Proposition 65 Regulatory Update Project Warnings for Exposures to Listed Chemicals in Foods

Feb 15, 2008

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65 (The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5, et. seq., hereafter referred to as Proposition 65 or the Act). The Act requires that businesses provide “clear and reasonable” warnings for exposures to listed chemicals prior to exposure (Health and Safety Code section 25249.6). This requirement applies to exposures to listed chemicals in foods. OEHHA is investigating the possibility of amending the existing warning regulations currently located in Title 22, Cal Code of Regulations, section 12601 to add specific options for both the method and content for warnings for exposures to listed chemicals in foods. Many interested parties have requested that OEHHA provide more guidance concerning acceptable methods for providing warnings to consumers for exposures to listed chemicals in foods purchased at retail stores. The specific guidance currently provided by regulations concerning the range of possible options for providing Proposition 65 warnings for exposures from foods in the retail context are very limited. In addition, guidance may be needed concerning the content of any required warning (i.e. what additional information may be provided and in what format that would still be considered “clear and reasonable” under the Act).

As an initial step toward the development of a regulatory proposal on this subject, OEHHA is requesting input from stakeholders in the enforcement and business communities, as well as other members of the public concerning the range of options that could be included in any amendment to the safe harbor warning regulations that would specifically apply to exposures to listed chemicals in food products. Examples of such input would be ideas about on-product labels, off-product signage, centralized warnings for all affected food products in the store, in-store warning information kiosks, print media warnings or web-based information. OEHHA is also requesting stakeholder input concerning the content of warnings for exposures to listed chemicals in foods, specifically language that conveys the required warning message, without undue confusion for consumers.

On March 14, 2008 from 10 to Noon in the Sierra Hearing Room at the Cal/EPA Headquarters Building located at 1001 I Street, Sacramento, California, OEHHA will hold an informal public workshop for the purpose of discussing the issues and gathering input from interested parties concerning this potential regulatory action.

Interested parties are encouraged to attend the workshop and participate in the discussion. They may also submit their ideas on this potential regulation by 5:00 p.m. on March 28, 2008 in order for the comment to be considered at this point in the process. All submissions should be directed to:

Fran Kammerer
Staff Counsel
Office of Environmental Health Hazard Assessment
1001 I Street
Sacramento, CA 95812
Or via e-mail to fkammerer@oehha.ca.gov

Following this workshop, OEHHA will develop a regulatory proposal using input received from this workshop. An additional public workshop will then be scheduled to discuss the draft proposal prior to the initiation of any formal regulatory process on warnings for exposures to listed chemicals in foods.

If you have special accommodations or language needs, please contact Monet Vela at (916) 323-2517 or mvela@oehha.ca.gov by March 7, 2008.