2009 California Health and Safety Code - Section 110340-110385 :: Article 2. Fair Packaging And Labeling

HEALTH AND SAFETY CODE
SECTION 110340-110385

110340.  All labels of foods, drugs, devices, or cosmetics shall
conform with the requirements of the declaration of net quantity of
contents of Section 4 of the Fair Packaging and Labeling Act (80
Stat. 1296; 15 U.S.C., Sec. 1451) and the regulations adopted
pursuant thereto. Foods, drugs, devices, and cosmetics exempted from
the requirements of Section 4 of the Fair Packaging and Labeling Act,
however, are also exempt from this article.

110345.  The label of any package of a food, drug, device, or
cosmetic that bears a representation as to the number of servings of
the commodity contained in the package shall bear a statement of the
net quantity, in terms of weight, measure, or numerical count, of
each serving.

110350.  It is unlawful for any person to distribute, or cause to be
distributed, in commerce any packaged food, drug, device, or
cosmetic if any qualifying words or phrases appear in conjunction
with the separate statement of the net quantity of contents required
by Section 110340.
   This section, however, does not prohibit supplemental statements,
at other places on the package, describing in nondeceptive terms the
net quantity of contents. Such supplemental statements of net
quantity of contents shall not include any term qualifying a unit of
weight, measure, or count that tends to exaggerate the amount of the
commodity contained in the package.

110355.  Whenever the department determines that regulations
containing prohibitions or requirements, other than those prescribed
by Section 110340, are necessary to prevent the deception of
consumers or to facilitate value comparisons as to any food, drug,
device, or cosmetic, the department shall adopt regulations with
respect to that commodity.

110360.  The department may establish and define standards for the
characterization of the size of a package that encloses any food,
drug, device, or cosmetic, that may be used to supplement the label
statement of net quantity of contents of packages containing the
commodity. This section, however, does not authorize any limitation
on the size, shape, weight, dimension, or number of packages that may
be used to enclose any food, drug, device, or cosmetic.

110365.  The department may regulate the placement upon any package
that contains any food, drug, device, or cosmetic or upon any label
affixed to the article, of any printed matter stating or representing
by implication that the article is offered for retail sale at a
price lower than the ordinary and customary retail sale price or that
a retail sale price advantage is accorded to any purchaser of the
article by reason of the size of that package or the quantity of its
contents.

110370.  The department may require that the label on each package
of a food, drug, device, or cosmetic bear the common or usual name of
the article, if any, and in case the article consists of two or more
ingredients, the common or usual name of each ingredient listed in
order of decreasing predominance by weight. This section, however,
does not require that any trade secret be divulged.

110375.  (a) No container wherein commodities are packed shall have
a false bottom, false sidewalls, false lid or covering, or be
otherwise so constructed or filled, wholly or partially, as to
facilitate the perpetration of deception or fraud.
   (b) No container shall be made, formed, or filled as to be
misleading. A container that does not allow the consumer to fully
view its contents shall be considered to be filled as to be
misleading if it contains nonfunctional slack fill. Slack fill is the
difference between the actual capacity of a container and the volume
of product contained therein. Nonfunctional slack fill is the empty
space in a package that is filled to less than its capacity for
reasons other than the following:
   (1) Protection of the contents of the package.
   (2) The requirements of machines used for enclosing the contents
of the package.
   (3) Unavoidable product settling during shipping and handling.
   (4) The need to utilize a larger than required package or
container to provide adequate space for the legible presentation of
mandatory and necessary labeling information, such as those based on
the regulations adopted by the Food and Drug Administration or state
or federal agencies under federal or state law, laws or regulations
adopted by foreign governments, or under an industrywide voluntary
labeling program.
   (5) The fact that the product consists of a commodity that is
packaged in a decorative or representational container where the
container is part of the presentation of the product and has value
that is both significant in proportion to the value of the product
and independent of its function to hold the product, such as a gift
combined with a container that is intended for further use after the
product is consumed, or durable commemorative or promotional
packages.
   (6) An inability to increase the level of fill or to further
reduce the size of the package, such as where some minimum package
size is necessary to accommodate required labeling, discourage
pilfering, facilitate handling, or accommodate tamper-resistant
devices.
   (7) The product container bears a reasonable relationship to the
actual amount of product contained inside, and the dimensions of the
actual product container, the product, or the amount of product
therein is visible to the consumer at the point of sale, or where
obvious secondary use packaging is involved.
   (8) The dimensions of the product or immediate product container
are visible through the exterior packaging, or where the actual size
of the product or immediate product container is clearly and
conspicuously depicted on the exterior packaging, accompanied by a
clear and conspicuous disclosure that the representation is the
"actual size" of the product or the immediate product container.
   (9) The presence of any headspace within an immediate product
container necessary to facilitate the mixing, adding, shaking, or
dispensing of liquids or powders by consumers prior to use.
   (10) The exterior packaging contains a product delivery or dosing
device if the device is visible, or a clear and conspicuous depiction
of the device appears on the exterior packaging, or it is readily
apparent from the conspicuous exterior disclosures or the nature and
name of the product that a delivery or dosing device is contained in
the package.
   (11) The exterior packaging or immediate product container is a
kit that consists of a system, or multiple components, designed to
produce a particular result that is not dependent upon the quantity
of the contents, if the purpose of the kit is clearly and
conspicuously disclosed on the exterior packaging.
   (12) The exterior packaging of the product is routinely displayed
using tester units or demonstrations to consumers in retail stores,
so that customers can see the actual, immediate container of the
product being sold, or a depiction of the actual size of the
container prior to purchase.
   (13) The exterior packaging consists of single or multiunit
presentation boxes of holiday or gift packages if the purchaser can
adequately determine the quantity and sizes of the immediate product
container at the point of sale.
   (14) The exterior packaging is for a combination of one purchased
product, together with a free sample or gift, wherein the exterior
packaging is necessarily larger than it would otherwise be due to the
inclusion of the sample or gift, if the presence of both products
and the quantity of each product are clearly and conspicuously
disclosed on the exterior packaging.
   (c) Any sealer may seize a container that facilitates the
perpetration of deception or fraud and the contents of the container.
By order of the superior court of the county within which a
violation of this section occurs, the containers seized shall be
condemned and destroyed or released upon any condition as the court
may impose to ensure against their use in violation of this chapter.
The contents of any condemned container shall be returned to the
owner if the owner furnishes proper facilities for the return.

110380.  All regulations and their amendments pertaining to foods,
drugs, devices, and cosmetics that are in effect on the effective
date of this part, or that are adopted on or after that date,
pursuant to the Fair Packaging and Labeling Act (80 Stat. 1296; 15
U.S.C. Sec. 1451 et seq.) shall be the regulations of this state. The
department may, when necessary, prescribe any packaging and labeling
regulation for foods, drugs, devices, and cosmetics whether or not
the regulation is in accordance with regulations adopted under the
Fair Packaging and Labeling Act. No regulations shall be adopted that
are contrary to the labeling requirements for the net quantity of
contents required pursuant to Section 4 of the Federal Fair Packaging
and Labeling Act and the regulations adopted pursuant to that
section.

110385.  It is unlawful for any person to distribute in commerce any
food, drug, device, or cosmetic, if its packaging or labeling does
not conform to the provisions of this article or to regulations
adopted pursuant to this article. This section does not apply to
persons engaged in business as wholesale or retail distributors of
foods, drugs, devices, or cosmetics, except to the extent that they
are engaged in the packaging or labeling of the commodities or they
prescribe or specify the manner in which the commodities are packaged
or labeled. This section shall not be construed to repeal,
invalidate, or supersede any other section of this part.


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