SECTIONS 106500 - California Statutes

HEALTH AND SAFETY CODE

SECTION 106500

106500. (a) The chief and those inspectors of the Food and Drug
Section as he or she may designate, are peace officers for the
purpose only of carrying out the duties of their employment. The
authority of the peace officer shall extend to any place in the state
as to any public offense committed, or which there is reasonable
cause to believe has been committed, within this state that is a
violation of any provision of Division 8.5 (commencing with Section
22950) of the Business and Professions Code, Part 5 (commencing with
Section 109875), or the Miscellaneous Food, Food Facility, and
Hazardous Substances Act (Section 27), or Chapter 4 (commencing with
Section 41301) of Division 16 of the Food and Agricultural Code. This
authority shall further extend to violations of any penal provision
of this code, the Business and Professions Code, or the Penal Code,
that are discovered in the course of and arise in connection with the
employment of these officers.
(b) Any inspector of the Food and Drug Section shall have the
authority, as a public officer, to arrest, without a warrant, any
person who, in his or her presence, has violated, or as to whom there
is probable cause to believe has violated, any provision of Part 5
(commencing with Section 109875) or the Miscellaneous Food, Food
Facility, and Hazardous Substances Act (Section 27), or Chapter 4
(commencing with Section 41301) of Division 16 of the Food and
Agricultural Code.
In any case in which an arrest authorized by this subdivision is
made for an offense declared to be a misdemeanor, and the person
arrested does not demand to be taken before a magistrate, the
arresting inspector may, instead of taking the person before a
magistrate, follow the procedure prescribed by Chapter 5C (commencing
with Section 853.5) of Title 3 of Part 2 of the Penal Code. That
chapter shall thereafter apply with reference to any proceeding based
upon the issuance of a citation pursuant to this authority.
(c) There shall be no civil liability on the part of and no cause
of action shall arise against any person, acting pursuant to
subdivision (b) and within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest that is
lawful or that the arresting inspector, at the time of the arrest,
had reasonable cause to believe was lawful. No inspector shall be
deemed an aggressor or lose his or her right to self-defense by the
use of reasonable force to effect the arrest or to prevent escape or
to overcome resistance.
(d) The chief and inspectors of the Food and Drug Section may
serve all processes and notices throughout the state.