Naturally-Occurring Background Levels for Chemicals in Un-Processed Foods

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Pre-Regulatory Workshop for Potential New Regulation Naturally-Occurring Background Levels for Certain Chemicals Found in Un-Processed Foods

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65.1 As part of its duties, OEHHA has authority to adopt, amend and repeal regulations related to the Act, including safe harbor levels for listed chemicals.2

OEHHA is considering adopting a regulation that would establish background levels for certain ubiquitous chemicals, such as lead that are naturally present in unprocessed foods.

As a starting point for discussion, OEHHA is providing draft regulatory language and explanatory information for a possible new regulation on its website. These are pre-regulatory documents that could change substantially prior to the commencement of a formal rulemaking. Additional opportunities for public comment will be provided during the formal rulemaking process.

The workshop will be held on October 14, 2015 from 1:00 p.m. to 4:00 p.m. in the Coastal Hearing Room at the CalEPA Headquarters building at 1001 I Street in Sacramento. Interested parties are encouraged to attend the workshop and participate in the discussion. Comments should be submitted in writing to the address noted below by 5:00 p.m. on November 12, 2015. Comments received during the public comment period will be posted on the OEHHA web site after the close of the comment period. Electronic files submitted should not have any form of encryption.

All submissions should be directed to:

Monet Vela
Regulations Coordinator
Office of Environmental Health Hazard Assessment
1001 I Street
Sacramento, CA 95812
Or via e-mail to

If you have special accommodations or language needs, please contact Monet Vela at (916) 323-2517 or

Link to Public Comments

The public comment period closed on November 12, 2015

The following comments were received:

Wednesday, November 18, 2015

Footnotes and References

1 The Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code section 25249.5, et seq., and commonly referred to as Proposition 65; hereafter referred to as “Proposition 65” or “the Act”.

2 See Health and Safety Code section 25249.12 and Title 27, Cal. Code of Regs., sections 25102(o) and 25801