California EPA’s Office of Environmental Health Hazard Assessment (OEHHA)
has added methanol to the list of chemicals known to the state to cause
reproductive toxicity (Prop. 65). The listing, which is effective as of March
16, 2012, is based on the National Toxicology Program’s identification of the
chemical as a reproductive toxicant.

Because the chemical forms naturally in fruits and vegetables that contain
pectin, OEHHA has determined that “methanol that is the by-product of
naturally occurring pectin in the food is not considered an exposure under
Section 25501. This applies to consumption of both unprepared and prepared
fruits and vegetables.” This exception does not apply, however, where pectin
is intentionally added “in the production or processing of food, or to nonfood
exposures.” According to OEHHA, methanol is formed when “fruits and
vegetables are physically prepared for consumption by methods that include,
but are not limited to, slicing, chopping, pureeing and juicing.” The highest
concentrations apparently occur in orange and grapefruit juices.

OEHHA has also proposed establishing maximum allowable dose levels (MADLs) for methanol of 47,000 micrograms per day for inhalation and 23,000 micrograms per day for ingestion. Exposures at or below MADLs are exempt from Prop. 65 warning requirements. Comments are requested by April 30. If a request for a public hearing on this matter is made before April 15, OEHHA will schedule a hearing. See OEHHA News Release, March 16, 2012.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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