G/TBT/N/USA/1470/Add.2  
 
27 July 2021  
(21-5828) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  27 July 2021 , is being circulated at the request of the delegation 
of the United States of America . 
 
_______________  
 
 
Title: Naturally Occurring Levels of Lead in Candy  
 
Reason for Addendum:  
[  ] Comment period changed - date:   
[  ] Notified measure adopted - date:  
[  ] Notified measure published - date:  
[  ] Notified measure enters into force - date:  
[  ] Text of final measure available from1:  
[  ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[X] Content or scope of notified measure changed  and text available from1: 
https://oehha.ca.gov/media/downloads/crnr/leadincandyregtext072321.pdf  
https://members.wto.org/crnattachments/2021/TBT/USA/modification/21_4840_00_e.
pdf 
New deadline for comments (if applicable):  06/08/2021  
[  ] Interpretive guidance issued and text available from1:  
[  ] Other:  
 
Description:  TITLE: Naturally Occurring Levels of Lead in Candy  
AGENCY: Office of Environmental Health Hazard Assessment, State of California  
ACTION: Notice of Modification to Proposed Text  
SUMMARY:   Pursuant to the requirements of Government Code section 11346.8(c), Title 1, section 
44 of the California Code of Regulations, the Office of Environmental Health Hazard Assessment 
(OEHHA) is providing notice of a cha nge made to the proposed regulation, Title 27, California Code 
of Regulations, section 28500.   This proposed regulation was originally the subject of a Notice of 
Proposed Rulemaking issued on 19 June 2020. This rulemaking was a continuation of the initial 
process OEHHA began on 15 March 2019, which would add a new chapter and section to Title 27 of 
the California Code of Regulations, Chapter 3: Naturally Occurring Lead in Candy, section 28500.  
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1470/Add.2  
 
- 2 - 
 
  During their review, the Office of Administrative Law suggested an addition to the regulation for 
clarity. Therefore, OEHHA has modified the proposed language to in the table to add "(excluding 
chocolates)" after the phrase "Candies flavored with chili and/or tamarind", to provide clarity that 
this regulation applies t o all candies flavored with chili and/or tamarind, but not to chocolate candies.  
OEHHA is requesting comments on the modification to the regulatory text shown below in underline. 
To be considered, OEHHA must receive comments by 6 August 2021, which is the designated close 
of the comment period. All comments will be posted on the OEHHA website at the close of the public 
comment period.  
WTO Members and their stakeholders are asked to submit comments via e -mail to the USA TBT 
Enquiry Point at usatbtep@nist.gov  by or before 4pm EST on 6 August 2021. Comments received 
within the comment period by the USA TBT Enquiry Point from WTO Members and their stakeholders 
will be shared with the regulator and will also be  submitted at https://oehha.ca.gov/proposition -
65/comments/comment -submissions -notice -modification -proposed -text-chapter -3-naturally  per 
instructions provided by California's Office of Environmental Health Hazard Assessment (OEHHA).  
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