Title HSC — California Health & Safety Code

Hearings authorized or required by this part shall be conducted by the department or agent as the department may designate for that purpose.

Before any alleged violation of this part is reported to the Attorney General, a district attorney, or a city attorney for the institution of a criminal proceeding, the person against whom this proceeding is contemplated may be given appropriate notice and an opportunity to show …

For purposes of enforcement of this part, any authorized agent of the department may, upon presenting appropriate credentials and at a reasonable time, do any of the following: (a) Enter any factory, warehouse, or establishment in which any food, drug, device, or cosmetic is manu…

The inspection authorized by Section 110140 shall not include any of the following: (a) Financial data. (b) Sales data, other than shipment data. (c) Pricing data. (d) Personnel data, except data as to qualifications of technical and professional personnel. (e) Research data, exc…

An authorized agent of the department may secure any sample or specimen of any food, drug, device, or cosmetic. If the agent obtains any samples prior to leaving the premises, he or she shall leave a receipt describing any sample obtained.

An authorized agent of the department shall have access to all records of carriers in commerce relating to the movement in commerce of any food, drug, device, or cosmetic, or the holding of that food, drug, device, or cosmetic during or after the movement, and the quantity, shipp…

It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to copying of any record as authorized by this part, or to conceal the samples or evidence, or withhold evidence concerning them.

It is unlawful for any person to use to his or her own advantage, or to reveal to any person other than to the director, officers, employees, or authorized agents of this department, or to the courts when relevant in any judicial proceeding under this part, any information acquir…

The department may publish reports summarizing all judgments and court orders that have been rendered under this part, including the nature of the charge and the disposition of the charge.

The department may distribute information regarding any food, drug, device, or cosmetic as the department considers necessary for the protection of the health and safety of the consumer or for his or her protection from fraud.

The department may collect, report, or illustrate the results of any investigation of the department.

(a) Any person who ships to another state or country a food, drug, device, or cosmetic manufactured or produced in this state may request the department to issue an export document to reference the shipment of the food, drug, device, or cosmetic. The food, drug, device, or cosmet…

(a) Each export document issued by the department shall do all of the following: (1) Identify either or both of the following: (A) The name and place of business of the manufacturer or producer of the food, drug, device, or cosmetic. (B) The name and place of business of the dist…

(a) Each person requesting the department to issue an export document shall pay nonreturnable fees as follows: (1) A one-time fee of one hundred dollars ($100). (2) A fee for service charge at the rate of eighty dollars ($80) per hour, at a minimum of twenty-five dollars ($25) pe…

(a) The department may refuse to accept any request where the information required to be submitted by this article is incomplete. (b) The department may refuse to issue an export document, or may invalidate an export document, if it finds, or has probable cause to believe, any of…

It is unlawful for any person to knowingly supply the department with false material facts in a request for an export document or to falsely represent that the department has issued an export document.

Any person who has a valid registration, license, certificate, or permit issued by the department to manufacture or produce a food, drug, device, or cosmetic in this state may request the department to issue an official copy of the valid registration, license, certificate, or per…

(a) Each person requesting the department to issue an official copy of a valid registration, license, certificate, or permit shall pay nonreturnable fees as follows: (1) Fifteen dollars ($15) per official copy. (2) Any attendant costs incurred by the department, including, but no…

There is established an Export Document Program Fund within the General Fund. All fees collected pursuant to Sections 110210 and 110235 shall be deposited into the Export Document Program Fund and, upon appropriation, shall be expended by the department for the purpose of adminis…

All fees collected by the department pursuant to requests to conduct a voluntary medical device review shall be deposited into the Export Document Program Fund and, upon appropriation, shall be expended for the purpose of determining if the device is a new device or is substantia…

(a) The California Rx Prescription Drug Web Site Program is hereby established. (b) The State Department of Health Care Services shall administer the program. The purpose of the program shall be to provide information to California residents and health care providers about option…

(a) Contracts and change orders entered into pursuant to this article and any project or systems development notice shall be exempt from all of the following: (1) The competitive bidding requirements of State Administrative Manual Management Memo 03-10. (2) The project authority …

The department shall maintain a program of vector biology and control including, but not limited to, the following: (a) Providing consultation and assistance to local vector control agencies in developing and conducting programs for the prevention and control of vectors. (b) Surv…

The department may provide any necessary and proper assistance and support to the vector control programs of counties, cities, cities and counties, mosquito abatement and vector control districts, and pest abatement districts.

The Vectorborne Disease Account is hereby established within the State Treasury. When appropriated by the Legislature, the funds deposited in the Vectorborne Disease Account shall be available for expenditure by the department to support activities for the prevention, surveillanc…

(a) It shall be unlawful for any person to import into the state any exotic vector without written approval from the state department. (b) The state department shall issue an applicant written authority to import into the state any exotic vector upon a determination by the state …

Every person possessing a place that is infested with rodents, as soon as their presence comes to his or her knowledge, shall at once proceed and continue in good faith to endeavor to exterminate and destroy the rodents, by poisoning, trapping, and other appropriate means, and to…

The department, the board of supervisors of each county, local health officers, or inspectors appointed by any of them, as provided in this article and Chapter 3 (commencing with Section 116250), may inspect a place for the purpose of ascertaining whether it is infested with rode…

The board of supervisors of each county and the governing body of each city, whenever it may by resolution determine that it is necessary for the preservation of the public health or to prevent the spread of contagious or infectious disease, communicable to mankind, or when it de…

Whenever a person possessing a place that is infested with rodents, fails, neglects, or refuses to proceed and to continue to endeavor to exterminate and destroy the rodents and abate the conditions listed in Section 17920.3 that are causing the infestation, as required in this a…

The expense of exterminating and destroying the rodents and abating the conditions listed in Section 17920.3 that are causing the infestation is a charge against the county or city in which the work is done, and the board of supervisors or other governing body shall allow and pay…

The governing body shall record in the office of the county recorder a notice of payment, claiming a lien on the property for the amount of the payment.

All sums so paid by the county or city are a lien on the property on which the work was done, and may be recovered in an action against the property.

The action to foreclose the lien shall be brought within 90 days after the payment, and shall be prosecuted by the district or city attorney in the name of the county, or city, as the case may be, and for its benefit.

When the property is sold, enough of the proceeds shall be paid into the treasury of the county or city to satisfy the lien and the costs, and the surplus, if any, shall be paid to the owner of the property, if known, and if not known shall be paid into the court for the use of t…

If it appears from the complaint in the action that the property on which the lien is to be foreclosed is likely to be removed from the jurisdiction of the court, the court may appoint a receiver to take possession of the property and hold it while the action is pending or until …

The department shall make studies and demonstrations as may be necessary to determine the areas of the state that have a high proportion of mosquito-borne diseases, including malaria and encephalitis.

(a) The department may enter into a cooperative agreement with any local district or other public agency engaged in the work of controlling mosquitoes, gnats, flies, other insects, rodents, or other vectors and pests of public health importance, in areas and under terms, conditio…

The Legislature finds and declares that used tires imported into this country have contained mosquitos that are carriers of disease that is harmful to humans. The Legislature further finds and declares that, in order to attempt to ensure that these mosquitos are not brought into …

(a) No used tires that have been imported into the United States shall be imported into this state, for purposes of sale, resale or disposal, unless they are inspected and certified as free from mosquitos in any stage of development by the department or its designee. Nothing in t…

The department shall administer this article. In carrying out this duty, the department may delegate its authority to other departments of the state or to local governmental agencies, or cooperate with other agencies in the enforcement of this article. Notwithstanding Section 116…

The department shall charge and collect a fee for each certificate issued by the department or its designee, which shall be in an amount reasonably necessary to produce sufficient revenue to effectively implement this article. The initial fee established by the department shall n…

The department shall collect and account for all money received pursuant to this article and shall deposit it in the Vectorborne Disease Account provided for in Section 116112.

Fees collected pursuant to this article shall be subject to the annual fee increase provisions of Section 100425.

It shall be a misdemeanor to violate this article.

This article, with the exception of Section 116185, shall be inoperative upon a finding by the director that the federal government has established and is implementing a program that is at least as effective in ensuring that used tires imported into this state are free of mosquit…

(a) Each year the department shall apply for federal block grant funds from the federal Substance Abuse and Mental Health Services Administration and may expend those funds only upon appropriation of, and approval by, the Legislature pursuant to the Budget Act. (b) Whenever the f…

The department shall confer and cooperate with other state agencies whose responsibilities include alleviating the problems related to inappropriate alcohol use and other drug use in order to maximize the state’s effectiveness and limited resources in these efforts. These agencie…

The Legislature, subject to the Governor’s approval, has the sole authority under Section 12 of Article IV of the California Constitution to appropriate any funds, including federal funds, to the department pursuant to the Budget Act. Each year the Legislature shall review the Go…

It is the intent of the Legislature that the department and the counties maintain a cooperative partnership to assure effective implementation of the provisions of this division as described in Chapter 4 (commencing with Section 11795) of this part.