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California Law (Last Updated: March 4, 2014) |
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Health and Safety Code - HSC |
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Division 104. ENVIRONMENTAL HEALTH |
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Part 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS |
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Chapter 2. Administration |
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ARTICLE 4. Export Documents |
Section 110220.
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(a) The department may refuse to accept any request where the information required to be submitted by this article is incomplete.
(b) The department may refuse to issue an export document, or may invalidate an export document, if it finds, or has probable cause to believe, any of the following:
(1) The food, drug, device, or cosmetic, or requesting person violated any provision of this part, the Miscellaneous Food, Food Facility, and Hazardous Substances Act (Section 27), or any regulation adopted pursuant to this part or that act.
(2) Any information required to be submitted by this article is incomplete or false.
(3) The requesting person has not paid all outstanding fees required by this article.
(4) The food, drug, device, or cosmetic is not manufactured or produced in this state.
(5) The food, drug, device, or cosmetic is intended to be exported under Section 110655, 110790, 111315, 111460, 111720, or 111785.
(6) The food is a raw agricultural commodity or dairy product regulated by the Department of Food and Agriculture or a poultry or meat product regulated by the United States Department of Agriculture.
(c) If the department refuses to issue an export document, or invalidates an export document, the department shall inform the requesting person in writing of the reasons for the refusal or invalidation. The requesting person may request reconsideration by forwarding a written request to the Chief of the Division of Environmental Health of the department. The request for reconsideration must be postmarked or received by the department no later than 30 days after the date of the department's refusal or invalidation, and shall include a complete statement of all arguments and evidence that support the request for reconsideration. The Chief of the Division of Environmental Health shall notify the requesting person of his or her decision within 30 days. The decision of the Chief of the Division of Environmental Health shall be final.
(d) It is the intent of the Legislature that the department shall respond to each request for issuance of an export document within five working days of receipt of the request by the Food and Drug Branch of the department.