1. (a) Any person, per Section 12350, must report to the Department in writing, within one working day, any instance of spoilage, process deviation, or contamination with microorganisms in acidified foods or low-acid foods.

2. (b) Written reports to the Department must:

   1. (1) Identify product affected, the manufacture date, the lot code, the number of affected containers, and the Official State Process Letter for the affected product;

      1. (A) All cans containing swells to any degree, including buckling, springers, or flippers, or any containers with broken seals, popped lids, found to be leaking or broken, or that present any other evidence that indicates spoilage of product must be included in the report.
   2. (2) Include copies of records of operations showing adherence to, or deviations from, scheduled processes identified in Official State Process Letters or Operational Documents, including but not limited to records of processing and production, temperature-recording device, container closure or seal integrity examination, pH measurement, or any other records of critical factors intended to ensure a safe product;
   3. (3) Include copies of the file, or log identifying data, detailing the instance of spoilage, process deviation, or contamination with microorganisms and the corrective actions taken.
3. (c) This section does not apply to damaged or spoiled raw materials and ingredients.

Note: Authority cited: Sections 100275, 110065, 112825 and 131200, Health and Safety Code. Reference: Title 21, Code of Federal Regulations, Section 113.89.

History

1. Amendment of section heading, repealer and new section and new Note filed 12-15-2025 as an emergency; operative 1-1-2026 (Register 2025, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.

2. Amendment of section heading, repealer and new section and new Note refiled 6-25-2026 as an emergency; operative 7-1-2026 (Register 2026, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-28-2026 or emergency language will be repealed by operation of law on the following day.