SECTIONS 110245-110285 - California Statutes

HEALTH AND SAFETY CODE

SECTION 110245-110285

110245. No dealer shall be prosecuted under this part for a
violation concerning any food, drug, device, or cosmetic that is
contained in an original, unbroken, and undamaged package that bears
the original labeling if all of the following requirements are
satisfied:
(a) He or she has used reasonable care in the storage and handling
of the food, drug, device, or cosmetic.
(b) He or she received the food, drug, device, or cosmetic in the
usual channels of trade as first-class merchantable stock and not as
seconds or damaged articles or job lots purchased under conditions
that indicate that the food, drug, device, or cosmetic was not usual
first-class merchandise.
(c) He or she can produce a guarantee to the effect that the food,
drug, device, or cosmetic is not adulterated, misbranded, or falsely
advertised, within the meaning of this part, or that it is not a
food, drug, device, or cosmetic which, pursuant to this part, may not
be sold or offered for sale in this state.

110250. The guarantee shall be dated prior to the date of sale of
the food, drug, device, or cosmetic and it shall be signed by the
wholesaler, jobber, manufacturer, or other person located or residing
in this state from whom the dealer received the food, drug, device,
or cosmetic in good faith.

110255. A guarantee may be either a general guarantee or a special
guarantee and shall be produced prior to the time of reporting an
alleged violation to the Attorney General, the district attorney, or
a city attorney for prosecution.

110260. A general guarantee shall guarantee without condition or
restriction any food, drug, device, or cosmetic that is produced,
prepared, compounded, packed, distributed, or sold by the guarantor
as not adulterated, mislabeled, misbranded, falsely advertised, or
that the article is not an article under this part that may not be
sold or offered for sale.

110265. A special guarantee shall guarantee in the same manner as a
general guarantee the particular food, drug, device, or cosmetic
listed in an invoice of the food, drug, device, or cosmetic, and
shall be attached to, or shall fully identify, the invoice.

110270. All guarantees shall contain the name and address of the
guarantor making the sale of food, drug, device, or cosmetic. A
guarantee shall protect the person only when the food, drug, device,
or cosmetic covered by the guarantee remains identical, both as to
composition and labeling, with the food, drug, device, or cosmetic as
composed and labeled when originally received from the guarantor.

110275. It is unlawful for any person to give a guarantee or
undertaking that is false.

110280. If the guarantee is to the effect that the food, drug,
device, or cosmetic is not in violation within the meaning of the
federal act, it shall be sufficient for all the purposes of this
part, and shall have the same force and effect as though it referred
to this part, unless, pursuant to this part, the standard for the
food, drug, device, or cosmetic concerned is higher than the standard
for a like food, drug, device, or cosmetic under the federal act. In
that case, this part shall prevail over the federal act.

110285. In any case where the department has adopted a regulation
prescribing a tolerance, including, but not limited to, a zero
tolerance, for a poisonous or deleterious substance, food additive,
pesticide chemical, or color additive in processed foods, the
department may require manufacturers to guarantee that foods they
market in the state comply with the tolerance. The department may
require a guarantee periodically but in no case more often than once
each calendar quarter.