112685-112725

HEALTH AND SAFETY CODE
SECTION 112685-112725




112685.  There is in the state government a Cannery Inspection Board
consisting of the following six members:
   (a) The director of the state department, who shall act as
chairperson.
   (b) One person appointed by the director who shall have had at the
time of his or her appointment at least 10 years experience in or
with canning technology and has a degree in chemistry, bacteriology,
or medicine.
   (c) Four persons appointed by the director who are experienced,
have substantial investments, and are actively engaged in the canning
industry at the time of their appointment.
   One of the four appointive members shall be engaged in the canning
of animal food.



112690.  Each appointed member holds office for a term of one year
or until his or her successor is appointed.



112695.  Members of the board serve without compensation. The board
shall meet at least quarterly.



112700.  The Cannery Inspection Board shall, subject to the approval
of the department, estimate the cost of the separate inspection and
laboratory control required to be made for each food product subject
to this chapter.


112705.  The estimate shall be made prior to the opening of the
canning season for each product having a canning season of less than
three consecutive months, and prior to each quarter for each product
having a canning season of more than three consecutive months.



112710.  For the purpose of prorating the estimated cost of
inspection and laboratory control, the Cannery Inspection Board,
subject to the approval of the department, shall estimate the number
of cases to be packed, the number of tons to be packed, or the number
of man-hours necessary to be employed, whichever in its discretion
is most equitable as a basis of proration.



112715.  Based on the estimates required by the last three sections,
the Cannery Inspection Board, subject to the approval of the
department, shall determine the probable cost of inspection and
laboratory control per thousand cases, per ton, or per man-hour,
whichever in its discretion is most equitable.



112720.  The cost of laboratory control and research on products
subject to this chapter shall be prorated by the Cannery Inspection
Board in the same manner as the costs of inspection are prorated by
it.


112725.  If the delegation of discretion to determine whether the
case, ton, or man-hour basis is most equitable as a basis of
prorating the cost of inspection and laboratory control is held
invalid as an unlawful delegation of legislative power, the
invalidity shall not affect the validity of the remaining portions of
this chapter. The Legislature hereby declares that if it had known
that the delegation of the discretion would be declared invalid as an
unlawful delegation of legislative power, it would have designated
the man-hour basis of proration as the most equitable basis of
proration. In the event of an invalidity, the cost of inspection and
laboratory control shall be prorated on the man-hour basis.