The following definitions shall apply for purposes
16of this chapter:
(a) (1) “Beverage for medical use” means a beverage suitable
18for human consumption and manufactured for use as an oral
19nutritional therapy for persons who cannot absorb or metabolize
20dietary nutrients from food or beverages, or for use as an oral
21rehydration electrolyte solution for infants and children formulated
22to prevent or treat dehydration due to illness.
(2) “Beverage for medical use” includes a “medical food.”
24Consistent with Section 5(b)(3) of the Orphan Drug Act (Public
25Law 97-414; at 21 U.S.C. 360ee(b)(3)), “medical food” means a
26food that is formulated to be consumed or administered enterally
27under the supervision
of a physician and that is intended for the
28specific dietary management of a disease or condition for which
29distinctive nutritional requirements, based on recognized scientific
30principles, are established by medical evaluation.
(3) “Beverage for medical use” does not include drinks
32commonly referred to as “sports drinks,” or any other derivative
33or similar terms.
(b) “Board” means the State Board of Equalization.
(c) “Bottle” means any closed or sealed container, regardless
36of size or shape, including, without limitation, those made of glass,
37metal, paper, plastic, or any other material or combination of
(d) “Bottled sugar-sweetened beverage” means any
40sugar-sweetened beverage contained in a bottle that is ready for
P7 1consumption without
further processing, such as dilution or
(e) “Caloric sweetener” means any caloric substance suitable
4for human consumption that humans perceive as sweet, including,
5but not limited to, sucrose, fructose, glucose, fruit juice
6concentrate, or other sugars. “Caloric sweetener” excludes
7noncaloric sweeteners. For purposes of this definition, “caloric”
8means a substance that adds calories to the diet of a person who
9consumes that substance.
(f) “Consumer” means a person who purchases a
11sugar-sweetened beverage for consumption and not for sale to
(g) “Distributor” means any person, including a manufacturer
14or wholesale dealer, who receives, stores, manufactures, bottles,
15or distributes bottled sugar-sweetened beverages, syrups, or
16powders for sale to retailers doing business in the state, or any
combination of these activities, whether or not that person also
18sells those products to consumers.
(h) “Fund” means the Healthy California Fund.
(i) “Milk” means natural liquid milk, regardless of animal or
21plant source or butterfat content, natural milk concentrate, whether
22or not reconstituted, or dehydrated natural milk, whether or not
(j) “Natural fruit juice” means the original liquid resulting
25from the pressing of fruits, or the liquid resulting from the dilution
26with water of dehydrated natural fruit juice.
(k) “Natural vegetable juice” means the original liquid resulting
28from the pressing of vegetables, or the liquid resulting from the
29dilution with water of dehydrated natural vegetable juice.
(l) “Noncaloric sweetener” means any noncaloric substance
31suitable for human consumption that humans perceive as sweet,
32including, but not limited to, aspartame, acesulfame-K, neotame,
33saccharin, sucralose, and stevia. “Noncaloric sweetener” excludes
34caloric sweeteners. For purposes of this definition, “noncaloric”
35means a substance that contains fewer than five calories per
(m) “Person” means a natural person, partnership, cooperative
38association, limited liability company, corporation, personal
39representative, receiver, trustee, assignee, or other legal entity.
(n) “Place of business” means any place where sugar-sweetened
2beverages, syrups, or powders are manufactured or received for
3sale in the state.
(o) “Powder” means any solid mixture of
ingredients used in
5making, mixing, or compounding sugar-sweetened beverages by
6mixing the powder with one or more other ingredients, including,
7but not limited to, water, ice, syrup, simple syrup, fruits, vegetables,
8fruit juice, vegetable juice, or carbonation or other gas.
(p) “Retailer” means any person who sells or otherwise
10dispenses in the state a sugar-sweetened beverage to a consumer
11whether or not that person is also a distributor.
(q) “Sale” means the transfer of title or possession for valuable
13consideration, regardless of the manner by which the transfer is
(r) “State” means the State of California.
(s) (1) “Sugar-sweetened beverage” means any nonalcoholic
17beverage, carbonated or noncarbonated, that is sold for human
and contains added caloric sweetener. As used in
19this subdivision, “nonalcoholic beverage” means any beverage
20that contains less than one-half of 1 percent alcohol per volume.
(2) “Sugar-sweetened beverage” does not include any of the
(A) Bottled sugar-sweetened beverages, syrups, and powders
24sold to the United States government and American Indian tribal
(B) Bottled sugar-sweetened beverages, syrups, and powders
27sold by a distributor to another distributor that is registered
28pursuant to Section 104895.58 if the sales invoice clearly indicates
29that the sale is exempt. If the sale is to a person who is both a
30distributor and a retailer, the sale shall also be fee-exempt and
31the fee shall be paid when the purchasing distributor or retailer
32resells the product to a retailer or a consumer. This
33does not apply to any other sale to a retailer.
(C) Beverages sweetened solely with noncaloric sweeteners.
(D) Beverages consisting of 100 percent natural fruit or
36vegetable juice, with no added caloric sweetener.
(E) Beverages in which milk, or soy, rice, or similar milk
38substitute, is the primary ingredient or the first listed ingredient
39on the label of the beverage.
(F) Beverages with fewer than five grams of added sugar or
2other caloric sweeteners per 12 ounces.
(G) Coffee or tea without added caloric sweetener.
(H) Infant formula.
for medical use.
(J) Water without any caloric sweetener.
(t) “Syrup” means a liquid mixture of ingredients used in
8making, mixing, or compounding sugar-sweetened beverages using
9one or more other ingredients, including, but not limited to, water,
10ice, powder, simple syrup, fruits, vegetables, fruit juice, vegetable
11juice, carbonation, or other gas.
(u) “Water” includes nonflavored water, or water flavored with
13noncaloric “natural fruit essence” or “natural flavor.” The source
14of the water may be artesian, mineral, spring, or well. The type of
15water may also include carbonated, such as sparkling, club, or
16seltzer, and still, distilled, or purified, such as demineralized,
17deionized, or reverse osmosis.
(v) “Culturally and linguistically appropriate”
19the requirements of paragraphs (1) and (2) of subdivision (c) of
20Section 2190.1 of the Business and Professions Code.