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Ex. DUT-CA-004 Standing duty Primary source read

Statute: Health and Safety Code section 101040, preventive measures by the local health officer during a state of emergency or local emergency

Health and Safety Code section 101040: the local health officer may take any preventive measure necessary to protect and preserve the public health from any public health hazard during a state of war emergency, state of emergency or local emergency

California Legislature (codified text published by the Legislative Counsel) · California (State)

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The record

Jurisdiction
California
Level
State
Authority
Health and Safety Code Division 101 (local health administration); sec. 101040 as amended by Stats. 2007, ch. 483, sec. 20.4 (eff. Jan. 1, 2008)
Issued
2008-01-01 Jan. 1, 2008
Effective
2008-01-01
End
standing (read as 2021-09-30)
In force
Standing since Jan. 1, 2008 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOther
Addressees
  • persons generally; owners or persons in control of premises (abatement, correction, removal); businesses within the jurisdiction
Character
statutory authority
Collection
Standing duties: California DUT-CA

Operative words

(a) The local health officer may take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any "state of war emergency," "state of emergency," or "local emergency,"... (b) "Preventive measure" means abatement, correction, removal or any other protective step that may be taken against any public health hazard

Penalty

None stated in the section. Local orders issued under it were enforced through Gov. Code section 8665 (DUT-CA-007) where issued under a local emergency, Health and Safety Code section 120275 (DUT-CA-003) where they concerned quarantine or disinfection, and county and city ordinances.

What it required

Gave every county and city health officer, for the whole of the State of Emergency proclaimed March 4, 2020 (CA-001), power to take any preventive measure, including abatement, correction and removal, against a public health hazard within the jurisdiction, the authority under which the county shelter, closure, protocol and masking orders of the metro files (and the San Francisco construction order described in Kuciemba, DUT-CA-020) were issued. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Official text as displayed Sept. 28, 2026; history note '(Amended by Stats. 2007, Ch. 483, Sec. 20.4. Effective January 1, 2008.)', so the text in force in 2020-2021 is the text shown. Section 101030 (duty of the county health officer to enforce orders of the board of supervisors, the department's orders including quarantine, and public-health statutes) was not separately saved.