California Health and Safety Code CHAPTER 1 - General Provisions and Definitions

• Section 109875.
  This part shall be known as the Sherman Food, Drug, and Cosmetic Law.(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
• Section 109880.
  Unless the context otherwise requires, the definitions set forth in this article govern the construction of this part.(Added by Stats. 1995, Ch. 415, Sec. 6....
• Section 109885.
  “Advertisement” means any representations, including, but not limited to, statements upon the products, its packages, cartons, and any other container, disseminated in any manner or...
• Section 109890.
  “Antibiotic drug” means any drug , except drugs for use in animals other than humans, composed in whole or in part of any form of...
• Section 109895.
  “Color additive” means a substance that satisfies both of the following requirements:(a)  It is a dye, pigment, or other substance made by a process of...
• Section 109900.
  “Cosmetic” means any article, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body,...
• Section 109905.
  “Counterfeit”, as used in respect to any food, drug, device, or cosmetic, means a food, drug, device, or cosmetic that bears or whose package or...
• Section 109910.
  “Department” means the State Department of Health Services.(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
• Section 109915.
  “Director” means the State Director of Health Services.(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
• Section 109920.
  “Device” means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, that...
• Section 109925.
  (a) “Drug” means any of the following:(1) An article recognized in an official compendium.(2) An article used or intended for use in the diagnosis, cure, mitigation, treatment, or...
• Section 109930.
  “Federal act” means the federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. Sec. 301 et seq.).(Added by Stats. 1995, Ch. 415, Sec. 6....
• Section 109935.
  “Food” means either of the following:(a)  Any article used or intended for use for food, drink, confection, condiment, or chewing gum by man or other...
• Section 109940.
  “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...
• Section 109945.
  “Food and drug inspector” means any authorized agent of the Bureau of Food and Drug of the department, who shall have the powers set forth...
• Section 109947.
  “Food processing facility” means any facility operated for the purposes of manufacturing, packing, or holding processed food. Food processing facility does not include a food...
• Section 109948.
  (a)  “Home medical device retail facility” is an area, place, or premises, other than a licensed pharmacy, in and from which prescription devices, home medical...
• Section 109948.1.
  (a)  “Home medical device services” means the delivery, installation, maintenance, replacement of, or instruction in the use of, home medical devices used by a sick...
• Section 109950.
  “Immediate container” does not include any package liner.(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
• Section 109951.
  “Infant formula” shall have the same definition as that term is used in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(z)). The...
• Section 109955.
  “Label” means a display of written, printed, or graphic matter upon a food, drug, device, or cosmetic or upon its immediate container.(Added by Stats. 1995,...
• Section 109960.
  “Labeling” means any label or other written, printed, or graphic matter upon a food, drug, device, or cosmetic or upon its container or wrapper, or...
• Section 109965.
  “Local health department” means the health department of a city, county, city and county, or local health district that qualifies for state assistance pursuant to...
• Section 109970.
  “Manufacture” means the preparation, compounding, propagation, processing, or fabrication of any food, drug, device, or cosmetic. The term “manufacture” includes repackaging or otherwise changing the...
• Section 109971.
  “Medical food” means any product that meets the definition of medical food in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee(b)(3)). The...
• Section 109975.
  “New device” means any of the following:(a)  Any device the composition, construction, or properties of which are such that the device is not generally recognized,...
• Section 109980.
  “New drug” means either of the following:(a)  Any drug the composition of which is such that the drug is not generally recognized, among experts qualified...
• Section 109985.
  “Official compendium” means the latest edition of the United States Pharmacopoeia, the latest edition of the Homeopathic Pharmacopoeia of the United States, or the latest...
• Section 109990.
  “Package” means any container or wrapper that may be used by a manufacturer, producer, jobber, packer, or dealer for enclosing or containing any food, drug,...
• Section 109992.
  “Pasteurized in-shell eggs” means shell eggs that have been pasteurized by any method approved by the federal Food and Drug Administration, the Department of Food...
• Section 109995.
  “Person” means any individual, firm, partnership, trust, corporation, limited liability company, company, estate, public or private institution, association, organization, group, city, county, city and county,...
• Section 110000.
  “Pesticide chemical” means any substance that alone, in chemical combination, or in formulation with one or more substances, is an “economic poison” within the meaning...
• Section 110005.
  “Potentially hazardous food” means any food capable of supporting growth of infectious or toxigenic micro-organisms when held at temperatures above 45 degrees Fahrenheit.(Amended by Stats....
• Section 110010.
  “Prescription” means an oral order given individually for the patient for whom prescribed directly from the prescriber to the furnisher or indirectly by means of...
• Section 110010.1.
  “Prescription device” means any device limited to prescription use under Section 111470.(Added by Stats. 2000, Ch. 837, Sec. 30. Effective January 1, 2001.)
• Section 110010.2.
  “Prescription drug” means any drug limited to prescription use under Section 111470.(Added by Stats. 2000, Ch. 837, Sec. 31. Effective January 1, 2001.)
• Section 110015.
  “Principal display panel” means that part of a label most likely to be displayed, presented, shown, or examined under normal and customary conditions of display...
• Section 110020.
  “Raw agricultural commodity” means any food in its raw or natural state. It includes, but is not limited to, any fruit that is washed, colored,...
• Section 110025.
  (a)  “Substantial evidence” means evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the...
• Section 110030.
  The provisions of this part regarding the selling of any food, drug, device, or cosmetic include, but are not limited to, all of the following:(a)...
• Section 110035.
  All regulations pertaining to any food, drug, device, or cosmetic adopted by the department that are in effect on the effective date of this part...
• Section 110040.
  This part shall be so construed as to not be in conflict with the Food and Agricultural Code, or with the Alcoholic Beverage Control Act,...

Last modified: October 22, 2018