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Cal. Health & Safety Code § 109940

General Provisions and Definitions

Known as the Sherman Food, Drug, and Cosmetic Law

The act spans §§ 109875–111929 (490 sections).

Applied in 2 court decisions — leading case 122 F. Supp. 3d 909 - Backus v. General Mills, Inc. (2015)

Most recently applied in 122 F. Supp. 3d 909 - Backus v. General Mills, Inc. (August 2015)

Added by Stats. 1995, Ch. 415, Sec. 6

“Food additive” means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in the substance becoming a component of the food or otherwise affecting characteristics of the food. This includes any substance or radiation source intended for use in producing, manufacturing, packing, treating, packaging, transporting, or holding any food.

The term “food additive” does not include any of the following:

(a) A pesticide chemical in or on a raw agricultural commodity.

(b) A pesticide chemical that is used, or intended for use, in the production, storage, or transportation of any raw agricultural commodity.

(c) A color additive.

(d) Any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958 (72 Stat. 1784), pursuant to the federal act; the Poultry Products Inspection Act (71 Stat. 441; 21 U.S.C. Sec. 451 et seq.); the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. Sec. 71 et seq.); or the Food and Agricultural Code of this state.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.