Chapter 5.44
IRRADIATED FOOD PRODUCTS
Sections:
5.44.030 Posting requirements.
5.44.010 Purpose and intent.
The Board of Supervisors of the County of Santa Cruz finds and determines that in order to protect the public health, safety and welfare of persons residing in or purchasing food in Santa Cruz County, it is necessary to require that when food or food products offered for sale in grocery stores and food markets in Santa Cruz County have been treated with or processed with any form of gamma or ionizing radiation, that such food and food products be clearly identified to disclose such treatment or processing. [Ord. 3765 § 1, 1986].
5.44.020 Findings.
Numerous major and low-level nutrients in foods are sensitive to gamma or ionizing radiation. The irradiation of food and food products by gamma or ionizing radiation may affect the quality or nutritional value of food and food products. The treatment or processing of food and food products with various forms of radiation is a new technology, with consequences that have not yet been completely analyzed and evaluated, and about which there is substantial controversy. Food products are now available to consumers which have been treated with or processed with various forms of radiation, and it is likely that an increasing number of such food products treated with or processed with radiation will be made available in the future. In order to permit residents and food purchasers in Santa Cruz County to determine for themselves what sorts of food and food products they consume, it is necessary to require that food and food products treated with or exposed to any form of gamma or ionizing radiation be clearly identified to disclose such treatment or processing. [Ord. 3765 § 1, 1986].
5.44.030 Posting requirements.
All owners, managers or proprietors in charge of any retail grocery store or food market which is in the business of selling, or displaying for the purposes of sale, any food or food product which has been exposed to, treated with or processed with any form of gamma or ionizing radiation, or any food or food product which contains any constituent which has been exposed to, treated with or processed with such radiation, shall post a sign immediately adjacent to any such irradiated food product offered for sale. Such sign shall not be less than three inches by five inches in size, with lettering printed on a contrasting background at least three-eighths of one inch in height, and in a legible manner, stating: “This food item (specific name) or one or more of its ingredients has been treated or processed with radiation.” In addition, such sign shall also carry a readily visible image of the following irradiated food graphic:
[Ord. 3765 § 1, 1986].
5.44.040 Enforcement.
The County or any interested person may seek and obtain, by action of any court of competent jurisdiction, an injunction or other mandatory order requiring that the posting provisions of this chapter be followed with respect to any particular food or food product. Such order may be directed to any owner, manager or proprietor selling or displaying for the purposes of sale any food or food product subject to the provisions of this chapter. Violation of any such injunction or other court order shall be an infraction, as specified in SCCC 1.12.040. Notwithstanding any other provisions of this code, failure properly to post according to the requirements of this chapter shall not constitute a violation for which a criminal penalty may be imposed, unless and until such injunction or other court order has been obtained. [Ord. 3765 § 1, 1986].