text:
(a) For purposes of this section, the following definitions apply:

(1) “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.

(2) “Designated list” means any of the following, including subsequent revisions when adopted by the authoritative body:

(A) Chemicals known to the State of California to cause cancer or reproductive toxicity that are listed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5 of Division 20)).

(B) Chemicals classified by the European Union as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A or 1B in Annex VI to Regulation (EC) 1272/2008.

(C) Chemicals included in the European Union Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(f) for endocrine disrupting properties.

(D) Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the federal Environmental Protection Agency’s Integrated Risk Information System.

(E) Chemicals that are identified as carcinogenic to humans, likely to be carcinogenic to humans, or as Group A, B1, or B2 carcinogens in the federal Environmental Protection Agency’s Integrated Risk Information System.

(F) Chemicals included in the European Chemicals Agency Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(d), Article 57(e), or Article 57(f) of Regulation (EC) 1907/2006 for persistent, bioaccumulative and toxic, or very persistent and very bioaccumulative, properties.

(G) Chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List.

(H) Chemicals classified by the European Union in Annex VI to Regulation (EC) 1272/2008 as respiratory sensitizer category 1.

(I) Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer.

(J) Neurotoxicants that are identified in the federal Agency for Toxic Substances and Disease Registry’s Toxic Substances Portal, Health Effects of Toxic Substances and Carcinogens, Nervous System.

(K) Persistent bioaccumulative and toxic priority chemicals that are identified by the federal Environmental Protection Agency National Waste Minimization Program.

(L) Reproductive or developmental toxicants identified in Monographs on the Potential Human Reproductive and Developmental Effects published by the federal National Toxicology Program, Office of Health Assessment and Translation.

(M) Chemicals identified by the federal Environmental Protection Agency’s Toxics Release Inventory as Persistent, Bioaccumulative and Toxic Chemicals that are subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001, et seq.).

(N) The Washington Department of Ecology’s Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code.

(O) Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 13th Report on Carcinogens prepared by the federal National Toxicology Program.

(P) Chemicals for which notification levels, as defined in Section 116455, have been established by the State Department of Public Health or the State Water Resources Control Board.

(Q) Chemicals for which primary maximum contaminant levels have been established and adopted under Section 64431 or 64444 of Title 22 of the California Code of Regulations.

(R) Chemicals identified as toxic air contaminants under Section 93000 or 93001 of Title 17 of the California Code of Regulations.

(S) Chemicals that are identified as priority pollutants in the California water quality control plans pursuant to subdivision (c) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1341) and in Section 131.38 of Title 40 of the Code of Federal Regulations, or identified as pollutants by the state or the federal Environmental Protection Agency for one or more water bodies in the state under subdivision (d) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1341) and Section 130.7 of Title 40 of the Code of Federal Regulations.

(T) Chemicals that are identified with noncancer endpoints and listed with an inhalation or oral reference exposure level by the Office of Environmental Health Hazard Assessment pursuant to paragraph (2) of subdivision (b) of Section 44360.

(U) Chemicals identified as priority chemicals by the California Environmental Contaminant Biomonitoring Program pursuant to Section 105449.

(V) Chemicals that are identified on Part A of the List of Chemicals for Priority Action prepared by the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic.

(3) “Flavor ingredient” means any intentionally added substance or complex mixture of aroma chemicals, flavor chemicals, natural essential oils, and other functional ingredient or ingredients for which the purpose is to impart a flavor or taste, or to counteract a flavor or taste.

(4) “Fragrance ingredient” means any intentionally added substance or complex mixture of aroma chemicals, natural essential oils, and other functional ingredient or ingredients for which the purpose is to impart an odor or scent, or to counteract an odor.

(5) “Manufacturer” means any entity whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations.

(6) “Professional cosmetic” has the same meaning as provided in paragraph (3) of subdivision (b) of Section 110371.

(b) (1) Commencing January 1, 2022, a manufacturer of a cosmetic product sold in the state shall disclose all of the following information to the Division of Environmental and Occupational Disease Control within the State Department of Public Health:

(A) A list of each fragrance ingredient or flavor ingredient that is included on a designated list, as defined in paragraph (2) of subdivision (a), and present in the cosmetic product. This section does not require a manufacturer of a cosmetic product to disclose the presence of any fragrance ingredient or flavor ingredient that is not included on a designated list.

(B) A list of each fragrance allergen included in Annex III of the EU Cosmetics Regulation No. 1223/2009, as required to be disclosed pursuant to the EU Detergents Regulation No. 21 648/2004, and subsequent updates to those regulations, that is present in a rinse-off cosmetic product at a concentration at or above 0.01 percent (100 parts per million) or in a leave-on cosmetic product at a concentration at or above 0.001 percent (10 parts per million). Those ingredients shall appear on the database in a unique manner that distinguishes those ingredients from other reportable ingredients and indicates that they are hazardous only to individuals who suffer from fragrance allergies.

(C) Whether the cosmetic product is intended for professional use or retail cosmetic use.

(D) The Chemical Abstracts Service (CAS) number for each ingredient or allergen that requires disclosure pursuant to subparagraph (A) or (B).

(E) The corresponding Universal Product Code (UPC) for the cosmetic product described in subparagraph (A).

(2) (A) To protect trade secrets, this section does not require a manufacturer to disclose the weight or amount of an ingredient that requires disclosure pursuant to subparagraph (A) or (B) of paragraph (1) or to disclose the manner in which a cosmetic product or intentionally added fragrance ingredient or flavor ingredient is formulated. A manufacturer may protect as a trade secret, and is not required to disclose, any ingredient or combination of ingredients that is not on a designated list or required to be disclosed pursuant to subparagraph (A) or (B) of paragraph (1). A fragrance ingredient or flavor ingredient that is included in a designated list, or a fragrance allergen that requires disclosure pursuant to subparagraph (B) of paragraph (1), does not constitute a trade secret.

(B) Pursuant to Section 7927.705 of the Government Code, a fragrance ingredient or flavor ingredient that constitutes a trade secret is not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(3) (A) A manufacturer that is required to disclose a fragrance ingredient or flavor ingredient pursuant to paragraph (1) due to a change in a designated list shall disclose the ingredient no later than six months after the revised list is adopted by the authoritative body, or six months after the revised list becomes effective, whichever is later.

(B) The State Department of Public Health shall create a voluntary electronic mailing list for the department to provide updates on the inclusion or deletion of fragrance allergens, fragrance ingredients, and flavor ingredients on the designated lists.

(c) (1) Commencing January 1, 2022, the Division of Environmental and Occupational Disease Control shall post on the database created pursuant to Section 111792, in an easily readable format, all of the following information related to a cosmetic product described in, and disclosed pursuant to, subparagraph (A) of paragraph (1) of subdivision (b):

(A) A list of all fragrance ingredients and flavor ingredients that are included on a designated list and all fragrance allergens required to be disclosed pursuant to subparagraph (B) of paragraph (1) of subdivision (b).

(B) The health hazards associated with each fragrance ingredient or flavor ingredient.

(2) The division shall identify whether an ingredient is a fragrance ingredient or a flavor ingredient.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 278. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)


kind: section

code: HSC

text:
(a) If the division determines pursuant to an investigation that an ingredient in a cosmetic product is potentially toxic at the concentrations present in the product or under the conditions used, the division shall immediately refer the results of its investigation to the Division of Occupational Safety and Health in the Department of Industrial Relations and the Office of Environmental Health Hazard Assessment.

(b) Within 180 days after it receives the results of an investigation pursuant to subdivision (b), the Division of Occupational Safety and Health shall, pursuant to Section 147.1 of the Labor Code, develop and present one or more proposed occupational health standards to the Occupational Safety and Health Standards Board in the Department of Industrial Relations, unless the Division of Occupational Safety and Health affirmatively determines, in a written finding within 90 days, that a standard is not necessary to protect the health of an employee who has regular exposure to the hazard for the period of his or her working life. The written finding shall identify the reasons for determining the standard is not necessary and the factual basis for the finding.

history: (History: Added by Stats. 2005, Ch. 729, Sec. 2. Effective January 1, 2006.)

division: 104. ENVIRONMENTAL HEALTH

chapter: 7. Cosmetics

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 7. Cosmetics > 3.5. Chronic Health Effects of Cosmetics


text:
(a) The Legislature finds and declares the following:

(1) The Cosmetic Ingredient Review (CIR) panel is a nongovernmental body established and funded by the cosmetics industry to review the safety of cosmetic ingredients.

(2) According to a 2004 analysis of the 2003 CIR Compendium by the Environmental Working Group, 54 cosmetic products violate the CIR’s own safe use recommendations to manufacturers by containing an ingredient that the CIR has found is not safe for the specific use indicated on the product’s label.

(3) Federal regulations (21 C.F.R. 740.10) require every ingredient in a cosmetic product and every finished cosmetic product to be adequately substantiated for safety prior to marketing, and state that any ingredient or product whose safety has not been adequately substantiated prior to marketing is misbranded unless it displays a warning statement declaring, “The safety of this product has not been determined.”

(b) The division may, as early as feasible within existing resources, determine whether the products identified in paragraph (2) of subdivision (a) have been adequately substantiated for safety pursuant to Section 740.10 of Title 21 of the Code of Federal Regulations. For any product adequately substantiated for safety, the division shall determine if the product contains any ingredient that the CIR has found is not safe for the specific use indicated on the product’s label.

(c) If the division finds that a product has been adequately substantiated for safety despite containing an ingredient that the CIR has found is not safe for the specific use indicated on the product’s label, the division shall refer its findings to the Attorney General and the federal Food and Drug Administration for possible enforcement action pursuant to this part and the federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).

part: 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS

article: 3.5. Chronic Health Effects of Cosmetics


text:
(a) Any person who manufactures a cosmetic in this state may register with the department. Any registration issued under this article shall be valid for one calendar year from the date of issue, unless it is suspended or revoked. The registration shall not be transferable.

(b) A separate registration shall be required for each place of manufacture.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

article: 4. Voluntary Registration

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 7. Cosmetics > 4. Voluntary Registration


text: A registration application form provided by the department shall be completed annually and accompanied by an application fee of three hundred fifty dollars ($350). This fee shall not be returnable if the registration is denied. The fee amount shall be adjusted annually pursuant to Section 100425. All fees collected pursuant to this section shall be deposited into the Export Document Program Fund established by Section 110240.

article: 4. Voluntary Registration


text: Any person registered pursuant to this article shall immediately notify the department of any change in the information reported in the registration application.

article: 4. Voluntary Registration


text:
(a) Prior to issuing a registration under Section 111795, the department shall inspect each place of business to determine ownership, adequacy of facilities, personnel qualifications, and compliance with this part. The department shall annually inspect each registrant.

(b) The department shall provide to each registrant a validated copy of the completed registration application form, sent to the mailing address shown on the form, as evidence of valid registration.

article: 4. Voluntary Registration


text: The department shall make any investigations or inspections authorized by Article 2 (commencing with Section 110410) of Chapter 2 as it deems necessary to carry out this article.

article: 4. Voluntary Registration


text: Any violation of this part or any regulation adopted pursuant to this part shall be grounds for denying a registration or for suspending or revoking a registration. Proceedings for the denial, suspension, or revocation of the registration shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted in that chapter.

article: 4. Voluntary Registration


text:
For purposes of this chapter, the following definitions apply:

(a) “Confidential business information” means an intentionally added ingredient or combination of ingredients for which a claim has been approved by the federal Environmental Protection Agency for inclusion on the Toxic Substances Control Act (TSCA) Confidential Inventory or for which the manufacturer or its supplier claim protection under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code). “Confidential business information” shall not include any of the following:

(1) An intentionally added ingredient or combination of ingredients that is on a designated list, as defined in subdivision (b).

(2) A fragrance allergen included on Annex III of the European Union (EU) Cosmetics Regulation No. 1223/2009 or subsequent updates to those regulations, when present in the product at a concentration at or above 0.001 percent (10 parts per million).

(b) “Designated list” means any of the following, including subsequent revisions when adopted by the authoritative body:

(1) Chemicals known to the State of California to cause cancer or reproductive toxicity that are listed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of Division 20).

(2) Chemicals classified by the EU as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A or 1B in Annex VI to Regulation (EC) 1272/2008.

(3) Chemicals included in the EU Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(f) for endocrine disrupting properties.

(4) Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the federal Environmental Protection Agency’s Integrated Risk Information System.

(5) Chemicals that are identified as carcinogenic to humans, likely to be carcinogenic to humans, or as Group A, B1, or B2 carcinogens in the federal Environmental Protection Agency’s Integrated Risk Information System.

(6) Chemicals included in the EU Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(d), Article 57(e), or Article 57(f) for persistent, bioaccumulative and toxic, or very persistent and very bioaccumulative, properties.

(7) Chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List.

(8) Chemicals classified by the EU in Annex VI to Regulation (EC) 1272/2008 as respiratory sensitizer category 1.

(9) Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer.

(10) Neurotoxicants that are identified in the federal Agency for Toxic Substances and Disease Registry’s Toxic Substances Portal, Health Effects of Toxic Substances and Carcinogens, Nervous System.

(11) Persistent bioaccumulative and toxic priority chemicals that are identified by the federal Environmental Protection Agency National Waste Minimization Program.

(12) Reproductive or developmental toxicants identified in Monographs on the Potential Human Reproductive and Developmental Effects published by the federal National Toxicology Program, Office of Health Assessment and Translation.

(13) Chemicals identified by the federal Environmental Protection Agency’s Toxics Release Inventory as Persistent, Bioaccumulative and Toxic Chemicals that are subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001, et seq.).

(14) The Washington Department of Ecology’s Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code.

(15) Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 13th Report on Carcinogens prepared by the federal National Toxicology Program.

(16) Chemicals for which notification levels, as defined in Section 116455, have been established by the State Department of Public Health or the State Water Resources Control Board.

(17) Chemicals for which primary maximum contaminant levels have been established and adopted under Section 64431 or 64444 of Title 22 of the California Code of Regulations.

(18) Chemicals identified as toxic air contaminants under Section 93000 or 93001 of Title 17 of the California Code of Regulations.

(19) Chemicals that are identified as priority pollutants in the California water quality control plans pursuant to subdivision (c) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1341) and in Section 131.38 of Title 40 of the Code of Federal Regulations, or identified as pollutants by the state or the federal Environmental Protection Agency for one or more water bodies in the state under subdivision (d) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1341) and Section 130.7 of Title 40 of the Code of Federal Regulations.

(20) Chemicals that are identified with noncancer endpoints and listed with an inhalation or oral reference exposure level by the Office of Environmental Health Hazard Assessment pursuant to paragraph (2) of subdivision (b) of Section 44360.

(21) Chemicals identified as priority chemicals by the California Environmental Contaminant Biomonitoring Program pursuant to Section 105449.

(22) Chemicals that are identified on Part A of the list of Chemicals for Priority Action prepared by the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic.

(c) (1) “Fragrance ingredient” means an intentionally added substance or complex mixture of aroma chemicals, natural essential oils, and other functional ingredient present in a menstrual product for which the sole purpose is to impart an odor or scent, or to counteract odor, and that is any of the following:

(A) Present in a menstrual product at a concentration at or above 0.01 percent (100 parts per million), unless the substance is confidential business information, in which case the manufacturer may identify the ingredient by its common name to protect its confidential identity pursuant to subdivision (b) of Section 111822.2.

(B) Included on a designated list.

(C) A fragrance allergen included in Annex III of the EU Cosmetics Regulation No. 1223/2009 or subsequent updates to that regulation when present in the menstrual product in a concentration at or above 0.001 percent (10 parts per million).

(2) The manufacturer shall determine the total concentration of each fragrance ingredient by calculating the total amount of fragrance ingredient as a percentage of the total weight of the menstrual product.

(d) “Ingredient” means a fragrance ingredient or other intentionally added substance or combination of substances present in the menstrual product, unless the intentionally added substance or combination of substances is confidential business information, in which case the manufacturer may identify the ingredient by its common name to protect its confidential identity pursuant to subdivision (b) of Section 111822.2.

(e) “Intentionally added” means a substance that serves a technical or functional purpose in the finished menstrual product.

(f) “Manufacturer” means either of the following:

(1) A person or entity that manufactures the menstrual product and whose name appears on the product label.

(2) A person or entity for whom the product is manufactured or distributed, as identified on the product label pursuant to the federal Fair Packaging and Labeling Act.

(g) “Menstrual product” means a product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable.

history: (History: Added by Stats. 2020, Ch. 272, Sec. 1. (AB 1989) Effective January 1, 2021.)

chapter: 7.5. Menstrual Products

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 7.5. Menstrual Products


text:
(a) A package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state shall have printed on the label a plain and conspicuous list of all ingredients in the product.

(b) The ingredients shall be listed in order of predominance by weight in the menstrual product, except that ingredients present at a weight below one percent may be listed in any order following the other ingredients. Ingredients shall be identified using a standardized nomenclature, including, but not limited to, the International Nomenclature of Cosmetic Ingredients (INCI), the Household Commercial Products Association’s Consumer Product Ingredient Dictionary (HCPA Dictionary), or common chemical name. If a standardized nomenclature does not otherwise exist for an ingredient, a name established by the Center for Baby and Adult Hygiene Products (BAHP) shall be used by all menstrual product manufacturers. A manufacturer may identify any ingredient that is confidential business information by its common name to protect its confidential identity.

(c) Commencing January 1, 2023, a manufacturer of a menstrual product that is manufactured for sale or distribution in the state shall post on an internet website, in an electronically readable format, the ingredient information that is required to be disclosed on a package or box containing menstrual products pursuant to subdivision (a).

(d) This section does not prohibit a manufacturer from using technologies, including, but not limited to, digital link, to communicate the information required by this section.


text:
(a) When a manufacturer is required to make a revision to information disclosed online due to a change in a designated list or a change in an ingredient or addition of a new ingredient, the manufacturer shall make the revision no later than six months after the change or addition of the ingredient, or after the adoption of the revised designated list by its authoritative body, unless a later effective date for changes to a designated list is imposed by the relevant authoritative body.

(b) When a manufacturer is required to change the label on a menstrual product because of a change in a designated list or a change to an ingredient or addition of a new ingredient, the manufacturer shall make the change within 18 months of the change or addition of the ingredient, or after the adoption of the revised designated list by its authoritative body, unless a later effective date is imposed by the relevant authoritative body.


text: A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients pursuant to the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) shall maintain justification for protecting confidential business information consistent with the requirements of the act and provide that justification on request for audit by the Attorney General.


text: The requirements of this chapter apply in addition to other labeling requirements established in law.


text: A menstrual product shall not be sold in the state unless the menstrual product and the manufacturer of the menstrual product comply with this chapter.


text:
(a) A person who violates a provision of this part or a regulation adopted pursuant to this part shall, if convicted, be subject to imprisonment for not more than one year in a county jail or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine.

(b) Notwithstanding subdivision (a), a person who violates Section 111865 by removing, selling, or disposing of an embargoed food, drug, device, or cosmetic without the permission of an authorized agent of the department or court shall, if convicted, be subject to imprisonment for not more than one year in a county jail or a fine of not more than ten thousand dollars ($10,000), or both the fine and imprisonment.

(c) (1) Notwithstanding subdivision (a), a person who purchases or sells a foreign dangerous drug or medical device, an illegitimate product, as defined in Section 360eee(8) of Title 21 of the United States Code, or a suspect product, as defined in Section 360eee(21) of Title 21 of the United States Code, that is not approved or otherwise authorized by the United States Food and Drug Administration or that is obtained outside of the licensed supply chain regulated by the United States Food and Drug Administration, California State Board of Pharmacy, or State Department of Public Health is guilty of a misdemeanor and subject to imprisonment for not more than one year in a county jail, a fine of not more than ten thousand dollars ($10,000) per occurrence, or both the imprisonment and fine.

(2) This subdivision does not apply to those individuals determined by the United States Food and Drug Administration to have acted in compliance with the requirements under Part H (commencing with Section 360eee) of Subchapter V of Chapter 9 of Title 21 of the United States Code with regard to the illegitimate or suspect products.

(d) If the violation is committed after a previous conviction under this section that has become final, or if the violation is committed with intent to defraud or mislead, or if the person committed a violation of Section 110625 or 111300 that was intentional or that was intended to cause injury, the person shall be subject to imprisonment for not more than one year in a county jail, imprisonment in the state prison, or a fine of not more than ten thousand dollars ($10,000), or both the imprisonment and fine.

(e) This section does not preclude punishment under any other law that provides for a greater punishment.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 341. (AB 731) Effective January 1, 2016.)

chapter: 8. Penalties and Remedies

article: 1. Penalties

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 8. Penalties and Remedies > 1. Penalties


text: Upon conviction of any violation of this part, or any regulation adopted pursuant to this part, the court may require, as a condition of probation under Section 1203.1 of the Penal Code, that the defendant pay to the department the reasonable costs incurred by the department in investigating and prosecuting the action, including, but not limited to, the costs of storage and testing. This payment shall be in addition to any other costs that a court is authorized to require a defendant to pay under Section 1203.1 of the Penal Code.

article: 1. Penalties


text: One-half of all fines collected by any court or judge for any violation of any provision of this part shall be paid into the State Treasury to the credit of the General Fund.

article: 1. Penalties


text: The Attorney General, any district attorney, or any city attorney to whom the department reports any violation of this part shall begin appropriate proceedings in the proper court.

article: 2. Proceedings

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 8. Penalties and Remedies > 2. Proceedings


text: The department is not required to institute proceedings under this part for minor violations of this part, if the department believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

article: 2. Proceedings


text: When the state asserts a violation of this part, the state need not negative any exemption or exception from the requirements of this part in any pleading or in any trial, hearing, or other proceeding. The burden of proof with respect to any exemption or exception rests upon the person claiming its benefit.

article: 2. Proceedings


text:
(a) If any person violates any provision of this part, or any regulation adopted pursuant to this part, the department may assess a civil penalty against that person as provided by this section.

(b) The penalty may be in an amount not to exceed one thousand dollars ($1,000) per day unless the penalty is for a violation of Section 111825, in which case the penalty may be in an amount not to exceed ten thousand dollars ($10,000) per day. Each day a violation continues shall be considered a separate violation.

(c) If, after examination of a possible violation and the facts surrounding that possible violation, the department concludes that a violation has occurred, the department may issue a complaint to the person charged with the violation. The complaint shall allege the acts or failures to act that constitute the basis for the violation and the amount of the penalty. The complaint shall be served by personal service or by certified mail and shall inform the person so served of the right to a hearing.

(d) Any person served with a complaint pursuant to subdivision (c) of this section may, within 20 days after service of the complaint, request a hearing by filing with the department a notice of defense. A notice of defense is deemed to have been filed within the 20-day period if it is postmarked within the 20-day period. If a hearing is requested by the person, it shall be conducted within 90 days after the receipt by the department of the notice of defense. If no notice of defense is filed within 20 days after service of the complaint, the department shall issue an order setting the penalty as proposed in the complaint unless the department and the person have entered into a settlement agreement, in which case the department shall issue an order setting the penalty in the amount specified in the settlement agreement. When the person has not filed a notice of defense or where the department and the person have entered into a settlement agreement, the order shall not be subject to review by any court or agency.

(e) Any hearing required under this section shall be conducted pursuant to the procedures specified in Section 100171, except to the extent they are inconsistent with the specific requirements of this section.

(f) Orders setting civil penalties under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint.

(g) Within 30 days after service of a copy of a decision issued by the director after a hearing, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of the decision or order of the director in any judicial proceeding brought to enforce the decision or order or for other remedies. Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this part or the accrual of any penalties assessed pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.

(h) The remedies under this section are in addition to, and do not supersede, or limit, any and all other remedies, civil or criminal.

history: (History: Amended by Stats. 2005, Ch. 401, Sec. 6. Effective January 1, 2006.)

article: 2. Proceedings


text: Whenever an authorized agent of the department finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, misbranded, or falsely advertised within the meaning of this part, or the sale of any food, drug, device, or cosmetic would be in violation of this part, that agent shall affix to the food, drug, device, cosmetic, or component thereof, a tag or other appropriate marking. He or she shall give notice that the food, drug, device, or cosmetic is, or is suspected of being, adulterated, misbranded, falsely advertised, or the sale of which would be in violation of this part and has been embargoed, and that no person shall remove or dispose of the food, drug, device, or cosmetic by sale or otherwise until permission for removal or disposal is given by an authorized agent of the department or the court.

article: 3. Seizure and Embargo

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 8. Penalties and Remedies > 3. Seizure and Embargo


text: It is unlawful for any person to remove, sell, or dispose of a detained or embargoed food, drug, device, or cosmetic without permission of an authorized agent of the department or the court.

article: 3. Seizure and Embargo


text: When an authorized agent of the department has found that a food, drug, device, or cosmetic that is embargoed, is not adulterated, misbranded, falsely advertised, or the sale of which is not otherwise in violation of this part, that agent shall remove the tag or other marking.

article: 3. Seizure and Embargo


text: When an authorized agent of the department finds, or has reasonable cause to believe, that the embargo will be violated, that agent may remove the embargoed food, drug, device, or cosmetic to a place of safekeeping.

article: 3. Seizure and Embargo


text: If a food, drug, device, or cosmetic is alleged to be adulterated, misbranded, falsely advertised, or the sale of which is otherwise in violation of this part, the department shall commence proceedings in the superior court in whose jurisdiction the food, drug, device, or cosmetic is located, for condemnation of the article.

history: (History: Amended by Stats. 2003, Ch. 449, Sec. 26. Effective January 1, 2004.)

article: 3. Seizure and Embargo


text: If the court finds that an embargoed food, drug, device, or cosmetic is adulterated, misbranded, falsely advertised, or the sale of which is otherwise in violation of this part, the food, drug, device, or cosmetic shall, after entry of the judgment, be destroyed at the expense of the claimant or owner, under the supervision of an authorized agent of the department. All court costs and fees and all reasonable costs incurred by the department in investigating and prosecuting the action, including, but not limited to, the costs of storage and testing, shall be taxed against the claimant or owner of the food, drug, device, or cosmetic or his or her agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the food, drug, device, or cosmetic, or when the false advertisement can be corrected and when all provisions of this part can be complied with, then, after entry of the judgment and after costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the food, drug, device, or cosmetic will be brought into compliance, the court may, by order, direct that the food, drug, device, or cosmetic be delivered to the claimant or owner to be brought into compliance by labeling, processing, or other means under the supervision of an authorized agent of the department. The expense of the supervision shall be paid by the claimant or owner. The bond shall be discharged when the court finds that the food, drug, device, or cosmetic is no longer held for sale in violation of this part and that all of the expenses of supervision have been paid.

article: 3. Seizure and Embargo


text: Whenever an authorized agent of the department finds any meat, meat products, seafood, poultry, vegetable, fruit, or other food that is unsound, or that contains any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health, or otherwise unsafe, that agent may declare the food to be a nuisance and the department, or its authorized agent, shall condemn or destroy it, or render it unsalable as human food by decharacterization.

article: 3. Seizure and Embargo


text: Any superior court of this state may condemn any food, drug, device, or cosmetic under provisions of this part. In the absence of an order, the food, drug, device, or cosmetic may be destroyed under the supervision of an authorized agent of the department who has the written consent of the owner, his or her attorney, or authorized representative.

history: (History: Amended by Stats. 2003, Ch. 449, Sec. 27. Effective January 1, 2004.)

article: 3. Seizure and Embargo


text: The Attorney General or any district attorney, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this part. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show, or tending to show, lack of adequate remedy at law, or to show, or tending to show, irreparable damage or loss.

article: 4. Injunctions

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 8. Penalties and Remedies > 4. Injunctions


text: In addition to the injunctive relief provided in Section 111900, or as a nonpunitive alternative to Section 111915, the court, after finding any person has violated this part, shall award to the department all reasonable costs incurred by the department in investigating and prosecuting the action, including, but not limited to, the costs of storage and testing, as determined by the court. The award shall be paid to the department by the person found by the court to have violated this part.

article: 4. Injunctions


text:
(a) Notwithstanding the provisions of Section 111900 or any other provision of law, any person may bring an action in superior court pursuant to this section and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of Article 7 (commencing with Section 110810) of Chapter 5. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the person shall not be required to allege facts necessary to show, or tending to show, lack of adequate remedy at law, or to show, or tending to show, irreparable damage or loss, or to show, or tending to show, unique or special individual injury or damages.

(b) In addition to the injunctive relief provided in subdivision (a), the court may award to that person, organization, or entity reasonable attorney’s fees as determined by the court.

(c) This section shall not be construed to limit or alter the powers of the department and its authorized agents to bring an action to enforce this chapter pursuant to Section 111900 or any other provision of law.

article: 4. Injunctions


text: Notwithstanding any provision of this part, or any other provision of law, the department shall have no affirmative obligation to administer, regulate, or enforce state law relating to organic foods except Section 110850, relating to the registration of persons who certify processors of organic foods, and Section 110875, relating to the registration of processors of organic foods.

history: (History: Added by Stats. 1996, Ch. 1023, Sec. 315. Effective September 29, 1996.)

article: 4. Injunctions


text: In addition to injunctive relief, the court may impose as a civil penalty, damages in the maximum sum of one thousand dollars ($1,000) for each day the violation is continued. Damages shall be paid one-half to this state and one-half to the county in which the action is brought if brought by the Attorney General, or entirely to the county if brought by a district attorney.

article: 4. Injunctions


text:
For purposes of this chapter, the following definitions apply:

(a) “Department” means the State Department of Public Health.

(b) “Established and approved industrial hemp program” means a program that meets any applicable requirements set forth in federal law regarding the lawful and safe cultivation of industrial hemp.

(c) “Final form product” is a product intended for consumer use to be sold at a retail premise.

(d) “Hemp manufacturer” means either of the following:

(1) A processor extracting cannabinoids from hemp biomass.

(2) A processor purchasing industrial hemp raw extract for the purpose of manufacturing a final form product.

(e) “Independent testing laboratory” means a laboratory that meets all of the following requirements:

(1) Does not have a direct or indirect interest in the entity for which testing is being done.

(2) Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or sells raw hemp products in this state or in another jurisdiction.

(3) Does not have a license issued pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, other than as a licensed testing laboratory.

(4) Is either of the following:

(A) A testing laboratory licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, if the licensed testing lab has notified the Department of Cannabis Control.

(B) Accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization for Standardization.

(f) “Industrial hemp” has the same meaning as in Section 11018.5. “Industrial hemp” does not include cannabinoids produced through chemical synthesis.

(g) (1) “Industrial hemp product” or “hemp product” means a finished product containing industrial hemp that meets all of the following conditions:

(A) Is a cosmetic, food, food additive, dietary supplement, or herb.

(B) (i) Is for human or animal consumption.

(ii) “Animal” does not include livestock or a food animal as defined in Section 4825.1 of the Business and Professions Code.

(iii) Does not include THC isolate as an ingredient.

(2) “Industrial hemp product” does not include industrial hemp or a hemp product that has been approved by the United States Food and Drug Administration or a hemp product that includes industrial hemp or hemp that has received Generally Recognized As Safe (GRAS) designation. For purposes of nonfood applications, “industrial hemp product” does not include a hemp product that contains derivatives, substances, or compounds derived from the seed of industrial hemp.

(h) (1) “Manufacture” or “manufacturing” means to compound, blend, extract, infuse, or otherwise make or prepare an industrial hemp product.

(2) “Manufacturing” includes all aspects of the extraction process, infusion process, and packaging and labeling processes, including processing, preparing, holding, and storing of industrial hemp products.

(3) “Manufacturing” also includes processing, preparing, holding, or storing hemp components and ingredients.

(4) “Manufacturing” does not include planting, growing, harvesting, drying, curing, grading, or trimming a plant or part of a plant.

(i) “Raw extract” or “industrial hemp raw extract” means extract not intended for consumer use and that contains a THC concentration of not more than an amount determined by the department in regulation.

(j) “Raw hemp product” means a product that is derived from industrial hemp that is intended to be included in a food, beverage, dietary supplement, or cosmetic.

(k) “Retail” has the same meaning as in Section 113895.

(l) “THC” or “THC or comparable cannabinoid” means any of the following:

(1) Tetrahydrocannabinolic acid.

(2) Any tetrahydrocannabinol, including, but not limited to, Delta-8-tetrahydrocannabinol, Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, however derived, except that the department may exclude one or more isomers of tetrahydrocannabinol from this definition under subdivision (a) of Section 111921.7.

(3) Any other cannabinoid, except cannabidiol, that the department determines, under subdivision (b) of Section 111921.7, to cause intoxication.

(m) “THCA” means tetrahydrocannabinolic acid, CAS number 23978-85-0.

(n) “Total THC” means the sum of THC and THCA. Total THC shall be calculated using the following equation: total THC concentration (mg/g) +/- the measurement of uncertainty, as defined by the United States Department of Agriculture.

history: (History: Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Superseded on January 1, 2028; see amendment by Stats. 2025, Ch. 248.)

chapter: 9. Industrial Hemp

article: 1. Definitions

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 1. Definitions


text:
For purposes of this chapter, the following definitions apply:

(a) “Department” means the State Department of Public Health.

(b) “Established and approved industrial hemp program” means a program that meets any applicable requirements set forth in federal law regarding the lawful and safe cultivation of industrial hemp.

(c) “Final form product” is a product intended for consumer use to be sold by a retailer.

(d) “Hemp manufacturer” means a processor purchasing or processing industrial hemp raw extract for the purpose of manufacturing a final form product.

(e) “Independent testing laboratory” means a laboratory that meets all of the following requirements:

(1) Does not have a direct or indirect interest in the entity for which testing is being done.

(2) Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or sells raw hemp products in this state or in another jurisdiction.

(3) Does not have a license issued pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, other than as a licensed testing laboratory.

(4) Is either of the following:

(A) A testing laboratory licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, if the licensed testing lab has notified the Department of Cannabis Control.

(B) Accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization for Standardization.

(f) “Industrial hemp” has the same meaning as in Section 11018.5. “Industrial hemp” does not include synthetic cannabinoids, as defined in Division 10 (commencing with Section 26000) of the Business and Professions Code.

(g) (1) “Industrial hemp product” or “hemp product” means a finished product containing industrial hemp that meets all of the following conditions:

(A) Is a cosmetic, food, food additive, or dietary supplement.

(B) (i) Is for human or animal consumption.

(ii) “Animal” does not include livestock or a food animal as defined in Section 4825.1 of the Business and Professions Code.

(C) (i) Does not include THC.

(ii) Notwithstanding clause (i), a cosmetic that is intended to be applied topically to the skin and is not consumable may contain a THC concentration of not more than an amount determined by the department in regulation, not to exceed 0.3 percent total THC.

(2) “Industrial hemp product” does not include industrial hemp or a hemp product that has been approved by the United States Food and Drug Administration or a hemp product that includes industrial hemp or hemp that has received Generally Recognized As Safe (GRAS) designation. For purposes of nonfood applications, “industrial hemp product” does not include a hemp product that contains derivatives, substances, or compounds derived from the seed of industrial hemp.

(h) (1) “Manufacture” or “manufacturing” means to compound, blend, infuse, or otherwise make or prepare an industrial hemp product.

(2) “Manufacturing” includes all aspects of the infusion process and packaging and labeling processes, including processing, preparing, holding, and storing of industrial hemp products.

(3) “Manufacturing” also includes preparing, holding, or storing hemp components and ingredients.

(4) “Manufacturing” does not include planting, growing, harvesting, drying, curing, grading, trimming, or extraction of a plant or part of a plant.

(i) “Raw extract” or “industrial hemp raw extract” means extract not intended for consumer use and that contains a THC concentration of not more than an amount determined by the department in regulation.

(j) “Raw hemp product” means a product that is derived from industrial hemp that is intended to be included in a food, beverage, dietary supplement, or cosmetic.

(k) “Retail” has the same meaning as in Section 113895 and includes online sales to customers in California.

(l) “THC” or “THC or comparable cannabinoid” means any of the following:

(1) Tetrahydrocannabinolic acid.

(2) Any tetrahydrocannabinol, including, but not limited to, Delta-8-tetrahydrocannabinol, Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, however derived, except that the department may exclude one or more isomers of tetrahydrocannabinol from this definition under subdivision (a) of Section 111921.7.

(3) Any other cannabinoid, except cannabidiol, that the department determines, under subdivision (b) of Section 111921.7, to cause intoxication.

(m) “THCA” means tetrahydrocannabinolic acid, CAS number 23978-85-0.

(n) “Total THC” means the sum of THC and THCA. Total THC shall be calculated using the following equation: total THC concentration (mg/g) +/- the measurement of uncertainty, as defined by the United States Department of Agriculture.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 31. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 1. Definitions


text:
An industrial hemp product shall not be distributed or sold in the state except in conformity with all applicable state laws and regulations, including this chapter and any regulations promulgated thereunder, and with documentation that includes both of the following:

(a) A certificate of analysis from an independent testing laboratory that confirms both of the following:

(1) The industrial hemp raw extract, in its final form, does not exceed THC concentration of an amount determined allowable by the department in regulation, or the mass of the industrial hemp extract used in the final form product does not exceed a THC concentration of 0.3 percent.

(2) The industrial hemp product was tested for any hemp derivatives identified on the product label or in associated advertising in accordance with Section 111926.2.

(b) The industrial hemp product was produced from industrial hemp grown in compliance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code if sourced from within California, or licensed in accordance with United States Department of Agriculture (USDA) requirements if sourced from outside the state.

article: 2. General Provisions

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 2. General Provisions


text:
An industrial hemp product shall not be distributed or sold in the state except in conformity with all applicable state laws and regulations, including this chapter and any regulations promulgated thereunder, and with documentation that includes both of the following:

(a) A certificate of analysis from an independent testing laboratory that confirms both of the following:

(1) The industrial hemp raw extract, in its final form, does not exceed THC concentration of an amount determined allowable by the department in regulation or as specified in Section 111921.1.

(2) The industrial hemp product was tested for any cannabinoids identified on the product label or in associated advertising in accordance with Section 111926.2.

(b) The industrial hemp product was produced from industrial hemp grown in compliance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code if sourced from within California, or licensed in accordance with United States Department of Agriculture (USDA) requirements if sourced from outside the state.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 32. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 2. General Provisions


text:
Industrial hemp raw extract shall not be incorporated into food, food additives, beverages, or dietary supplements unless it meets both of the following:

(a) The raw extract is comprised of cannabidiol (CBD) or cannabinol (CBN) isolate with a purity level greater than 99 percent.

(b) The raw extract does not contain any tetrahydrocannabinols or synthetic cannabinoids.

history: (History: Added by Stats. 2025, Ch. 248, Sec. 33. (AB 8) Effective January 1, 2026.)

article: 2. General Provisions


text: The department may adopt regulations imposing an age requirement for the sale of certain industrial hemp products upon a finding of a threat to public health.

history: (History: Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.)

article: 2. General Provisions


text:
(a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following categories:

(1) Medical devices.

(2) Prescription drugs.

(3) A product containing nicotine or tobacco.

(4) An alcoholic beverage.

(b) The department may prohibit the inclusion of industrial hemp in other products when it poses a risk to human or animal health through regulation.

(c) Cannabis and cannabis products are not subject to this section.

article: 2. General Provisions


text:
(a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following categories:

(1) Medical devices.

(2) Prescription drugs.

(3) A product containing nicotine or tobacco.

(4) An alcoholic beverage.

(b) The department may prohibit the inclusion of industrial hemp in other products when it poses a risk to human or animal health through regulation.

(c) Cannabis and cannabis products are not authorized by this section.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 34. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 2. General Provisions


text: Manufacture or sale of inhalable hemp products is prohibited. Manufacture of inhalable hemp products for the sole purpose of sale in other states is not prohibited.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 35. (AB 8) Effective January 1, 2026.)

article: 2. General Provisions


text:
(a) The department may exclude from the definition of “THC or Comparable Cannabinoid” one or more isomers of tetrahydrocannabinol if the department determines, consistent with subdivisions (c) and (d), that the tetrahydrocannabinol isomer does not cause intoxication.

(b) The department may include any other cannabinoid, in addition to those expressly listed in subdivision (l) of Section 111920, in the definition of “THC” if the department determines, consistent with subdivisions (c) and (d), that the cannabinoid causes intoxication.

(c) In making a determination under subdivision (a) or (b), the department shall consider scientific evidence concerning the pharmacological effects of the tetrahydrocannabinol or other cannabinoid in humans or other animals, if that evidence is available.

(d) Any initial determination under subdivision (a) or (b) shall not be subject to the administrative rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, but the department, without being subject to those administrative rulemaking requirements, shall establish a process to receive public comment regarding those determinations, and shall publicly post all determinations on its internet website. However, any initial determination shall be confirmed subject to the administrative rulemaking requirements no later than 18 months following the date of the initial determination.

article: 2. General Provisions


text:
(a) Except for the amendments specified in subdivision (b),the amendments made to this chapter by the act adding this section shall become operative on January 1, 2028.

(b) The amendments made to Sections 111921.1, 111921.6, and 111925 by the act adding this section shall become operative on January 1, 2026.

history: (History: Added by Stats. 2025, Ch. 248, Sec. 36. (AB 8) Effective January 1, 2026.)

article: 2. General Provisions


text:
(a) The department, through regulation, may determine maximum serving sizes for hemp-derived cannabinoids, hemp extract, and products derived therefrom, active cannabinoid concentration per serving size, the number of servings per container, and any other requirements for foods and beverages.

(b) Food and beverages shall be prepackaged and shelf stable.

article: 3. Manufacture

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 3. Manufacture


text:
(a) A hemp manufacturer who produces raw extract that will only be used for dietary supplements, foods, beverages, and cosmetics, or a hemp manufacturer who produces industrial hemp products shall comply with this chapter and, to the extent applicable, this part.

(b) A hemp manufacturer who produces processed pet food products shall comply with this chapter and Chapter 10 (commencing with Section 113025) of Part 6 and shall follow good manufacturing practices pursuant to those provisions.

article: 3. Manufacture


text:
(a) A hemp manufacturer who produces industrial hemp products shall comply with this chapter and, to the extent applicable, this part.

(b) A hemp manufacturer who produces processed pet food products shall comply with this chapter and Chapter 10 (commencing with Section 113025) of Part 6 and shall follow good manufacturing practices pursuant to those provisions.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 37. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 3. Manufacture


text: The Industrial Hemp Enrollment and Oversight Fund is hereby established in the State Treasury. All money received by the department pursuant to Section 111923.5 shall be deposited into this fund and shall be expended by the department, upon appropriation by the Legislature, to carry out and implement this chapter. Moneys in this fund shall not be redirected for any other purpose.

article: 4. Registration and Fees

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 4. Registration and Fees


text:
(a) (1) A hemp manufacturer who produces an industrial hemp product that is a food or beverage shall register with the department pursuant to Article 2 (commencing with Section 110460) of Chapter 5.

(2) Sections 110473 and 110474 shall not apply to dietary supplements and food products that include industrial hemp.

(b) Notwithstanding the voluntary nature of registration provided in Section 111795, a hemp manufacturer who produces an industrial hemp product that is a cosmetic shall register pursuant to Article 4 (commencing with Section 111795) of Chapter 7.

(c) A hemp manufacturer who produces an industrial hemp product that is a processed pet food shall obtain a license pursuant to Article 2 (commencing with Section 113060) of Chapter 10 of Part 6.

(d) (1) An in-state hemp manufacturer who produces raw hemp extract and who does not produce an industrial hemp product, or an out-of-state hemp manufacturer who produces raw hemp extract with the intent to import that raw hemp extract into this state, shall register with the department pursuant to Article 2 (commencing with Section 110460) of Chapter 5.

(2) Sections 110473 and 110474 shall not apply to hemp manufacturers who register pursuant to this subdivision.

(e) All hemp manufacturers shall notify the department immediately of any change of information in their application for a license of registration.

article: 4. Registration and Fees


text:
(a) (1) A hemp manufacturer who produces an industrial hemp product that is a food or beverage shall register with the department pursuant to Article 2 (commencing with Section 110460) of Chapter 5.

(2) Sections 110473 and 110474 shall not apply to dietary supplements and food products that include industrial hemp.

(b) Notwithstanding the voluntary nature of registration provided in Section 111795, a hemp manufacturer who produces an industrial hemp product that is a cosmetic shall register pursuant to Article 4 (commencing with Section 111795) of Chapter 7.

(c) A hemp manufacturer who produces an industrial hemp product that is a processed pet food shall obtain a license pursuant to Article 2 (commencing with Section 113060) of Chapter 10 of Part 6.

(d) All hemp manufacturers shall notify the department immediately of any change of information in their application for a license of registration.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 38. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 4. Registration and Fees


text:
(a) In addition to licensing and registration requirements and fees required pursuant to other applicable laws, as specified in Section 111923.3, a hemp manufacturer shall obtain an industrial hemp enrollment and oversight authorization from the department. Authorization shall be renewed annually.

(b) The department shall assess an authorization fee and renewal fee to cover the actual reasonable costs of implementing the regulatory program in this chapter. Fees may be set at different amounts for different hemp manufacturer types, including food products, cosmetic products, and pet food products, based on the differing costs associated with regulatory requirements, including, but not limited to, the nature and scope of the authorization activities and oversight, inspection, and enforcement activities.

(c) The fee shall be adjusted pursuant to Section 100425.

(d) Fees may be prorated based upon the date of the renewal or issuance of the authorization.

article: 4. Registration and Fees


text: A hemp manufacturer located outside the state shall reimburse the department for travel and per diem required to perform necessary onsite inspections at the facility to ensure compliance with this chapter and related activities pursuant to this part.

article: 4. Registration and Fees


text: A hemp manufacturer or retailer who is operating in conformance with this part and in good faith compliance with their responsibilities under this chapter may manufacture or sell industrial hemp products or raw hemp extract without authorization for three months after the effective date of the act that added this chapter.

article: 4. Registration and Fees


text:
(a) A hemp manufacturer or retailer who is operating in conformance with this part and in good faith compliance with their responsibilities under this chapter may manufacture or sell industrial hemp products or raw hemp extract without authorization for three months after the effective date of the act that added this chapter.

(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 39. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8. Repealed as of January 1, 2028, by its own provisions.)

article: 4. Registration and Fees


text: The department may adopt regulations for recordkeeping standards that shall apply to transporters, manufacturers, and retailers of industrial hemp product and raw extract.

article: 5. Recordkeeping

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 5. Recordkeeping


text:
(a) A hemp manufacturer shall meet all of the following testing requirements:

(1) Industrial hemp raw extract shall be tested for cannabinoid content prior to being incorporated into a product.

(2) Testing shall be completed by an independent testing laboratory.

(3) The manufacturer of the industrial hemp product shall be able to prove total THC concentration does not exceed the limits established by this chapter and by the department in regulation. A manufacturer of raw extract shall be able to prove that the THC concentration meets department requirements set forth pursuant to subdivision (a) of Section 111921.

(b) The department may regulate and restrict the cap on extract and may cap the amount of total THC concentration at the product level based on the product form, volume, number of servings, ratio of cannabinoids to THC in the product, or other factors, as needed.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 40. (AB 8) Effective January 1, 2026.)

article: 6. Testing Requirements

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 6. Testing Requirements


text:
A raw hemp product shall not be distributed or sold in this state without a certificate of analysis from an independent testing laboratory that confirms all of the following:

(a) The raw hemp product is the product of a batch of industrial hemp that was tested by the independent testing laboratory.

(b) A tested representative sample of the batch of industrial hemp contained a total THC concentration that did not exceed 0.3 percent on a dry-weight basis.

(c) The tested sample of the batch did not contain contaminants that are unsafe for human or animal consumption.

article: 6. Testing Requirements


text:
A raw hemp product shall not be distributed or sold in this state without a certificate of analysis from an independent testing laboratory that confirms all of the following:

(a) The raw hemp product is the product of a batch of industrial hemp that was tested by the independent testing laboratory.

(b) A tested representative sample of the batch of industrial hemp contained a total THC concentration that did not exceed 0.3 percent on a dry-weight basis if the product is a topically applied cosmetic, or did not contain THC if the product is a food, food additive, beverage, dietary supplement, or other type of cosmetic.

(c) The tested sample of the batch did not contain contaminants that are unsafe for human or animal consumption.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 41. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 6. Testing Requirements


text:
(a) As of the effective date of the act adding this chapter, testing requirements for contaminant levels shall be the same as those for cannabis, as established in paragraph (2) of subdivision (d) of Section 26100 of the Business and Professions Code and regulations adopted pursuant thereto.

(b) The department may adjust the specific contaminant levels for industrial hemp by regulation to protect consumers.

article: 6. Testing Requirements


text:
(a) A product batch may be reprocessed or remediated after failed testing, but the batch shall not be distributed or sold unless the reprocessed or remediated batch has been retested and successfully passed all the analyses required pursuant to this article.

(b) If the batch cannot be reprocessed or remediated, the product batch shall be destroyed.

(c) If a failed product batch is not reprocessed or remediated in any way, it shall not be retested. Subsequent certificates of analysis produced without reprocessing or remediation of the failed product batch shall not supersede the initial regulatory compliance testing certificate of analysis.

(d) This section shall not prevent a product batch from being retested when the certificate of analysis was obtained 12 months prior or more.

(e) (1) Reprocessing or remediation shall be an available remedy for failed product batches in all industrial hemp product categories and raw extract.

(2) Remediation is not allowed once a product enters the retail market.

(f) A failed product batch that cannot be reprocessed or remediated shall be destroyed, at the expense of the owner, on video surveillance, as authorized by the department, or under the supervision of an authorized agent of the department.

article: 6. Testing Requirements


text:
(a) A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to, Chapter 4 (commencing with Section 110290), and federal laws incorporated or applicable in this state, including, but not limited to, Sections 110100, 110340, 110371, 110380, 110382, and 110407 and shall not violate this part.

(b) A manufacturer, distributor, or seller of industrial hemp shall not do any of the following:

(1) Directly target advertising or marketing to children or to persons who are pregnant or breastfeeding.

(2) Advertise or market on a billboard or similar advertising device located on an interstate highway or on a state highway that crosses the California border.

(3) Advertise or market industrial hemp products in a manner intended to encourage persons under 21 years of age to consume industrial hemp products.

(4) Publish or disseminate advertising or marketing that is attractive to children.

(5) Advertise or market industrial hemp products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center.

(c) Advertising or marketing placed in broadcast, cable, radio, print, or digital communications shall only be displayed where at least 70 percent of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data.

(d) A violation of this section shall be subject to the requirements, fines, and penalties of Section 26152.2 of the Business and Professions Code.

history: (History: Amended by Stats. 2024, Ch. 899, Sec. 3. (SB 1498) Effective January 1, 2025. Superseded on January 1, 2028; see amendment by Stats. 2025, Ch. 248.)

article: 7. Labeling and Advertisement

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 7. Labeling and Advertisement


text:
(a) A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to, Chapter 4 (commencing with Section 110290), and federal laws incorporated or applicable in this state, including, but not limited to, Sections 110100, 110340, 110371, 110380, 110382, and 110407 and shall not violate this part.

(b) A manufacturer, distributor, or seller of an industrial hemp product shall not do any of the following:

(1) Directly target advertising or marketing to children or to persons who are pregnant or breastfeeding.

(2) Advertise or market on a billboard or similar advertising device located on an interstate highway or on a state highway that crosses the California border.

(3) Advertise or market industrial hemp products in a manner intended to encourage persons under 21 years of age to consume industrial hemp products.

(4) Publish or disseminate advertising or marketing that is attractive to children.

(5) Advertise or market industrial hemp products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center.

(c) Advertising or marketing placed in broadcast, cable, radio, print, or digital communications shall only be displayed where at least 70 percent of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data.

(d) A violation of this section shall be subject to the requirements, fines, and penalties of Section 26152.2 of the Business and Professions Code.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 42. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 7. Labeling and Advertisement


text:
(a) An industrial hemp product that is a dietary supplement, food, or beverage shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:

(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form product batch by an independent testing laboratory that provides all of the following information:

(A) The product name.

(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.

(C) The batch number, which matches the batch number on the product.

(D) The concentration of cannabinoids present in the product batch, including, at minimum, total THC and any marketed cannabinoids or ingredient, as required by the department in regulation.

(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.

(2) The product expiration or best by date, if applicable.

(3) A statement indicating that children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.

(4) A statement that products containing cannabinoids should be kept out of reach of children.

(5) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”

(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.

article: 7. Labeling and Advertisement


text:
(a) An industrial hemp product that is a dietary supplement, food, or beverage shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:

(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form product batch by an independent testing laboratory that provides all of the following information:

(A) The product name.

(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.

(C) The batch number, which matches the batch number on the product.

(D) The concentration of cannabinoids present in the product batch, including, at minimum, total CBD and any marketed ingredient, as required by the department in regulation.

(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.

(2) The product expiration or best by date, if applicable.

(3) A statement indicating that children or those who are pregnant or breastfeeding should avoid using the product prior to consulting with a health care professional about its safety.

(4) A statement that products containing cannabinoids should be kept out of reach of children.

(5) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”

(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 43. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 7. Labeling and Advertisement


text:
(a) An industrial hemp product that is a cosmetic shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:

(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form extract or the final form product batch by an independent testing laboratory that provides all of the following information:

(A) The product name.

(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.

(C) The batch number, which matches the batch number on the product.

(D) The concentration of cannabinoids present in the product batch, including, at minimum, total THC and any marketed cannabinoids.

(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.

(2) The product expiration or best by date, if applicable.

(3) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”

(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.

article: 7. Labeling and Advertisement


text:
(a) An industrial hemp product that is a cosmetic shall not be distributed or sold in the state without packaging and labeling on the product that includes all of the following information:

(1) A label, scannable barcode, internet website, or quick response (QR) code linked to the certificate of analysis of the final form extract or the final form product batch by an independent testing laboratory that provides all of the following information:

(A) The product name.

(B) The name of the product’s manufacturer, packer, or distributor, and their address and telephone number.

(C) The batch number, which matches the batch number on the product.

(D) The concentration of cannabinoids present in the product batch, including, at minimum, total CBD and any marketed cannabinoids.

(E) The levels within the product batch of contaminants, as required in subdivision (c) of Section 111925.2.

(2) The product expiration or best by date, if applicable.

(3) The following statement, “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”

(b) The requirements of this section shall apply to products manufactured 90 days or more after the enactment of this section.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 44. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 7. Labeling and Advertisement


text:
(a) The department shall have the seizure and embargo powers provided for in Article 3 (commencing with Section 111860) of Chapter 7 with respect to industrial hemp products and raw extract.

(b) The department shall have the ability to recall industrial hemp products or raw extract that it determines to be dangerous to the public in the manner prescribed in Section 110806.

article: 8. Enforcement

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 8. Enforcement


text:
(a) In addition to the inspection authority provided elsewhere in this part, the department may inspect financial data, sales data, and personnel data, as needed to enforce this chapter.

(b) State, local, or law enforcement officials may review paperwork from those handling or transporting industrial hemp plant material, raw extract, intermediary industrial hemp product, or final finished product and take samples at any point along the supply chain to test that sample for verification.

(c) Upon inspection, if the industrial hemp plant material, raw extract, intermediary industrial hemp product, or final finished product does not meet the definition of industrial hemp, the state, local, or law enforcement official shall notify the department.

(d) (1) State, local, and law enforcement officials shall immediately notify the department of an arrest made for a violation over which the department has jurisdiction that involves a person authorized pursuant to this chapter.

(2) The department shall promptly investigate whether grounds exist for suspension or revocation of the authorization or if other actions are warranted under this part.

history: (History: Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Superseded on January 1, 2028; see amendment by Stats. 2025, Ch. 248.)

article: 8. Enforcement


text:
(a) In addition to the inspection authority provided elsewhere in this part, the department may inspect financial data, sales data, and personnel data, as needed to enforce this chapter.

(b) State, local, or law enforcement officials may review paperwork from those handling or transporting industrial hemp plant material, raw extract, intermediary industrial hemp product, or final form product and take samples at any point along the supply chain to test that sample for verification.

(c) Upon inspection, if the industrial hemp plant material, raw extract, intermediary industrial hemp product, or final form product violates California law, the state, local, or law enforcement official shall notify the department.

(d) (1) State, local, and law enforcement officials shall immediately notify the department of an arrest made for a violation over which the department has jurisdiction that involves a person authorized pursuant to this chapter.

(2) The department shall promptly investigate whether grounds exist for suspension or revocation of the authorization or if other actions are warranted under this part.

history: (History: Amended by Stats. 2025, Ch. 248, Sec. 45. (AB 8) Effective January 1, 2026. Operative January 1, 2028, pursuant to Section 111921.8.)

article: 8. Enforcement


text: Violations of this chapter are subject to the fines and penalties established in Article 1 (commencing with Section 111825) of Chapter 8.

article: 8. Enforcement


text:
(a) The Department of Food and Agriculture and the State Department of Public Health, in consultation with the Department of Cannabis Control, if necessary, shall develop a process to share license, registration, cultivar, and enforcement information to facilitate compliance and enforcement against unlicensed manufacturers or the sale of industrial hemp that does not meet the requirements of this part.

(b) Communications shared between state agencies and local and law enforcement officials regarding license, registration, cultivar, and enforcement information of manufacturers and retailers of industrial hemp products and raw extract shall not be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be considered “official information” pursuant to Section 1040 of the Evidence Code.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 103. (SB 1380) Effective January 1, 2023.)

article: 9. Agency Coordination

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 9. Agency Coordination


text: Inhalable products shall not be sold to consumers under 21 years of age.

history: (History: Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Conditionally operative as prescribed by Section 111929.4. Repealed as of January 1, 2028, pursuant to Section 111929.5.)

article: 10. Inhalable Products

path: 104. ENVIRONMENTAL HEALTH > 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS > 9. Industrial Hemp > 10. Inhalable Products


text: A hemp manufacturer who produces inhalable products shall comply with this chapter and, to the extent applicable, with the provisions of this part.

article: 10. Inhalable Products


text:
An inhalable product shall not contain any of the following:

(a) Flavorings other than natural terpenes.

(b) Polyethylene glycol (PEG).

(c) Vitamin E acetate.

(d) Medium chain triglycerides (MCT oil).

(e) Squalene or squalane.

(f) Any other substance that the department finds to be a danger to public health.

article: 10. Inhalable Products


text: The department may enter into a memorandum of understanding or other interagency agreement with another state agency to administer and enforce provisions of this chapter as they relate to inhalable products, including, but not limited to, testing provisions, advertising and labeling provisions, and the provisions relating to the manufacture and sale of inhalable products.

article: 10. Inhalable Products


text: This article shall become operative upon the effective date of a measure passed by the Legislature that establishes a tax on inhalable products and states the intent of the Legislature to fulfill the requirements of this section.

history: (History: Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Repealed as of January 1, 2028, pursuant to Section 111929.5. Note: Operative provisions affect Article 10, commencing with Section 111929.)

article: 10. Inhalable Products


text: This article shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 248, Sec. 46. (AB 8) Effective January 1, 2026. Conditionally operative as prescribed by Section 111929.4 Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 10 commencing with Section 111929.)

article: 10. Inhalable Products


text:
(a) If any person violates any provision of Chapter 4 (commencing with Section 111950), Chapter 5 (commencing with Section 112150), Chapter 6 (commencing with Section 112350), Chapter 7 (commencing with Section 112500), Chapter 8 (commencing with Section 112650), Chapter 10 (commencing with Section 113025), or Article 3 (commencing with Section 113250) of Chapter 11 of this part, or Chapter 4 (commencing with Section 108100) of Part 3, or any regulation adopted pursuant to these provisions, the department may assess a civil penalty against that person as provided by this section.

(b) The penalty may be in an amount not to exceed one thousand dollars ($1,000) per day. Each day that a violation continues shall be considered a separate violation.

(c) If, after examination of a possible violation and the facts surrounding that possible violation, the department concludes that a violation has occurred, the department may issue a complaint to the person charged with the violation. The complaint shall allege the acts or failures to act that constitute the basis for the violation and the amount of the penalty. The complaint shall be served by personal service or by certified mail and shall inform the person so served of the right to a hearing.

(d) Any person served with a complaint pursuant to subdivision (c) of this section may, within 20 days after service of the complaint, request a hearing by filing with the department a notice of defense. A notice of defense is deemed to have been filed within the 20-day period if it is postmarked within the 20-day period. If a hearing is requested by the person, it shall be conducted within 90 days after the receipt by the department of the notice of defense. If no notice of defense is filed within 20 days after service of the complaint, the department shall issue an order setting the penalty as proposed in the complaint unless the department and the person have entered into a settlement agreement, in which case the department shall issue an order setting the penalty in the amount specified in the settlement agreement. When the person has not filed a notice of defense or where the department and the person have entered into a settlement agreement, the order shall not be subject to review by any court or agency.

(e) Any hearing required under this section shall be conducted pursuant to the procedures specified in Section 100171, except to the extent they are inconsistent with the specific requirements of this section.

(f) Orders setting civil penalties under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint.

(g) Within 30 days after service of a copy of a decision issued by the director after a hearing, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of the decision or order of the director in any judicial proceeding brought to enforce the decision or order or for other remedies. Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to the Miscellaneous Food, Food Facility, and Hazardous Substances Act, as defined in subdivision (b) of Section 27, or the accrual of any penalties assessed pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.

(h) The remedies under this section are in addition to, and do not supersede, or limit, any and all other remedies, civil or criminal.

history: (History: Amended by Stats. 1999, Ch. 83, Sec. 115. Effective January 1, 2000.)

part: 6. WHOLESALE FOOD

chapter: 3. Enforcement and Penalties

path: 104. ENVIRONMENTAL HEALTH > 6. WHOLESALE FOOD > 3. Enforcement and Penalties


text: In addition to injunctive relief, the court may impose as a civil penalty, damages up to a maximum amount of one thousand dollars ($1,000) for each day the violation is continued. Damages shall be paid one-half to the State Treasury, and one-half to the county where the action is brought.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)


text: “Food,” as used in this chapter, includes all articles used for food, drink, confectionery, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

chapter: 4. Wholesale Food Processors

article: 1. Food Processing Establishments

path: 104. ENVIRONMENTAL HEALTH > 6. WHOLESALE FOOD > 4. Wholesale Food Processors > 1. Food Processing Establishments


text: “Food processing establishment,” as used in this chapter, shall mean any room, building, or place or portion thereof, maintained, used, or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food except restaurants. “Food processing establishment” shall not include a cottage food operation that is registered or has a permit pursuant to Section 114365 or a microenterprise home kitchen, as defined in Section 113825.

history: (History: Amended by Stats. 2018, Ch. 470, Sec. 3. (AB 626) Effective January 1, 2019.)

article: 1. Food Processing Establishments


text: Every food processing establishment shall be properly lighted, drained, plumbed, and ventilated; and shall be conducted with strict regard to the influence of lighting, drainage, plumbing, and ventilation upon the health of persons therein employed, and upon the purity and wholesomeness of the food therein produced, prepared for sale, manufactured, packed, stored, kept, handled, sold, or distributed.

article: 1. Food Processing Establishments


text:
The floors, side walls, ceiling, furniture, receptacles, utensils, implements, and machinery of every food processing establishment shall at no time be kept in an unclean, unhealthful, or unsanitary condition.

Any of the following is deemed to be “an unclean, unhealthful, or unsanitary condition”:

(a) If food in the process of manufacture, preparation, packing, storing, sale, or distribution is not securely protected from flies, dust, or dirt, and from all other foreign or injurious contamination.

(b) If refuse, dirt, and waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling, and distributing of food, are not removed daily.

(c) If all trucks, trays, boxes, baskets, buckets, other receptacles, chutes, platforms, racks, tables, shelves, knives, saws, cleavers, and all other utensils, receptacles, and machinery used in moving, handling, cutting, chopping, mixing, canning, and all other processes employed in the preparation of food are not thoroughly cleaned daily.

(d) If the clothing of employees is unclean or if they dress, undress, or leave or store their clothing in the place where the food is produced, prepared, manufactured, packed, sold or distributed.

article: 1. Food Processing Establishments


text:
No live animal or fowl shall be kept or allowed in any establishment where food is prepared, manufactured, kept, stored, offered for sale or sold unless the establishment is exclusively devoted to the slaughter, processing and/or sale of the animal or fowl. This section does not apply to dogs used by uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while those employees are acting within the course and scope of their employment as private patrolmen.

The state department may adopt regulations as it determines are reasonably necessary under this section for the protection of the public health and safety.

article: 1. Food Processing Establishments


text: The side walls and ceilings of every bakery, confectionery, hotel, or restaurant kitchen shall be well plastered or ceiled with metal or lumber, or shall be oil painted or kept well lime washed, or otherwise kept in a good sanitary condition.

article: 1. Food Processing Establishments


text: All interior woodwork of every bakery, confectionery, hotel, or restaurant kitchen shall be kept well oiled or painted with oil paint, and shall be kept washed clean with soap and water, or otherwise kept in a good sanitary condition.

article: 1. Food Processing Establishments


text: Every building, room, basement, or cellar occupied or used for the preparation, manufacture, packing, storage, sale, or distribution of food shall have an impermeable floor, made of cement, or of tile laid in cement, brick, wood, or other suitable, nonabsorbent material that can be flushed and washed clean with water.

article: 1. Food Processing Establishments


text: Where practicable, the doors, windows, and other openings of every food producing or distributing establishment shall be fitted with stationary or self-closing screen doors and wire window screens, of not coarser than 14 mesh wire gauze.

article: 1. Food Processing Establishments


text: Every building, room, basement, or cellar occupied or used for the production, preparation, manufacture, packing, canning, sale, or distribution of food shall have convenient toilet or toilet-rooms, separate and apart from the room or rooms where the process of production, preparation, manufacture, packing, canning, selling, or distributing is conducted.

article: 1. Food Processing Establishments