OEHHA Reviews Industry Submission on Draft Prop. 65 Food Warning Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA), which is responsible for implementing the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65), is reportedly reviewing a joint industry proposal submitted in April 2009 with detailed recommendations for a comprehensive food warning system. OEHHA has been conducting meetings with stakeholders to develop a regulation that would provide consumers with point-of-sale warnings about food chemicals known to the state to cause cancer or pose reproductive health hazards.

The California Grocers Association, California Retailers Association, California League of Food Processors, American Beverage Association, and Grocery Manufacturers Association proposal would exempt small retail establishments from regulation and would allow warnings to be provided via (i) signage at a store’s entrance, (ii) pamphlets or brochures, or (iii) the backs of cash register receipts. Environmental groups and consumer advocates have reportedly criticized the industry approach, saying that most consumers would remain unaware of which foods contain Prop. 65-listed chemicals. They favor either individual product label warnings or signs placed in specific store aisles or sections.

According to a news source, OEHHA will release a draft agency regulation in August 2009 and then conduct a “pre-regulatory” public workshop on September 25; the formal regulatory process will begin in early 2010. See Inside Cal/EPA, June 12, 2009.