2005 California Health and Safety Code Sections 110425-110455 Article 1. Generally

110425.  Beer, that is subject to the Alcoholic Beverage Control
Act, Division 9 (commencing with Section 23000) of the Business and
Professions Code, shall only be subject to the provisions of this
chapter that relate to adulteration and misbranding.
110430.  Whenever the department finds that a class of food
distributed in this state may, by reason of contamination with
micro-organisms during manufacture, packing, or storage, be injurious
to the health of any man or other animal that consumes it and that
the injurious nature cannot be adequately determined after this food
has entered commerce, the department shall adopt regulations
providing for the issuance of permits to manufacturers, processors,
or packers of the class of food.  These permits shall establish
conditions governing the manufacture, packing, or storage of the
class of food for the period of time as may be necessary to protect
the public health.  The regulations shall prescribe a date after
which no person shall introduce or deliver for introduction into
commerce any food manufactured, packed, or stored by any
manufacturer, processor, or packer, unless the person holds a permit
issued by the department as provided by the regulations.
110435.  The department may suspend immediately, upon written or
oral notice, any permit issued pursuant to Section 110430 if it is
found that any of the conditions of the permit have been violated.
The holder of a permit so suspended may at any time apply for
reinstatement of the permit.  The department shall, after prompt
hearing and inspection of the establishment, reinstate the permit
immediately, if it is found that adequate measures have been taken to
comply with and maintain the conditions of the permit.
110440.  Any authorized agent of the department shall have access to
any factory or establishment that operates under permit from the
department for the purpose of ascertaining whether or not the
conditions of the permit are being complied with.  Denial of access
for such inspection shall be grounds for suspension of the permit
until the access is freely given by the holder of the permit or his
or her agent.
110445.  Any added poisonous or deleterious substance, or any food
additive, pesticide chemical, preservative, or color additive, shall
be considered unsafe for use with respect to any food unless there is
in effect a regulation adopted pursuant to Section 110080, 110085,
or 110090, that limits the quantity and the use, or intended use, of
the substance to the terms prescribed by the regulation.
110450.  On or before September 1, 1985, the department shall,
within the limits of available resources, prepare and submit to the
Legislature a program for detecting and monitoring chemical and
pesticide residues in processed foods.  In preparing the program, the
department shall do all of the following:
   (a) Establish a list of chemical and pesticides developed from a
knowledge of chemicals used in the food industry in processed foods
and from the 96 pesticides on the Department of Food and Agriculture
residue scan, for which analysis will be done by the department.  The
list shall include an explanation of why the listed chemicals and
pesticides were selected.  The Department of Food and Agriculture
shall cooperate with the department in establishing the list required
by this subdivision.  In selecting the chemicals and pesticides to
be placed on the list, the department shall make use of the following
criteria:
   (1) Chemicals that have been identified as having possible
carcinogenic, reproductive, or mutagenic effects.
   (2) Patterns of use in California.
   (3) Quantities of use in California.
   (4) Chemicals appearing as residues in processed food because of
environmental persistence or resistance to degradation under
conditions existing in the processing, manufacturing, milling, or
shipping of processed foods sold in California.
   (5) Chemicals that have the potential of chronic toxicity due to
low continuous exposure.
   The department may revise the list and is authorized to add or
remove chemicals or pesticides based on relevant information that
becomes available to it after the list has been established and based
on its experience in detecting the presence of chemical substances
in processed foods under the sampling and testing program developed
pursuant to subdivision (b).
   (b) The department shall design a sampling and testing program
that does all of the following:
   (1) Samples and tests processed food products that form a
significant portion of the diet of the general population, and that
may contain residues of the chemical substances on the list
established pursuant to subdivision (a).
   (2) Provides for specific testing of individual chemicals on the
list established pursuant to subdivision (a) when a chemical cannot
be detected using multiresidue testing procedures and when the
department determines that the chemical may be the cause of chronic
health effects.
   (3) Lists the foods to be sampled, the stages of processing in
which the foods will be sampled, the sampling frequency, and the
techniques used in sampling.
   (4) A description of plans for sampling processed imported foods
from other states and countries.
   (c) As used in this section, "processed food" means any food
chemically or physically altered from a raw agricultural commodity by
chemical, mechanical, thermal, or other processes.
110455.  (a) On or before July 1, 1990, the department shall
commence and maintain a program for monitoring processed foods for
pesticide residues, chemicals, microbes, and other contaminants.  In
designing the program, the department shall take into consideration
any information developed pursuant to Section 110450.
   (b) The department shall consult with the Department of Food and
Agriculture in designing the pesticide residue component of the
monitoring program, to facilitate focusing the testing in areas of
greatest concern.  Among the pesticides to be reviewed for possible
monitoring shall be those contained in the lists of pesticides
identified in Section 12535 of the Food and Agricultural Code.
   (c) In the development and ongoing operation of the department's
monitoring program, the department shall consider, in establishing
priorities:
   (1) Potential concentration effects that may occur during
processing.
   (2) Targeting foreign and domestic imported processed foods
according to their estimated California market share.
   (3) The extent to which processed foods are a part of the infant
and child diet.