112750-112795

HEALTH AND SAFETY CODE
SECTION 112750-112795




112750.  It is unlawful for any person to engage in the
noncommercial canning of salmon, or in the commercial canning of any
fish or fish product, meat or meat product, or any other food product
for the use of man or animal, the sterilization of which in the
opinion of the department requires the use of a pressure cooker or a
retort, without first obtaining a license from the department.



112755.  The department shall issue an annual license, that is
nontransferable, to any person on the receipt of fifty dollars ($50)
per plant, and evidence as the board may require to show that (1) the
applicant is properly equipped with a retort or pressure cooker that
has recording thermometers, indicating thermometers, and pressure
gauges to carry out regulations as the department may adopt for the
sterilization of food products for the canning of which a license is
sought and (2) the applicant is in compliance with the sanitary
regulations of the department. The applicant shall be deemed to be in
compliance with the sanitary regulations unless the applicant has
been given written notice by the department not less than 60 days
prior to the expiration of the existing license that the cannery does
not comply with the sanitary regulations, and the applicant has
subsequently failed to bring the cannery into compliance therewith.



112760.  Any person who has been denied the annual license provided
in this chapter may obtain a hearing by the department by mailing a
written request therefor to the department. The department shall give
the applicant at least 10 days notice of the hearing and shall hold
such hearing within 30 days of the receipt of the request.




112765.  In addition to the annual license fee, the department shall
demand from each licensee a cash deposit for the payment of his or
her pro rata share of the estimated cost of inspection and laboratory
control as the department may deem necessary.



112770.  If the deposit made by any licensee is insufficient to meet
the actual cost of an inspection and laboratory control of any
product determined by the department, the latter shall demand from
the licensee, and the licensee shall immediately pay to the
department, in addition to the license fee payable by the licensee,
the difference between the deposit and his or her pro rata share of
the actual cost of the inspection and laboratory control.



112775.  If at the end of the calendar year, or at the end of any
canning season of less than three consecutive months the deposit made
by any licensee under this chapter is greater than the actual cost
prorated to the licensee, the difference shall be refunded if
requested by the licensee in accordance with law. If the difference
is not so refunded, it shall be credited toward the required deposit
for the next calendar year or canning season.



112780.  No food product subject to the inspection required by this
chapter shall be shipped by the licensee who packed it until the
licensee has either paid his or her pro rata share of the estimated
cost of inspection or has furnished the department a cash deposit for
the payment of his or her pro rata share of the cost.




112785.  The department may after notice and opportunity for hearing
suspend or revoke a license issued under this chapter for any of the
following causes:
   (a) Nonpayment of the pro rata share of the cost of inspection and
laboratory control, or failure to comply with a demand for a cash
deposit or other security by the holder of the license.
   (b) Noncompliance with any of the regulations of the department.
   (c) Operation of an insanitary cannery after due notice by
registered mail has been received.
   (d) Inadequate ratproofing of a cannery throughout.
   (e) Willful packing of any canned food commodity that has been
rejected by an agent of the department.
   (f) Packing of any canned food commodity subject to this chapter
without notifying the department before packing.



112790.  After conviction for a violation of Part 5 (commencing with
Section 109875), the license of the person convicted may be
suspended for a period of from 1 to 30 days.



112795.  Proceedings for the suspension and revocation of licenses
shall be conducted in accordance with Chapter 5 (commencing with
Section 11500), Part 1, Division 3, Title 2 of the Government Code;
and the department has all the powers granted therein.