In our last post, we looked at the new, general regulations for consumer product warnings under Proposition 65. There are also new warning regulations for specific types of product, and we start looking at them today.
Product-Specific Warning Regulations
The current regulations have product-specific warning provisions for food, alcoholic beverages, prescription drugs and BPA in canned and bottled foods and beverages (a temporary BPA interim regulation issued in April, 2016). The new regulations add product-specific warnings for dental care exposure, raw wood products, furniture, non-passenger diesel engines, vehicles, recreational vessels and amusement parks. Below, we summarize the requirements for food and beverages.
Food and Dietary Supplements: The content of the safe harbor warnings is nearly identical to the full general consumer product warnings, except there is no exclamation point in the triangle, and the warnings begin “Consuming this product can expose you to . . . . “
The warning is to be contained in a box.
More after the jump.
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.
These are the authorized means of transmission:
- An 8 ½ by 11 inch sign in no smaller than 22-point type, at eye level so it is readable and conspicuous to customers as they enter the area or areas where alcoholic beverages are sold.
- A notice or sign at least 5 by 5 inches with font at least 20 point and text enclosed in a box, placed at each retail point of sale or display so as to assure that it is readable and conspicuous.
- For beverages served by “food or beverage persons” or at a counter, on a menu or list identifying food or beverages sold at the facility.
- For package deliveries, the warning on or in the shipping container or delivery package, with type no less than 8 point font, and readable and conspicuous to the recipient prior to consumption.
Food and Non-Alcoholic Beverage Exposure Warnings for Restaurants
Here is the safe harbor language:
WARNING: Certain foods and beverages sold or served here can expose you to chemicals including acrylamide in many fried or baked foods, and mercury in fish, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/restuarant.
In other words, even though acrylamide in cooked meats and mercury in seafood are, according to many food scientists, naturally occurring (and under other Proposition 65 regulations, unwarned exposures to naturally occurring chemicals are deemed not to violate the statute), a restaurant wanting to claim safe harbor status for its warning must include both of these chemicals.
The three authorized means of transmission are similar to some for alcoholic beverages:
- An 8 ½ by 11 inch sign in no smaller than 28-point type, placed so that it is readable and conspicuous to customers as they enter each public entrance to the restaurant or facility where food or beverages may be consumed.
- A notice or sign at least 5 by 5 inches with font at least 20 point and text enclosed in a box, placed at each point of sale so as to assure that it is readable and conspicuous.
- A warning on any menu or list describing food or non-alcoholic beverage offerings, in a type size no smaller than the largest type size used for the names of general menu items.
Next time: Furniture, motor vehicles and BPA.