CA Office of Environmental Health Hazard Assessment proposes both an emergency regulation to allow temporary use of a standard point-of-sale warning message for BPA exposures from canned and bottled foods and beverages, and a Proposition 65 Maximum Allowable Dose Level for BPA
On March 17, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a proposal to promulgate an emergency regulation to allow temporary use of a standard point-of-sale warning message for bisphenol A (BPA) exposures from canned and bottled foods and beverages. By way of background, on May 11, 2015, BPA was added to the Proposition 65 (Prop 65) list of chemicals known to cause cancer and reproductive toxicity; the chemical was listed as a reproductive toxicant.
OEHHA is proposing to promulgate an emergency regulation to allow temporary use of a standard point-of-sale warning message for BPA exposures from canned and bottled foods and beverages because the current regulation does not expressly allow for point-of-sale warnings for consumer products that cause exposures to listed chemicals. OEHHA is issuing a proposed emergency regulation to address its stated concern that retailers, who will likely not know which products currently on their shelves may require warnings on May 11, 2016, may decide to remove canned and bottled food items from store shelves to avoid potential enforcement actions. OEHHA is concerned that this could reduce the availability of nutritious food products in locations where the population depends heavily on canned food items, either because of a lack of available fresh food sources or for other reasons.
The proposed emergency regulation would expire after 180 days. During that period, OEHHA will commence a regular rulemaking process to adopt the regulation as an interim measure for a one-year period from date of adoption.
Also on March 17, 2016, OEHHA issued a notice of proposed rulemaking to establish a Prop 65 Maximum Allowable Dose Level (MADL) for BPA (dermal exposure from solid materials) of 3 micrograms per day. Per OEHHA, this regulation was derived using the scientific methods outlined in California Health and Safety Code Section 25803. Specifically, OEHHA was persuaded by the transcript from the May 7, 2015 meeting of the Developmental and Reproductive Toxicant Identification Committee (DARTIC) and the hazard identification materials reviewed by the DARTIC at that meeting.
Any written comments concerning this proposed MADL must be received by OEHHA by 5:00 p.m. on May 16, 2016.
If you have questions regarding the issues raised in this alert, or would like to submit comments to OEHHA, please contact one of the authors or a member of Venable’s Food & Drug Law or Environmental Law practices.