Section 110805 Of Article 6. Misbranded Food From California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 5. >> Article 6.
110805
. (a) Except as otherwise provided in this section, no
chopped or ground beef or hamburger that is offered for sale in any
retail food production and marketing establishment or frozen food
locker plant shall be advertised, labeled, or otherwise held out in
any manner to describe or suggest its quality or relative leanness or
fat content unless the label, advertisement, or other representation
accurately discloses the maximum fat content thereof by the
designation "Does not exceed __ percent fat". However, in no case
shall the fat content of any chopped or ground beef or hamburger
exceed 30 percent fat, except in no case shall the fat content exceed
26 percent in the case of chopped or ground beef or hamburger
processed from the primal cut of chuck when the primal cut
designation is being used.
(b) No designation such as, but not limited to, "lean," "super
lean," "premium," "deluxe" or similar terms descriptive of quality,
leanness, or fat content shall be included on the label unless the
label also contains a fat-weight designation as specified in
subdivision (a). However, as an alternative to including the
fat-weight designation on the label, the fat-weight designation
required by this section may be disclosed by means of a sign placed
immediately adjacent to the counter on which the chopped or ground
beef or hamburger is displayed. This sign shall be within plain view
of prospective purchasers and shall display the appropriate
designation specified in subdivision (a) in boldface print.
(c) Chopped or ground beef or hamburger that is processed from
primal cuts of round or sirloin shall not be required to disclose the
maximum fat content if there is no reference to leanness or other
quality designation relating to fat content other than the primal cut
from which the product is derived. If there is a reference to
leanness or any other quality designation relating to fat content,
the maximum fat designation shall be a fat-weight designation as
specified in subdivision (a).
(d) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any chopped or ground beef
or hamburger that is labeled in violation of this section.