OEHHA Proposes Pilot Program for Food Retailers to Provide Prop. 65 Warnings to Consumers
The Office of Environmental Health Hazard Assessment (OEHHA) of California’s Environmental Protection Agency has proposed implementing Proposition 65 (Prop. 65) food warnings as a pilot program that will expire in 4-5 years. The proposal was presented during the agency’s last informal stakeholder meeting before final regulatory language is drafted. Under Prop. 65, warnings must be provided on products containing chemicals known to the state to cause cancer or reproductive harm. OEHHA has been considering for some time how manufacturers and retailers can provide warnings to consumers about the chemicals in foods that are on the Prop. 65 list. Comments may be submitted until January 29, 2010.
The pilot program will allow the agency “to make some basic assumptions about the level of participation and coverage of the program, and then test them out over the ‘pilot’ period.” Under the proposal, manufacturers would make product-specific information available to retailers through a central internet-based system. Retailers would be able to convey warning information by means of a “binder” option that consumers could consult in each store. The retailers would have to use an on-product or shelf-tag identifier in addition to the binder to alert consumers as to its existence.
Small retailers would have alternative warning requirements that could consist of “just posting the informational sign with the web address” where consumers could go to get more information. The public would also have access to a web-based database to search for product specific warnings by product name, manufacturer, retailer, or chemical name. It is apparently unknown what consumer advocates and environmentalists will have to say about the proposal. It conforms in some respects to suggestions put forward by industry stakeholders and would include “a full ‘safe harbor’ for all participating manufacturers and retailers to encourage full participation in the program.” See Inside
Cal/EPA, December 18, 2009.
