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HomeHealth and Safety CodeDiv. 104Pt. 3Ch. 9Art. 3§ 108890 Tableware Inspection Authority

§ 108890 Tableware Inspection Authority

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

§ 108890 Tableware Inspection Authority

This law lets government workers check places where plates, cups, and other tableware are made or sold to make sure they don't have too much lead or cadmium. If someone stops them from checking, that person is breaking the law.

Key Takeaways

  • •Government workers can enter factories, stores, or trucks to check plates and cups for lead or cadmium.
  • •They can take samples to test, but they must leave a receipt for what they took.
  • •It's against the law to stop them from doing their job or to hide anything from them.

Example

A factory makes plates and cups for restaurants.

A government worker can walk into the factory, look at the plates, take a few to test for lead, and check the factory's records. If the factory owner says no or hides the plates, they can get in trouble.

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

Official Source
View on CA.gov

§ 108890 Tableware Inspection Authority

(a)  For the purposes of enforcing this chapter, any authorized agent of the department may, upon presenting credentials showing that he or she is an authorized agent of the department and at a reasonable time, do any of the following: (1)  Enter any factory, warehouse, or establishment in which any tableware is manufactured, held, distributed, used, or sold. (2)  Enter any vehicle that is being used to transport or hold tableware. (3)  Enter any place where any tableware is suspected of being held or sold in violation of this chapter. (4)  Inspect any factory, warehouse, establishment, vehicle, or place in which any tableware is manufactured, held, transported, distributed, used, or sold, and all equipment, raw materials, finished and unfinished materials, containers, and tableware therein. The inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the tableware complies with this chapter. (5)  Secure any sample or specimen of any tableware or of any release of lead or cadmium from tableware. If the agent obtains any samples prior to leaving the premises, he or she shall leave a receipt describing any sample obtained. The department shall secure only the quantity of tableware that is reasonably necessary to conduct the tests to determine the release of lead or cadmium as determined appropriate by the department. (6)  Have access to all records of carriers in commerce relating to the movement in commerce of any tableware, or the holding for sale of the tableware, and the quantity, shipper, and consignee. (b)  It is unlawful for any person to refuse to permit entry or inspection, the taking of samples or other evidence, including photographs, or access to copying of any record as authorized by this chapter, or to conceal the samples or evidence, or withhold evidence concerning them. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

authorized agenttablewareinspectionsampleslead or cadmiumunlawful refusal

Related Statutes

  • § 108870 Tableware Manufacturer Identification
  • § 108875 Department Inspection Reporting
  • § 108880 Tableware Manufacturer Fees
  • § 108885 Local Health Enforcement Agreements
  • § 108895 Department Public Tableware Information

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 108890.
View Official Source