Food Warnings To Undergo Changes in Method, Content under California’s Proposition 65
The One Sentence Summary: Retailers selling food now have the opportunity to advise a California regulatory agency about making new rules on methods for giving consumers warnings, and the content of such warnings, regarding exposure to chemicals that cause cancer or birth defects, as provided under the state’s “Proposition 65”.
Full Posting:
On February 15, 2008 the California Office of Environmental Health Hazard Assessment (OEHHA), part of Cal/EPA, announced that it is seeking input concerning the content of warnings for exposures to listed chemicals in foods. In particular, OEHHA is looking for language that conveys the required warning message without undue confusion for consumers. Based on input, OEHHA will develop proposals for amending the existing, and rather limited, regulations that dictate options for both the method and the content of warnings for exposures to listed chemicals in foods.
Examples of such input would be ideas about on-product labels, off-product signage, centralized warnings for all affected food products in the store, in-store warning information kiosks, print media warnings or web-based information.
Proposition 65 is a California law requiring that businesses of ten or more employees provide warnings before exposing people to certain listed chemicals that cause cancer or birth defects. Detailed regulations have been enacted regarding specific “safe harbor” language that may be used in the warnings, as well as the methods for providing warnings, such as signs posted at point-of-sale. The law, titled the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5, et. seq., has given rise to litigation around chocolate, certain cooked foods, and fish. The law applies to products offered for sale in California, regardless of origin.
The deadline for providing input on better ways to provide consumer warnings about chemicals in food sold by retailers is March 28, 2008. Stakeholders may also participate in a public workshop on March 14, 2008, from 10 a.m. to noon, at the Cal/EPA headquarters in downtown Sacramento, California.
More information is available in the OEHHA announcement at http://www.oehha.ca.gov/prop65/law/regproc021508.html
Retailers will have additional opportunities to comment formally on revised warning methods and language after OEHHA publishes draft proposed rules.
Full Posting:
On February 15, 2008 the California Office of Environmental Health Hazard Assessment (OEHHA), part of Cal/EPA, announced that it is seeking input concerning the content of warnings for exposures to listed chemicals in foods. In particular, OEHHA is looking for language that conveys the required warning message without undue confusion for consumers. Based on input, OEHHA will develop proposals for amending the existing, and rather limited, regulations that dictate options for both the method and the content of warnings for exposures to listed chemicals in foods.
Examples of such input would be ideas about on-product labels, off-product signage, centralized warnings for all affected food products in the store, in-store warning information kiosks, print media warnings or web-based information.
Proposition 65 is a California law requiring that businesses of ten or more employees provide warnings before exposing people to certain listed chemicals that cause cancer or birth defects. Detailed regulations have been enacted regarding specific “safe harbor” language that may be used in the warnings, as well as the methods for providing warnings, such as signs posted at point-of-sale. The law, titled the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5, et. seq., has given rise to litigation around chocolate, certain cooked foods, and fish. The law applies to products offered for sale in California, regardless of origin.
The deadline for providing input on better ways to provide consumer warnings about chemicals in food sold by retailers is March 28, 2008. Stakeholders may also participate in a public workshop on March 14, 2008, from 10 a.m. to noon, at the Cal/EPA headquarters in downtown Sacramento, California.
More information is available in the OEHHA announcement at http://www.oehha.ca.gov/prop65/law/regproc021508.html
Retailers will have additional opportunities to comment formally on revised warning methods and language after OEHHA publishes draft proposed rules.
Labels: Consumers
posted by at 2/19/2008
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