Sacramento Municipal Code Ch. 8.32 Adulterated or Misbranded Food and Drugs

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Drug" includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary.

"Food" includes all articles used for food, drink, liquor, confectionery or condiment by humans or animals, whether simple, mixed or compound.

"Misbranded" applies to all articles of food, or articles which enter into the composition of food, or to all drugs and medicines, the package or label of which shall bear any statement, design or device regarding such article of food or drugs, or the ingredients or substance contained therein which shall be false or misleading in any particular, and to any food or drug produce which is falsely branded as to the city, county, town, state, territory, District of Columbia or foreign country in which it is manufactured or produced.

"Package" includes any wrapper, phial, bottle, jar, demijohn, carton, bag, case, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer for enclosing any article of food or drugs. (Prior code § 17.05.620)

The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the city, or the introduction into the city from any other town, city or county, of any article of food, liquor, drugs or medicines which is adulterated, mislabeled or misbranded within the meaning of this chapter is prohibited. Any person who shall import or receive from any other town, city or county, or who having so received shall deliver for pay or otherwise, or offer to deliver to any other person, any article of food, liquor, drugs or medicine which are adulterated, misbranded or mislabeled, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or keep for sale in the city any such adulterated, mislabeled or misbranded food, liquor, drugs or medicines, shall be guilty of a misdemeanor. (Prior code § 17.05.630)

The possession, sale or offering for sale of any adulterated, mislabeled or misbranded food, liquor or drug by any manufacturer, producer, jobber, wholesaler, packer, dealer or broker, commission merchant or agent, or employee shall be prima facie evidence of the violation of this chapter. (Prior code § 17.05.640)

No dealer shall be prosecuted under the provisions of this chapter when he or she can establish a guarantee signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he or she purchased such article to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this chapter. Such guarantee must contain the name and address of the party making the sale of such article to such dealer, and an itemized statement showing the articles purchased; or a general guarantee may be filed with the secretary of the United States Department of Agriculture by the wholesaler, manufacturer or jobber or any other party in the United States and be given a serial number, which number shall appear on each and every package of goods sold under such guarantee with the words "GUARANTEED UNDER THE FOOD AND DRUGS ACT, JUNE 30th, 1906." (Prior code § 17.05.650)

The regulations and definitions adopted for the enforcement of the Federal Food, Drug and Cosmetic Act of June 25, 198, shall be adopted by the health department for the enforcement of this chapter. (Prior code § 17.05.660)

For the purpose of carrying out the provisions of this chapter the health department shall cause to be made inspections, examinations and analyses of food and drugs suspected of being adulterated, mislabeled or misbranded. (Prior code § 17.05.670)

It is unlawful for any person to refuse to sell to the health officer or to any deputy officer any sample of food, liquor or drugs upon tender of the market price thereof, or to withhold from such officer any information as to where such food, liquor or drugs are kept. (Prior code § 17.05.680)

All food, liquors and drugs found to be adulterated, mislabeled or misbranded within the meaning of this chapter may by order of any court or judge be seized and destroyed. (Prior code § 17.05.690)

Food, liquor and drugs shall be deemed mislabeled or misbranded within the meaning of this chapter in any of the following cases:

A. If it be an imitation of or offered for sale under the distinctive name of another article of food or drug.

B. If it be labeled, or branded or colored, so as to deceive or mislead, or tend to deceive or mislead, the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package.

C. If in the case of drugs and medicines, the package as offered for sale at retail or wholesale fails to bear a statement on the label of the percent of volume of alcohol, or the quantity of any morphine, opium, cocaine, heroin, alpha or butadiene, chloroform, cannabis, indica, chloral hydrate, acetanilide or any derivative or any preparation of these substances contained therein, except when prescribed by a licensed physician, licensed dentist or licensed veterinary surgeon.

D. If in the case of food and drugs in package form, the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of such package.

E. All packages of foods must bear the name of the manufacturer, wholesaler or jobber. (Prior code § 17.05.700)