Regulatory Update Project Warnings for Exposures to Listed Chemicals in Foods Opportunity for Public Participation Notice of Open Conference Call
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 has been investigating the possibility of amending the existing warning regulations currently located in Title 27, California Code of Regulations, section 25601. This proposed amendment will 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 that determine the level of responsibility between retailers and manufacturers for these warnings.
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. OEHHA was also requested to clarify the relative responsibilities of product manufacturers versus retailers. Existing regulations currently provide limited guidance concerning the range of possible options for providing Proposition 65 warnings for exposures from foods in the retail context. Guidance may also 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. Suggestions were then 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. This group would work with OEHHA to develop a proposed regulation. A workgroup was created, and information about the meetings of the group was posted on the OEHHA Web site. After receiving input in four workgroup meetings, OEHHA developed a draft framework for this regulation. A second public workshop was held on December 3, 2008, where the draft framework was presented to the public. OEHHA solicited comments and all comments subsequently received have been posted on the OEHHA website.
On February 18, 2009, OEHHA will hold an informal conference call at 10:00 a.m. to discuss these comments and to discuss the next steps. We encourage interested parties participate in this conference call.
Conference toll-free number: (877) 322-9648
Participant Code: 341735
If you have special accommodations or language needs, please contact Monet Vela at (916) 323-2517 or mvela@oehha.ca.gov.
- Workshop and Comment Period - Proposition 65 Regulatory Update Project Warnings For Exposures To Listed Chemicals In Foods
- Workshop - Proposition 65 Regulatory Update Project, Warnings For Exposures To Listed Chemicals In Foods Opportunity for Public Participation