2009 California Health and Safety Code - Section 111015-111065 :: Article 11. Local Enforcement

111015.  "Health officer," as used in this article, means the health
officer appointed by a county board of supervisors pursuant to
Section 101000, by the governing body of a city pursuant to Section
101460, by the governing body of a city and county, or by a local
health district board pursuant to former Section 940, that is
continued in effect as to any existing district by Section 3 of
Chapter 380 of the Statutes of 1959.

111020.  The department, upon the request of a health officer, may
authorize the local health department of a city, county, city and
county, or local health district to enforce this part, and the
regulations adopted pursuant to this part that pertain to retail food
establishments, as defined by regulation, if the department
determines that the local health department has sufficient personnel
with adequate training to do so. The enforcement shall be limited to
the area under the jurisdiction of the local health department.

111025.  The department may revoke any authorization made pursuant
to this article, if it determines, after a hearing conducted pursuant
to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code that the local health department
authorized pursuant to this article is not enforcing this part or the
regulations adopted pursuant to this part, or no longer has an
adequate staff qualified to do so.

111030.  A local health department that is authorized by the
department to enforce this part may make inspections, take samples,
make laboratory examinations, impose and remove embargoes, hold
informal hearings, certify facts to the district attorney, and
institute proceedings for the forfeiture, condemnation, and
destruction of food found to be adulterated or misbranded. The action
shall be instituted in the name of the city, county, city and
county, or district of which the local health department is a part,
and shall conform to the requirements of this part and the
regulations adopted by the department pursuant to this part.

111035.  For the purposes of this article, the health officer and
his or her deputies shall have the same powers and authority as an
inspector of the Bureau of Food and Drug of the department.

111040.  When an examination or analysis made pursuant to this part
shows that any provision of this chapter has been violated, written
notice of that fact together with a copy of the findings shall be
furnished to each party from whom the sample was obtained, or who
issued the product guarantee.

111045.  The health officer shall set a time for an informal
hearing, at which the parties may be heard before him or her or his
or her representatives. A notice in writing shall be served upon the
interested parties at least 15 days prior to the hearing. The
informal hearing shall be private and limited to questions of fact.
Appearances may be made in person or by attorney. Testimony may be
taken and evidence introduced as to the correctness of the findings
made by the person making the examination or performing the analysis.

111050.  If the examination or analysis is found to be correct, or
if any party fails to appear after notice has been duly given, the
health officer may certify the facts found to the district attorney
of the county. No publication shall be made until after the hearing
is concluded.

111055.  This article shall not be construed as repealing, either
directly or by implication, any of the existing sections of this
chapter, but shall be construed as constituting an alternative method
of enforcing this part.

111060.  This article shall not affect any previous authorization by
the department to a local health department of a county, city, or
city and county to enforce this part.

111065.  The department may adopt regulations relating to the
operation of a local health department as it considers necessary to
fully effect this article, including, but not limited to,
requirements relating to reporting of activities and the numbers and
qualification of personnel.