, upon investigation, it has determined that the disposal violates Section 114715.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114725.

114725. The department may, by written order, prohibit the storage, packaging, transporting, or loading of radioactive wastes if there is a reasonable likelihood that the activities will result in significant radioactive contamination of the environment.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114730.

114730. The person to whom an order has been issued pursuant to Section 114720 or 114725 may appeal the order of the department to any court of competent jurisdiction.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114735.

114735. The department may bring an action in a court of competent jurisdiction to enjoin the storage, packaging, transporting, loading, or disposal of radioactive wastes in violation of any written order issued by the department pursuant to Section 114720 or 114725. The court may, if it appears necessary, enjoin any person from using radioactive material who thereby produces radioactive waste that the court finds is being disposed of 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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114740.

114740. The department shall maintain surveillance over the storage, packaging, transporting, and loading of radioactive material within this state regardless of the material’s ultimate destination. In carrying out its duties under this section, the department may enter into an agreement with the Division of Occupational Safety and Health and other state and local agencies to conduct any appropriate inspection and enforcement activities. Any agreement with state and local agencies shall not duplicate work to be done pursuant to agreement with the Division of Occupational Safety and Health, nor shall work done by the Division of Occupational Safety and Health duplicate work agreed to be done by other state and local agencies. Licensees of the Nuclear Regulatory Commission and the facilities of the Department of Energy and the Department of Defense are exempt from this 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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114745.

114745. No person shall operate a nuclear reactor, nuclear fuel reprocessing plant, or other installation, as defined by the department, that could, as a result of routine operations, accident, or negligence, significantly contaminate the environment with radioactive material, without first instituting and maintaining an adequate program of radiological monitoring. The proposed program shall be submitted to the department for review and acceptance as to its adequacy.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114750.

114750. No person shall conduct any field tracer study unless detailed plans of the study have been approved by the department. In reviewing proposed field tracer studies, the department shall consider at least the following elements:
(a)  That there is shown to be a substantial public interest in the information intended to be obtained by the study.
(b)  That the study will be performed by persons or agencies competent to handle and use the radioactive material safely and with due regard for potential effects on public health.
(c)  That the study is planned so as to impose the least possible exposure to ionizing radiation consistent with achieving the study’s desired objectives.
(d)  That there is no likelihood that any person will be exposed to ionizing radiation in excess of guide levels published by the Federal Radiation Council. The department may, as a condition to its approval of a field tracer study, require a representative of the department to be present during the study.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114755.

114755. The department shall monitor radioactive materials in the environment, including radioactive materials in media such as air, milk, food, and water in locations and with a frequency as the department may deem necessary to determine radiation exposure to the people of the state from the 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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114760.

114760. The department shall, at least once per month, make public to news media the results of its monitoring of radioactive 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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114765.

114765. Any regulations relating to radioactive material cargo, including, but not limited to, packing, marking, loading, handling, and transportation, shall be reviewed and made compatible with the federal regulations adopted pursuant to the federal Department of Transportation Docket No. HM-164, Notice No. 80-1, within 60 days of the date the federal regulations become effective.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114775.

114775. The department, utilizing available funds and in cooperation with the Department of Fish and Game and the Joint Committee on Fisheries and Aquaculture, shall do all of the following:
(a)  Cooperate with any federal agency that conducts monitoring of marine life or ocean waters, or both, at the sites of radioactive waste dumping off the California coast to determine the effects of the dumping.
(b)  Purchase and test samples of seafood taken in the vicinity of the Farallon Islands radioactive waste dump site to determine whether the seafood contains radioactivity beyond natural and artificial background levels.
(c)  Make annual reports to the Legislature on the implementation of this section, including any recommendations for legislation it deems necessary to protect the health of Californians.
(d)  Take emergency action pursuant to the general authority contained in the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)) to prohibit the commercial sale of seafood for human consumption if, in the judgment of the director, samples analyzed pursuant to subdivision (b), are found to contain radioactivity that poses a threat to human health.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 1 - Control of Radioactive Contamination of the Environment › Section 114780.

114780. (a)  The Legislature finds and declares that the dumping of radioactive waste, including the scuttling of radioactive nuclear submarines, into the Pacific Ocean, could adversely affect the California coastal zone.
(b)  The California Coastal Commission, in cooperation when appropriate with the department, the Department of Justice, the Department of Fish and Game, and the Joint Committee on Fisheries and Aquaculture, shall use any means available to the commission, pursuant to law, to prevent any dumping of radioactive waste in the Pacific Ocean by any public or private entity, unless the commission finds that the dumping would be consistent with the goals and policies of Division 20 (commencing with Section 30000) of the Public Resources Code.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 2 - Radiation Monitoring Devices for Nuclear Power Plants › Section 114785.

114785. Each privately owned and publicly owned public utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more shall establish a system of offsite radiation monitoring devices as specified by the Nuclear Regulatory Commission pursuant to Regulatory Guide 1.97 or related standards. The utility shall consult with the department and the appropriate county emergency services agency regarding the type, number, and locations of the radiation monitoring devices. The consultation with the department and the appropriate county emergency services agency shall be completed prior to submitting a plan to the Nuclear Regulatory Commission regarding the radiation monitoring devices.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 2 - Radiation Monitoring Devices for Nuclear Power Plants › Section 114790.

114790. The information transmitted to the radiation monitoring displays in the technical support center or emergency operating facility of a nuclear powerplant shall be simultaneously transmitted to the Office of Emergency Services State Warning Center.
(Amended by Stats. 2013, Ch. 352, Sec. 390. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 2 - Radiation Monitoring Devices for Nuclear Power Plants › Section 114795.

114795. The funds expended by privately owned utilities complying with this article shall be allowed for ratemaking purposes by the Public Utilities Commission. Publicly owned utilities shall include funds expended complying with this article in their rates.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 2 - Radiation Monitoring Devices for Nuclear Power Plants › Section 114800.

114800. In no event shall a plant operator be required to spend more than one million dollars ($1,000,000) in capital outlay for a nuclear powerplant site in complying 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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 2 - Radiation Monitoring Devices for Nuclear Power Plants › Section 114805.

114805. Nothing in this article shall require powerplant modifications or the conduct of operations that may be in conflict with conditions of the license to operate issued by the Nuclear Regulatory Commission or with other activities authorized by the Nuclear Regulatory Commission, or that may be in conflict with regulations of the Environmental Protection Agency.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 2 - Radiation Monitoring Devices for Nuclear Power Plants › Section 114810.

114810. Failure to comply with this article shall not constitute the basis for an action in a court of law or in an administrative proceeding to enjoin or prevent the operation or start-up of a nuclear facility.
(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 9 - RADIATION › CHAPTER 5 - Containment of Radioactive Materials › ARTICLE 3 - Transportation of Radioactive Materials › Section 114815.

114815. For the purposes of this article the term “radioactive materials” shall include any material or combination of materials that spontaneously emits ionizing radiation.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)