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Cal. Health & Safety Code § 110725

Misbranded Food

Known as the Sherman Food, Drug, and Cosmetic Law

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

Applied in 1 court decision — leading case 912 F. Supp. 2d 889 - Jones v. Conagra Foods, Inc. (2012)

Most recently applied in 912 F. Supp. 2d 889 - Jones v. Conagra Foods, Inc. (December 2012)

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

(a) Any food fabricated from two or more ingredients is misbranded unless it bears a label clearly stating the common or usual name of each ingredient, and if the food purports to be a beverage containing vegetable or fruit juice, a statement with appropriate prominence on the information panel of the total percentage of fruit or vegetable juice contained in the food. Any spice, flavoring, or color not required to be certified under Section 110090, except any spice, flavoring, or color sold as such, may be designated as spice, flavoring, or color without naming each.

(b) Exemptions may be established by the department, when compliance with any requirement of this section is impractical or results in deception or unfair competition.

(c) In adopting any regulations relating to this section, the department shall take into consideration the current regulations established by the Secretary of Health and Human Services under authority contained in the federal act.

(d) Notwithstanding Section 110040 or any other provision of law, as used in this section, the term “food” includes, but is not limited to, meat. The term “food” does not, however, include any alcoholic beverage.

(e) This section shall not apply to any food sold for consumption on or off the premises of any restaurant in the course of its business as a restaurant, or to any milk or dairy product.

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