Section 110590 Of Article 5. Adulterated Food From California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 5. >> Article 5.
110590
. Any food is adulterated if it is confectionery and any one
of the following conditions exist:
(a) It has partially or completely embedded therein any
nonnutritive object, provided that this subdivision shall not apply
in the case of any nonnutritive object if, in the judgment of the
department as provided by regulation, the object is of practical
functional value to the confectionery product and would not render
the product injurious or hazardous to health.
(b) It bears or contains any alcohol in excess of 5 percent by
weight.
(c) It bears or contains any nonnutritive substance, provided that
this subdivision shall not apply to a safe nonnutritive substance
that is in or on confectionery by reason of its use for some
practical functional purpose in the manufacture, packaging, or
storage of the confectionery if the use of the substance does not
promote deception of the consumer or otherwise result in adulteration
or misbranding in violation of any provision of this act; and
provided further that the department may, for the purpose of avoiding
or resolving uncertainty as to the application of this clause, issue
regulations allowing or prohibiting the use of particular
nonnutritive substances.