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Article 8. Consumer Information of California Health And Safety Code >> Division 104. >> Part 7. >> Chapter 4. >> Article 8.
(a) Food offered for human consumption shall be honestly
presented in a way that does not mislead or misinform the consumer.
(b) Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of a food.
(b) Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of a food.
A cottage food product, as defined in Section 113758, that
is served by a food facility without packaging or labeling, as
described in Section 114365, shall be identified to the consumer as
homemade on the menu, menu board, or other location that would
reasonably inform a consumer of its homemade status.
(a) Food prepackaged in a food facility shall bear a label
that complies with the labeling requirements prescribed by the
Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section
109875)), 21 C.F.R. 101-Food Labeling, 9 C.F.R. 317-Labeling,
Marking Devices, and Containers, and 9 C.F.R. 381-Subpart N Labeling
and Containers, and as specified under Sections 114039 and 114039.1.
(b) Label information shall include the following:
(1) The common name of the food, or absent a common name, an adequately descriptive identity statement.
(2) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food.
(3) An accurate declaration of the quantity of contents.
(4) The name and place of business of the manufacturer, packer, or distributor.
(5) Except as exempted in the Federal Food, Drug, and Cosmetic Act (Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.)), nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling.
(c) Bulk food that is available for consumer self-service shall be prominently labeled with either of the following in plain view of the consumer:
(1) The manufacturer's or processor's label that was provided with the food.
(2) A card, sign, or other method of notification that includes the information specified under paragraphs (1), (2), and (5) of subdivision (b).
(b) Label information shall include the following:
(1) The common name of the food, or absent a common name, an adequately descriptive identity statement.
(2) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food.
(3) An accurate declaration of the quantity of contents.
(4) The name and place of business of the manufacturer, packer, or distributor.
(5) Except as exempted in the Federal Food, Drug, and Cosmetic Act (Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.)), nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling.
(c) Bulk food that is available for consumer self-service shall be prominently labeled with either of the following in plain view of the consumer:
(1) The manufacturer's or processor's label that was provided with the food.
(2) A card, sign, or other method of notification that includes the information specified under paragraphs (1), (2), and (5) of subdivision (b).
(a) Except as specified in subdivision (c) of Section
114089, every bakery product shall have a protective wrapping that
shall bear a label that complies with the labeling requirements
prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)).
(b) Bakery products sold directly to a restaurant, catering service, retail bakery, or sold over the counter directly to the consumer by the manufacturer or bakery distributor shall be exempt from the labeling provisions of this section.
(c) French style, hearth-baked, or hard-crusted loaves and rolls shall be considered properly wrapped if contained in an open-end bag that encloses the loaves or rolls.
(b) Bakery products sold directly to a restaurant, catering service, retail bakery, or sold over the counter directly to the consumer by the manufacturer or bakery distributor shall be exempt from the labeling provisions of this section.
(c) French style, hearth-baked, or hard-crusted loaves and rolls shall be considered properly wrapped if contained in an open-end bag that encloses the loaves or rolls.
(a) If required by law, consumer warnings shall be
provided.
(b) Food facility's or manufacturer's dating information on foods may not be concealed or altered.
(b) Food facility's or manufacturer's dating information on foods may not be concealed or altered.
In a licensed health care facility and a public or private
school cafeteria, the following shall apply:
(a) Only pasteurized juice may be served.
(b) Only pasteurized fluid and dry milk and milk products complying with Grade A standards as specified in law shall be served.
(c) Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages, and, except as specified in subdivision (e), recipes in which more than one egg is broken and the eggs are combined.
(d) (1) Food shall not be reserved where the food was already served to patients or clients who are under contact precautions in medical isolation or quarantine or protective environment isolation.
(2) Food shall not be reserved to a patient or client in protective environment isolation.
(e) The following foods may not be served or offered for sale in a ready-to-eat form:
(1) Raw foods of animal origin such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare.
(2) A partially cooked food of animal origin, such as lightly cooked fish, rare meat, soft-cooked eggs, that is made from raw shell eggs, and meringue.
(3) Raw seed sprouts.
(f) Subdivision (c) does not apply in any of the following instances:
(1) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified under Section 114004, and served immediately, such as an omelet, soufflé, or scrambled eggs.
(2) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread.
(3) The preparation of the food is conducted under a HACCP plan that:
(A) Identifies the food to be prepared.
(B) Prohibits contacting ready-to-eat food with bare hands.
(C) Includes specifications and practices that ensure salmonella enteritidis growth is controlled before and after cooking and is destroyed by cooking the eggs to an internal temperature of 145 F.
(D) Contains the information specified under a HACCP plan, including procedures that control cross-contamination of ready-to-eat food with raw eggs, and delineate cleaning and sanitization procedures for food-contact surfaces.
(E) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.
(a) Only pasteurized juice may be served.
(b) Only pasteurized fluid and dry milk and milk products complying with Grade A standards as specified in law shall be served.
(c) Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages, and, except as specified in subdivision (e), recipes in which more than one egg is broken and the eggs are combined.
(d) (1) Food shall not be reserved where the food was already served to patients or clients who are under contact precautions in medical isolation or quarantine or protective environment isolation.
(2) Food shall not be reserved to a patient or client in protective environment isolation.
(e) The following foods may not be served or offered for sale in a ready-to-eat form:
(1) Raw foods of animal origin such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare.
(2) A partially cooked food of animal origin, such as lightly cooked fish, rare meat, soft-cooked eggs, that is made from raw shell eggs, and meringue.
(3) Raw seed sprouts.
(f) Subdivision (c) does not apply in any of the following instances:
(1) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified under Section 114004, and served immediately, such as an omelet, soufflé, or scrambled eggs.
(2) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread.
(3) The preparation of the food is conducted under a HACCP plan that:
(A) Identifies the food to be prepared.
(B) Prohibits contacting ready-to-eat food with bare hands.
(C) Includes specifications and practices that ensure salmonella enteritidis growth is controlled before and after cooking and is destroyed by cooking the eggs to an internal temperature of 145 F.
(D) Contains the information specified under a HACCP plan, including procedures that control cross-contamination of ready-to-eat food with raw eggs, and delineate cleaning and sanitization procedures for food-contact surfaces.
(E) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.
Notwithstanding Section 114004, a ready-to-eat salad
dressing or sauce containing a raw or less-than-thoroughly cooked egg
as an ingredient, and other ready-to-eat foods made from or
containing eggs, comminuted meat, or single pieces of meat, including
beef, veal, lamb, pork, poultry, fish, and seafood, that are raw or
have not been thoroughly cooked as specified in Section 114004 may be
served if either of the following requirements is met:
(a) The consumer specifically orders that the food be individually prepared less than thoroughly cooked.
(b) The food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.
(a) The consumer specifically orders that the food be individually prepared less than thoroughly cooked.
(b) The food facility notifies the consumer, orally or in writing, at the time of ordering, that the food is raw or less than thoroughly cooked.
(a) Any food facility that serves or sells over the
counter directly to the consumer an unlabeled or nonprepackaged food
that is a confectionery that contains alcohol in excess of one-half
of 1 percent by weight shall provide written notice to the consumer
of that fact.
(b) The notice shall be prominently displayed or be provided in some other manner, as determined by the department.
(c) The department shall adopt regulations to govern the notice required by this section in order to effectuate the purposes of this section.
(b) The notice shall be prominently displayed or be provided in some other manner, as determined by the department.
(c) The department shall adopt regulations to govern the notice required by this section in order to effectuate the purposes of this section.
(a) A food facility subject to Section 343(q)(5)(H) of
Title 21 of the United States Code or subject to this section as it
read on July 1, 2011, shall comply with the requirements of that
section of the United States Code and the regulations adopted
pursuant thereto.
(b) Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104), and to the extent permitted by federal law:
(1) Enforcement of this section shall be made pursuant to Section 113713.
(2) (A) A violation of this section is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.
(B) Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.
(c) Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the department or local enforcement agency, as set forth in Section 113713.
(d) This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States Code.
(b) Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104), and to the extent permitted by federal law:
(1) Enforcement of this section shall be made pursuant to Section 113713.
(2) (A) A violation of this section is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.
(B) Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.
(c) Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the department or local enforcement agency, as set forth in Section 113713.
(d) This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States Code.
(a) A retail food facility shall not sell or offer for
sale after the "use by" date, infant formula or baby food that is
required to have this date on its packaging pursuant to the federal
act, as defined in Section 109930, and federal regulations adopted
pursuant to the federal act, including, but not limited to, Section
107.20 of Title 21 of the Code of Federal Regulations.
(b) Notwithstanding Section 114395, any retail food facility that violates this section is guilty of an infraction, punishable by a fine of not more than ten dollars ($10) per day for each item sold or offered for sale after the "use by" date. The fine shall be calculated based upon the number of days past the "use by" date that the product is either found being offered for sale, or if the product is sold, the date of sale as established by evidence of the proof of purchase, including, but not limited to, a sales receipt.
(c) An enforcement agency may assess administrative penalties on a retail food facility that violates this section in the amount of ten dollars ($10) per day for each item sold or offered for sale, in addition to other penalties authorized by law.
(d) For purposes of this section, the following definitions shall apply:
(1) "Baby food" shall have the meaning given to "baby foods" in paragraph (c) of Section 407.81 of Title 40 of the Code of Federal Regulations.
(2) "Infant formula" shall have the meaning given in subdivision (z) of Section 321 of Title 21 of the United States Code.
(b) Notwithstanding Section 114395, any retail food facility that violates this section is guilty of an infraction, punishable by a fine of not more than ten dollars ($10) per day for each item sold or offered for sale after the "use by" date. The fine shall be calculated based upon the number of days past the "use by" date that the product is either found being offered for sale, or if the product is sold, the date of sale as established by evidence of the proof of purchase, including, but not limited to, a sales receipt.
(c) An enforcement agency may assess administrative penalties on a retail food facility that violates this section in the amount of ten dollars ($10) per day for each item sold or offered for sale, in addition to other penalties authorized by law.
(d) For purposes of this section, the following definitions shall apply:
(1) "Baby food" shall have the meaning given to "baby foods" in paragraph (c) of Section 407.81 of Title 40 of the Code of Federal Regulations.
(2) "Infant formula" shall have the meaning given in subdivision (z) of Section 321 of Title 21 of the United States Code.
