OEHHA Seeks Comment on Safe Level for Corn-Based Snack Chemical and NoticeRule Amendment Under Prop. 65
California’s Office of Environmental Health Hazard Assessment (OEHHA) is requesting written comments on two proposals. One would establish a “no significant risk level” for fumonisin B1, a chemical present in many corn-based food products, at a value that is apparently significantly lower than safe levels set by other regulators and could expose many companies to the risk of litigation under Proposition 65 (Prop. 65). Comments are due by November 23, 2009.
According to an industry spokesperson, the proposed level of 1.5 micrograms per day is “very, very low,” particularly when compared with Food and Drug Administration standards and the standards of international regulatory bodies. A snack food company requested in 2008 that OEHHA establish a “safe use determination” for fumonisin B1, which would mean that products containing this naturally occurring chemical do not pose a health risk. The request is still pending. See Inside Cal/EPA, November 13, 2009.
Meanwhile, OEHHA has also announced that it plans to amend its regulations to “allow 60-day notices of violation to be sent to certain state and local prosecutors via electronic mail, if the prosecutor has consented to such service.” According to the agency, the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) requires those bringing an action in the public interest for a Prop. 65 violation to first provide notice to the alleged violator, the attorney general, district attorney, city attorney, or prosecutor in whose jurisdiction the purported violation occurred. Under current rules, the “60-Day Notices” are served via the U.S. mail, which OEHHA says “can be expensive and time-consuming” as well as “inefficient.” Comments must be filed no later than January 4, 2010.
