Chapter 6.60
IRRADIATED FOOD PRODUCTS
Sections:
6.60.030 Posting requirements.
6.60.010 PURPOSE AND INTENT.
The city council of the city 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 the city of Santa Cruz, it is necessary to require that when food or food products offered for sale in grocery stores and food markets in the city of Santa Cruz 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. 86-33 § 1 (part), 1986).
6.60.020 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 the city of Santa Cruz to determine for themselves what sort 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 treatment or processing.
(Ord. 86-33 § 1 (part), 1986).
6.60.030 POSTING REQUIREMENTS.
(1) Whole Foods. All owners, managers, or persons in charge of any retail grocery store or food market which sells or displays for the purpose of sale, any food, or food product which has been exposed to, treated with or processed with any form of gamma or ionizing 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) has been treated or processed with radiation.”
In addition, such sign shall also carry a readily visible image of the following “Irradiated Food” graphic:
(2) Processed Foods. All owners, managers, or persons in charge of any retail grocery store or food market which sells or displays for the purpose of sale, any food or food product which contains any constituent which has been exposed to, treated with, or processed with any form of gamma or ionizing radiation shall, within five days after receiving notice from the county health office or the city of Santa Cruz that such processed food contains any constituent which has been exposed to such radiation, 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) 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. 86-33 § 1 (part), 1986).
6.60.040 ENFORCEMENT.
(1) Injunction. The city, or any interested person, may seek and obtain, by action of any court of competent jurisdiction, an injunction or other mandatory order requiring compliance with the posting provisions of this ordinance with respect to any particular food(s) or food product(s). Violation of any such injunction or other court order shall be punishable as a contempt.
(2) Infraction. Except as provided in subsection (3) of this section, violation of the posting requirements of this chapter shall be an infraction.
(3) Misdemeanor. Any violation which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of one or more violations of this chapter within the six-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleadings. A bail forfeiture shall be deemed a conviction of the charge.
(Ord. 86-33 § 1 (part), 1986).
6.60.050 SEVERABILITY.
If any portion of this chapter is hereafter determined to be invalid, all remaining portions of this chapter shall remain in full force and effect and, to this extent, the provisions of this chapter are severable.
(Ord. 86-33 § 1 (part), 1986).
6.60.060 CONFLICTS.
If the provisions of this chapter conflict with the provisions of any other ordinance or any part of any other ordinance, the provisions of this chapter shall prevail.
(Ord. 86-33 § 1 (part), 1986).