2007 California Health and Safety Code Article 8. Consumer Information

CA Codes (hsc:114087-114093.1)

114087.  (a) Food offered for human consumption shall be honestly
presented in a way that does not mislead or misinform the consumer.
   (b) Food or color additives, colored overwraps, lights or other
misleading artificial means shall not be used to misrepresent the
true appearance, color, or quality of a food.



114089.  (a) Food prepackaged in a food facility shall bear a label
that complies with the labeling requirements prescribed by the
Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section
109875)), 21 C.F.R. 101-Food Labeling, 9 C.F.R. 317-Labeling,
Marking Devices, and Containers, and 9 C.F.R. 381-Subpart N Labeling
and Containers, and as specified under Sections 114039 and 114039.1.

   (b) Label information shall include the following:
   (1) The common name of the food, or absent a common name, an
adequately descriptive identity statement.
   (2) If made from two or more ingredients, a list of ingredients in
descending order of predominance by weight, including a declaration
of artificial color or flavor and chemical preservatives, if
contained in the food.
   (3) An accurate declaration of the quantity of contents.
   (4) The name and place of business of the manufacturer, packer, or
distributor.
   (5) Except as exempted in the Federal Food, Drug, and Cosmetic Act
Section 403(Q)(3)-(5) (21 U.S.C. Sec.  343(q)(3)-(5), incl.),
nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9
C.F.R. 317 Subpart B Nutrition Labeling.
   (c) Bulk food that is available for consumer self-service shall be
prominently labeled with the following information in plain view of
the consumer:
   (1) The manufacturer's or processor's label that was provided with
the food.
   (2) A card, sign, or other method of notification that includes
the information specified under paragraphs (1), (2), and (5) of
subdivision (b).



114089.1.  (a) Except as specified in subdivision (c) of Section
114089, every bakery product shall have a protective wrapping that
shall bear a label that complies with the labeling requirements
prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)).
   (b) Bakery products sold directly to a restaurant, catering
service, retail bakery, or sold over the counter directly to the
consumer by the manufacturer or bakery distributor shall be exempt
from the labeling provisions of this section.
   (c) French style, hearth-baked, or hard-crusted loaves and rolls
shall be considered properly wrapped if contained in an open-end bag
that encloses the loaves or rolls.


114090.  (a) If required by law, consumer warnings shall be
provided.
   (b) Food facility's or manufacturer's dating information on foods
may not be concealed or altered.



114091.  In a licensed health care facility and a public or private
school cafeteria, the following shall apply:
   (a) Only pasteurized juice may be served.
   (b) Only pasteurized fluid and dry milk and milk products
complying with Grade A standards as specified in law shall be served.

   (c) Pasteurized shell eggs or pasteurized liquid, frozen, or dry
eggs or egg products shall be substituted for raw shell eggs in the
preparation of foods such as Caesar salad, hollandaise or bearnaise
sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages,
and, except as specified in subdivision (e), recipes in which more
than one egg is broken and the eggs are combined.
   (d) (1) Food shall not be reserved where the food was already
served to patients or clients who are under contact precautions in
medical isolation or quarantine or protective environment isolation.

   (2) Food shall not be reserved to a patient or client in
protective environment isolation.
   (e) The following foods may not be served or offered for sale in a
ready-to-eat form:
   (1) Raw foods of animal origin such as raw fish, raw-marinated
fish, raw molluscan shellfish, and steak tartare.
   (2) A partially cooked food of animal origin, such as lightly
cooked fish, rare meat, soft-cooked eggs, that is made from raw shell
eggs, and meringue.
   (3) Raw seed sprouts.
   (f) Subdivision (c) does not apply in any of the following
instances:
   (1) The raw eggs are combined immediately before cooking for one
consumer's serving at a single meal, cooked as specified under
Section 114004, and served immediately, such as an omelet, souffle,
or scrambled eggs.
   (2) The raw eggs are combined as an ingredient immediately before
baking and the eggs are thoroughly cooked to a ready-to-eat form,
such as a cake, muffin, or bread.
   (3) The preparation of the food is conducted under a HACCP plan
that:
   (A) Identifies the food to be prepared.
   (B) Prohibits contacting ready-to-eat food with bare hands.
   (C) Includes specifications and practices that ensure salmonella
enteritidis growth is controlled before and after cooking and is
destroyed by cooking the eggs to an internal temperature of 145*F.
   (D) Contains the information specified under a HACCP plan,
including procedures that control cross-contamination of ready-to-eat
food with raw eggs, and delineate cleaning and sanitization
procedures for food-contact surfaces.
   (E) Describes the training program that ensures that the food
employee responsible for the preparation of the food understands the
procedures to be used.


114093.  Notwithstanding Section 114004, a ready-to-eat salad
dressing or sauce containing a raw or less-than-thoroughly cooked egg
as an ingredient, and other ready-to-eat foods made from or
containing eggs, comminuted meat, or single pieces of meat, including
beef, veal, lamb, pork, poultry, fish, and seafood, that are raw or
have not been thoroughly cooked as specified in Section 114004 may be
served if either of the following requirements is met:
   (a) The consumer specifically orders that the food be individually
prepared less than thoroughly cooked.
   (b) The food facility notifies the consumer, orally or in writing,
at the time of ordering, that the food is raw or less than
thoroughly cooked.


114093.1.  (a) Any food facility that serves or sells over the
counter directly to the consumer an unlabeled or nonprepackaged food
that is a confectionery that contains alcohol in excess of one-half
of 1 percent by weight shall provide written notice to the consumer
of that fact.
   (b) The notice shall be prominently displayed or be provided in
some other manner, as determined by the department.
   (c) The department shall adopt regulations to govern the notice
required by this section in order to effectuate the purposes of this
section.