Notice of Modification to Proposed Text for Chapter 3. Naturally Occurring Lead in Candy
Pursuant to the requirements of Government Code section 11346.8(c), Title 1, section 44 of the California Code of Regulations, the Office of Environmental Health Hazard Assessment (OEHHA) is providing notice of a change made to the proposed regulation, Title 27, California Code of Regulations, section 28500. This proposed regulation was originally the subject of a Notice of Proposed Rulemaking issued on June 19, 2020. This rulemaking was a continuation of the initial process OEHHA began on March 15, 2019, which would add a new chapter and section to Title 27 of the California Code of Regulations, Chapter 3: Naturally Occurring Lead in Candy, section 28500.
During their review, the Office of Administrative Law suggested an addition to the regulation for clarity. Therefore, OEHHA has modified the proposed language to in the table to add “(excluding chocolates)” after the phrase “Candies flavored with chili and/or tamarind”, to provide clarity that this regulation applies to all candies flavored with chili and/or tamarind, but not to chocolate candies.
OEHHA is requesting comments on the modification to the regulatory text shown below in underline. To be considered, OEHHA must receive comments by August 6, 2021, which is the designated close of the comment period. All comments will be posted on the OEHHA website at the close of the public comment period.
OEHHA strongly recommends that comments be submitted electronically through our website at https://oehha.ca.gov/comments. Comments submitted in paper form may be mailed to:
Monet Vela
Office of Environmental Health Hazard Assessment
1001 I Street, 23rd Floor
P. O. Box 4010
Sacramento, California 95812-4010
Telephone: 916-323-2517
Comments transmitted via email should be addressed to: monet.vela@oehaa.ca.gov
OEHHA encourages all commenters to submit their comments in a format compliant with Section 508 of the federal Rehabilitation Act, Web Content Accessibility Guidelines 2.0[3] and California Government Code sections 7405 and 11135, so that they can be read using screen reader technology and those with visual impairments are able to listen to them.
OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. If you provide comments, please be aware that your name, address, and e-mail may be available to third parties.
Inquiries concerning the action described in this notice may be directed to Kristi Morioka, in writing, at the address given above, by email to Kristi.morioka@oehha.ca.gov, or by telephone at (916) 322-5624.
Modification to Proposed Amendment to 27 CCR § 28500
The modifications to the proposed regulation are provided in underline and strikeout format below.
27 CCR § 28500
§ 28500. Naturally Occurring Levels of Lead in Candy
For purposes of Health and Safety Code section 110552(c)(3), the following levels of lead in candy are deemed by the Office of Environmental Health Hazard Assessment to be naturally occurring:
Type of Candy: Candies flavored with chili and/or tamarind (excluding chocolates) – Naturally-Occurring Level (parts per million): 0.02 ppm.
NOTE: Authority cited: Section 110552(c)(3), Health and Safety Code. Reference: Sections 110552(b) and 110552(c)(1), Health and Safety Code.
