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Proposition 65 Regulatory Update Project, Warnings For Exposures To Listed Chemicals In Foods Opportunity for Public Participation

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 27, California Code of Regulations, section 25601 to add specific options for both the method and content for warnings for exposures to listed chemicals in foods.  OEHHA is also considering the possibility of adopting regulations expressly determining the level of responsibility between retailers and manufacturers for the provision of warnings for consumer products exposures.  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 and that OEHHA clarify the relative responsibilities of product manufacturers versus retailers.   

The guidance currently provided by the existing regulations concerning the range of possible options for providing Proposition 65 warnings for exposures from foods in the retail context is 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).

On March 14, 2008, OEHHA held a public workshop at the California Environmental Protection Agency Headquarters Building in Sacramento, where suggestions were invited from the public and business communities about the options available for this regulatory project.  Among several suggestions, one recommendation was that a workgroup be created, composed of representatives from different interest groups, that would work with OEHHA to develop a proposed regulation.  A workgroup was created, and information about the monthly meetings of the group was posted on the OEHHA Web site.  After receiving input in four workgroup meetings, OEHHA has developed a draft framework for this regulation.  OEHHA is now requesting public input concerning these concepts. The draft concepts will be posted on the OEHHA Web site prior to the workshop.

On December 3, 2008 from 10 a.m. 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 regulatory concepts  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 in writing by 5:00 p.m. on December 17, 2008.  Please note that any formal regulatory proposal that is eventually proposed by OEHHA may substantially differ from this conceptual framework. Should OEHHA proceed to propose regulations on this issue, additional opportunities for public comment will be provided.   All submissions should be directed to:

Carol J. Monahan-Cummings
Chief Counsel
Office of Environmental Health Hazard Assessment
1001 I Street
Sacramento, CA 95812
Or via e-mail to cmcummings@oehha.ca.gov

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

Link to Public Comments

The comment period closed on December 17, 2008.

Friday, January 16, 2009