Article 3 of Chapter 4, Division 21 of the California Health and Safety Code (California Sherman Food, Drug and Cosmetic Law) states it is unlawful for any person to disseminate any false advertising of food. Food service operators must understand the established laws and regulations that assure food provided for human consumption is safe, free from adulteration, sanitary, properly labeled, advertised and represented.
Truth-in-Menu
There are varied types of misrepresentation found in menus. The most common violations are misrepresentations of food qualities and grades:
- Substitution violation - food that is of lesser quality or is different than advertised (e.g., Jello brand vs. gelatin, crab vs. imitation crab, pork shoulder picnic vs. ham).
- Point of origin violation - food that is not from a geographical region as advertised (e.g., advertising Maine lobster but serving lobster from California).
- Merchandising term violation - advertised food that is not accurate or exaggerated (e.g., "made from scratch" is stated, but canned products are used).
- Freshness violation - products advertised as fresh but are previously frozen, canned, or preserved.
- Dairy violation - dairy products that do not meet defined legal specifications.
Consumer Protection
There are varied types of misrepresentation found on food packages and food display cases. The most common violations are misrepresentations of food product qualities and grades:
- Ground beef that does not meet the specification of the legal definition.
- Deceptive packaging, labeling or lighting.
- Adulteration of food (e.g., ground meat) with sulfite or other chemicals that are used illegally in food.
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Food Handler's Guide for Retail Food Facilities
Housing Inspection Bureau