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(continued)
(f) "Food Preparation" means any operation by which the form, flavor, or consistency of food is changed. It includes, but is not limited to, cooking, seasoning, cutting, and grinding.
(g) "Milk and Milk Products" means those food items which are defined in Sections 32510-32512 of the California Food and Agricultural Code, Division 15, Part 1, Chapter 1. Milk and milk products will be considered to be packaged foods.
(h) "Packaged Foods" means foods in a package, as defined in Section 26023 of the California Health and Safety Code. The package shall conform to the applicable provisions of Chapter 4 of Division 21 (commencing with Section 26400) of the California Health and Safety Code. The packaging of such products shall be done at a facility approved by the local health officer. Processing and packaging facilities as defined in Sections 32505 and32513 of the California Food and Agricultural Code shall be exempt from this requirement.
(i) "Potentially Hazardous Food" means any food which consists in whole or in part of ingredients capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms, including, but not limited to, milk or milk products, eggs, meat, poultry, fish or shellfish. It does not include food that has been processed and packaged so as to prevent the growth of pathogenic microorganisms, or any uncracked shell eggs.
(j) "Produce" means any fruit or vegetable in its raw or natural state.
(k) "Produce Preparation" means any operation by which the form, flavor or consistency of the produce is changed. It includes, but is not limited to, cooking, seasoning, cutting, trimming, and grinding.
( l "Trimming" means the removal of part of the produce, such as outer leaves, stems, stalks, roots, and tops.
(m) "Utensil" means any kitchenware, cutlery, container, implement, wrapper or other equipment with which food comes in contact during storage, display, preparation, sale, or through use by an employee or consumer.


Note: Authority cited: Sections 208 and 28802.5, Health and Safety Code. Reference: Section 28802.5 Health and Safety Code.


s 13651. Structural and Operational Requirements.


Note: Authority cited: Sections 208 and 28802.5, Health and Safety Code. Reference: Section 28802.5, Health and Safety Code.


s 13652. Health Requirements.
(a) All employees shall wear clean washable outer garments and shall keep their hands clean at all times while engaged in handling food, beverages, or utensils. All employees shall wash their hands and arms with soap or detergent and water before commencing work after using toilet facilities, before returning to work, and at such other times as are necessary to prevent contamination of food. Legible signs shall be posted in each toilet room directing attention to this requirement.
(b) When information as to the possibility of disease transmission is presented to the local health officer, he shall investigate conditions and take appropriate action. The health officer may, after investigation and for reasonable cause, require any or all of the following measures to be taken:
(1) The immediate exclusion of such employee or owner from the affected food establishment;
(2) The immediate closing of the establishment until in the opinion of the health officer no further danger exists;
(3) Medical examination of the owner and employees, with such laboratory examination as may be indicated, or should such examination or examinations be refused, the immediate exclusion of the refusing owner or employee from that or any other food establishment operation until a medical or laboratory examination shows that he is not affected with, or a carrier of, any disease in a communicable form.


Note: Authority cited: Sections 208 and 28802.5, Health and Safety Code. Reference: Section 28802.5, Health and Safety Code.


s 13653. Enforcement and Inspection.


Note: Authority cited: Sections 208 and 28802.5, Health and Safety Code. Reference: Section 28802.5, Health and Safety Code.


s 13670. Adoption of the 1976 Uniform Mechanical Code.
Chapter 4-20 of Title 24, California Administrative Code, shall be the commercial hood and kitchen ventilation standards for retail food establishments as defined in Title 17, California Administrative Code, Section 12100(a).


Note: Authority cited: Sections 208, 28694, 28694.5 and 28863, Health and Safety Code. Reference: Sections 28196, 28545 and 28826, Health and Safety Code.


s 13671. Building Plan Approval.
(a) Building plans for new construction or remodeling of kitchen ventilation systems in retail food establishments shall be submitted for review and approval to either the local health officer or a duly authorized registered sanitarian.
(b) Construction or installation shall not begin without prior written approval that the building plan complies with the requirements of Section 13670.


Note: Authority cited: Sections 208, 28694, 28694.5 and 28863, Health and Safety Code. Reference: Sections 28196, 28545, 28826 and 28865, Health and Safety Code.

s 13675. Raw Gulf Oysters: Labeling, Written Warnings and Additional Requirements.
(a) For purposes of this article, the following definitions shall apply:
(1) "Dealer" means a person who shucks, packs, re-packs, processes, labels, re-labels, ships, re-ships, holds or otherwise sells shellfish. "Dealer" does not include persons solely engaged in retail activities as defined in the Health and Safety Code, Section 113875.
(2) "Gulf oyster" means any oyster harvested from the states of Alabama, Florida, Louisiana, Mississippi, or Texas.
(3) "Half-shell oyster" means any oyster from which one shell has been removed.
(4) "MPN" (Most Probable Number) means a statistical estimate of the number of bacteria per unit volume determined from the number of positive results in a series of fermentation tubes.
(5) "Non-detectable level" means that the MPN ofVibrio vulnificus bacteria is less than 3 MPN per gram of product as determined by theVibrio vulnificustesting method in the U.S. Food and Drug Administration Bacteriological Analytical Manual, 8th Edition, 1995, pages 9.01-9.27, hereby incorporated by reference.
(6) "Offers" means making raw oysters available to any person, whether the raw oysters are subject to purchase, exchange, or transfer, or are provided without charge.
(7) "Orders" means requesting or selecting raw oysters for consumption on the premises of a retail food facility, or requesting or selecting raw oysters for consumption off the premises.
(8) "Oyster treatment process" means a process that has been determined by the state shellfish control authority having jurisdiction, the U.S. Food and Drug Administration, or a recognized process authority to consistently reduce the level ofVibrio vulnificus to a non-detectable level.
(9) "Recognized process authority" means the person(s) or organization(s) recognized by the state shellfish control authority or the U.S. Food and Drug Administration as having expert knowledge of oyster treatment processes, and having adequate facilities for making such determinations.
(10) "Retail food facility" means "retail" as defined in section 113875 of the Health and Safety Code and "food facility" as defined in section 113785 of the Health and Safety Code.
(11) "Shellfish Control Authority" means the State, or other regulatory authority, or its designated agents responsible for the enforcement of laws or regulations governing shellfish growing and harvesting areas, shellfish handling facilities and dealer activities including harvesting, transporting, storing, handling, processing, packing, and repacking of shellfish.
(12) "Shellstock oyster" means any oyster in both shells.
(13) "Shucked oyster" means any oyster from which both shells have been removed and which has been packed in a container by a dealer.
(14) "Tent cards" means free-standing print displays or a printed display in a supporting stand designed for placement on dining tables or food service counters.
(b) Every retail food facility that offers raw Gulf oysters shall provide a written warning to any person who orders raw oysters, as provided in this section.
(1) The written warning shall be worded in English and Spanish as follows:
WARNING

THIS FACILITY OFFERS RAW OYSTERS FROM THE GULF OF MEXICO. EATING THESE OYSTERS
MAY CAUSE SEVERE ILLNESS AND EVEN DEATH IN PERSONS WHO HAVE LIVER DISEASE (FOR
EXAMPLE ALCOHOLIC CIRRHOSIS), CANCER OR OTHER CHRONIC ILLNESSES THAT WEAKEN THE
IMMUNE SYSTEM. If you eat raw oysters and become ill, you should seek immediate
medical attention. If you are unsure if you are at risk, you should consult
your physician.

AVISO IMPORTANTE

ESTA FACILIDAD OFRECE OSTRAS CRUDAS DEL GOLFO DE MEXICO. A COMER ESTAS OSTRAS
CRUDAS PUEDEN CAUSAR UNA ENFERMEDAD GRAVE Y HASTA LA MUERTA EN LAS PERSONAS QUE
PADECEN DE ENFERMEDADES DEL HIGADO (POR EJEMPLO, CIRROSIS ALCOHLICA), CANCER U
OTRAS ENFERMEDADES CRONICAS QUE DEBILITAN EL SISTEMA INMUNOLOGICO Si usted come
ostras crudas y se enferma, debe buscar atencion medica inmediatamente. Si
usted cree estar en peligro, debe consultar a un medico.

(2) Where raw oysters are purchased by a consumer over a counter, or where they are offered for sale by a sign, tag, or menu board, the sign bearing the warning set forth in subsection (b)(1) shall be prominently placed so that it is likely to be read by consumers prior to ordering raw oysters. The warning signs shall meet the following specifications:
(A) Be square in shape and no smaller than 10 inches on a side (100 square inches) or be rectangular in shape and no smaller than 11 inches high by 8.5 inches wide (93.5 square inches).
(B) Be printed in black ink on a white background, dark blue ink on a yellow background or other ink that is of high contrast from the color of the background material.
(C) At least 1/3" space shall be maintained around the notice
(D) The word "Warning" and the words "Aviso Importante" shall be in all bold, upper case letters and underlined and be no smaller than 35 point type face.
(E) The first two sentences of the English and the Spanish version shall be in bold letters and be no smaller than 30 point type face. The remaining sentences of the English and the Spanish version shall be no smaller than 25 point type face.
(3) Where raw oysters are ordered directly from a server, at a dining table, or where a warning sign posted pursuant to subsection (b)(2) is not clearly legible from any location where the consumer orders raw oysters, the warnings shall be printed on all menus in which raw oysters are listed, or on tent cards located on each dining table. For menus, the warning may be shortened to contain the headers and the first two sentences of the English and Spanish statements as set forth in subsection (b)(1) and shall be prominently placed on the menu so that it is likely to be read by consumers prior to ordering raw oysters. Tent cards shall contain the complete warning statements as set forth in subsection (b)(1) and be prominently placed on the dining tables so that they are likely to be read by consumers prior to ordering raw oysters. Both menu warning statements and tent card warning statements shall meet the following specifications:
(A) Be printed in black ink on a white background, dark blue ink on a yellow background or other ink that is of high contrast from the color of the background material.
(B) The word "Warning" and the words "Aviso Importante" shall be in all bold, upper case letters and underlined.
(4) Menu warning statements shall meet the following additional specifications:
(A) Be no smaller than 10 point type face.
(B) Be enclosed by a box rule with no less than 1/8" of space around the notice.
(5) Tent card warning statements shall meet the following additional specifications:
(A) Be square in shape and no smaller than 4 inches on a side (16 square inches) or be rectangular in shape and no smaller than 3 inches high by 5 inches wide (15 square inches).
(B) The word "Warning" and the words "Aviso Importante" and the first two sentences of the English and Spanish version shall be in no smaller than 12 point medium or bold type face, and the remaining sentences shall be no smaller than 10 point type face.
(C) Be enclosed by a box rule with no less than 1/8" of space around the notice.
(c) Every dealer or retail food facility that offers raw oysters from any source shall do all of the following:
(1) Refuse to accept any container of raw shellstock oysters, half-shell oysters, or shucked oysters, if the container does not have a tag or label affixed that prominently and clearly bears the statement "Harvested in______________________________", "Product of______________________________", or words of similar meaning (to be filled in with the name of the state or foreign country in which the raw oysters were harvested). For containers of raw oysters that have any oyster harvested from a state bordering on the Gulf of Mexico, this paragraph is satisfied when the container bears a tag or label affixed that prominently and clearly bears the statement", or words of similar meaning (to be filled in with the name of the state or foreign country in which the raw oysters were harvested). For containers of raw oysters that have any oyster harvested from a state bordering on the Gulf of Mexico, this paragraph is satisfied when the container bears a tag or label affixed that prominently and clearly bears the statement "Harvested from the Gulf of Mexico", or "Product of the Gulf of Mexico".
(2) Refuse to accept raw shellstock oysters unless each container contains a tag or label that prominently and clearly bears all of the following:
(A) The harvest date of the oysters.
(B) The bed name or lease number assigned by the shellfish control authority to the harvest area.
(C) The state abbreviation and certification number assigned by the shellfish control authority to the harvester, or original dealer.
(3) Refuse to accept raw shucked oysters unless each container of oysters bears a label that prominently and clearly states all the following:
(A) The sell-by-date, date-shucked, date-packed, or similar date of the shucked oysters.
(B) The state abbreviation and certification number assigned by the shellfish control authority of the state or foreign country to the harvester or original dealer.
(C) The harvest date of raw Gulf oysters. This requirement is satisfied when each shipment of raw oysters is accompanied by an invoice that specifies the harvest date of the oysters.
(D) That raw Gulf oysters, which have not been subjected to an oyster treatment process, be cooked before eating.
(4) Refuse to accept any container of raw half-shell oysters unless each container of oysters bears a tag or label that prominently and clearly states the information required in subparagraphs (c)(3)(A), (B), and (C).
(5) Refuse to accept any container of raw shellstock, half-shell, or shucked Gulf oysters harvested during April through October, and such oysters shall be deemed adulterated, unless:
(A) The oysters have been subjected to an oyster treatment process and are prominently and clearly tagged or otherwise labeled with the information required by subsection (i); and
(B) The dealer or retail food facility has on file a current copy of the letter from the department verifying the use of an oyster treatment process in accordance with subsection (h).
(d) Warnings under subsection (b) are not required for raw shellstock, half-shell or shucked Gulf oysters whenever the retailer has received a copy of a current verification letter from the dealer pursuant to subsection (h) and tags or labels as required by subsection (i) demonstrating that the oysters have been subjected to an oyster treatment process.
(e) In order to be eligible to receive verification by the department that oysters supplied by the dealer are subjected to an oyster treatment process, a dealer shall submit a written request for verification pursuant to Section 13676. A verification issued by the department shall be valid for two years from the date of issue unless revoked or suspended.
(f) A dealer who has received a verification pursuant to Section 13676 shall notify the department in writing prior to making any changes to the oyster treatment process, or any changes to the Hazard Analysis and Critical Control Point (HACCP) plan required by Title 21, Code of Federal Regulations, Part 123.
(g) A dealer who has received a verification pursuant to Section 13676 shall notify the department, within seven days, of any new information known to the dealer pertaining to the effectiveness of the oyster treatment process.
(h) A dealer who has received verification pursuant to Section 13676 shall provide a copy of the letter from the department granting the current verification to every dealer and retail food facility in California to whom the dealer sells or provides shellstock, half-shell, or shucked raw Gulf oysters. Every dealer and retail food facility that offers shellstock, half-shell, or shucked raw Gulf oysters for which verification pursuant to Section 13676 has been granted, shall retain and make available for inspection by the department and local health agencies a copy of the current verification letter provided by the dealer. A retail food facility shall retain the copy of the verification for one year after the date that the verification expires.
(i) A dealer who has received verification pursuant to Section 13676 shall affix to each container of raw Gulf oysters processed to reduceVibrio vulnificus to a non-detectable level, a tag or label pursuant to subsections (c)(2), (c)(3), and (c)(4), as required. In addition to requirements of subsections (c)(2), (c)(3), and (c)(4), such tag or label shall clearly and prominently bear the phrase "PROCESSED TO REDUCE VIBRIO VULNIFICUS TO NON-DETECTABLE LEVELS", followed by a lot number traceable to the dealer's processing records. Use of the phrase "PROCESSED TO REDUCE VIBRIO VULNIFICUS TO NON-DETECTABLE LEVELS", or words of similar meaning on tags or labels of raw unprocessed oysters, or on tags or labels of processed raw oysters from other than a dealer who has a current verification from the department is unlawful, and causes the oysters to be misbranded.


Note: Authority cited: Sections 100275, 110065, 110105, 110430, 112165 and 113710, Health and Safety Code. Reference: Sections 110175, 110545, 112165(c), 112195, 112200 and 113980, Health and Safety Code.


s 13676. Request for Verification.
(a) A request for verification by the department that oysters supplied by a dealer are subjected to an oyster treatment process shall include all of the following:
(1) The name and address of the dealer;
(2) A copy of the shellfish certificate or license issued by the Shellfish Control Authority having jurisdiction;
(3) A description of the process used to treat the oysters and the procedures used to ensure that oysters harvested during April through October and shipped to California are subjected to the treatment.
(4) A report by the Shellfish Control Authority or a recognized process authority, accompanied by the concurrence of the U.S. Food and Drug Administration verifying that the process used consistently reduces the level ofVibrio vulnificusto a non-detectable level.
(5) Signature, under penalty of perjury, of the individual requesting verification attesting to the accuracy of the information provided in the request for verification.
(b) Requests for verification shall be deemed complete when the information specified in subsection (a) has been received in writing by the department. Initial requests for verification may be submitted at any time to the department. Requests for renewals shall be submitted to the department no later than 60 days prior to the expiration date. Requests for verification shall state whether the dealer is requesting an initial verification or renewal of an existing verification.
(c) The department shall notify the dealer in writing within 15 days of receipt of a request for verification of one of the following:
(1) The request for verification is complete and shall be evaluated by the department, or
(2) The request for verification is incomplete and not accepted for evaluation. The department's written notification shall describe the specific information or documentation that is deficient.
(d) Within 60 days of the receipt of a complete request for verification, the department shall notify the dealer of one of the following:
(1) That the oyster treatment process has been verified, or
(2) That the request has been reviewed and denied for failure to establish that each oyster harvested during April through October and sold or distributed in California will be subjected to an oyster treatment process. The department shall provide a written description in the notification of the basis for the denial.
(e) Written notification by the department to dealers requesting verification shall be deemed to occur on the date that the notification is postmarked.
(f) The department shall deem a request for verification abandoned by a dealer requesting verification who fails to respond or to supply information or documents within 30 days of notification by the department.
(g) The time periods for processing a request for verification from the date of receipt by the department are as follows:
(1) The median time for processing a request is 45 days.
(2) The minimum time for processing a request is 20 days.
(3) The maximum time for processing a request is 60 days.
(h) The department may revoke or suspend a verification granted pursuant to Section 13675(e) and this section for any failure of the dealer to ensure the use of the oyster treatment process as described in the request for verification, for any failure of the oyster treatment process to reduceVibrio vulnificus to non-detectable levels, or for any violation by the dealer of this article. The department shall inform the person of any denial, revocation, or suspension in writing, stating the reasons for the denial, revocation, or suspension.


Note: Authority cited: Section 15376, Government Code; and Sections 100275, 110065, 110105, 110430 and 112165(a), Health and Safety Code. Reference: Sections 110435, 110545, 110660, 112165(c), 112195, 112200 and 113980, Health and Safety Code.


s 13700. Frozen Food Locker Regulations.


Note: Authority cited: Section 208, Health and Safety Code. Reference: Section 208, Health and Safety Code.


s 13701. Licenses for Frozen Food Locker Plants.
(a) Licenses for Frozen Food Locker Plants will be valid for a two-year period from date of issue and are not transferable. The fee for the license is $50.00.
(b) Application for a Frozen Food Locker Plant license shall be made on State Department of Health form #EH-6.
(c) The fee shall accompany the application and shall not be refundable.
(d) The licensee shall immediately notify the Department of any change in the information which was submitted on the license application.


Note: Authority cited: Sections 208 and 221, Health and Safety Code. Reference: Section 221, Health and Safety Code.





Note: Authority cited for Article 12: Sections 102 and 208, Health and Safety Code. Reference: Sections 28740 through 28755, 28778 and 28779, Health and Safety Code.


s 15200. Order Promulgating Standards.


s 15205. General Regulations.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15210. Examinations and Investigations -Samples.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15215. General Methods for Water Capacity and Fill of Containers.


s 15220. General Statements of Substandard Quality and Substandard Fill of Container.


















s 15405. Macaroni Products: Identity; Label Statement of Optional Ingredients.


s 15410. Enriched Macaroni Products: Identity; Label Statement of Optional Ingredients.


s 15415. Milk Macaroni Products: Identity; Label Statement of Optional Ingredients.


s 15420. Whole Wheat Macaroni Products: Identity; Label Statement of Optional Ingredients.


s 15425. Wheat and Soy Macaroni Products: Identity; Label Statement of Optional Ingredients.


s 15430. Vegetable Macaroni Products: Identity; Label Statement of Optional Ingredients.


s 15435. Noodle Products: Identity; Label Statement of Optional Ingredients.


s 15440. Enriched Noodle Products: Identity; Label Statement of Optional Ingredients.


s 15445. Wheat and Soy Noodle Products: Identity; Label Statement of Optional Ingredients.


s 15450. Vegetable Noodle Products: Identity; Label Statement of Optional Ingredients.


s 15455. Oriental Style Noodles, Chinese Style Noodles, Japanese Style Noodles, Korean Style Noodles: Identity; Label Statement of Ingredients.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15460. Tagliarini: Identity; Label Statement of Optional Ingredients.


s 15465. Use of Secondhand Boxes for Alimentary Pastes.


















s 15575. Tomato Catsup, Puree, and Paste.
A mold tolerance of 40 percent of the microscopic fields is not to be exceeded in cases of tomato catsup, puree, and paste.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Section 26523, Health and Safety Code.


s 15580. Tomato Juice.
The mold tolerance in case of tomato juice should not exceed 20 percent of the microscopic fields.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Section 26523, Health and Safety Code.


s 15585. Comminuted Tomato Products.
Comminuted tomato products exceeding mold count tolerances specified in Section 15575 and Section 15580 cannot be used as ingredients of manufactured foods such as tomato soup, spaghetti sauce, etc.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Section 26523, Health and Safety Code.





























Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.





Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.





Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15825. Sea Food Cocktails.
Sea food cocktails are the food products prepared by immersing the clean, cooked, edible portions of sea food ingredients in a suitable acidified sauce.
(a) Sauce. A suitable cocktail sauce may be made from catsup or other acidulated tomato product with or without the addition of pieces and/or sodium benzoate. A sufficient amount of vinegar or other food acid shall be added to bring the pH of the sauce to 3.70 or lower. This pH shall be checked by the packer for every batch of sauce.
(b) "Meat" Ingredient.
(1) The sea food ingredient of sea food cocktails must represent not less than 30 percent of the weight of the finished product.
(2) If such ingredient consists wholly of the "meat" of one type of sea food such as crab meat, shrimp, oyster, etc., the product may be named after that ingredient.
(3) If a mixture of two sea food ingredients are used the product may be so named to indicate this fact, stating first the name of the sea food ingredient present in greatest quantity.
(4) If a mixture of more than two sea food ingredients is used in substantial quantities the product may be labeled "mixed sea food cocktail" or the names of the three or more sea food ingredients may be stated in the order of their predominance by weight.


Note: Authority cited: Sections 208 and 25610, Health and Safety Code. Reference: Sections 25610 and 25612, Health and Safety Code.





Note: Authority cited: Sections 208 and 25610, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15830. Eggs.


s 15835. Liquid Eggs, Mixed Eggs, Liquid Whole Eggs, Mixed Whole Eggs: Identity.


s 15840. Frozen Eggs, Frozen Whole Eggs, Frozen Mixed Eggs: Identity.


s 15845. Dried Eggs, Dried Whole Eggs; Identity.


s 15850. Egg Yolks, Liquid Egg Yolks, Yolks, Liquid Yolks:


s 15855. Frozen Yolks, Frozen Egg Yolks: Identity.


s 15856. Egg Whites, Liquid Egg Whites, Liquid Egg Albumen; Identity.


s 15857. Frozen Egg Whites, Frozen Egg Albumen; Identity.


s 15860. Dried Egg Yolks, Dried Yolks; Identity.


s 15861. Dried Egg Whites, Egg White Solids, Dried Egg Albumen, Egg Albumen Solids; Identity.


s 15865. Cacao Nibs, Cocoa Nibs, Cracked Cocoa: Identity; Label Statement of Optional Ingredients.


s 15870. Chocolate Liquor, Chocolate, Baking Chocolate, Bitter Chocolate, Cooking Chocolate, Chocolate Coating, Bitter Chocolate Coating; Identity: Label Statement of Optional Ingredients.


s 15875. Breakfast Cocoa, High Fat Cocoa: Identity; Label Statement of Optional Ingredients.


s 15880. Cocoa, Medium Fat Cocoa: Identity; Label Statement of Optional Ingredients.


s 15885. Low-Fat Cocoa: Identity; Label Statement of Optional Ingredients.


s 15890. Sweet Chocolate, Sweet Chocolate Coating: Identity; Label Statement of Optional Ingredients.


s 15895. Milk Chocolate, Sweet Milk Chocolate, Milk Chocolate Coating, Sweet Milk Chocolate Coating: Identity; Label Statement of Optional Ingredients.


s 15900. Skim Milk Chocolate, Sweet Skim Milk Chocolate, Skim Milk Chocolate Coating, Sweet Skim Milk Chocolate Coating: Identity; Label Statement of Optional Ingredients.


s 15905. Buttermilk Chocolate, Buttermilk Chocolate Coating: Identity; Label Statement of Optional Ingredients.


s 15910. Mixed Dairy Product Chocolate, Mixed Dairy Product Chocolate Coating: Identity; Label Statement of Optional Ingredients .


s 15915. Sweet Chocolate and Vegetable Fat (Other Than Cacao Fat) Coatings: Identity; Label Statement of Optional Ingredients.


s 15920. Sweet Cocoa and Vegetable Fat (Other Than Cacao Fat) Coatings: Identity; Label Statement of Optional Ingredients.


s 15925. Distinction Between "Extract" and "Flavor."


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.





Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.





Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15975. Labeling Defined.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15980. Where Label Statements Must Appear.
All required information shall appear on the main display panel of the bottle and carton. If more than one panel is used for display, the required information shall appear on each. This statement applies to the name of the product, list of ingredients when required, declaration of artificial color, added preservative, name and address of the manufacturer, distributor or packer, and the statement of the quantity of contents.


s 15985. Name and Address of Manufacturer or Distributor.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15990. Quantity of Contents Statement.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 15995. Listing of Ingredients.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 16000. Artificial Coloring.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 16005. Artificial Flavoring.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 16010. Chemical Preservatives.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 16015. Guaranty Statements.


Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26051 and 26202, Health and Safety Code.


s 16020. Misleading Containers.


s 16025. Definitions.


s 16030. Sirup.


s 16035. Sugar-Cane Sirup.


s 16040. Sorghum Sirup.


s 16045. Maple Sirup.


s 16050. Sugar Sirup.


s 16055. Imitation Sirups.


s 16060. Labeling of Sirups.


s 16065. Vinegar, Cider Vinegar, Apple Vinegar.


s 16070. Distilled Vinegar, Spirit Vinegar, Grain Vinegar.


s 16075. Wine Vinegar, Grape Vinegar.


s 16080. Malt Vinegar, Beer Vinegar.


s 16085. Spices.


s 16090. Labeling of Vinegars.


s 16095. Adulteration.


s 16100. Imitation Vinegar.


s 16105. Manner of Holding Bulk Ripe Olives.
All bulk ripe olives shall be held in kegs or barrels in a brine solution containing as a minimum 2 1/2 percent salt (10 degrees salometer).


Note: Authority cited: Sections 208, 26202 and 26209, Health and Safety Code. Reference: Sections 26050, 26209 and 26520, Health and Safety Code.


s 16110. Label Stipulations of Bulk Ripe Olives.
All barrels or kegs containing ripe olives shall have a label affixed thereto bearing the following statement:
The Contents of This Keg or Barrel Shall Not be Held or Preserved in Closed or
Sealed Glass Jars or Tins



Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Sections 26050 and 26520, Health and Safety Code.


s 16112. Definitions.
(a) The term "Canned Ripe Olives" refers to olives of the "ripe type" or the "green-ripe type."
(1) "Ripe type" olives are those which have been treated and oxidized in processing to produce a typical dark brown to black color.
(2) "Green-ripe type" olives are those which have not been oxidized in processing and which range in color from yellow-green; green-yellow or other greenish casts; and which may be mottled.


Note: Authority cited: Sections 208, 26202 and 26510, Health and Safety Code. Reference: Section 26510, Health and Safety Code.


s 16113. Labeling.
(a) Cans of Ripe Olives shall bear a label which meets all of the labeling requirements set forth in Article 4, Sections 26550 thru 26562 of the California Health and Safety Code and in addition, shall bear all of the following information:
(1) A statement of the drained weight.
(2) A size designation according to one of the seven sizes set forth in Table 1.
(3) A cut or imprint which represents the approximate size of the fruit designated as set forth in Table 1.
(b) Cans of Ripe Olives with counts per pound between two size ranges shall be labeled as the lesser or smaller size.
TABLE 1. SIZE -CANNED WHOLE AND PITTED RIPE OLIVES

Illustration has been reduced for printing purposes.


Note: Authority cited: Sections 208, 26202 and 26510, Health and Safety Code. Reference: Sections 26556 and 26557, Health and Safety Code.

s 16200. General Provisions.
A manufacturer shall not mix a lot of a food containing defects exceeding the actionable level with another lot of food containing fewer defects than the actionable level. Such mixing renders the food actionable regardless of the defect level of the final food.


Note: Authority cited: Sections 208, 26202 and 26203, Health and Safety Code. Reference: Sections 26203, 26520 and 26523, Health and Safety Code.


s 16201. Heat Processed Canned Peaches: Actionable Defect Levels for Insects.
(a) Definitions.
(1) Standard Peach Unit means:
(A) A single whole peach, or
(B) A peach half, or
(C) A number of pieces smaller than halves which taken together are equal in weight to a fraction of the drained weight according to can size as follows:
Drained Weight
or Drained
Weight Fraction
Equivalent to
One Standard
Can Size Peach Unit
8 oz. - 211x304...................................... 1/3
No. 300 - 300x407.................................... 1/6
No. 303 - 303x406.................................... 1/6
No. 2 - 307x409...................................... 1/8
No. 2 1/2- 401x411................................... 1/10
No. 10 - 603x700..................................... 1/40
No. 10 - 603x700 solid pack or preheated pie pack.... 1.5 oz.
Larger than above sizes.............................. 1.5 oz.

1. The method of ascertaining drained weight shall be the method used for the USDA Quality Grade Standards for canned foods.
(2) Insect infested means a standard peach unit having embedded or clinging insects or insect fragments.
(b) Actionable levels for peaches which are principally peeled by hand, such as white peaches, are reached at any time when:
(1) More than five percent of standard peach units by count are insect infested, or
(2) More than twenty percent of the cans contain one or more free floating whole insect larvae, or the larval parts equivalent to a whole larva, or any free floating part of any adult insect.
(c) Actionable levels for peaches which are not principally peeled by hand are reached at any time when:
(1) More than one percent of standard peach units by count are insect infested, or
(2) More than two percent of the cans contain one or more free floating whole insect larvae, or the larval parts equivalent to a whole larva, or any free floating part of any adult insect.
(d)Sampling Requirements.
(1) The minimum number of standard peach units and the minimum number of cans selected from a single manufacturer's lot for evaluation of compliance shall be determined according to can size as follows:
Minimum
Number of Minimum
Standard Number
Can Size Peach Units of Cans
8 oz. - 211/304...... 100 50
No. 300 - 200x407.... 100 25
No. 303 - 303x406.... 100 25
No. 2 - 307x409...... 125 25
No. 21/2- 401x411.... 200 25
No. 10 - 603x700..... 200 8
All Larger Cans...... 200 2



Note: Authority cited: Sections 208, 26202 and 26203, Health and Safety Code. Reference: Sections 26523 and 26524, Health and Safety Code.


s 17000. Order Promulgating Regulations and Standards.


Note: Authority cited for Article 14: Sections 26540 and 26540.2, Health and Safety Code. Reference: Secs. 26540.2 and 26542.1, Health and Safety Code.


s 17001. Adoption and Application of Regulations and Standards.
(a) Application. The Treasury Department regulations adopted and the exceptions and additional provisions in this Article shall be applicable to all the wine produced, imported, bottled, offered for sale or sold within the state for beverage use, or any other purpose, except as hereinafter provided. The production, the importation, or sale within this state of any product as, or under the designation of wine, which fails to conform to the applicable standard described herein, except for distillation into wine spirits or industrial or nonbeverage purposes is hereby prohibited.
(b) Except as otherwise provided in this Article, the definitions and standards of identity and quality for wine and their amendments, now or hereafter promulgated by the U. S. Treasury Department, Internal Revenue Service, in Title 27 C.F.R., Part 4, Subparts B and C, Part 19, Subpart N, Part 231, Subpart F and Part 240, Subparts O, P, Q, R, S, T, V, W, X, Z, and ZZ, are the definitions and standards of identity and quality for wine in the State of California.


Note: Authority cited: Sections 208, 26202 and 26515, Health and Safety Code. Reference: Section 26515, Health and Safety Code.


s 17005. Standards of Identity and Quality for Wine Produced in California or Elsewhere.
(a) The standards herein established are minimum standards for wine of the several classes and types defined.
(b) Prohibited Wine. Wine derived from raisins, dried grapes, dried berries, and other dried fruit, and imitation or substandard wine, shall not be produced, imported, or sold in this state except for distillation into wine spirits or for industrial or nonbeverage purposes.
(c) Cellar Treatment. Cellar treatment shall conform to the methods and materials authorized for treatment of wine by the Alcohol, Tobacco and Firearms Division of the Internal Revenue Service as well as the California Pure Foods Act and the Federal Food, Drug, and Cosmetic Act and the regulations adopted thereunder. In case of conflict between Federal and State laws or regulations the California law or regulation shall take precedence.


Note: Authority cited: Sections 208, 26202 and 26215, Health and Safety Code. Reference: Section 26515, Health and Safety Code.


s 17010. Provisions Applicable to Wine Produced in California.
The following provisions shall apply to wines produced in California:
(a) Sugar Use. No sugar, or material containing sugar, other than pure condensed grape must, and no water in excess of the minimum amount necessary to facilitate normal fermentation, may be used in the production or cellar treatment of any grape wine except:
(1) In the production of sparkling wine (where sugar or liquid sugar may only be used in the traditional secondary fermentation and dosage),
(2) Carbonated and special natural wine; provided, however, that sparkling and carbonated wine or the residuum thereof may be reconverted into still wine, and such wine and special natural wine or the residuum thereof may be distilled into wine spirits if the unfermented sugar has not been refermented.
(3) Natural grape wine produced outside of the State of California with the use of sugar pursuant to applicable federal regulations may be blended with grape wine produced in California pursuant to these regulations only for the purpose of producing sparkling wine and carbonated wine. The resultant blend shall not be entitled to the appellation of origin "California" or any geographical subdivision thereof.
(b) Sweetness Limitation.
(1) The Brix saccharometer test, using a saccharometer calibrated at 20 degrees C and made in the presence of the alcohol content provided herein shall be:
(A) Not less than 5.5 degrees for Angelica, Muscatel, Port and White Port.
(B) Not less than 3.5 degrees for Tokay (as a dessert wine).
(2) The reducing sugar content (per 100 milliliters at 20 degrees C and calculated as dextrose) for sherries shall be as follows:
Minimum Maximum
Dry Sherry............. 0.0 gram 2.5 grams
Sherry................. 2.5 grams 4.0 grams
Sweet, Golden, Cream or
Mellow Sherry.......... 4.0 grams

(c) Fixed Acidity. The minimum titratable fixed acidity per 100 milliliters at 20 degrees C for grape wine (except wine used solely for blending, medicinal or industrial purposes) calculated as tartaric acid, shall be as follows:
red table wine...... 0.4 gram
white table wine.... 0.3 gram
all other wine...... 0.25 gram



Note: Authority cited: Sections 208, 26202 and 26515, Health and Safety Code. Reference: Section 26515, Health and Safety Code.


s 17015. Wines Bearing the Appellation of Origin "California" or a Geographical Subdivision Thereof.
(a) A grape wine shall be entitled to the appellation of origin "California" or a geographical subdivision thereof only if:
(1) 100 percent of its volume is derived from fermented juice of fruit grown within California; except that wine spirits produced in California from residues of wines, which contain grapes grown outside of California, may be used in the production of wines bearing the appellation of origin "California" or subdivisions thereof, subject to all of the following limitations:
(A) The wine shall not derive more than 1 percent of its volume from fruit grown outside California.
(B) The non-California portion shall be derived solely from residue wine spirits.
(C) Grapes, juice, concentrate, wine or other distilling material shall not be imported into California for distilling of wine spirits for use under this Section, and
(2) It has been fully produced and finished within the State of California, and
(3) It conforms to the requirements of these regulations; provided, that no wine shall be entitled to an appellation of origin in violation of Section 25236 or Section 25237 of the California Alcoholic Beverage Control Act.


Note: Authority cited: Sections 208, 26202 and 26515, Health and Safety Code. Reference: Section 26515, Health and Safety Code.


s 17075. Labeling.
(a) Certificate. The permittee responsible for labeling shall, upon request of the Department, furnish adequate proof that a valid certificate of label approval for all labels has been obtained from the U. S. Treasury Department and that such certificate is unrevoked at the time the wine is offered for sale; provided a wine shall not be deemed to be mislabeled, if its label fails to conform to the federal requirements only in those particular respects which are specifically authorized in this Article.
(b) Service Containers. The prescribed mandatory information requirement shall not apply to containers used solely for service purposes, where such containers are filled on retail premises just before sale and for immediate use thereon.


Note: Authority cited: Sections 208, 26202 and 26515, Health and Safety Code. Reference: Section 26515, Health and Safety Code.


s 17076. Combination Wines.


s 17090. Advertising of Wine.


s 17100. Sanitation.


s 17105. Enforcement.


s 17116. Constitutionality.


s 18000. California Brandy.
(a) A grape brandy shall be entitled to the appellation "California" only if:
(1) 100% of its volume is derived at the time of distillation from grapes grown within the State of California or from California wine and
(2) It has been fully distilled within the State of California.


Note: Authority cited: Sections 208 and 26514, Health and Safety Code. Reference: Section 26514, Health and Safety Code.


s 19000. Order Promulgating Standards.


Note: Authority cited: Sections 208, 27010 and 27040, Health and Safety Code. Reference: Sections 27010 and 27040, Health and Safety Code.


s 19001. Intent of Regulations.


Note: Authority cited: Sections 208, 27010 and 27040, Health and Safety Code. Reference: Sections 27010 and 27040, Health and Safety Code.


s 19005. Definitions.
(a) "Complete food" means a nutritionally adequate pet food compounded by a specific formula to be fed as the sole ration and capable of maintaining life and/or promoting normal reproduction in healthy pets without any additional substance being consumed except water, based upon the recommendations of recognized authority in the field of animal nutrition.
(b) "Balanced food" means a pet food having all known required nutrients in a proper amount and proportion based upon the recommendations of recognized authority in the field of animal nutrition for a given set of physiological animal requirements.
(c) "Edible" as used in this article is to be construed as food fit to be eaten by dogs, cats, or other domestic animals.
(d) "Meat" means the clean, wholesome flesh derived from slaughtered mammals and is limited to that part of the striated muscle which is skeletal or that which is found in the tongue, in the diaphragm, in the heart, or in the esophagus; with or without the accompanying and overlying fat, and the portions of skin, sinew, nerve and blood vessels which normally accompany the flesh. The term "meat" when applied to the corresponding portions of mammals other than cattle, swine, sheep and goats shall be used in qualified form, for example, "horsemeat."
(e) "Meat by-products" is the non-rendered, clean, wholesome parts of the carcass of slaughtered mammals such as lungs, spleens, kidneys, brains, liver, stomach, bone, blood, and intestines free of their contents. It does not include skin, horns, teeth and hoofs. The term "meat by-products" when applied to the corresponding portions of mammals other than cattle, swine, sheep and goats shall be used in qualified form, as, for example, "horsemeat by-products."
(f) "Poultry" means the eviscerated carcass of slaughtered poultry, exclusive of the head, feet and feathers.
(g) "Poultry parts" means the clean, wholesome parts of dressed poultry characterized by large portions of bone such as necks, backs, and wings exclusive of feet, heads, viscera and feathers.
(h) "Poultry by-products" means the non-rendered, clean parts of carcasses of slaughtered poultry such as heads, feet, and viscera free from fecal content and foreign matter, except in such trace amounts as might occur unavoidably in good factory practice.
(i) "Giblet" means the edible heart, liver, and gizzard of poultry.
(j) "Fish" means the fish and/or any part of fish used as a pet food ingredient with or without removal of entrails, head, tail and fins, except as provided in paragraph (k) of this section.
(k) "Fish by-products" means the heads, fins, tail ends, bones, skin and viscera of fish.
( l "Fish meal" means the dried ground whole fish or fish cuttings, either or both, with or without extraction of part of the oil. (continued)