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 (http://www.oehha.ca.gov/prop65/wkgrp/index.html) 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 September 25, 2009 OEHHA held an informal public workshop for the purpose of discussing the draft regulatory amendments and gathering input from interested parties concerning this potential regulatory action. The official regulatory process has not been initiated and will likely not occur until early 2010.
Four comments were submitted and are available to the public.
Center for Environmental Health and the Mateel Environmental Justice Foundation
Additional questions may 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
