California Code, Commercial Code - COM § 2314

(1) Unless excluded or modified ( Section 2316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.  Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as

(a) Pass without objection in the trade under the contract description;  and

(b) In the case of fungible goods, are of fair average quality within the description;  and

(c) Are fit for the ordinary purposes for which such goods are used;  and

(d) Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved;  and

(e) Are adequately contained, packaged, and labeled as the agreement may require;  and

(f) Conform to the promises or affirmations of fact made on the container or label if any.

(3) Unless excluded or modified ( Section 2316 ) other implied warranties may arise from course of dealing or usage of trade.

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