The California Office of Environmental Health Hazard Assessment (OEHHA)
has issued interpretive guidance on chlorothalonil in tomato products,
concluding that the average consumer does not eat enough fresh tomatoes
or tomato products to exceed the No Significant Risk Level (NSRL) for the
pesticide. According to OEHHA, a NSRL for chlorothalonil of 41 micrograms
(µg) per day will take effect on June 15, 2012, at which point businesses
causing exposures in excess of the NSRL must comply with Proposition 65
(Prop. 65) warning requirements.

OEHHA evidently based its upper-bound limit estimates on USDA pesticide
residue surveys taken in 2003, 2004, 2007, and 2008, as well as National
Health and Nutritional Examination Survey data on tomato consumption.
“Consumption of chlorothalonil residues by the average consumer of tomatoes does not result in exposures that exceed the Proposition 65 NSRL of 41 µg/day for the chemical, where the residue levels in tomatoes are at recent
historical levels measured for chlorothalonil in USDA surveys,” concludes the
interpretive guidance, which aims to provide information for the general
public and businesses to facilitate Prop. 65 implementation.

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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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