Proposition 65 Regulatory Update Project Warnings for Exposures to Listed Chemicals in Foods Opportunity for Public Participation Notice of Public Workshop on September 25, 2009
The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65. Proposition 65 requires that businesses provide “clear and reasonable” warnings for certain exposures to listed chemicals prior to exposure. This requirement applies to exposures to listed chemicals in foods.
OEHHA has been working with a stakeholder workgroup to develop possible amendments to the existing “safe harbor” warning regulations in Title 27, California Code of Regulations, section 25601 that would add specific options for both the method and content for warnings for exposures to listed chemicals in foods sold at the retail level.
These amendments include provisions that will determine the level of responsibility between food retailers and manufacturers for the provision of warnings for food products exposure. 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 including the relative responsibilities of product manufacturers versus food retailers.
On March 14 and December 3, 2008, OEHHA held public workshops where suggestions were received from the public and business communities concerning these regulatory amendments. OEHHA has developed draft language for this regulation that is based on a proposal received from some members of the stakeholder group. OEHHA is now requesting public input concerning this working draft of the regulatory amendments. The draft regulatory amendments will be posted on the OEHHA Web site at www.oehha.ca.gov on August 28, 2009.
On September 25, 2009 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 draft regulatory amendments and gathering input from interested parties concerning this potential regulatory action. Please keep in mind that these are pre-regulatory draft amendments, and are therefore subject to significant changes before any formal regulatory process commences. The official regulatory process has not been initiated and will likely not occur until early 2010.
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 October 19, 2009. Please note that any formal regulatory language that is eventually proposed by OEHHA may substantially differ from this draft language. Should OEHHA significant changes be made to this proposed language, additional opportunities for public comment may be provided. 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
If you have special accommodations or language needs, please contact Monet Vela at (916) 323-2517 or mvela@oehha.ca.gov.