Loading (50 kb)...'
(continued)
s 7874. Personnel -Cleanliness.
s 7875. Cleaning and Sanitizing of Containers.
s 7876. Filling and Closures.
s 7877. Dry Storage.
s 7878. Water Dispensers.
s 7879. Water Vending Machines.
s 7880. Records.
s 7881. Labels and Signs.
s 7882. Applications.
s 7883. Licenses.
s 7925. Sale of Rat Exterminators.
The sale or exposure for sale of alleged rodent exterminators, the manufacture of which is based upon the use of cultures of bacteria which may contaminate human food supplies, is hereby prohibited.
s 7933. Definitions.
(a) Vector Management Unit.
"Vector management unit" means the organizational entity within the Department of Health with primary responsibility for the surveillance, prevention and control of insects and other animals of public health significance.
(b) Wild Rodent.
"Wild rodent" means wild ground squirrels, chipmunks, rats, mice or any other members of the order Rodentia occurring in nature in California except muskrats and beavers.
s 7934. Registration.
(a) Each person holding a valid scientific collecting permit issued by the Department of Fish and Game pursuant to Fish and Game Code Section 2576, who captures or holds in quarantine wild rodents with the intent to sell them shall register annually with the health officer of each jurisdiction in which the wild rodents are captured or quarantined.
(b) The local health officer shall notify the vector management unit, within seven days, of each person registered.
Note: Authority cited for Article 2: Sections 102 and 208, Health and Safety Code. Reference: Sections 205, 3053 and 3114, Health and Safety Code.
s 7935. Disinfestation, Quarantine and Shipment of Wild Rodents.
(a) No person shall sell any wild rodent which has not been disinfected of ectoparasites and quarantined pursuant to the provisions of this Section.
(b) Disinfestation of rodents shall be as follows:
(1) Any person capturing wild rodents with the intent to sell shall, in the locality of capture, disinfest each rodent of ectoparasites using the 1977 "Specifications for disinfestation of wild rodents captured and held for sale" issued by the vector management unit.
(2) Upon release from quarantine and prior to shipment, each rodent shall again be disinfected using the 1977 "Specifications for disinfestation of wild rodents captured and held for sale" issued by the vector management unit.
(c) Quarantine of rodents shall be as follows:
(1) The rodents shall be segregated and confined in cages by species, and date and locality of capture, with the date and specific locality of capture clearly designated on the cages.
(2) The rodents shall be held in quarantine for a period of two weeks prior to the date of shipment.
(3) If a rodent dies, the quarantine of all remaining rodents in that cage shall be extended two weeks from the date of that death or any later death.
(4) Each rodent death shall be reported to the local health officer within two working days of the rodent's death.
(5) Rodent carcasses shall be promptly frozen pending collection by the local health officer.
(d) Shipment of rodents shall be as follows:
(1) A statement shall accompany the shipment and shall bear the names and addresses of the shipper and receiver, the date of shipment, the location and dates of capture, and certification that the rodents have been quarantined and disinfested of ectoparasites.
(2) Such statement shall be retained by the receiver for a period of one year.
(3) On the date of shipment, the shipper shall submit two copies of the shipment statement to the local health officer, who shall forward, within seven days, one copy to the vector management unit.
s 7936. Reports.
The local health officer shall report all deaths of wild rodents held in quarantine to the vector management unit and ship the carcasses of such rodents to the State laboratory for examination as directed by the vector management unit.
s 7937. Disposition of Trapped Wild Rodents.
All wild rodents trapped in the same general area within which a rodent or other animal has been found to be infected with plague or other disease communicable to man shall be subjected to such quarantine, isolation, disinfestation or other procedure which the vector management unit finds necessary for the protection of the public health.
s 7941.1. Internship Program.
An internship program shall include field training equivalent to 600 hours of supervised field experience or completion of six months of supervised field experience in a local environmental health jurisdiction during the formal undergraduate or graduate course studies for the degree in environmental health and shall include experience in at least six environmental program areas. Three of the areas of field experience shall be selected from the following six basic environmental program areas: food protection, waste management (liquid, solid, and hazardous), water sanitation, housing and institutions, recreational swimming areas and waters, and vector control. Experience in the three remaining environmental program areas shall be selected from the following: air sanitation, safety and accident prevention, land development and use, disaster sanitation, electromagnetic radiation, milk and dairy products sanitation, noise control, occupational health, rabies and animal disease control, and any of those from the six basic program areas above not previously selected.
Note: Authority cited: Section 520, Health and Safety Code. Reference: Section 520, Health and Safety Code.
s 7941.2. Approved Educational Institution.
In order to be approved by the Department, an institution shall be on the list of accredited colleges or universities maintained by the U.S. Office of Education and shall meet the curriculum requirements specified in Section 7941.5(b) if providing course work leading to a degree in environmental health.
Note: Authority cited: Section 520, Health and Safety Code. Reference: Section 520, Health and Safety Code.
s 7941.3. Review of Curriculum.
Institutions requesting approval of their environmental health degree program shall first submit their curriculum to the Sanitarian Registration Certification Committee for review and if it meets the prescribed curricula as specified in Section 7941.5(b) it shall be submitted to the Department for approval.
Note: Authority cited: Section 520, Health and Safety Code. Reference: Section 520, Health and Safety Code.
s 7941.4. Certification of Registration.
Note: Authority cited: Section 520, Health and Safety Code. Reference: Section 522, Health and Safety Code.
s 7941.5. Educational and Experience Requirements.
Note: Authority cited: Section 520, Health and Safety Code. Reference: Section 520, Health and Safety Code.
s 7941.6. Cross-Certification with Department of Food and Agriculture.
Note: Authority cited: Section 520, Health and Safety Code. Reference: Section 517, Health and Safety Code.
s 7942. Exceptions.
Note: Authority cited: Section 542(b), Health and Safety Code.
s 7943. Application Submission, Completion and Notification.
Note: Authority cited: Section 208, Health and Safety Code; and Section 15376, Government Code. Reference: Section 520, Health and Safety Code; and Sections 15376 and 15378, Government Code.
s 7944. Application Review Period.
Note: Authority cited: Section 208, Health and Safety Code; and Section 15376, Government Code. Reference: Section 520, Health and Safety Code; and Sections 15376 and 15378, Government Code.
s 7945. Application Decision Period.
Note: Authority cited: Section 208, Health and Safety Code; and Section 15376, Government Code. Reference: Section 520, Health and Safety Code; and Sections 15376 and 15378, Government Code.
s 7946. Median, Minimum, and Maximum Application Processing Times.
Note: Authority cited: Section 208, Health and Safety Code; and Section 15376, Government Code. Reference: Section 520, Health and Safety Code; and Sections 15376 and 15378, Government Code.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Sections 24156 and 24157, Health and Safety Code.
s 7952. Public Water-Contact Sports Area Defined.
Public water-contact sports area means any area so designated (1) by a regional water pollution control board, or (2) by any other authorized and responsible public agency.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Section 24156, Health and Safety Code.
s 7953. Public Beach Defined.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Section 24156, Health and Safety Code.
s 7954. Safety Program Defined.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Section 24156, Health and Safety Code.
s 7955. Refuse Defined.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Section 24156, Health and Safety Code.
s 7956. Storm Drain.
"Storm drain" means a conveyance through which water flows onto or adjacent to a public beach and includes rivers, creeks, and streams, whether in natural or in man-made channels.
Note: Authority cited: Sections 100275, 115880 and 116075, Health and Safety Code. Reference: Sections 115880, 116075 and 116080, Health and Safety Code.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Section 24156, Health and Safety Code.
s 7957. Physical Standard.
No sewage, sludge, grease, or other physical evidence of sewage discharge shall be visible at any time on any public beaches or water-contact sports areas.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Section 24156, Health and Safety Code.
s 7958. Bacteriological Standards.
(a) The minimum protective bacteriological standards for waters adjacent to public beaches and public water-contact sports areas shall be as follows:
(1) Based on a single sample, the density of bacteria in water from each sampling station at a public beach or public water contact sports area shall not exceed:
(A) 1,000 total coliform bacteria per 100 milliliters, if the ratio of fecal/total coliform bacteria exceeds 0.1; or
(B) 10,000 total coliform bacteria per 100 milliliters; or
(C) 400 fecal coliform bacteria per 100 milliliters; or
(D) 104 enterococcus bacteria per 100 milliliters.
(2) Based on the mean of the logarithms of the results of at least five weekly samples during any 30-day sampling period, the density of bacteria in water from any sampling station at a public beach or public water contact sports area, shall not exceed:
(A) 1,000 total coliform bacteria per 100 milliliters; or
(B) 200 fecal coliform bacteria per 100 milliliters; or
(C) 35 enterococcus bacteria per 100 milliliters.
(b) Water samples shall be submitted for bacteriological analyses to a laboratory certified by the Environmental Laboratory Accreditation Program, California Department of Health Services in microbiology for methods for the analysis of the sample type.
Note: Authority cited: Sections 100275, 115880 and 116075, Health and Safety Code. Reference: Sections 115880, 116075 and 116080, Health and Safety Code.
s 7959. Bacteriological Sampling.
(a) In order to determine that the bacteriological standards specified in 7958 above are being met in a water-contact sports area designated by a Regional Water Quality Control Board in waters affected by a waste discharge, water samples shall be collected at such sampling stations and at such frequencies as may be specified by said board in its waste discharge requirements.
(b) In waters of a public beach or water-contact sports area that has not been so designated by a Regional Water Quality Control Board, water samples shall be collected at such sampling stations and at such frequencies as may be determined by the local health officer or the Department. Local health officers shall be responsible for the proper collection and analysis of water samples in such areas.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Sections 24156 and 24157, Health and Safety Code.
s 7960. Corrective Action.
When a public beach or public water-contact sports area fails to meet the standards as set forth in 7957 or 7958 above, the local health officer or the Department, after taking into consideration the causes therefor, may at his or its discretion close, post with warning signs, or otherwise restrict use of said public beach or public water-contact sports area until such time as corrective action has been taken and the standards as set forth in 7957 and 7958 above are met.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Sections 24156 and 24157, Health and Safety Code.
s 7961. Public Beaches Visited by More Than 50,000 People Annually and Adjacent to Storm Drains.
(a) Waters adjacent to a public beach shall be tested for bacteria identified in Section 7958 on at least a weekly basis from April 1 to October 31, inclusive, if the beach is
(1) Visited by more than 50,000 people annually, and
(2) Located adjacent to a storm drain that flows in the summer.
(b) Water samples shall be taken from locations that include areas affected by storm drains. Samples shall be taken in ankle- to knee-deep water, approximately 4 to 24 inches below the water surface.
(c) When testing reveals that the waters adjacent to a public beach fail to meet any of the standards set forth in Section 7958(a)(1) the local health officer shall post the beach pursuant to Health and Safety Code Section 115915, and shall use the standards of Section 7958(a)(1) and (2) in determining the necessity to restrict the use of or close the public beach or portion thereof.
(d) In the event of a known release of untreated sewage into waters adjacent to a public beach, the local health officer shall:
(1) Immediately post and close the beach or a portion thereof, or otherwise restrict its use until the source of the sewage release is eliminated;
(2) Sample the affected waters; and
(3) Continue closure or restriction of the beach or a portion thereof and posting the beach until testing results establish that the standards of Section 7958(a)(1) are satisfied.
Note: Authority cited: Sections 100275, 115880 and 116075, Health and Safety Code. Reference: Sections 115880, 116075 and 116080, Health and Safety Code.
s 7962. Duties Imposed on a Local Public Officer or Agency.
Pursuant to Health and Safety Code Sections 115880(h), 115885(g), and 115915(c), any duty imposed upon a local public officer or agency by Section 7961 shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Director of Health Services, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with performance of these duties.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 115880, 115885 and 115915, Health and Safety Code.
Note: Authority cited: Sections 208 and 24156, Health and Safety Code. Reference: Section 24156, Health and Safety Code.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Sections 427.3, 427.5, 427.6 and 427.9, Health and Safety Code.
s 7971. Beach.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Sections 427.3, 427.5, 427.6 and 427.9, Health and Safety Code.
s 7972. Saltwater Body.
Saltwater Body means the ocean, a marine bay, estuary or lagoon.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427, Health and Safety Code.
s 7973. Freshwater Body.
Freshwater Body means a natural or artificial lake, river, reservoir, stream or canal.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427, Health and Safety Code.
s 7974. Refuse.
Refuse means domestic or industrial garbage, rubbish, or other debris adversely affecting public health and safety as specified by the Health Officer.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7975. Sanitation.
Sanitation means the maintenance of a safe and healthful environment by means of removal of refuse; provision of sanitary toilet and handwashing facilities; disposal of sewage and liquid wastes; protection of bathing water quality; provision of pure, wholesome and potable drinking water; and control of harmful insects, rodents and animals.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7976. Recreational Purposes.
Recreational purposes include but are not limited to, swimming, camping, scenic enjoyment, fishing, shellfish gathering, surfing, scuba or snorkel diving, boating, equestrianship, use of recreational vehicles, jogging, walking, and beachcombing.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427, Health and Safety Code.
s 7977. Public Health and Safety.
Public health and safety means the maintenance of an environment that contributes to human well being, and in which there is an absence of human disease, ill health or injury.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7978. Health Officer.
Health Officer means the legally appointed Health Officer of the county or city having jurisdiction of the area in which a public beach is located.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.5, Health and Safety Code.
s 7979. Exemption.
Sections 7981 through 7991 of Title 17 shall not apply when the Health Officer determines that the beach is maintained primarily as an open space. The criteria, among others, that may be evidence of open space is lack of developed access, lack of parking facilities, lack of lifeguard services, or where casual use normally does not exceed 50 people per mile of shoreline.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7980. Review by Health Officer.
No persons shall begin construction, reconstruction or alteration of any public beach sanitation facility without first submitting plans, specifications and other such information, as may be required, to the Health Officer for his review and written approval. If no action is taken within fifteen (15) days of submission of plans, the project shall be deemed ap proved. If the Health Officer disapproves, the reason shall be so stated in writing .
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7981. Application.
The provisions of this article shall be applicable to public beaches where overnight camping is not permitted.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7982. Toilets.
Toilets shall conform to the State Plumbing Code, Part 5, Title 24, California Administrative Code. Portable toilets may be substituted for plumbed toilets.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Sections 427.3, Health and Safety Code.
s 7983. Water Supply.
Water when provided for drinking, showers, or handwashing shall be from a source approved by the Health Officer.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7984. Maintenance.
Toilets shall be available to the public at all times the beach is officially open for use. All facilities must be maintained in a clean and sanitary condition at all times.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7985. Refuse Handling.
(a) Refuse containers approved by the Health Officer shall be provided at all public beaches.
(b) All refuse shall be stored in the container in a manner which will not create a nuisance.
(c) Containers shall be emptied at frequencies sufficient to prevent overflow and to be maintained in a sanitary condition.
(d) Every public beach shall be maintained in a clean condition free of refuse.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7985.1. Animals.
No person shall bring onto or allow any animal, except guide dogs used by the blind, to remain on any beach which has been designated a public swimming beach by the state, or any city, county, or city and county and where lifeguards are provided, except that horses may be ridden on designated equestrian trails and areas.
This regulation is not intended to prohibit or supersede any local ordinance now in effect or which may be enacted.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7986. Implementation.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7987. Application.
The provisions of this article shall be applicable to public beaches used for overnight camping.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7988. Refuse Handling.
(a) Refuse containers approved by the Health Officer shall be provided in every camping area.
(b) All refuse shall be stored and removed in a manner that will not create a nuisance.
(c) Beach areas and areas set aside for camping shall, at all times, be maintained in a clean and safe condition.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7988.1. Animals.
No person shall bring onto or allow any animal, except guide dogs used by the blind, to remain on any beach which has been designated a public swimming beach by the state, or any city, county, or city and county and where lifeguards are provided, except that horses may be ridden on designated equestrian trails and areas.
This regulation is not intended to prohibit or supersede any local ordinance now in effect or which may be enacted.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7989. Campsites.
(a) No travel trailer, camp car, recreational vehicle or tent shall be located closer than six feet from any building or other travel trailer, camp car, recreational vehicle or tent on an adjacent lot or campsite.
(b) Each vehicular lot or campsite in a camping area shall have direct access.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7990. Sanitary Facilities.
(a) Toilets shall conform to the State Plumbing Code, Part 5, Title 24, California Administrative Code.
(b) Shower baths or other bathing facilities are not required; however, when provided, they shall conform to the State Plumbing Code, Part 5, Title 24, California Administrative Code.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7991. Maintenance.
All sanitary facilities shall be maintained in a clean and safe condition.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7992. Disposal of Sewage Wastes.
(a) Wastewater or material from plumbing fixtures shall not be permitted to be deposited upon the ground.
(b) Campsites not provided with a drain inlet shall not be occupied by a travel trailer, camp car, or recreational vehicle equipped with plumbing unless the drain outlet of the vehicle is capped or as otherwise provided by part (c) of this section. Each campsite for use by vehicles equipped with toilets, unless self-contained shall be provided with a three-inch drain inlet.
(c) Other means of disposing of liquid wastes, not including human wastes, may be approved by the Health Officer.
(d) Trailer sanitation stations approved by the Health Officer and designed to receive the discharge of sewage holding tanks of self-contained vehicles shall be installed or available in an accessible location to every public beach campground area in which there are campsites not provided with drain inlets designed to receive the discharge of sewage wastes. Trailer sanitation stations shall be provided on the basis of one station for each 100 such campsites or portion thereof.
(e) Trailer sanitation stations shall be designed and constructed as required by Sections 5570 through 5580, Title 25, California Administrative Code.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7993. Laundry Facilities.
Laundry facilities are not required; however, when provided they shall conform to the State Plumbing Code, Part 5, Title 24, California Administrative Code.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s 7994. Water Supply.
When provided, potable water shall be from a source approved by the Health Officer and obtainable from faucets installed not more than 400 feet from each campsite. Potable water shall be adequate for all the requirements of the camping area.
Note: Authority cited: Sections 208 and 427.3, Health and Safety Code. Reference: Section 427.3, Health and Safety Code.
s T17-8000. Intent of Regulations.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.20, Health and Safety Code.
s T17-8001. Food Crop.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.21, Health and Safety Code.
s T17-8002. Privacy.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.25, Health and Safety Code.
s 8003. Toilet Facilities.
Toilet facilities include water flush toilets, chemical toilets, or sanitary privies where lawful, in portable or fixed form.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.23, Health and Safety Code.
s 8004. General Standards.
Toilet facilities shall meet the following standards:
(a) Toilet facilities shall provide a minimum area of eight (8) square feet, with a minimum width of two and one-half (2 1/2) feet for each toilet seat. A minimum area of ten (10) square feet, with a minimum width of two and one-half (2 1/2) feet, shall be required when a urinal is included. Sufficient additional space shall be included if handwashing facilities are within the facility.
(b) Units housing toilet and handwashing facilities shall be rigidly constructed and their inside surfaces shall be of nonabsorbent material, smooth, readily cleanable, and finished in a light color.
(c) Units housing toilet and handwashing facilities shall be ventilated and provided with self-closing doors, lockable from the inside.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.25, Health and Safety Code.
s 8005. Chemical Toilet Standards.
The wastewater tank on chemical toilets shall be constructed of durable, easily cleanable material and have a minimum tank capacity of forty gallons. Construction shall be such as to prevent splashing on the occupant, field, or road.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Sections 5474.23 and 547.29, Health and Safety Code.
s 8006. Suitable Chemicals.
Odor control and solid liquefying chemicals that are effective at all times shall be used in chemical toilet waste holding tanks.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.29, Health and Safety Code.
s 8007. Disposal of Contents of Chemical Tanks.
Contents of chemical tanks shall be disposed of by draining or pumping into a sanitary sewer, an approved septic tank of sufficient capacity to handle the wastes, a suitably sized and constructed holding tank, approved by the local health department, or by any other method approved by the local health department.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.25, Health and Safety Code.
s 8008. Standards.
Handwashing facilities shall meet the following standards:
(a) Pure, wholesome, and potable water shall be available for handwashing.
(b) Signs shall be posted, indicating that the water is only for handwashing purposes.
(c) The water tank shall provide a minimum capacity of fifteen gallons.
(d) Handwashing facilities shall be provided at the unit or in the immediate vicinity.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.26, Health and Safety Code.
s 8009. Privies.
Privies shall be moved to a new site or taken out of service when the pit is filled to within two feet of the adjacent ground surface. The pit contents shall be covered with at least two feet of well-compacted dirt when the privy is moved.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.25, Health and Safety Code.
s 8010. Toilets.
It shall be the responsibility of the employer to insure that toilets are serviced and maintained in a clean, sanitary condition and kept in good repair at all times.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.25, Health and Safety Code.
s 8011. Toilet Paperholder.
Toilet paper shall be provided in a suitable holder in each toilet unit.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.25, Health and Safety Code.
s 8012. Standards.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.26, Health and Safety Code.
s 8013. Water Flush Toilets and Handwashing Facilities.
Water flush toilets and handwashing facilities shall conform to the (Compiled) State Building Standards Code, Part 5, Title 24, California Administrative Code.
Note: Authority cited: Sections 208 and 5474.29, Health and Safety Code. Reference: Section 5474.25, Health and Safety Code.
s 8025. Intent.
Note: Authority cited for Group 12: Section 102, Health and Safety Code. Reference: Section 13521, Water Code.
<<(Subchapter Originally Printed 7-21-73)>>
Note: Authority cited: Section 208, Health and Safety Code, and Section 21082, Public Resources Code. Reference: Section 21000 et seq., Public Resources Code.
s 10101. Order Promulgating Regulations.
Under the authority of Sections 200 through 208, 26321, 26542, 28013, 28153, 28182, 28243, 28339, 28440, 28508, 28663.5 and 28709 of the Health and Safety Code, and Section 1147 of the Agricultural Code, the following regulations for the enforcement of Division 21 of the Health and Safety Code are hereby promulgated.
These regulations shall take effect on September 1, 1954.
The regulations now in force are hereby repealed as of the date the new regulations herein promulgated shall become effective.
Note: Authority cited for subchapter 2 filed 7-29-54: Sections 200 through 208, 26321, 26542, 28013, 28153, 28182, 28243, 28339, 28440, 28508, 28663.5, 28709, Health and Safety Code, and Section 1147, Agricultural Code.
s 10102. General Regulations.
s 10103. Constitutionality.
If any section, subsection, clause, sentence, or phrase of these regulations or standards is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining portions of these regulations or standards. The State Board of Public Health hereby declares that it would have adopted the remaining portions of these regulations or standards irrespective of the fact, that any such section, subsection, clause, sentence, or phrase of these regulations or standards be declared invalid or unconstitutional.
s 10150. Cosmetic Regulations.
DRUGS AND DEVICES
s 10200. Dietary Supplement.
(a) "Dietary supplement"
(1) Means an article (other than tobacco) intended to supplement the diet that bears or contains one or more of the following dietary ingredients:
(A) A vitamin,
(B) A mineral,
(C) An herb or other botanical,
(D) An amino acid,
(E) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake, or
(F) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in clause (A), (B), (C), (D), or (E);
(2) Means a product that
(A) Is labeled as a dietary supplement and
(B) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in such a form
(C) Is not represented for use as a conventional food, or as a sole item of a meal or the diet; and
(3) Does
(A) Include an article that is approved as a new drug in compliance with Health and Safety Code section 111550, subdivision (a) or (b), certified as an antibiotic under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. section 357, and/or licensed as a biologic under the Public Health and Safety Act, 42 U.S.C. section 262 and was, prior to such approval, certification, or license, marketed as a dietary supplement or as a food, unless the article, when used as or in a dietary supplement under the conditions of use set forth in the labeling for such dietary supplement is adulterated under California Health and Safety Code section 110545, and
(B) Not include
1. An article that is approved as a new drug in compliance with Health and Safety Code section 111550, subdivision (a) or (b), certified as an antibiotic under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. section 357, and/or licensed as a biologic under the Public Health and Safety Act, 42 U.S.C., section 262, or
2. An article authorized for investigation as a new drug, antibiotic, or biologic for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public, and which was not, before its approval, certification, licensing, or authorization, marketed as a dietary supplement.
(b) A dietary supplement may be a food or a drug, or both a food and a drug, as these terms are defined in Health and Safety code sections 109935 and 109925.
Note: Authority cited: Sections 100275, 110065 and 110100, Health and Safety Code. Reference: Sections 110175, 110290, 110545, 110620, 110625, 110630, 110660, 110705, 110760, 110765 and 110770, Health and Safety Code.
s 10350. Labeling Defined (26207).
s 10355. Truth of Labeling (26208).
s 10360. New Drugs -Definition.
Newness of a drug may arise by reason (among other reasons) of:
(a) The newness for drug use of any substance which composes such drug, in whole or in part, whether it be an active substance or a menstruum, excipient, carrier, coating, or other component;
(b) The newness for drug use of a combination of two or more substances, none of which is a new drug;
(c) The newness for drug use of the proportion of a substance in a combination, even though such combination containing such substance in other proportion is not a new drug;
(d) The newness of use of such drug in diagnosing, curing, mitigating, treating, or preventing a disease, or to affect a structure or function of the body, even though such drug is not a new drug when used in another disease or to affect another structure or function of the body; or
(e) The newness of a dosage, or method or duration of administration or application, or other condition of use prescribed, recommended, or suggested in the labeling of such drug, even though such drug when used in other dosage, or other method or duration of administration or application, or different condition, is not a new drug.
Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Section 26021, Health and Safety Code.
s 10365. Drugs -Name (26230).
s 10370. Poisonous Insecticides and Rodenticides, Use of (26234(2)).
s 10371. Drugs: Current Good Manufacturing Practice in Manufacture, Processing, Packaging, Labeling or Holding (26234(3)).
Note: Authority cited: Sections 102 and 208, Health and Safety Code. Reference: Section 26234(3), Health and Safety Code.
s 10375. Blending of Certified Coal Tar Colors (26235 (2)).
s 10376. Drug and Device Manufacturing Licenses.
(a) The fee for a manufacturer's license as required by Sections 26685 and 26688 of the Health and Safety Code is $200.00 and will cover a period of 12 months. The license is not transferable and will not be prorated.
(b) Manufacturers of human prescription drugs shall pay an additional license fee of $100.00 per year, plus the fingerprint processing fee charged by the California Department of Justice.
(c) Application for Drug Manufacturing License shall be made on State Department of Health form #EH-52 (Rev. 4/93). Applications for a Device Manufacturing License shall be made on State Department of Health form #EH-72.
(d) Applications for a Drug Manufacturing License shall include the following information on or attached to the application form:
(1) The name of the license applicant, and the full business address and telephone number of the manufacturing facility;
(2) All trade or business names used by the license applicant;
(3) Name(s) of the person(s) in charge of manufacturing;
(4) Name, address and telephone number of the person responsible for correspondence;
(5) The type of ownership or operation (for example, partnership, association, corporation, or individual/sole proprietorship);
(6) The name(s) of the owner and/or operator of the license applicant, including:
(A) If an individual, the name of the individual; if a sole proprietorship, the name of the sole proprietor and the name of the business entity;
(B) If a partnership or other unincorporated association, the name of each partner or member, and name of the partnership or association;
(C) If a corporation, the corporate name, and the state of incorporation, the name and title of each corporate officer and director; and
(D) The name of each person holding more than 5 percent equity, or debt liability of the applicant.
(7) Types of products to be manufactured;
(8) Type of processing to be utilized;
(9) Signature of license applicant under penalty of perjury affirming that the information in the application is true and accurate;
(10) Printed name and title of the individual signing the application;
(11) Date application was signed; and
(12) For human prescription drug manufacturers only:
(A) properly completed Disclosure Statement (form #EH-53 (rev. 4/93)), two properly completed fingerprint cards, and fingerprint processing fee for each person in charge of manufacturing and each person whose name is required to be included in the license application under Paragraphs (d)(6)(A) through (d)(6)(C). However, where the license applicant is a corporation, partnership, or other business association and the total number of partners, members, or corporate officers, directors, and shareholders (as the case may be) exceeds five, the application shall so state, and the documents and fee described in this Paragraph shall only be submitted for each person in charge of manufacturing, and
1. For corporations: of the corporate officers who reside in California, or who reside outside California, but are involved in the routine operations of the manufacturing facility, the documents and fee shall be submitted for each of the five highest ranking officers in this group, and
2. For partnerships, joint ventures, and similar business association: of the partners or members who reside in California, or who reside outside California, but are involved in the routine operations of the manufacturing facility, the documents and fee shall be submitted for each of the five persons in this group who own the largest interests in the applicant entity.
(B) Fingerprint cards and fingerprint processing fee shall only be submitted once for each person. If there is a change of any person in charge of manufacturing or any person occupying a position listed in Paragraphs (d)(6)(A) through (d)(6)(C), fingerprint cards and processing fee shall be submitted for each new or additional person.
(C) Other persons listed in Paragraph (d)(6) may be required by the Department to submit the documents described in this Paragraph as necessary to determine the qualifications of the applicant.
(e) Within 30 calendar days of receipt of a drug manufacturing license application, the Department shall inform the applicant in writing that it is either complete and accepted for filing or that the application is deficient and what specific information or documentation is required to complete the application. An application is considered complete when all information, documents, and fees required in this Section have been received by the Department.
(f) Within 240 calendar days from the date of filing of a completed drug manufacturing license application, the Department shall inform the applicant in writing of its decision regarding a drug manufacturing license application. The median time for the Department to process a drug manufacturing license application from acceptance of the initial application to the final license decision has been 29 calendar days; the minimum time was one calendar day; the maximum time was 919 calendar days.
Note: Authority cited: Section 15376, Government Code and Sections 102, 208, 26202, 26209 and 26688, Health and Safety Code. Reference: Sections 26685, 26687, 26688 and 26689, Health and Safety Code.
s 10377. Definitions.
(a) The definitions set forth in this Section apply to Sections 10376 through 10377.8 only.
(b) Blood means whole blood collected from a single donor and processed either for transfusion or further manufacturing.
(c) Blood component means that part of blood separated by physical or mechanical means.
(d) Controlled Substance means, unless otherwise specified, a drug, substance, or immediate precursor which is listed in any schedule in Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058, or which is regulated as a controlled substance under the Controlled Substances Act (21 U.S.C. s 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. s 951 et seq.).
(e) Drug sample means a unit of a human prescription drug that is not intended to be sold and is intended to promote the sale of the drug.
(f) Human prescription drug means any drug intended for human use required by State law to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to Section 26660 of the Health and Safety Code.
(g) Active ingredient means any component that is intended to furnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure of any function of the body of man, including those components that may undergo chemical change in the manufacture of the drug product and be present in the drug product in a modified form intended to furnish the specified activity or effect.
(h) Component means any ingredient intended for use in the manufacture of a drug product, including those that may not appear in the drug product.
(i) Manufacturer means any person who prepares, compounds, propagates, processes, or fabricates any drug. The term manufacturer includes anyone who repackages or otherwise changes the container, wrapper, or labeling of any drug in furtherance of the distribution of the drug. The term manufacturer does not include:
(1) A retailer who repackages from a bulk container at the time of sale to its ultimate consumer; or
(2) Anyone who sells, purchases, or trades blood or blood components intended for transfusion, provided that the blood or blood components are prepared using physical or mechanical means, not chemical processes.
(j) Transfusion means a use of blood or blood components in which the blood or blood components are administered into a vein of a human being for treatment of disease, including physical injury.
Note: Authority cited: Sections 102, 208 and 26202, Health and Safety Code. Reference: Sections 26209, 26685, 26686 and 26688, Health and Safety Code.
s 10377.1. Qualifications.
(a) A license to manufacture human prescription drugs may be denied on the ground that the license applicant is not qualified by reason of the applicant's experience to manufacture and distribute human prescription drugs in a safe manner and in compliance with federal, state, and local drug laws. In the case of a partnership, association, or corporation, an applicant's experience includes the experience of each person whose name is required to be included in the license application. An applicant's experience includes, but is not limited to, the following factors:
(1) Any conviction of the applicant under any federal, state, or local laws relating to drugs, including drug samples, wholesale or retail drug distribution, or distribution of controlled substances;
(2) Any felony conviction of the applicant under federal, state, or local laws which is substantially or rationally related to the qualifications, functions, and duties of a licensed human prescription drug manufacturer; a crime shall be considered substantially or rationally related to qualifications, functions, or duties of human prescription drug manufacturer if, reasonably or to a substantial degree, it evidences present or potential unfitness of a licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.
(3) The applicant's past experience in the manufacture or distribution of drugs, including controlled substances;
(4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;
(5) Suspension or revocation by federal, state, or local government of any license or permit currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;
(6) Compliance with licensing requirements under drug or device licenses previously granted by the Department, if any;
(7) Compliance with requirements to maintain and/or make available to the Department those records required under the Sherman Food, Drug, and Cosmetic Law (Health and Saf. Code s 26000 et seq.) and the regulations adopted pursuant to that law;
(8) Compliance with requirements to make available to federal, state, or local law enforcement officials those records described in 21 Code of Federal Regulations section 205.50 (55 Fed. Reg. 38025-38026 (Sept. 14, 1990)); and
(9) History of addiction or habitual use of any controlled substance, narcotic, prescription drug, or alcoholic beverage.
(b) As used in subsection (a), "conviction" includes a plea, verdict, or finding of guilt regardless of whether sentence has been imposed, but does not include:
(1) any conviction for an offense specified in subdivision (a) or (b) of Health and Safety Code Section 11361.5 which became final more than two years prior to the date of the license application, or
(2) any conviction under Health and Safety Code Section 11557 or its successor Section 11366 when that conviction was stipulated or designated to be a lesser included offense of the offense of possession of marijuana;
(c) The Department may deny a license to a license applicant if it determines that the granting of such a license would not be in the public interest, based on factors which are substantially or rationally related to protecting the public from adulterated or misbranded human prescription drugs.
Note: Authority cited: Sections 102, 208, 26202 and 26209, Health and Safety Code. Reference: Sections 26611, 26612, 26689 and 26691, Health and Safety Code.
s 10377.2. Revocation and Suspension.
(a) Any conviction of any violation of federal, state, or local drug laws shall be grounds for suspending or revoking a license to manufacture human prescription drugs.
(b) Any action or conduct which would have warranted denial of a license to manufacture human prescription drugs shall be grounds for suspending or revoking a license to manufacture human prescription drugs.
Note: Authority cited: Sections 102, 208 and 26202, Health and Safety Code. Reference: Sections 26688, 26689, 26691 and 26801, Health and Safety Code.
s 10377.3. Compliance.
Human prescription drug manufacturers and their officers, agents, representatives, and employees shall comply with the requirements of Sections 10377.4, 10377.5, 10377.6, 10377.7, and 10377.8 relating to human prescription drugs.
Note: Authority cited; Sections 102, 208, 26202 and 26209, Health and Safety Code. Reference: Sections 26611, 26612 and 26689, Health and Safety Code. (continued)