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Notice of a Public Hearing for Comment on a Request for a Safe Use Determination for Fumonisin B1 in Corn Snack Food Products

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65, codified at Health and Safety Code section 25249.5 et seq.).  OEHHA has received a request from Frito-Lay Inc. for OEHHA to consider a safe use determination for the consumption of corn snack food products.  The request is made pursuant to section 12204 of Title 22 of the California Code of Regulations.  Frito-Lay asks OEHHA to determine that consumption of Frito-Lay snack food products processed from corn or made with ingredients processed from corn does not present an “exposure” to fumonisin B1 under Proposition 65 that would require a warning.  The basis for the request is that exposure to a chemical via food consumption is not an “exposure” subject to the warning requirements of the Act where it can be shown that the chemical in the food is “naturally occurring” as defined in Title 22, Cal. Code of Regs., section 12501.  This SUD request is limited to exposures to fumonisin B1 only.  Exposure to other listed substances, if any, that may be present in corn snack food products will not be reviewed by OEHHA in the context of this request.

In accordance with the process set forth in Title 22, Cal. Code of Regs. section 12204(f), a public hearing will be convened on Tuesday, March 11, 2008, in Room 12 of the Elihu M. Harris State Building, 1515 Clay Street, 2nd Floor, Oakland, California, as an opportunity for public comment on this request for a safe use determination.  The hearing will begin at 10:00 a.m. and will end when all business is conducted or 5:00 p.m.

In order to be considered, comments must be received by OEHHA by 5:00 p.m., Tuesday, March 11, 2008.  OEHHA requests that hard-copy comments be provided in triplicate, along with supporting information.  Comments and supporting documentation may be submitted to:

Office of Environmental Health Hazard Assessment
Street address: 1001 I Street, 19th floor
Sacramento, California 95814
Mailing address: P.O. Box 4010
Sacramento, California 95812-4010