Section 10826 - Temporary Permits for Intrastate Shipment of Experimental Packs of Food Varying from the Requirements of Definitions and Standards of Identity [Repealed](a) To obtain a temporary permit for intrastate shipment of experimental packs of food varying from the requirements of definitions and standards of identity, a person shall file with the Department a written application in triplicate containing the following: (1) Name and address of the applicant.(2) A statement of whether or not the applicant is regularly engaged in producing the food involved.(3) A reference to the applicable definition and standard of identity (citing applicable section of regulations).(4) A full description of the proposed variation from the standard.(5) The basis upon which the food so varying is believed to be wholesome and nondeleterious.(6) The amount of any new ingredient to be added; the amount of any ingredient, required by the standard, to be eliminated; any change of concentration not contemplated by the standard; or any change in name that would more appropriately describe the new product under test. If such new ingredient is not a commonly known food ingredient, a description of its properties and basis for concluding that it is not a deleterious substance.(7) The purpose of effecting the variation.(8) A statement of how the variation is of potential advantage to consumers.(9) The labeling proposed to be used for the food so varying.(10) The period during which the applicant desires to introduce such foods into intrastate commerce, with a statement of the reasons supporting the need for such period.(11) The probable amount of such food that will be distributed.(12) The areas of distribution.(13) The address at which such food will be manufactured.(b) The applicant for a permit described in (a) shall provide the Department, upon request, with samples of the food varying from the standard and any additional information deemed necessary by the Department.(c) If the Department concludes that the variation may be advantageous to consumers and will not result in failure of the food to conform to any provision of the act except Section 26556, a permit shall be issued to the applicant for intrastate shipment of such food. The terms and conditions of the permit shall be those set forth in the application with such modifications, restrictions, or qualifications as the Department may deem necessary and state in the permit.(d) The terms and conditions of the permit may be modified at the discretion of the Department or upon application of the permittee during the effective period of the permit.(e) The Department may revoke a permit for cause, which shall include but not be limited to the following: (1) That the permittee has introduced a food into intrastate commerce contrary to the terms and conditions of the permit.(2) That the application for a permit contains an untrue statement of a material fact.(3) That the need therefor no longer exists.(f) During the period within which any permit is effective, it shall be deemed to be included within the terms of any guaranty or undertaking otherwise effective pursuant to the provisions of Section 26300 of the act.(g) If an application is made for an extension of the permit, it shall be accompanied by a description of experiments conducted under the permit, tentative conclusions reached, and reasons why further experimental shipments are considered necessary.Cal. Code Regs. Tit. 17, § 10826
1. New section filed 8-17-56; effective thirtieth day thereafter (Register 56, No. 16).
2. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39). Note: Authority cited: Sections 208 and 26202, Health and Safety Code. Reference: Section 26513, Health and Safety Code.
1. New section filed 8-17-56; effective thirtieth day thereafter (Register 56, No. 16).
2. Amendment filed 9-24-85; effective thirtieth day thereafter (Register 85, No. 39).