2009 California Health and Safety Code - Section 114087-114094 :: Article 8. Consumer Information

HEALTH AND SAFETY CODE
SECTION 114087-114094

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 either of the following 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.

114094.  (a) For purposes of this section, the following definitions
shall apply:
   (1) "Food facility" means a food facility in the state that
operates under common ownership or control with at least 19 other
food facilities with the same name in the state that offer for sale
substantially the same menu items, or operates as a franchised outlet
of a parent company with at least 19 other franchised outlets with
the same name in the state that offer for sale substantially the same
menu items, except that a "food facility" does not include the
following:
   (A) Certified farmer's markets.
   (B) Commissaries.
   (C) Grocery stores, except for separately owned food facilities to
which this section otherwise applies that are located in the grocery
store. For purposes of this paragraph, "grocery store" means a store
primarily engaged in the retail sale of canned food, dry goods,
fresh fruits and vegetables, and fresh meats, fish, and poultry.
"Grocery store" includes convenience stores.
   (D) Licensed health care facilities.
   (E) Mobile support units.
   (F) Public and private school cafeterias.
   (G) Restricted food service facilities.
   (H) Retail stores in which a majority of sales are from a
pharmacy, as defined in Section 4037 of the Business and Professions
Code.
   (I) Vending machines.
   (2) "Calorie content information" means the total number of
calories per standard menu item, as that item is usually prepared and
offered for sale.
   (3) "Drive-through" means an area where a customer may provide an
order for and receive standard menu items while occupying a motor
vehicle.
   (4) "Menu board" means a posted list or pictorial display of food
or beverage items offered for sale by a food facility.
   (5) "Nutritional information" includes, but is not limited to, all
of the following, per standard menu item, as that item is usually
prepared and offered for sale:
   (A) Total number of calories.
   (B) Total number of grams of carbohydrates.
   (C) Total number of grams of saturated fat.
   (D) Total number of milligrams of sodium.
   (6) "Point of sale" means the location where a customer makes an
order.
   (7) "Standard menu item" means a food or beverage item offered for
sale by a food facility through a menu, menu board, or display tag
at least 180 days per calendar year, except that "standard menu item"
does not include any of the following:
   (A) A food item that is customized on a case-by-case basis in
response to an unsolicited customer request.
   (B) An alcoholic beverage, the labeling of which is not regulated
by the federal Food and Drug Administration.
   (C) A packaged food otherwise subject to the nutrition labeling
requirements of the federal Nutrition Labeling and Education Act of
1990.
   (D) A food item when served at a consumer self-service salad bar.
   (E) A food or beverage item when served at a consumer self-service
buffet.
   (8) "Reasonable basis" means any reasonable means recognized by
the federal Food and Drug Administration of determining nutritional
information, as well as calorie content information, for a standard
menu item, as usually prepared and offered for sale, including, but
not limited to, nutrient databases and laboratory analyses.
   (9) "Appetizer" means a food item that is generally served prior
to a food item that is generally regarded as the primary food item in
a meal. An "appetizer" includes a first course, starter, or small
plate.
   (10) "Dessert" means a food item that is generally served after a
food item that is generally regarded as the primary food item in a
meal. "Dessert" includes, but is not limited to, cakes, pastries,
pies, ice cream and food items that contain ice cream, confections,
and other sweets.
   (b) (1) Commencing July 1, 2009, to December 31, 2010, inclusive,
every food facility shall either disclose nutritional information as
required by paragraph (2), or comply with subdivision (c) during this
period of time.
   (2) (A) In order to comply with paragraph (1), a food facility
that does not provide sit-down service shall disclose the information
in a clear and conspicuous manner on a brochure that is made
available at the point of sale prior to or during the placement of an
order. A food facility that provides sit-down service shall provide
the nutritional information in a clear and conspicuous size and
typeface on at least one of the following:
   (i) A brochure available on the table.
   (ii) A menu next to each standard menu item.
   (iii) A menu, under an index section that is separate from the
listing of standard menu items.
   (iv) A menu insert.
   (v) A table tent on the table.
   (B) Notwithstanding subparagraph (A), a food facility that has a
drive-through area and uses a menu board to display or list standard
menu items at the point of sale shall, for purposes of the
drive-through area only, disclose the nutritional information in a
clear and conspicuous manner on a brochure that is available upon
request, and shall conspicuously display a notice at the point of
sale that reads: "NUTRITION INFORMATION IS AVAILABLE UPON REQUEST" or
other similar statement that indicates the disclosure of nutrition
information is available upon request.
   (c) (1) On and after January 1, 2011, every food facility that
provides a menu shall disclose calorie content information for a
standard menu item next to the item on the menu in a size and
typeface that is clear and conspicuous.
   (2) On and after January 1, 2011, every food facility that uses an
indoor menu board shall disclose calorie content information for a
standard menu item next to the item on the menu board in a size and
typeface that is clear and conspicuous.
   (3) On and after January 1, 2011, every food facility that uses a
display tag as an alternative to a menu or menu board to describe a
standard menu item that is displayed for sale in a display case
within the food facility shall disclose calorie content information
for that standard menu item on the display tag for that item in a
size and typeface that is clear and conspicuous.
   (4) On and after January 1, 2011, every food facility that has a
drive-through area and uses a menu board to display or list standard
menu items at the point of sale shall, for purposes of the
drive-through area only, disclose the nutritional information for
each standard menu item in a clear and conspicuous manner on a
brochure that is available upon request, and shall clearly and
conspicuously display a notice at the point of sale that reads:
"NUTRITION INFORMATION IS AVAILABLE UPON REQUEST" or other similar
statement that indicates the disclosure of nutrition information upon
request. If a food facility subject to this paragraph discloses
nutritional information in the manner described in subparagraph (B)
of paragraph (2) of subdivision (b), the food facility shall be
deemed to be in compliance with this paragraph.
   (d) For purposes of subdivision (c), the disclosure of calorie
content information on a menu or menu board next to a standard menu
item that is a combination of at least two standard menu items on the
menu or menu board, shall, based upon all possible combinations for
that standard menu item, include both the minimum amount of calories
for the calorie count information and the maximum amount of calories
for the calorie count information. If there is only one possible
total amount of calories, then this total shall be disclosed.
   (e) For purposes of subdivision (c), the disclosure of calorie
content information on a menu or menu board next to a standard menu
item that is not an appetizer or dessert, but is intended to serve
more than one individual, shall include both of the following:
   (1) The number of individuals intended to be served by the
standard menu item.
   (2) The calorie content information per individual serving. If the
standard menu item is a combination of at least two standard menu
items, this disclosure shall, based upon all possible combinations
for that standard menu item, include both the minimum amount of
calories for the calorie count information and the maximum amount of
calories. If there is only one possible total amount of calories,
then this total shall be disclosed.
   (f) The nutritional information and calorie content information
required by this section shall be determined on a reasonable basis. A
reasonable basis determination of nutritional information and
calorie content information shall be required only once per standard
menu item, provided that portion size is reasonably consistent and
the food facility follows a standardized recipe and trains to a
consistent method of preparation.
   (g) (1) Every brochure provided pursuant to this section shall
include the statement: "Recommended limits for a 2,000 calorie daily
diet are 20 grams of saturated fat and 2,300 milligrams of sodium."
   (2) Menus and menu boards may include a disclaimer that indicates
that there may be variations in nutritional content across servings,
based on variations in overall size and quantities of ingredients,
and based on special ordering.
   (h) This section shall not be construed to create or enhance any
claim, right of action, or civil liability that did not previously
exist under state law or limit any claim, right of action, or civil
liability that otherwise exists under state law. The only enforcement
mechanism of the section is the local enforcement agency.
   (i) This section shall not be construed to preclude any food
facility from voluntarily providing nutritional information in
addition to the requirements of this section.
   (j) To the extent consistent with federal law, this section, as
well as any other state law that regulates the disclosure of
nutritional information, is a matter of statewide concern and
occupies the whole field of regulation regarding the disclosure of
nutritional information by a food facility. No ordinance or
regulation of a local government shall regulate the dissemination of
nutritional information by a food facility. Any ordinance or
regulation that violates this prohibition is void and shall have no
force or effect.
   (k) Commencing July 1, 2009, a food facility that violates this
section is guilty of an infraction, punishable by a fine of not less
than fifty dollars ($50) or more than five hundred dollars ($500),
which may be assessed by a local enforcement agency. However, a food
facility may not be found to violate this section more than once
during an inspection visit. Notwithstanding Section 114395, a
violation of this section is not a misdemeanor.
   (l) If any provision of this section, or the application thereof,
is for any reason held invalid, ineffective, or unconstitutional by a
court of competent jurisdiction, the remainder of this section,
shall not be affected thereby, and to this end, the provisions of
this section are severable.


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