Health and Safety Code section 109940

“Food additive” means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in the substance becoming a component of the food or otherwise affecting characteristics of the food. This includes any substance or radiation source intended for use in producing, manufacturing, packing, treating, packaging, transporting, or holding any food.
The term “food additive” does not include any of the following:

(a)

A pesticide chemical in or on a raw agricultural commodity.

(b)

A pesticide chemical that is used, or intended for use, in the production, storage, or transportation of any raw agricultural commodity.

(c)

A color additive.

(d)

Any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958 (72 Stat. 1784), pursuant to the federal act; the Poultry Products Inspection Act (71 Stat. 441; 21 U.S.C. Sec. 451 et seq.); the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. Sec. 71 et seq.); or the Food and Agricultural Code of this state.

Source: Section 109940, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=HSC§ionNum=109940.­ (accessed May 12, 2025).

Last Updated

May 12, 2025

§ 109940’s source at ca​.gov