Article 8 - Consumer Information

California Health and Safety Code — §§ 114087-114094.5

Sections (11)

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

(a)Food offered for human consumption shall be honestly presented in a way that does not mislead or misinform the consumer.

(b)Food or color additives, colored overwraps, lights or other misleading artificial means shall not be used to misrepresent the true appearance, color, or quality of a food.

§ 114088

Added by Stats. 2012, Ch. 415, Sec. 12. (AB 1616) Effective January 1, 2013.

A cottage food product, as defined in Section 113758, that is served by a food facility without packaging or labeling, as described in Section 114365, shall be identified to the consumer as homemade on the menu, menu board, or other location that would reasonably inform a consumer of its homemade status.

§ 114089

Amended by Stats. 2009, Ch. 571, Sec. 37. (SB 241) Effective October 11, 2009.

(a)Food prepackaged in a food facility shall bear a label that complies with the labeling requirements prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)), 21 C.F.R. 101-Food Labeling, 9 C.F.R. 317-Labeling, Marking Devices, and Containers, and 9 C.F.R. 381-Subpart N Labeling and Containers, and as specified under Sections 114039 and 114039.1.

(b)Label information shall include the following:

(1)The common name of the food, or absent a common name, an adequately descriptive identity statement.

(2)If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food.

(3)An accurate declaration of the quantity of contents.

(4)The name and place of business of the manufacturer, packer, or distributor.

(5)Except as exempted in the Federal Food, Drug, and Cosmetic Act (Section 403(Q)(3)–(5) (21 U.S.C. Sec. 343(q)(3)–(5),

incl.)), nutrition labeling as specified in 21 C.F.R. 101-Food Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling.

(c)Bulk food that is available for consumer self-service shall be prominently labeled with either of the following in plain view of the consumer:

(1)The manufacturer’s or processor’s label that was provided with the food.

(2)A card, sign, or other method of notification that includes the information specified under paragraphs (1), (2), and (5) of subdivision (b).

§ 114089.1

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

(a)Except as specified in subdivision (c) of Section 114089, every bakery product shall have a protective wrapping that shall bear a label that complies with the labeling requirements prescribed by the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)).

(b)Bakery products sold directly to a restaurant, catering service, retail bakery, or sold over the counter directly to the consumer by the manufacturer or bakery

distributor shall be exempt from the labeling provisions of this section.

(c)French style, hearth-baked, or hard-crusted loaves and rolls shall be considered properly wrapped if contained in an open-end bag that encloses the loaves or rolls.

§ 114090

Repealed and added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

(a)If required by law, consumer warnings shall be provided.

(b)Food facility’s or manufacturer’s dating information on foods may not be concealed or altered.

§ 114091

Amended by Stats. 2007, Ch. 96, Sec. 34. Effective July 20, 2007.

In a licensed health care facility and a public or private school cafeteria, the following shall apply:

(a)Only pasteurized juice may be served.

(b)Only pasteurized fluid and dry milk and milk products complying with Grade A standards as specified in law shall be served.

(c)Pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be

substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages, and, except as specified in subdivision (e), recipes in which more than one egg is broken and the eggs are combined.

(d)(1) Food shall not be reserved where the food was already served to patients or clients who are under contact precautions in medical isolation or quarantine or protective environment isolation.

(2)Food shall not be reserved to a patient or client in protective environment isolation.

(e)The following foods may not be served or offered for sale in a ready-to-eat form:

(1)Raw foods of animal origin such as raw fish, raw-marinated fish, raw

molluscan shellfish, and steak tartare.

(2)A partially cooked food of animal origin, such as lightly cooked fish, rare meat, soft-cooked eggs, that is made from raw shell eggs, and meringue.

(3)Raw seed sprouts.

(f)Subdivision (c) does not apply in any of the following instances:

(1)The raw eggs are combined immediately before cooking for one consumer’s serving at a single meal, cooked as specified under Section 114004, and served immediately, such as an omelet, soufflé, or scrambled eggs.

(2)The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread.

(3)The preparation of the food is conducted under a HACCP plan that:

(A)Identifies the food to be prepared.

(B)Prohibits contacting ready-to-eat food with bare hands.

(C)Includes specifications and practices that ensure salmonella enteritidis growth is controlled before and after cooking and is destroyed by cooking the eggs to an internal temperature of 145°F.

(D)Contains the information specified under a HACCP plan, including procedures that control cross-contamination of ready-to-eat food with raw eggs, and delineate cleaning and sanitization procedures for food-contact surfaces.

(E)Describes the training program that

ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

§ 114093

Repealed and added by Stats. 2016, Ch. 195, Sec. 13. (SB 1067) Effective January 1, 2017.

(a)Except as specified in subdivision (c) and paragraph (2) of subdivision (d) of Section 114004 and pursuant to subdivision (e) of Section 114091, if an animal food, including beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permitholder shall inform consumers of the significantly increased risk of consuming those foods by way of a disclosure pursuant to subdivision (b) and reminder pursuant to subdivision (c), using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.

(b)“Disclosure” means a written statement that clearly includes either of the following:

(1)A description of the animal-derived foods, such as “oysters on the half shell (raw oysters),” “raw-egg Caesar salad,” and “hamburgers (can be cooked to order).”

(2)Identification of the animal-derived foods marked by an asterisk denoting a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients.

(c)“Reminder” means a written statement that identifies the animal-derived foods by an asterisk that denotes a footnote that

includes either of the following disclosure statements:

(1)Written information regarding the safety of these food items is available upon request.

(2)Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.

§ 114093.1

Added by Stats. 2006, Ch. 23, Sec. 2. Effective January 1, 2007. Operative July 1, 2007, by Sec. 3 of Ch. 23.

(a)Any food facility that serves or sells over the counter directly to the consumer an unlabeled or nonprepackaged food that is a confectionery that contains alcohol in excess of one-half of 1 percent by weight shall provide written notice to the consumer of that fact.

(b)The notice shall be prominently displayed or be provided in some other manner, as determined by the department.

(c)The department shall adopt regulations to govern the notice required by this section in order to effectuate the purposes of this section.

§ 114093.5

Added by Stats. 2025, Ch. 741, Sec. 2. (SB 68) Effective January 1, 2026.

(a)Commencing July 1, 2026, a food facility that is subject to Section 343(q)(5)(H) of Title 21 of the United States Code that serves or sells food to the consumer shall provide written notification of major food allergens that the

food facility knows or reasonably should know are

contained as ingredients in each menu item. The food facility shall provide this information in either of the following manners:

(1)Directly on the food facility’s menu. If the food facility elects to provide major food allergen information directly on its menu, the menu item shall be

followed by a written statement below or immediately adjacent to the menu item indicating the major food allergens contained in the menu item.

(2)(A) In a digital format, including, but not limited to, using a quick response (QR) code that links to the food facility’s digital menu.

(B)If a food facility elects

to provide the major food allergen information in a digital format, the food facility shall also use an alternative method to provide the information to customers who are not able to access the information in the digital format. For purposes of this subparagraph, “alternative method” includes, but is not limited to, any of the following:

(i)A separate allergen-specific menu.

(ii) An allergen chart.

(iii) An allergen grid.

(iv) An

allergen booklet.

(v)Other written materials.

(b)A food facility required to provide major food allergen information pursuant to this section shall use either of the following when providing the information:

(1)Common or usual names of the major food allergens.

(2)Standardized pictograms to communicate the presence of major food allergens.

(c)An enforcement agency may utilize either of the following methods to evaluate a food facility’s compliance with this section:

(1)Visual verification of allergen disclosure. An enforcement officer may

confirm that required allergen statements are displayed on printed menus, digital menus, or the alternative methods described in subparagraph (B) of paragraph (2) of subdivision (a).

(2)Other reasonable methods of verification consistent with the intent of this section.

(d)For purposes of this section, the following definitions apply:

(1)“Major food allergen” has the same meaning as defined in Section 113820.5.

(2)“Menu” has the same meaning as “menu or menu board,” as defined in Section 101.11 of Title 21 of the Code of Federal Regulations.

(e)This section does not apply to prepackaged foods that are subject to federal labeling requirements for major food allergens pursuant to Section 343 of Title 21 of the United States Code.

(f)This section does not apply to compact mobile food operations, as defined in Section 113831, or nonpermanent food facilities, as defined in Section 113839.

(g)This section does not alter any duty that a food facility may have under existing law to

reasonably ensure the safety of its patrons.

§ 114094

Repealed and added by Stats. 2011, Ch. 415, Sec. 3. (SB 20) Effective January 1, 2012. Added section operative on date prescribed by its own provisions.

(a)A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply with the requirements of that section of the United States Code and the regulations adopted pursuant thereto.

(b)Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5

(commencing with Section 109875) of Division 104), and to the extent permitted by federal law:

(1)Enforcement of this section shall be made pursuant to Section 113713.

(2)(A) A violation of this section is, notwithstanding Section 114395, an infraction, punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the fine shall be not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.

(B)Alternatively, the enforcement agency may assess a civil penalty of an amount that is no less than or greater than the amounts specified for fines in this paragraph.

(c)Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the department or local enforcement agency, as set forth in Section 113713.

(d)This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States

Code.

§ 114094.5

Added by Stats. 2011, Ch. 681, Sec. 2. (AB 688) Effective January 1, 2012.

(a)A retail food facility shall not sell or offer for sale after the “use by” date, infant formula or baby food that is required to have this date on its packaging pursuant to the federal act, as defined in Section 109930, and federal regulations adopted pursuant to the federal act, including, but not limited to, Section 107.20 of Title 21 of the Code of Federal Regulations.

(b)Notwithstanding

Section 114395, any retail food facility that violates this section is guilty of an infraction, punishable by a fine of not more than ten dollars ($10) per day for each item sold or offered for sale after the “use by” date. The fine shall be calculated based upon the number of days past the “use by” date that the product is either found being offered for sale, or if the product is sold, the date of sale as established by evidence of the proof of purchase, including, but not limited to, a sales receipt.

(c)An enforcement agency may assess administrative penalties on a retail food facility that violates this section in the amount of ten dollars ($10) per day for each item sold or offered for sale, in addition to other penalties authorized by law.

(d)For purposes of this section, the following definitions shall apply:

(1)“Baby food” shall have the meaning given to “baby foods” in paragraph (c) of Section 407.81 of Title 40 of the Code of Federal Regulations.

(2)“Infant formula” shall have the meaning given in subdivision (z) of Section 321 of Title 21 of the United States Code.