CALIFORNIA. LAWS, STATUTES, 
CALIFORNIA PURE FOOD ACT DEPARTMENT OF PUBLIC HEALTH 
STATE OF CALIFORNIA 
CALIFORNIA 
PURE FOODS ACT 
1939 
ACT OF CALIFORNIA LEGISLATURE 
EFFECTIVE JANUARY 1, 1940 
THIS PAMPHLET CONTAINS THE AMENDMENTS 
MADE BY THE LEGISLATURE TO THE 
YEAR 1945, INCLUSIVE 
This Is the LATEST Official Information 
DESTROY ALL PREVIOUS ISSUES 
ISSUED BY 
STATE OF CALIFORNIA 
DEPARTMENT OF PUBLIC HEALTH 
BUREAU OF FOOD AND DRUG INSPECTIONS 
624 Phelan Building, San Francisco (2) 
703 California State Building, Los Angeles (12) 
53801 
printed in California state printing office CALIFORNIA PURE FOODS ACT 
CHAPTER 731, STATUTES 1939 
APPROVED JULY 13, 1939 
EFFECTIVE JANUARY 1, 1940 
AMENDED 
Chapter 1042 Statutes 1941 
Chapter 1047 Statutes 1941 
Chapter 838 Statutes 1943 
Chapter 1208 Statutes 1945 CALIFORNIA PURE FOODS ACT 
Chapter 731, Statutes 1939, approved July 13, 1939 
Effective January 1, 1940 
An act adding Division 21, comprising Chapter 3 and Sec- 
tions 26450 to 26624, inclusive, to the Health and Safety 
Code, relating to adulterating, mislabeling, misbranding, 
false advertising, and sale of foods and the powers of the 
State Department of Public Health in relation thereto. 
[Approved by Governor July 13, 1939. Filed with Secretary of State 
July 22, 1939.] 
The people of the State of California do enact as follows: 
Section 1. Division 21, comprising Chapter 3 and Sections 
26450 to 26624 inclusive, is hereby added to the Health and 
Safety Code, to read as follows: 
DIVISION 21. DRUGS, FOODS, AND COSMETICS 
Chapter 3. Foods 
Article 1. General Provisions 
26450. “Food” includes all articles used for food, drink, 
liquor, confectionery, condiment, or chewing gum by man or 
other animals, whether such articles are simple, mixed or com- 
pound. 
26451. “Package” includes any phial, bottle, jar, demi- 
john, carton, bag, case, can, box or barrel or any receptacle, 
vessel or container of whatsoever material or nature which may 
be used by a manufacturer, producer, jobber, packer or dealer, 
for inclosing or containing any article of food. 
26452. The term “label” means a display of written, 
printed or graphic matter upon the immediate container of 
any article, 
26453. A requirement made by or under authority of this 
chapter that any word, statement, or other information appear 
on the label shall not be considered to be complied with unless 
such word, statement, or other information also appears on the 
outside container or wrapper, if any there be, of the retail 
package of such article, or is easily legible through the outside 
container or wrapper, 
26454. The term “immediate container” does not include 
package liners. 
26455. The term “labeling” means all labels and other 
written, printed, or graphic mater (1) upon any article or 
any of its containers or wrappers, or (2) accompanying such 
article. 
“Food" 
"Package” 
"Label" 
Labeling 
requirement 
“Immediate 
container” 
“Labeling” 
2—53801 4 
Determina- 
tion of 
misleading 
labeling, etc. 
26456. If an article is alleged to be misbranded because the 
labeling is misleading, or if an advertisement is alleged to be 
false because it is misleading, then in determining whether the 
labeling or advertisement is misleading, there shall be taken 
into account (among other things) not only representations 
made or suggested by statement, word, design, emblem, sound, 
or in any combination thereof, but also the extent to which the 
labeling or advertisement fails to reveal facts material in the 
light of such representations or material with respect to conse- 
quences which may result from the use of the article to which 
the labeling or advertisement relates under the conditions of 
use prescribed in the labeling or advertisement thereof or under 
such conditions of use as are customary or usual. 
26457. The term “advertisement” means all representa- 
tions or any representation disseminated in any manner or by 
any means other than by labeling, for the purpose of inducing, 
or which are likely to induce, directly or indirectly, the pur- 
chase of food. 
(Amended by Stats, 1943, Ch. 838.) 
26458. The term “contaminated with filth” applies to any 
food not securely protected from dust, dirt, and as far as may 
be necessary by all reasonable means, from all foreign or inju- 
rious contaminations. 
26459. The provisions of this chapter regarding the selling 
of food, shall be considered to include the manufacture, produc- 
tion, processing, packing, exposure, offer, possession, and hold- 
ing of any such article for sale; the sale, dispensing, and giving 
of any such article ; and the supplying or applying of any such 
articles in the conduct of any food establishment. 
26460. The term “Federal act” means the Federal Food, 
Drug and Cosmetic Act. 
26461. The provisions of this division shall be so construed 
as to not be in conflict with the provisions of the Agricultural 
Code, or with the provisions of the Alcoholic Beverage Control 
Act and the rules and regulations adopted pursuant thereto, 
and in the event of a conflict, the provisions of the Alcoholic 
Beverage Control Act or the rules and regulations adopted 
pursuant thereto shall control. 
26462. Beer, being subject to the Alcoholic Beverage Con- 
trol Act in other respects, shall be subject only to the provisions 
of this chapter which relate to adulteration and misbranding. 
26463. The sections contained in Chapter 3 of Division 21 
of the Health and Safety Code may be known as the California 
Pure Foods Act. (Short Title.) 
(Added by Stats. 1943, Ch. 838.) 
“Advertise- 
ment” 
"Contami- 
nated with 
filth" 
Construction 
of chapter 
"Federal 
ILS.C., Title 
21, Ch. 9 
Ag. C. and 
Stats. 1935, 
p. 1123 
Beer 
When 
deemed 
adulterated 
Components 
26470. A food shall be deemed to be adulterated: 
(1) If it bears or contains any poisonous or deleterious 
substance which may render it injurious to health; but in case 
the substance is not an added substance such food shall not be 
Article 2. Adulteration 5 
considered adulterated under this clause if the quantity of 
such substance in such food does not ordinarily render it 
injurious to health; or 
(2) If it bears or contains any added poisonous or added 
deleterious substance which is unsafe within the meaning of 
Section 26471; or 
(3) If it consists in whole or in part of a diseased, con- 
taminated, filthy, putrid or decomposed substance, or if it is 
otherwise unfit for food; or 
(4) If it has been produced, prepared, packed or held under 
insanitary conditions whereby it may have become contami- 
nated with filth, or whereby it may have been rendered dis- 
eased, unwholesome or injurious to health; or 
Production 
(5) If it is the product of a diseased animal or an animal 
which has died otherwise than by slaughter, or which has 
been fed upon the uncooked offal from a slaughterhouse; or 
(6) If its container is composed, in whole or in part, of any 
poisonous or deleterious substance which may render the con- 
tents injurious to health. 
(7) If it is a canned poultry product or products contain- 
ing poultry meat which does not comply with any standards 
of freshness and purity prescribed by the board under Article 
6 of this chapter, notwithstanding a compliance with the label- 
ing requirements of Section 26494. 
Poultry 
products 
(Added by Stats. 1939, Ch. 731; amended by Stats. 1941, 
Ch. 1149.) 
26471. Any poisonous or deleterious substance added to 
any food except where such substance is required in the pro- 
duction thereof or can not be avoided by good manufacturing 
practice, shall be deemed to be unsafe for purposes of the 
application of clause (2) of Section 26470. 
Added 
substances 
If such substance is so required or can not be so avoided, 
the board shall promulgate regulations limiting the quantity 
therein or thereon to such extent as the board finds necessary 
for the protection of public health, and any quantity exceed- 
ing the limits so fixed shall also be deemed to be unsafe for 
purposes of the application of clause (2) of Section 26470. 
Tolerances 
While such a regulation is in effect limiting the quantity of 
any such substance in the case of any food, such food shall 
not, by reason of bearing or containing any added amount of 
such substance within the tolerance allowed, be considered to 
be adulterated within the meaning of clause (2) of Section 
26470. 
In determining the quantity of such added substance to be 
tolerated in or on different articles of food, the board shall 
take into account the extent to which the use of such substance 
is required or can not be avoided in the production of each 
such article, and the other ways in which the consumer may 
be affected by the same or other poisonous or deleterious sub- 
stances. 6 
Components 
omitted 
26472. A food shall be deemed to be adulterated: 
(a) (1) If any valuable constituent has been in whole or in 
part omitted or abstracted therefrom; or 
(2) If any substance has been substituted wholly or in part 
therefor; or 
(3) If damage or inferiority has been concealed in any 
manner; or 
(4) If any substance has been added thereto or mixed or 
packed therewith so as to increase its bulk or weight or reduce 
its quality or strength or make it appear better or of greater 
value than it is. 
(b) If it is confectionery and it bears or contains any alco- 
hol or nonnutritive article or substance except harmless color- 
ing, harmless flavoring, harmless resinous glaze not in excess 
of four-tenths of 1 per centum, harmless natural gum, and 
pectin. This subsection shall not apply to any confectionery 
by reason of its containing less than one-half of 1 per centum 
by volume of alcohol derived solely from the use of flavoring 
extracts, or to any chewing gum by reason of its containing 
harmless nonnutritive masticatory substances. 
(c) If it bears or contains a coal tar other than one from a 
batch which has been certified by the Federal Security Agency, 
Food and Drug Administration. 
(d) If any mineral oil has been added thereto or mixed or 
packed therewith. 
(e) If it be fresh meat and it contains any chemical sub- 
stance containing sulphites, sulphur dioxide, benzoate of soda 
or any other chemical preservative which is not approved by 
the United States Bureau of Animal Industry, or the United 
States Department of Agriculture, or the Bureau of Animal 
Industry of the California State Department of Agriculture, 
or the California State Board of Public Health. 
Meat 
(f) If it be chopped or ground beef, or hamburger con- 
taining any substance other than the striated muscle of cattle ; 
and the total fat content (determined by ether extract method 
of analysis) derived from cattle is in excess of 25 per cent. 
Other meats 
(g) Nothing in this article shall be deemed to prohibit the 
introduction into meat or the addition to meat of common salt, 
sugar, wood smoke, cider vinegar, wine vinegar, malt vinegar, 
sugar vinegar, glucose vinegar, spirit vinegar, pure spices, 
saltpeter, nitrate of soda and nitrite of soda in natural state 
or in form of brine or pickling solutions; provided, no such 
substances shall increase the green or original weight by more 
than 10 per cent of products which are not smoked or cooked 
and by not more than 1 per cent of the green or original weight 
of products which are cooked or smoked. In the case of meat 
food products such as sausage or sausage loaves, 10 per cent 
added water shall be permitted and allowed in smoked or cooked 
products of such nature, and 3 per cent in said products which 
are not cooked or smoked. 7 
(h) If it be alimentary paste and contains any artificial color 
derived from coal tar or vegetable substances. 
(Added by Stats. 1939, Ch. 731; amended by Stats. 1941, Cb. 
1042; by Stats. 1943, Ch. 838.) 
26473. Whenever the board finds after investigation that 
the distribution in the State of California of any class of food 
may, by reason of contamination with micro-organisms during 
manufacture, processing or packing thereof in any locality, be 
injurious to health, and that such injurious nature can not be 
adequately determined after such articles have entered com- 
merce, the board then, and in such case only, shall promulgate 
regulations providing for the issuance, to manufacturers, proc- 
essors or packers of such class of food in such locality, of permits 
to which shall be attached such conditions governing the manu- 
facture, processing or packing of such class of food, for such 
temporary period of time, as may be necessary to protect the 
public health. 
Special 
permits 
26474. After the effective date of such regulations, and dur- 
ing such temporary period, no person shall introduce or deliver 
for introduction into commerce any such food manufactured, 
processed, or packed by any such manufacturer, processor, or 
packer unless such manufacturer, processor or packer holds a 
permit issued by the board as provided by such regulations. 
Same 
26475. The board is authorized to suspend immediately upon 
notice any permit issued under authority of Section 26473 if 
it is found that any of the conditions of the permit have been 
violated. The holder of a permit so suspended shall be privi- 
leged at any time to apply for the reinstatement of such permit, 
and the board shall, immediately after prompt hearinsr and an 
inspection of the establishment, reinstate such permit if it is 
found that adequate measures have been taken to comply with 
and maintain the conditions of the permit, as originally issued, 
or as amended. 
Suspension 
of permits 
26476. Any officer or employee duly designated bv the board 
shall have access to any factory or establishment, the operator 
of which holds a permit from the board for the purpose of ascer- 
taining1 whether or not the conditions of the permit are being 
complied with, and denial of access for such inspection shall be 
ground for suspension of the permit. 
Inspection 
Article 3. Misbranding 
26490. A food shall be deemed to be misbranded: 
False label- 
ing, imita- 
tion, etc. 
(1) If its labeling is false or misleading in any particular 
(2) If it is offered for sale under the name of another food 
(3) If it is an imitation of another food, unless its label bears, 
in type of uniform size and prominence, the word “imitation” 
and immediately thereafter, the name of the food imitated 
(4) If its container is so made, formed or filled as to be 
misleading. 
(Amended by Stats. 1943, Ch. 838.) 8 
Contents 
of label 
26491. A food shall be deemed to be misbranded if in pack- 
age form, unless it bears a label containing (1) the name and 
place of business of the manufacture, packer, or distributor; 
and (2) an accurate statement of the quantity of the contents 
in terms of weight, measure or numerical count. 
Under clause (2) of this section reasonable variation shall 
be permitted, and exemptions as to small packages shall be 
established, by regulations prescribed by the board. 
Same: 
Display 
(Amended by Stats. 1943, Ch. 838.) 
26492. A food shall be deemed misbranded if any word, 
statement or other information required by or under authority 
of this chapter to appear on the label or labeling is not promi- 
nently placed thereon with such conspicuousness (as compared 
with other words, statements, designs or emblems, in the label- 
ing) and in such terms as to render it likely to be read and 
understood by the ordinary individual under customary condi- 
tions of purchase and use. 
(Amended by Stats. 1943, Ch. 838.) 
26493. A food shall be deemed to be misbranded if it pur- 
ports to be or is represented as a food for which a definition and 
standard of identity has been prescribed by regulations as pro- 
vided by Sections 26540 and 26541 unless (1) it conforms to such 
definition and standard, and (2) its label bears the name of the 
food specified in the definition and standard, and, insofar as 
may be required by such regulations, the common names of 
optional ingredients (other than spices, flavoring and coloring) 
present in such food. 
Standards 
identify 
Quality 
(Amended by Stats. 1943, Ch. 838.) 
26494. A food shall be deemed to be misbranded if it pur- 
ports to be or is represented as: 
(1) A food for which a standard of quality has been pre- 
scribed by regulations as provided by Sections 26540 and 
26541 and its quality falls below such standard unless its label 
bears, in such manner and form as such regulations specify, a 
statement that it falls below such standard; or 
Fill of 
container 
(2) A food for which a standard or standards of fill of con- 
tainer have been prescribed by regulation as provided by Sec- 
tions 26540 and 26541 and it falls below the standard of fill of 
container applicable thereto, unless its label bears, in such 
manner and form as such regulations specify, a statement that 
it falls below such standard. 
(Amended by Stats. 1943, Ch. 838.) 
Labels on 
certain 
foods 
26495. A food shall be deemed to be misbranded if it is not 
subject to the provisions of Section 26493, unless its label bears 
(1) the common or usual name of the food, if any there be, 
and (2) in case it is fabricated from two or more ingredients, 
the common or usual name of each such ingredient. Spices, 
flavorings, and colorings, other than those sold as such, may be 
designated as spices, flavorings, and colorings, without naming 
each. 9 
The requirements of clause (2) of this section shall not apply 
to any carbonated beverage the ingredients of which have been 
fully and correctly disclosed to the board in the manner described 
by clause (2) above in a sworn affidavit, nor shall such require- 
ments apply to beer as defined in the Alcoholic Beverage Con- 
trol Act. 
Exceptions 
To the extent that compliance with the requirements of clause 
(2) of this section is impractical or results in deception or 
unfair competition, exemption shall be established by regula- 
tions promulgated by the board. 
(Amended by Stats. 1943, Ch. 838.) 
26496. A food shall be deemed to be misbranded: 
(1) If it purports to be or is represented for special dietary- 
uses, unless its label bears such information concerning its 
vitamin, mineral, and other dietary properties as the board 
determines to be, and by regulations prescribes as, necessary in 
order fully to inform purchasers as to its value for such uses; 
Dietary 
foods 
(2) If it bears or contains any artificial flavoring, artificial 
coloring, or chemical preservative, unless it bears labeling stat- 
ing that fact. To the extent that compliance with the require- 
ments of this paragraph is impracticable, exemptions shall be 
established by regulations promulgated by the board. 
Flavor- 
ing, etc. 
The provisions of this section and Sections 26493 and 26495 
with respect to artificial coloring shall not apply in the case of 
butter, cheese, or ice cream. 
Exceptions 
(Amended by Stats. 1943, Ch. 838.) 
26500. An advertisement of a food shall be deemed to be 
false if it is false or misleading in any material particular. 
Article 4. Advertising 
False adver 
tlsement 
26501. No publisher, radio-broadcast licensee, or agency or 
medium for the dissemination of an advertisement, except the 
manufacturer, packer, distributor, or seller of the article to 
which a false advertisement relates, shall be liable under this 
chapter by reason of the dissemination by him of such false 
advertisement, unless he has refused, on the request of the 
board to furnish the board the name and post-office address of 
the manufacturer, packer, distributor, seller or advertising 
agency, residing in the State of California who causes him to 
disseminate such advertisement. 
Liability un 
der chapter 
26501.1. With respect to the advertisement of alcoholic 
beverages, in the event of a conflict between the provisions of 
this chapter and the Alcoholic Beverage Control Act, the Alco- 
holic Beverage Control Act shall control. 
rha°“® 
stats. 1935 
p 1123 
26510. The manufacture, production, preparation, com- 
pounding, packing, selling, offering for sale or keeping for sale, 
or advertising within the State of California, or the introduc- 
tion into this State from any other State, Territory, or the 
Article 5. Prohibitions 
Manufac- 
ture, etc. District of Columbia or from any foreign country, of any article 
of food which is adulterated or misbranded is prohibited. 
(Amended by Stats. 1943, Ch. 838.) 
Importation 
26511. Any person who imports or receives from any other 
State or Territory or the District of Columbia or from any 
foreign country, or who having so received delivers for pay or 
otherwise or offers to deliver to any other person, any article of 
food which is adulterated or misbranded, or any person who 
shall manufacture or produce, prepare or compound, or pack 
or sell, or offer for sale, or keep for sale, or advertise in the 
State of California any such adulterated or misbranded food, 
shall be guilty of a misdemeanor punishable as provided in 
Section 26519. 
(Amended by Stats. 1943, Ch. 838.) 
Exports 
26512. No article of food shall be deemed adulterated or 
misbranded within the provisions of this chapter when prepared 
for export beyond the jurisdiction of the United States and 
prepared or packed according to specifications or directions of 
the foreign purchaser, when no substance is used in the prepar- 
ation or packing thereof in conflict with the laws of the foreign 
country to which the article is intended to be shipped. 
If such foods are in fact sold or kept or offered for sale for 
domestic uses and consumption, then this section shall not 
exempt the article from the operation of any provisions of this 
chapter. 
(Amended by Stats. 1943, Ch. 838.) 
Alteration 
of labels 
26513. The alteration, mutilation, destruction, obliteration 
or removal of the whole or any part of the labeling of, or the 
doing of any other act with respect to a food is unlawful if 
such act results in such article being misbranded. 
Forging 
of labels 
26514. Forging, counterfeiting, simulating, or falsely repre- 
senting, or without proper authority using any mark, stamp, 
tag, label, or other identification emblem authorized or required 
by regulations promulgated under the provisions of this chap- 
ter is prohibited. 
26515. The adulteration or misbranding of any food is 
hereby prohibited. 
Adulteration 
and mis- 
branding 
False advei 
tlsements 
26516. The dissemination of any false advertisement of 
any food is hereby prohibited. 
Refilling 
26517. (a) No person shall sell, offer for sale, or keep for 
sale distilled spirits in any package which has been refilled or 
partly refilled. 
(b) No person shall refill or sell, or cause to be refilled for 
sale any distilled spirits package. 
(c) No person, who, in response to an inquiry or request for 
any brand, type, or character of alcoholic beverage, shall sell or 
offer for sale a different brand, type or character, without 
informing the purchaser of such difference. 
(Amended by Stats. 1945, Ch, 1208.) 26518. The possession, sale, or offering for sale of any 
adulterated or misbranded article of food by any maunfac- 
turer, producer, jobber, packer, or dealer in food, or broker, 
commission merchant, agent, employee, or servant of any such 
manufacturer, producer, jobber, packer, or dealer, shall be 
prima facie evidence of the violation of this chapter. 
(Amended by Stats. 1943, Ch. 838.) 
Evidence 
26519. Any person who violates any of the provisions of 
this chapter is guilty of a misdemeanor, and upon conviction 
shall be punished by a fine of not less than twenty-five dollars 
($25) or more than five hundred dollars ($500), or by impris- 
onment in the county jail for a term not exceeding six months, 
or by both such fine and imprisonment. 
Penalties 
If the violation is committed after a conviction of such per- 
son under this section has become final, such person shall be 
subject to imprisonment for not more than one year in the 
county jail, or a fine of not more than one thousand dollars 
($1,000), or both such imprisonment and fine. 
26520. No dealer shall be prosecuted under the provisions 
of this chapter if after receipt of an article he has used reason- 
able care in the use and handling thereof and he can produce a 
guarantee signed by the wholesaler, jobber, manufacturer, or 
other party located or residing in the United States from whom 
he purchased such article, to the effect that the same is not 
adulterated or misbranded within the meaning of this chapter; 
provided, however, that as to food contained in an original 
unbroken package, no retailer, who after the receipt of such 
package has used reasonable care in the use and handling 
thereof, shall be prosecuted under this chapter for a violation 
of any provision thereof in connection with any article received 
by such retailer in the regular channels of trade and as usual 
first-class merchantable stock and not as seconds, or damaged 
articles or merchandise or job lots purchased under such condi- 
tions as to put the purchaser on notice that such merchandise 
was not regular first-class merchandise. 
When 
forbidden 
Guaranty 
(Added by Stats. 1939, Ch. 731; amended by Stats. 1941, Ch. 
1042; by Stats. 1943, Ch. 838.) 
26521. Such guaranty may be either general or special and 
must be produced prior to the time of certification of facts to 
the district attorney for prosecution. 
same 
26522. A general guaranty shall guarantee without condi- 
tion or restriction all of the products or articles produced, pre- 
pared, compounded, packed, distributed, or sold by the guar- 
antor as not adulterated or misbranded within the meaning of 
this chapter. 
General 
guaranty 
(Amended by Stats. 1943, Ch. 838.) 
26523. A special guaranty shall guarantee in the same 
manner as a general guaranty the particular articles listed .in 
an invoice of the articles, and shall be attached to or shall fully 
identify such invoice. 
special 
guaranty Seller's 
re me, etc. 
26524. To afford protection all guaranties must contain the 
name and address of the party or parties making the sales of 
such articles to the person. 
Article 
covered 
26525. A guaranty shall protect a person only where the 
article covered by such guaranty remains identical, both as to 
composition and labeling, with the article as composed and 
labeled when received by the person from the guarantor. 
Guaranty 
26526. If the guaranty is to the effect that such article is 
not adulterated or misbranded within the meaning of the Fed- 
eral act it shall be sufficient for all the purposes of this chap- 
ter and have the same force and effect as though it referred to 
this chapter whether given by a person residing in the United 
States or elsewhere. 
under Fed- 
eral act 
26527. In case the wholesaler, jobber, manufacturer or 
other party making such guaranty to the person resides with- 
out this State and it appears from the certificate of the Chief 
of the Division of Laboratories that such article or articles 
were adulterated or misbranded, within the meaning of this 
chapter or the Federal act, the district attorney must forth- 
with notify the Attorney General of the United States of such 
violation. 
(Amended by Stats. 1943, Ch. 838.) 
Nonresident 
guarantor 
(Amended by Stats. 1943, Ch. 838.) 
Article 6. Administration 
Standards 
26540. Whenever in the judgment of the board such action 
will promote honesty and fair dealing in the interest of con- 
sumers, the board may promulgate regulations establishing for 
any food or class of food a reasonable definition and standard 
of identity, or reasonable standard of quality or fill of container. 
Beer 
No standard of identity or fill of container shall be estab- 
lished for beer as defined in the Alcoholic Beverage Control 
Act. No definition and standard of identity, and no standard 
of quality shall be established for fresh or dried fruits, fresh 
or dried vegetables, or butter, except that definitions and 
standards of identity may be established for avocados, canta- 
loupes, citrus fruits, and melons. In prescribing any standard 
of fill of container, the board shall give due consideration to 
the natural shrinkage in storage and in transit of fresh natural 
food and to need for the necessary packing and protective 
material. In the prescribing of any standard of quality for 
any canned fruit or canned vegetable, consideration shall be 
given and due allowance made for the differing characteristics 
of the several varieties of such fruit or vegetable. Any defini- 
tion and standard of identity prescribed by the board for 
avocados, cantaloupes, citrus fruits, or melons shall relate only 
to maturity and to the effects of freezing. 
Fruits and 
vegetables 
Pill of 
container 
Quality 
Identity 
Beer con- 
tainers 
26540.1. The board shall not prescribe requirements respect- 
ing the size or type of containers for beer as defined in the 
Alcoholic Beverage Control Act. 26540,2. The State Board of Public Health is hereby- 
empowered under this section to promulgate regulations estab- 
lishing standards of purity for wine; provided, that the board 
shall not prescribe requirements respecting the size or type of 
containers for wine. 
Wine 
standards 
26541. In prescribing a definition and standard of identity 
for any food or class of food in which optional ingredients are 
permitted, the board shall, for the purpose of promoting honesty 
and fair dealing in the interest of consumers, designate the 
optional ingredients which shall be named on the label. All 
definitions and standards promulgated pursuant to this chapter 
shall not in any instance require a higher standard than the 
standards required pursuant to the definitions currently pro- 
mulgated by the Federal Security Agency, Food and Drug 
Administration. Such definitions and standards of identity 
promulgated by the board for distilled spirits shall not be incon- 
sistent with similar standards promulgated by the United States 
Bureau of Internal Revenue, Alcohol Tax Unit, or other Fed- 
eral agency; provided, however, that the provisions of this 
section shall not apply to wine. 
(Added by Stats. 1939, Ch. 731; amended by Stats. 1941, 
Ch. 1042 and Ch. 1147; by Stats. 1943, Ch. 838.) 
26542. The authority to promulgate regulations for the 
efficient enforcement of this chapter is vested in the board. 
The board shall promulgate regulations exempting from the 
provisions of this chapter food which is in accordance with the 
normal practice of the trade introduced or offered for intro- 
duction into trade and which is being delivered to an establish- 
ment where it is to be processed, labeled or packed on condition 
that such food shall conform with the provisions of this act upon 
its removal from such processing, labeling or packing establish- 
ment. The regulations promulgated and the definitions and 
standards prescribed pursuant to this chapter shall not require 
higher standards and shall not be more restrictive than the defi- 
nitions, standards and regulations which are in force, or pro- 
mulgated by the Federal Security Agency, Food and Drug 
Administration, under the provisions of the Federal act, in the 
event that any such definitions, standards, or regulations are 
in force thereunder. The violation of a regulation promul- 
gated under this chapter shall be deemed to be a violation of 
this chapter. 
Regulations 
feeg^fions 
(Added by Stats. 1939, Ch. 731; amended by Stats. 1941, 
Ch. 1147.) 
26543. Hearings authorized or required by this chapter 
shall be conducted by the board or such officer, agent, or 
employee as the board may designate for the purpose. 
Hearings 
26544. Before promulgating any regulation, the board shall 
give appropriate notice of the proposal and of the time and 
place for a hearing. The regulation so promulgated shall 
become effective on a date fixed by the board. The effective 
date shall not be prior to 90 days after the promulgation of the 
Notlce 
Effective 
Rations regulation. Such regulation may be amended or repealed in 
the same manner as is provided for its adoption. 
In the case of a regulation amending or repealing any regu- 
lation the board, to such an extent as it deems necessary in 
order to prevent undue hardship, may disregard the foregoing 
provisions regarding notice, hearing, or effective date. 
Examina- 
tions 
26545, The board shall require examinations to be made of 
samples secured under the provisions of this chapter to deter- 
mine whether or not any provision of this chapter is being 
violated. 
Agents of 
board 
26546. The board may appoint such agents as it may deem 
necessary. 
Sheriffs 
26547. The sheriffs of the respective counties of the State 
are hereby appointed agents for the enforcement of this chapter. 
Inspection 
26548. Any agent shall have free access, at all reasonable 
hours, for the purpose of examining any place where it is sus- 
pected that any article of adulterated or misbranded food exists. 
(Amended by Stats. 1943, Ch. 838.) 
Samples 
26549. If a sale is refused upon a tender of the market price 
of the articles, the agent may take from any person samples of 
any articles suspected of being adulterated or misbranded, and 
shall deliver or forward such samples to the State laboratory 
for examination and analysis. 
(Amended by Stats. 1943, Ch. 838.) 
26550. Any person who refuses to sell to any agent of the 
board any sample of food upon tender of the market price there- 
for, or who conceals any food from such officer, or who withholds 
from the officer information respecting the place where such 
food is kept or stored is guilty of a misdemeanor punishable as 
provided in Section 26519. 
Penalty 
Powers of 
agents, etc, 
26551. The Chief of the Bureau of Food and Drug Inspec- 
tions and the agents and inspectors of the State Board of Public 
Health shall have the powers possessed by peace officers in this 
State. 
“Dump 
sheets” 
26552. Whenever the board makes a written demand upon 
any distiller, rectifier or blender of liquors of any nature what- 
soever within this State to produce a certified copy of those 
records kept by the distiller, rectifier or blender, which are com- 
monly designated or known as ‘ ‘ dump sheets ’ ’ within the mean- 
ing of the Federal Internal Revenue Act, the records shall be 
delivered to the board within a reasonable time not exceeding 
30 days. The refusal to present such certified copies or the 
falsification thereof, shall constitute a misdemeanor punishable 
as provided in Section 26519. Whenever there has been a 
demand for and refusal to deliver the records, upon petition any 
court or judge thereof having jurisdiction shall order the deliv- 
ery of the records. 
Penalty 
Inspection 
26553. The board or its duly authorized agent shall have 
free access at all reasonable hours to any factory, warehouse 
or establishment in which foods are manufactured, processed, packed or held for introduction into commerce, or to enter any 
vehicle being used to transport or hold such foods, in commerce, 
for the purpose: 
(1) Of inspecting such factory, warehouse, establishment or 
vehicle to determine if any of the provisions of this chapter are 
being violated; and 
(2) To secure samples or specimens of any food after paying 
or offering to pay for such sample. 
26554. Whenever it has satisfactory evidence of the violation 
of any of the provisions of this chapter respecting the adultera- 
tion or misbranding of foods and after the hearing provided in 
Section 26564, the board shall report such facts to the district 
attorney of the county where the law is violated. 
Report of 
violation 
26555. Nothing in this chapter shall be construed as requir- 
ing the board to report for the institution of proceedings under 
this chapter, minor violations of this chapter, whenever the 
board believes that the public interest will be adequately served 
in the circumstances by a suitable written notice of warning. 
written 
26556. The board may cause to be published from time to 
time reports summarizing all judgments, decrees and court 
orders which have been rendered under this chapter, including 
the nature of the charge and the disposition thereof. 
Reports of 
court actlon 
26557. The board may cause to be disseminated such infor- 
mation regarding food as the board deems necessary in the 
interest of public health and the protection of the consumer 
against fraud. Nothing in this section shall be construed to 
prohibit the board from collecting, reporting and illustrating 
the results of the investigations of the board. 
information 
26558. There is a State laboratory for the analysis and exam- 
ination of foods, drugs, devices and cosmetics. The laboratory 
shall be under the supervision of the board and shall be located 
at such place as the board may select. 
(Added by Stats. 1939, Ch. 731.) 
state 
liiboratory 
26559. The board shall appoint a Chief of the Bureau of 
Food and Drug Inspections who shall have such qualifications 
and perform such duties as may be required by the board. 
The board may employ and fix the compensation of other cleri- 
cal and professional assistants. 
chief. 
FooTnnd 
Actions 
26560. The director shall require the Chief of the Division 
of Laboratories to make examinations and analyses of foods 
which are on sale in California and which are suspected of being 
adulterated or misbranded. 
Analyses 
(Amended by Stats. 1943, Ch. 838; by Stats. 1945, Ch. 1208.) 
26561. Whenever evidence indicates or examination or 
analysis shows that adulterated or misbranded food has been 
on sale in this State, the Chief of the Division of Laboratories 
of the State department shall forthwith report to the director 
and shall promptly transmit a certificate of the facts so found. 
(Amended by Stats. 1943, Ch. 838; by Stats. 1945, Ch. 1208.) 
Report on Same 
26562. Whenever evidence indicates that adulterated or 
misbranded food has been on sale in this State, the Chief of the 
Bureau of Food and Drug Inspections shall forthwith report to 
the director and shall promptly transmit a certificate of the 
facts so found. 
26563. Every certificate certified to by the Chief of the Divi- 
sion of Laboratories or by the Chief of the Bureau of Food and 
Drug Inspections shall be prima facie evidence of the facts 
therein stated. 
(Amended by Stats. 1943, Ch. 838; by Stats. 1945, Ch. 1208.) 
Evidence 
Notice of 
violation 
26564. When the certificate certified to by the Chief of the 
Division of Laboratories of the State department or when the 
certificate certified to by the Chief of the Bureau of Food and 
Drug Inspections shows that any provisions of this chapter have 
been violated, notice of that fact, together with a copy of the 
certificate of the findings, shall be furnished to the party or 
parties from whom the sample was obtained, or who executed 
the guaranty, as provided in this chapter. A time at which 
the parties may be heard shall be set. 
(Amended by Stats. 1945, Ch. 1208.) 
Hearings 
26565. The hearing shall be held at such place as the board 
or the person conducting the hearing may designate. The 
hearings shall be private and confined to the consideration of 
fact. Parties interested may appear in person or by attorney 
and may propound interrogatories and submit oral or written 
evidence to show any fault or error in the findings made by the 
State laboratory. 
District 
attorney 
26566. If the examination or analysis is found to be correct, 
or if the party fails to appear at such hearing after notice duly 
given, a certificate of the facts so found shall forthwith be 
transmitted to the district attorney of the county in which the 
adulterated or misbranded food was found. 
Reports: 
Division of 
Laboratories 
26567. On or before August 1st of each year, the Chief of 
the Division of Laboratories of the State Department shall make 
an annual report to the board upon adulterated or misbranded 
foods. The report shall include the list of cases examined by 
him in which adulterants were found, the list of articles found 
to be misbranded, and the names of the manufacturers, pro- 
ducers, jobbers, and sellers. The Chief of the Bureau of Food 
and Drug Inspection shall report at the same time on all activi- 
ties of that bureau. 
(Amended by Stats. 1943, Ch. 838; by Stats. 1945, Ch. 1208.) 
Bureau of 
Food and 
Drug In- 
spections 
(Amended by Stats. 1943, Ch. 838.) 
Reports of 
board 
26568. The board may include the reports, or any parts 
thereof, in the report which the board makes to the Governor. 
26580. Whenever a duly authorized agent of the board finds, 
or has probable cause to believe, that any food is adulterated, 
or so misbranded as to be dangerous or fraudulent, he shall affix 
to such article a tag or other appropriate marking, giving notice 
that such article is, or is suspected of being, adulterated, or 
Quarantine misbranded and has been detained or quarantined, and warn- 
ing all persons not to remove or dispose of such article by sale 
or otherwise until permission for removal or disposal is given 
by such agent or the court. 
26581. Whenever the findings of the State laboratory or of 
the Chief of the Bureau of Food and Drug Inspections show 
after investigation and examination, that any food found in the 
possession of any person is adulterated or misbranded, the food 
may be seized and quarantined. 
Same 
(Amended by Stats. 1943, Ch. 838.) 
26582. The food shall not thereafter be sold, offered for sale, 
removed or otherwise disposed of until further notice in writing 
from the board, the director, or the Chief of the Bureau of Food 
and Drug Inspections. 
Prohibition 
°"0^lspos1' 
(Amended by Stats. 1945, Ch. 1208.) 
26583. The Chief of the Bureau of Food and Drug Inspec- 
tions shall report immediately to the director all actions relating 
to the seizure of food and its release. 
Reports of 
seizures 
(Amended by Stats. 1945, Ch. 1208.) 
26584. Food found to be adulterated or misbranded may, 
by order of a court or judge, or in the absence of such order, with 
the written consent of the owner thereof, be seized or destroyed. 
°fe^etion 
26585. Any superior or inferior court of this State shall have 
power to condemn food under the provisions of this article. 
(Amended by Stats. 1943, Ch. 838.) 
J“r(j®^ion 
26586. When an article is found to be adulterated or mis- 
branded, and is detained or quarantined under this article, 
the board shall petition the court in whose jurisdiction the 
article is 'detained or quarantined for a libel for condemnation 
of such article. When such agent has found that an article 
so detained or quarantined is not adulterated or misbranded, 
he shall remove the tag or other marking. 
Petition 
fe^al 
26587. If the court finds that a detained or quarantined 
article is adulterated or misbranded, after entry of the decree 
such article shall be destroyed at the expense of the claimant 
thereof, under the supervision of the agent. All court costs 
and fees, and storage and other proper expenses, shall be taxed 
against the claimant of such article or his agent. 
(Amended by Stats. 1943, Ch. 838.) 
Destruction 
(Amended by Stats. 1943, Ch. 838.) 
26588. If the adulteration or misbranding can be corrected 
by proper labeling or processing of the article, after entry of 
the decree and after costs, fees, and expenses have been paid 
and a good and sufficient bond, conditioned that such article 
shall be so labeled or processed, has been executed, the court 
may by order direct that such article be delivered to the claim- 
ant thereof for such labeling or processing under the super- 
vision of an agent of the board. The expense of such supervi- 
sion shall be paid by the claimant. 
Correction 
of artlcle 
(Amended by Stats. 1943, Ch. 838.) Bond 
26589. The bond shall be returned to the claimant of the 
article on representation to the court by the board that the 
article is no longer in violation of this chapter, and that the 
expenses of such supervision have been paid. 
Destruction 
26590. Whenever the board or any of its authorized agents 
shall find in any room, building, vehicle of transportation or 
other structure, any meat, seafood, poultry, vegetable, fruit 
or other perishable articles which are unsound, or contain any 
filthy, decomposed or putrid substance, or which may be poison- 
ous or deleterious to health or otherwise unsafe, the same being 
hereby declared to be a nuisance, the board or its authorized 
agent shall forthwith condemn or destroy the same or in any 
other manner render the same unsalable as human food. 
26600. On presentation to him of a verified complaint of 
the violation of any provisions of this chapter, the sheriff of any 
county of this State shall at once obtain by purchase a sample 
of the adulterated or misbranded food complained of, and 
divide the article into three parts. Each part shall be sealed by 
the sheriff with a seal provided for that purpose. If the pack- 
age be less than four pounds in weight or in volume less than 
two quarts, three packages of approximately the same size shall 
be purchased and the marks and tags upon each package noted 
as above. 
Sheriff’s 
duties 
(Amended by Stats. 1943, Ch. 838.) 
Same 
26601. One sample shall be delivered to the party from 
whom procured or to the party guaranteeing such merchandise, 
one sample shall be sent to the Chief of the Division of Labora- 
tories, and the third sample shall be sent to, and held under 
seal by, the board. 
Fees 
26602. For his services under this chapter the sheriff shall 
be allowed the same fees for travel allowed by law to sheriffs 
on service of criminal process, together with such compensation 
as the board of supervisors of the county may deem reasonable, 
and all amounts expended by him in procuring and transmitting 
samples. 
Payment 
of fees 
26603. The fees and amount expended shall be audited and 
allowed by the supervisors and paid by the county as other bills 
of the sheriff. 
District 
attorney 
26604. The district attorney of each county shall prosecute 
all violations of the provisions of this chapter occurring within 
the county. 
Fines 
26605. One-half of all fines collected by any court or judge 
for the violations of the provisions of this chapter shall be paid 
into the State Treasury to the credit of the General Fund. 
Article 7. Local Administration 
Local 
inspection 
and enforce- 
ment divi- 
sions 
26615. The board may organize and establish local food 
inspection and enforcement divisions with headquarters at 
such points and with jurisdiction over such territory as the 
board shall by order specify. 26616. For the purposes of this chapter, the term ‘ ‘ local 
food inspection and enforcement division” shall be construed 
to mean the local health department, headed by the duly 
appointed, qualified and acting health officer of any county, city 
or city and county, designated by order of the board to act as 
such division within the territory specified in such order. Such 
territory may include one or more counties, cities, or cities and 
counties. 
Definition 
26617. A local food protection and enforcement division 
sball make, or cause to be made, examinations and analyses of 
food which is suspected of being adulterated or misbranded and 
which is on sale within the territory where such local division 
has jurisdiction. 
Bxamina- 
tluns 
(Amended by Stats. 1943, Ch. 838.) 
26618. Within the territory over which a local division has 
jurisdiction, the health officer of any local food protection and 
enforcement division and his deputies, shall have the same 
powers as are possessed by peace officers of this State. 
Powers of 
agents, etc. 
26619. When an examination or analysis made pursuant 
to the provisions of Section 26617 shows that any provision of 
this chapter has been violated, notice of the fact, together with 
a copy of the findings thereof, shall be furnished to the party 
or parties from whom the sample was obtained, or who issued 
the guaranty, as provided in this chapter. 
Notice of 
violation 
26620. The health officer of the local food protection and 
enforcement division shall set a time for a hearing, at which 
the parties may be heard before him. At least 15 days’ notice 
of such hearing shall be served upon the parties interested. 
The hearing shall be private and confined to questions of fact. 
Appearances may be made in person or by attorney and testi- 
mony may be taken and evidence introduced as to the correct- 
ness of the findings made by the person making the examina- 
tion or performing the analysis. 
Hearings 
26621. If such examination or analysis be found correct, 
or if the party or parties fail to appear after notice duly 
given, the health officer conducting the hearing shall certify 
the facts found to the district attorney of the county in which 
the adulterated or misbranded food was found, sold, or offered 
or exposed for sale. No publication shall be made until after 
the hearing is concluded. 
district 
(Amended by Stats. 1943, Ch. 838.) 
26622. In exercising the powers conferred upon him by 
Section 26547 the sheriff of a county shall furnish samples of 
all adulterated or misbranded foods seized or purchased by 
him to the health officer of the local food inspection and 
enforcement division, if any, having jurisdiction over the terri- 
tory within which such seizure or purchase is made. In carry- 
ing out the duties imposed by Section 26600 a sheriff shall 
purchase an additional sample and forward the same to such 
health officer. 
sheriff’s 
duties 
(Amended by Stats. 1943, Ch. 838.) Construction 
of article 
26623. The provisions of this article shall not be construed 
as repealing, either directly or by implication, any of the 
existing sections of this chapter, but shall be construed as con- 
stituting an alternative method of enforcing the same. 
Rules 
26624. The board may prescribe such rules and regula- 
tions relating to the operation of the local inspection and 
enforcement divisions as it may deem necessary fully to effectu- 
ate the provisions of this article. 
Sec. 3. A decision that any provision of this act is invalid, 
or that any provision as applied in a particular situation is 
invalid, shall not affect the validity of the remainder of 
this act. 
Sec. 4. This act shall take effect January 1, 1940. 
Sec. 5. If Assembly Bill No. 1830, introduced January 24, 
1939, becomes law either prior or subsequent to the time when 
this act becomes law, Section 1 of this act shall not be con- 
strued to add Division XXI to the Health and Safety Code, but 
shall be construed to add Chapter 3, comprising Sections 26450 
to 26624, inclusive, to Division XXI of the Health and Safety 
Code. 
53801 1-46 2M