Article 6. Enforcement of California Health And Safety Code >> Division 2. >> Chapter 4. >> Article 6.
(a) The department shall administer this chapter.
(b) In order to carry out this chapter, any duly authorized
representative of the department may do any of the following:
(1) Enter or inspect on an announced or unannounced basis any
building, premise, equipment, materials, records, or information at
any reasonable time to secure compliance with, or prevent a violation
of, this chapter or the regulations adopted pursuant thereto.
(2) Inspect, photograph, or copy any records, reports, test
results, test specimens, or other information related to the
requirements of this chapter or the regulations adopted pursuant
(3) Secure any sample, photograph, or other evidence from any
building or premise for the purpose of enforcing this chapter or the
regulations adopted pursuant thereto.
(a) Licenses shall be suspended or revoked by the department
for the violation of any provision of this chapter, or of any rule or
regulation made by the department under authority conferred by this
chapter. The proceedings shall be conducted in accordance with
(b) Licenses may be denied for any reason applicable to revocation
and suspension of licenses.
(c) District and city attorneys shall prosecute violations of this
chapter upon evidence of violations within their respective
jurisdictions submitted by the department.
Nothing in this chapter shall be considered to be in conflict
with Part 5 (commencing with Section 109875) of Division 104 of this
code and all provisions of that division shall apply to biologics
within the meaning of this chapter, except that this chapter shall
not apply to products of:
(a) A laboratory licensed by the Public Health Service, United
States Department of Health, Education and Welfare.
(b) A laboratory licensed by the Animal Inspection and Quarantine
Branch, Agricultural Research Service, United States Department of
The violation of any provision of this chapter is a
misdemeanor punishable by a fine of not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), or by
imprisonment for not more than 30 days, or by both.
(a) It is a felony punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for two, four, or
six years, for any person to donate blood, body organs or other
tissue, semen to any medical center or semen bank that receives semen
for purposes of artificial insemination, or breast milk to any
medical center or breast milk bank that receives breast milk for
purposes of distribution, whether he or she is a paid or a volunteer
donor, who knows that he or she has acquired immunodeficiency
syndrome (AIDS), as diagnosed by a physician and surgeon, or who
knows that he or she has tested reactive to HIV. This section shall
not apply to any person who is mentally incompetent or who
self-defers his or her blood at a blood bank or plasma center
pursuant to subdivision (b) of Section 1603.3 or who donates his or
her blood for purposes of an autologous donation.
(b) In a criminal investigation for a violation of this section,
no person shall disclose the results of a blood test to detect the
etiologic agent of AIDS or antibodies to that agent to any officer,
employee, or agent of a state or local agency or department unless
the test results are disclosed as otherwise required by law pursuant
to any one of the following:
(1) A search warrant issued pursuant to Section 1524 of the Penal
(2) A judicial subpoena or subpoena duces tecum issued and served
in compliance with Chapter 2 (commencing with Section 1985) of Title
3 of Part 4 of the Code of Civil Procedure.
(3) An order of a court.
(c) For purposes of this section, "blood" means "human whole blood"
and "human whole blood derivatives," as defined for purposes of this
chapter and includes "blood components," as defined in subdivision
(k) of Section 1603.1.