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HomeHealth and Safety CodeDiv. 104Pt. 5Ch. 1§ 109940 Food Additive Definition

§ 109940 Food Additive Definition

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 109940 Food Additive Definition

This law explains what a 'food additive' is. It says a food additive is anything added to food on purpose, even if it's not directly put in the food. But some things, like certain pesticides or color additives, are not counted as food additives.

Key Takeaways

  • •A food additive is anything added to food on purpose, even if it's not directly mixed in.
  • •Some things, like certain pesticides or color additives, are not considered food additives.
  • •If something was approved for use in food before 1958, it might not be counted as a food additive.

Example

A company wants to use a new chemical to keep bread fresh longer.

If this chemical is added to the bread or its packaging, it is considered a food additive under this law. But if the chemical is a pesticide used on the wheat before it's made into bread, it's not counted as a food additive.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 109940 Food Additive Definition

“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. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

food additivepesticide chemicalcolor additiveFood Additives Amendment of 1958

Related Statutes

  • § 110075 Food Additive Safety Review
  • § 110285 Food Safety Compliance Guarantees
  • § 110445 Food Additive Safety Rules
  • § 109895 Color Additive Definition
  • § 110000 Pesticide Chemical Definition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 109940.
View Official Source