aiiinoSHU. LAWS, SJA21F2IS, EfQ*;| 
Ail ACI i‘0 K305SLAEE SHE OOlffi'JCS OS 
’ ■ An Act to Regulate 
the Conduct or 
Canneries 
State of California 
Department of Public Hea Ith 
printed in California state printing office AN ACT TO REGULATE THE CONDUCT OF CANNERIES 
Chapter 428, Statutes 1925. Approved May 23, 1925 
Chapter 730 Statutes 1927 
Chapter 884 Statutes 1933 
Chapter 659 Statutes 1935 
Chapter 1117 Statutes 1939 
Chapter 1043 Statutes 1941 
Chapter 1209 Statutes 1945 
AMENDED An act to regulate the conduct of canneries, to create a Division of Can- 
nery Inspection to carry on such regulations, to provide rides regu- 
lating the proper sanitation of canneries, under the State Board of 
Health. 
AN ACT TO REGULATE THE CONDUCT OF CANNERIES 
(Approved by the Governor May 23, 1925. Amended 1927. Amended 1933, Amended 
1935. Amended 1939. Amended 1941. Amended 1945.) 
The people of the State of California do enact as follows 
Pressure Cooker Licenses Required 
Section 1. It shall be unlawful for any person, firm*, company, 
organization, association or corporation in the State of California, to 
engage in the noncommercial canning of salmon or in the commercial 
canning of any food products, fish or fish products, meat or meat prod- 
ucts, which meat or meat products are not under the inspection of the 
Division of Animal Industry of the State Department of Agriculture, 
or the Bureau of Animal Industry of the United States Department of 
Agriculture, or approved municipal inspection departments or estab- 
lishments, for the use of man or animal, the sterilization of which in the 
opinion of the California State Board of Health requires the use of a 
pressure cooker, or a retort, without first obtaining a license from the 
said State Board of Health, provided, however, that the Division of 
Cannery Inspection as hereinafter created shall have supervision over 
the inspection and examination of raw fish and fish products preparatory 
to canning, the cost of said inspection and examination to be determined 
and paid in like manner as provided in Section 4 of this act for products 
otherwise falling within its provisions. Food products which do not 
require the use of a pressure cooker but necessitate acidulation and pH 
determinations come within the provisions of this chapter. 
Fees to be Collected and Disposition Thereof 
Sec. 2. The said State Board of Public Health shall issue to any 
person, firm, company, organization, association or corporation in the 
State of California, an annual license on the receipt of fifty dollars ($50) 
per annum, per plant, and such evidence as the board may require to 
show that the said person, firm, company, organization, association or 
corporation is properly equipped with a retort or retorts or pressure 
cooker which are properly equipped with recording thermometers, indi- 
cating thermometers and pressure gauges to carry out such rules and 
regulations as the State Department of Public Health may adopt for 
the sterilization of such food products, fish or fish products, meat or meat 
products, which meat or meat products are not under the inspection of 
the Division of Animal Industry of the State Department of Agriculture, 
or the Meat Inspection Division, Livestock and Meat Branc'h of the 
Office of Marketing Services, War Food Administration, or approved 
municipal inspection departments or establishments. All moneys re- 
ceived by the State Board of Public Health for fees shall be deposited at 4 
least once each month in the State treasury to the credit of the Cannery 
Inspection Fund, which fund is hereby created to be used, exclusively 
for the payment of the expenses of enforcing the provisions of this act, 
and to be paid out only upon claims approved by the State Board of 
Public Health and the State Board of Control in the manner provided 
for by law. One thousand dollars ($1,000) of the Cannery Inspection 
Fund may be used as a revolving fund for the purpose of carrying out the 
provisions of this act. 
No person, firm, company, organization, association or corporation 
in the State of California shall permit any person, employee, or indi- 
vidual to operate a steam controlled retort or retorts used in the com- 
mercial canning industry for the sterilization of food products, fish or 
fish products, meat or meat products, which meat or meat products are 
not under the inspection of the Division of Animal Industry of the State 
Department of Agriculture, or the Meat Inspection Division, Livestock 
and Meat Branch of the Office of Marketing Services, War Food Admin- 
istration, or approved municipal inspection departments or establish* 
ments, unless said person, employee or individual shall first obtain a 
permit from the State Board of Public Health which shall have power to 
pass upon and determine the qualifications of the applicant for the permit 
with a view to the preservation of the public health, and which permit 
when granted shall be revocable by the board whenever in its judgment 
the public health requires such action. 
Noncommercial Canning Centers 
Sec. 2-A. The operation of noncommercial canning centers by 
community canning centers, schools, churches, housewives, or other 
organizations packing hermetically sealed canned food products for their 
own consumption and where the canned food is not to be sold for profit, 
is exempt from the licensing provisions of this chapter and in lieu thereof 
a permit to operate such canning centers shall be issued, without cost, by 
said State Board of Public Health upon the submission of such evidence 
as the board requires to show that the said persons operating said can- 
ning centers are qualified and that said canning centers are properly 
equipped and meet all other provisions of this chapter. 
Inspectors and Other Employees 
Sec. 3. The California State Board of Public Health is hereby 
empowered to make such rules and regulations which it may within its 
discretion deem necessary for the proper enforcement of the provisions 
of this act. Such rules and regulations shall have the force and effect 
of law; provided, however, that such rules and regulations and any 
amendment thereto shall be submitted to the Cannery Inspection Board 
at least five days prior to the adoption thereof by the State Board of 
Public Health. For the purpose of enforcing the rules and regulations 
of the State Board of Public Health and the provisions of the Pure Foods 
Act relating to the canning of such food products, fish or fish products, 
meat or meat products, which meat or meat products are not under the 
inspection of the Division of Animal Industry of the State Department 
of Agriculture, or the Bureau of Animal Industry of the United States 
Department of Agriculture, or approved municipal inspection depart- 
ments or establishments, the State Board of Public Health shall appoint 
a Chief of Bureau of Cannery Inspections, and such additional inspectors and clerical assistants as it may deem necessary for the enforcement of 
its rules and regulations. It shall be the duty of the Board of Public 
Health so far as practicable to acquaint each licensee under the pro- 
visions of this title with the rules and regulations of such board, and upon 
request therefor by any such licensee the board shall furnish a copy of 
such rules and regulations. 
Cannery Inspection Board. Cost of Inspection. 
Sec. 4. There is hereby created the Cannery Inspection Board, to 
consist of six members. The six members shall be : The Director of the 
State Department of Health, who shall act as chairman, the Director of 
the Hooper Foundation for Medical Research, University of California, 
and four men experienced in, and with substantial investments in, and 
actively engaged in the canning industry at the time of their appoint- 
ment, to be appointed by the State Board of Public Health. One of the 
said four appointive members shall be engaged in the canning of animal 
ffiod. The said four appointed members shall hold office for a term of 
one year or until their successors are appointed. Members of said board 
shall serve without compensation. It shall be the duty of said board, 
subject to the approval of the State Board of Public Health, to: 
(a) Estimate the cost of the separate inspections and laboratory 
control required to be made for each product, subject to the provisions 
of this act, prior to the opening of the canning season of each such 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; 
(b) Estimate, for the purpose of prorating such estimated cost of 
inspection and laboratory control the number of cases to be packed or 
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; 
. (e) Determine, based on estimates (a) and (b), the probable cost 
of such inspection and laboratory control per thousand cases, or per ton, 
or per man hour, whichever in its discretion is most equitable; 
(d) The cost of laboratory control and research on products subject 
to the provisions of this act shall be prorated by the Cannery Inspection 
Board in the same manner as the costs of inspection are prorated by it. 
Pack to be Quarantined 
Sec. 4-A. Any product packed in violation of this act may be quar- 
antined by the State Board of Health until laboratory examinations have 
established that said product meets the requirements of this act. It shall 
be the duty of the person, firm, company, organization, association or 
corporation who packed any such product to pay to the State Board of 
Health all reasonable costs of said laboratory examinations, determined 
by the Cannery Inspection Board, subject to the approval of the State 
Board of Health, to be necessary to determine that such seized product 
is packed in violation of this act. 
Cash Deposit Necessary 
Sec. 5. In addition to the license fee required in section 2 of this 
act, the State Board of Public Health shall demand from each licensee 
hereunder a cash deposit, or such other security for the payment of said 6 
pro rata share of the estimated cost as the said board may deem necessary. 
All moneys received by the State Board of Public Health under this sec- 
tion shall be deposited by it at least once each month in the State treas- 
ury to the credit of the cannery inspection fund. No food product 
subject to the inspection or examination provided in this act shall be 
shipped by the licensee packing the same until said licensee shall have 
paid its prorata share of the estimated cost of inspection of said product 
or shall have furnished to the State Board of Public Health a cash deposit 
or other security satisfactory to the State Board of Public Health for the 
payment of its prorata share of the cost of inspection. 
Basis of Pro-rating Cost 
Sec. 5-A. If the delegation of discretion to determine whether the 
case, ton, or man hour basis be most equitable as a basis of prorating the 
cost of inspection and laboratory control hereunder be held to be invalid 
as an unlawful delegation of legislative power, such invalidity shall 
not affect the validity of the remaining portions of this act. The Legis- 
lature hereby declares that if it had known that the delegation of such 
discretion would be declared invalid as an unlawful delegation of legis- 
lative power, it would have designated the man hour basis of proration 
as the most equitable basis of proration. In the event of such invalidity, 
the cost of inspection and laboratory control hereunder shall be prorated 
on the man hour basis. 
Estimate Cost of Inspections 
Sec. 6. In making any of the separate inspections and laboratory 
control required to be made for each product, the State Board of Public 
Health shall not spend more than the amount estimated under Section 4 
of this act as the cost of said inspection by the Cannery Inspection Board 
without the approval of said Cannery Inspection Board. At the end of 
each quarter or at the close of the canning season, where said canning 
season does not exceed three consecutive months, the State Board of 
Public Health shall determine the actual cost of inspection and labora- 
tory control of each separate product for the preceding quarter or pre- 
ceding canning season, and shall prorate such cost to each licensee on the 
basis of cases packed or tons packed, or number of man hours necessary 
to be employed, whichever has been determined by the Cannery Inspec- 
tion Board, with the approval of the State Board of Public Health, to be 
most equitable under the provisions of Section 4 of this act. 
Stand-by Services of Inspectors 
Sec. 6-A. In making estimates, determinations, assessments, and 
prorations under Sections 4 and 6 of this act, the Cannery Inspection 
Board and the State Board of Public Health may include as a part of the 
cost of inspection a reasonable charge for stand-by services of inspectors. 
Actual Cost of Inspection 
Sec. 7. If the deposit as provided in Section 5 of this act, made by 
any licensee hereunder, be insufficient to meet the actual cost determined 
by the State Board of Public Health, as provided in Section 6 of this act, 
then in addition to the license fee required in Section 2 of this act, the 
State Board of Public Health shall demand from such licensee, and such 
licensee shall immediately pay to the State Board of Public Health, the difference between such deposit and his pro rata of the actual cost of 
inspection and laboratory control. 
Refund of Deposit 
Sec. 8. If at the end of the calendar year, or at the end of any 
canning season where the season is less than three consecutive months, 
the deposit made by any licensee hereunder, as provided in section 5 of 
this act, is greater than the actual cost prorated to any licensee under the 
provisions of section 6 of this act, then the difference shall be refunded 
to such licensee in accordance with the provisions of the Political Code 
Section 453a. 
Revocation of License 
Sec. 9. The State Board of Public Health may after notice and 
opportunity for hearing for the following cause or causes suspend or 
revoke a license issued under this act: 
(a) The nonpayment of said pro rata share of the cost, or failure to 
comply with a demand for a cash deposit or other security by the holder 
of such license. 
(b) The noncompliance with any of the regulations of the State 
Board of Public Health. 
(c) After conviction for violation of the California Pure Foods Act 
(Health and Safety Code) the license may be suspended for a period of 
from one to 30 days. 
(d) The operation of an insanitary cannery after due notice by 
registered mail has been received. 
(e) Inadequate rat-proofing of a cannery throughout. 
(f) Wilful packing of any canned food commodity which has been 
rejected by a duly authorized agent of the State Department of Public 
Health. 
(g) The packing of any canned food commodity under the super- 
vision of this act without notifying the State Department of Public 
Health before packing same. 
The proceedings shall be conducted in accordance with Chapter 5, 
of Part 1, of Division 3, of Title 2 of the Government Code; and the 
board shall have all the powers granted therein. 
Statements on Containers 
Sec. 10. It shall be unlawful for any person, firm, company, organ- 
ization or association or corporation to place upon the label of any bottle, 
can, jar, carton, case, box or barrel, or any receptacle, vessel or container 
of whatever material or nature which may be used by a packer, manu- 
facturer, producer, jobber or dealer for inclosing any such canned food 
products, fish or fish products, meat or meat products, which meat or 
meat products are not under the inspection of the Division of Animal 
Industry of the State Department of Agriculture, or the Bureau of Ani- 
mal Industry of the United States Department of Agriculture, or 
approved municipal inspection departments or establishments, any 
statement relative to the product having been inspected, unless such 
statement has been approved, officially in writing, by the State Board of 
Health. Said approval shall be revocable at any time at the discretion 
of the State Board of Health upon official written notice. 8 
Penalty 
Sec. 11. Any person, firm, company, organization, association or 
corporation, which does not obtain a license for the conduct of its plant 
or plants under the provisions of this act, or who operates after its license 
has been suspended or revoked, or which violates any provision of this 
act, shall be guilty of a misdemeanor, and upon conviction shall be pun- 
ished by a fine of not less than twenty five (25) dollars, or more than five 
hundred (500) dollars, or shall be imprisoned in the county jail for a 
term not exceeding six months. 
Prosecutions 
Sec. 12. It shall be the duty of the district attorney of the county, 
or city and county, in which any violation of this act may occur, to prose- 
cute every person, firm, company, organization or corporation accused of 
such violation. 
Effect of Act 
Sec. 13. No act which is made unlawful by any provision of an act 
of the Legislature of the State of California, entitled “An act adding 
Division 21, comprising Chapter 3 and Sections 26450 to 26624, inclusive, 
to the Health and Safety Code, relating to adulterating, mislabeling, mis- 
branding, false advertising, and sale of foods and the powers of the State 
Department of Public Health in relation thereto,” or any amendment 
thereto, shall be deemed lawful by reason of any provision of this act. 
C onstitutionality 
Sec. 14. If any section, subsection, sentence, clause or phrase of 
this act is for any reason held to be unconstitutional, such decision shall 
not affect the validity of the remaining portions of this act. The Legis- 
lature hereby declares that it would have passed this act, and each sec- 
tion, subsection, sentence, clause, and phrase thereof, irrespective of the 
fact that any one or more other sections, subsections,' sentences, clauses 
or phrases be declared unconstitutional. 
49614 10-45 2M