CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z
 442REFERENCE
This action implements, interprets, or makes specific
Sections 31303, 31304, 31601, 31602, 31607, 31611,
31614, and 31616, CVC.
TITLE 27. OFFICE OF
ENVIRONMENTAL HEALTH HAZARD
ASSESSMENT
PROPOSED ADOPTION OF NEW CHAPTER
AND SECTION
CHAPTER 3: NATURALLY OCCURRING
LEAD IN CANDY
SECTION 28500: NATURALLY OCCURRING
LEVELS OF LEAD IN CANDY
NOTICE IS HEREBY GIVEN that the Office of En-
vironmental Health Hazard Assessment (OEHHA) pro-
poses to add a new chapter and section to Title 27 of the
California Code of Regulations, Chapter 3: NaturallyOccurring Lead in Candy , section 28500, Naturally Oc-
curring Levels of Lead in Candy.
1 If adopted, this pro-
posed regulation would establish the naturally occur-ring level of lead in candies containing chili and/or
tamarind as required by Health and Safety Code section
110552.
PUBLIC PROCEEDINGS
Public Hearing
A public hearing will be held on May 8, 2019, at
which time any person may present statements or argu-
ments orally or in writing relevant to the action de-
scribed in this notice. The public hearing will com-mence at 10:00 a.m. in the Sierra Hearing Room, Cali-
fornia Environmental Protection Agency Building,
1001 I Street, 2
nd Floor, Sacramento, California and
will last until noon. The hearing will be webcast and can
be accessed the day of the hearing athttps://video.calepa.ca.gov.
If you have special accommodation needs, please
contact Monet Vela at (916) 323−2517 ormonet.vela@oehha.ca.gov
 by April 24, 2019. TTY/
TDD/Speech−to−Speech users may dial 7−1−1 for the
California Relay Service.
1All further references are to sections of Title 27, Cal. Code of
Regs., unless indicated otherwise.Written Comment Period
Any written comments concerning this proposed reg-
ulatory action, regardless of the form or method oftransmission, must be received by OEHHA by 5:00
p.m. on May 22, 2019,  the designated close of the writ-
ten comment period. All written comments will be post-
ed on the OEHHA website at the close of the publiccomment period.
The public is encouraged to submit written informa-
tion electronically, rather than in paper form. Com-
ments may be submitted electronically through ourwebsite at https://oehha.ca.gov/comments.
 Comments
submitted in paper form can be mailed, faxed, or deliv-
ered in person to the address below.
All submissions should be directed to:
Monet Vela
Office of Environmental Health Hazard Assessment1001 I Street, 23
rd Floor
P. O. Box 4010 
Sacramento, California 95812−4010 
Telephone: 916−323−2517 
Fax: 916−323−2610
OEHHA is subject to the California Public Records
Act and other laws that require the release of certain in-formation upon request. If you provide comments,please be aware that your name, address and e−mail
may be available to third parties.
CONTACT
Please direct inquiries concerning the proposed regu-
latory action described in this notice to Monet Vela at
(916) 323−2517, or by e−mail tomonet.vela@oehha.ca.gov
. Carl DeNigris is a back−up
contact person for inquiries concerning processing of
this action and is available at (916) 322−5624 or
carl.denigris@oehha.ca.gov.
AUTHORITY
Health and Safety Code section 1 10552(c)(3).
REFERENCE
Health and Safety Code sections 110552(b) and
110552(c)(1).
INFORMATIVE DIGEST/POLICY
STATEMENT OVERVIEW
Health and Safety Code section 110552 requires
OEHHA, in consultation with the California Depart-CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z
 443ment of Public Health (CDPH) and the Office of the At-
torney General, to determine the “naturally occurring
level” of lead in candy containing chili and tamarind.The proposed regulation establishes this naturally oc-
curring level of 0.02 parts per million (ppm) based on a
scientific approach summarized in the Initial Statement
of Reasons and discussed in detail in the accompanyingtechnical document titled Naturally Occurring Lead in
Certain Candies. Candies Flavored with Chili and/or
Tamarind  (OEHHA 2019).
Anticipated Benefits of the Proposed Regulation
The proposed regulation will further the goals of the
authorizing statute by establishing a naturally occurring
level of lead in candies flavored with chili and/ortamarind. This level will be used by CDPH when testing
for levels of lead in candy for the purpose of enforcing
other provisions of the statute. The proposed regulation
will therefore benefit the health and welfare of Califor-
nia residents by setting a science−based naturally oc-curring level that will be used to ensure that candy sold
or distributed in California is not adulterated.
No Inconsistency or Incompatibility with Existing
Regulations
OEHHA has determined that no other state regula-
tions establish a naturally occurring level for lead in
candies containing chili and/or tamarind. The proposed
regulatory action is therefore neither inconsistent nor
incompatible with any other existing state regulations
because it sets a naturally occurring regulatory level as
required by statute and does not address compliancewith any other law or regulation.
LOCAL MANDATE/FISCAL IMPACT
OEHHA has determined that the proposed regulatory
action would not impose a mandate on local agencies or
school districts. OEHHA has also determined that the
proposed regulation would not impose any costs to any
local agency or school district requiring reimbursement
under Part 7 (commencing with Section 17500) of Divi-
sion 4 of the Government Code, that no other nondiscre-
tionary costs or savings to local agencies or school dis-
tricts will result from the proposed regulatory action,
and that there will be no costs or savings to any state
agency because of the proposed regulatory action.There are also no costs or savings in federal funding to
the state.
EFFECT ON HOUSING COSTS
OEHHA has determined that the proposed regulatory
action will have no ef fect on housing costs.SIGNIFICANT STATEWIDE ADVERSE
ECONOMIC IMPACT DIRECTLY AFFECTING
BUSINESS, INCLUDING ABILITY TO COMPETE
OEHHA has made an initial determination that the
adoption of this regulation will not have a significant
statewide adverse economic impact directly affectingbusinesses, including the ability of California business-
es to compete with businesses in other states. The pro-
posed regulation establishes a naturally occurring level
for lead in candies flavored with chili and/or tamarindand OEHHA has determined this level is achievable by
following good agricultural, manufacturing, and pro-
curement practices, or by other currently feasible prac-
tices, at little to no additional costs to Californiabusinesses.
RESULTS OF ECONOMIC IMPACT ANALYSIS
(Gov. Code section 11346.3(b))
Creation or Elimination of Jobs within the State of
California
This regulatory action will not significantly impact
the creation or elimination of jobs within the State ofCalifornia because OEHHA has determined this level is
achievable by following good agricultural, manufactur-
ing, and procurement practices, or by other currentlyfeasible practices, at little to no additional costs to Cali-
fornia businesses.
Most manufacturers of candies containing chili and/
or tamarind are located outside of California, with many
located in Mexico. OEHHA was able to evaluate thetypes of candies made by over 100 of the approximately
200 candy manufacturers based in California, and few-
er than ten companies currently produce any candiescontaining chili and/or tamarind. Further, based on the
evaluation of recent testing data for similar candies,
OEHHA has determined that the few California manu-
facturers that produce this type of candy are likely al-ready in compliance with the proposed level. And for
any manufacturer that might be impacted, OEHHA has
determined that the proposed naturally occurring levelis achievable with minimal cost to the manufacturer.For example, the lead in chili powder can be significant-
ly reduced by washing the chili peppers before process-
ing and employing simple and relatively low−cost dry-ing procedures or by using higher grade chili peppers at
an increase cost ranging from fractions of a cent per
candy to no more than three cents per candy.
Additionally, California retailers and distributors are
not likely to incur additional costs or face difficulty in
obtaining candy products containing chili and/or
tamarind that meet the proposed lead level require-ments. OEHHA has reviewed test results for levels oflead present in candies containing chili and/or tamarindCALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z
 444that were produced by nine different manufacturers in
Mexico for sale into California between 2012 and 2017.
Fewer than 8% of these Mexican candies sold in Cali-fornia would have exceeded the proposed level of 0.02
ppm, and no candy was reported to contain more than
0.03 ppm. Given that the majority of Mexican candiesflavored with chili and/or tamarind are already in com-
pliance, and that Mexico is a leading producer of such
candies, most importers and distributors/retailers of
these candies in California are already sourcing compli-
ant candies from Mexican manufacturers. As the major-ity of candies flavored with chili and/or tamarind manu-
factured by both Californian and Mexican manufactur-
ers for sale in California are already compliant with theproposed regulation, California retailers of these can-
dies are unlikely to be significantly impacted.
Creation of New Businesses or Elimination of
Existing Businesses within the State of California
For the reasons noted above, this proposed regulatory
action will not impact the creation of new businesses or
the elimination of existing businesses within the State
of California because very few California manufactur-
ers of this type of candy exist and the costs of compli-ance are likely to be minimal.
The Expansion of Businesses Currently Doing
Business within the State
For the reasons noted above, this proposed regulatory
action will not impact the expansion of businesses with-
in the State of California because very few Californiamanufacturers of this type of candy exist and the costsof compliance are likely to be minimal.
Benefits of the Pr oposed Regulation
The proposed regulation would establish a naturally
occurring level of 0.02 ppm lead in candies containing
chili and/or tamarind for the purpose of enforcing other
provisions of the law related to the sale or distribution of
candy within California. The proposed regulation will
therefore benefit the health and welfare of Californiaresidents by setting a science−based naturally occurring
level that will be used to ensure that candy sold or dis-
tributed in California is not adulterated.
COST IMPACTS ON REPRESENTATIVE
PERSON OR BUSINESS
Some candy manufacturers — those that produce
candies containing chili and/or tamarind — may incurcosts in order to ensure their product does not exceedthe proposed naturally occurring level of lead in candy
flavored with chili and/or tamarind. However, based on
the evaluation of recent testing data, OEHHA has deter-mined that the few California manufacturers that pro-duce this type of candy are likely already in compliancewith the proposed level. Furthermore, for any manufac-
turer that might be impacted, OEHHA has determined
that the proposed naturally occurring level is achievable
with minimal cost to the manufacturer by following
good agricultural, manufacturing, and procurement
practices such as washing the chili peppers before pro-
cessing and employing simple and relatively low−cost
drying procedures or using higher grade chili peppers.
Therefore, any compliance costs are likely to be
minimal.
EFFECT ON SMALL BUSINESSES
The proposed regulatory action may adversely im-
pact some small businesses in California. However, for
the reasons discussed above any costs are likely to beminimal.
CONSIDERATION OF ALTERNATIVES
Pursuant to Government Code section
11346.5(a)(13), OEHHA must determine that no rea-
sonable alternative considered by OEHHA, or that has
otherwise been identified and brought to the attention of
OEHHA, would be more effective in carrying out the
purpose for which the action is proposed, would be as
effective and less burdensome to affected private per-sons than the proposed action, or would be more cost−effective to affected private persons and equally effec-
tive in implementing the statutory policy or other provi-
sion of law.
A V AILABILITY OF STATEMENT OF REASONS
AND TEXT OF PROPOSED REGULATIONS
OEHHA has prepared and has available for public re-
view an Initial Statement of Reasons for the proposedregulation, all the information upon which the regula-
tion is based, and the text of the proposed regulation.
These documents are available on OEHHA’s web site at
www.oehha.ca.gov.
A V AILABILITY OF CHANGED OR
MODIFIED TEXT
The full text of any proposed regulation that is
changed or modified from the express terms of this pro-
posed action will be made available at least 15 days pri-
or to the date on which OEHHA adopts the resultingregulation. Notice of the comment period on the revised
proposed regulation and the full text will be mailed to
individuals who testified or submitted oral or writtencomments at the public hearing, whose comments were
received by OEHHA during the public comment peri-CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z
 445od, and anyone who requests notification from OEHHA
of the availability of such change. Copies of the notice
and the changed regulation will also be available on theOEHHA website at www .oehha.ca.gov
.
A V AILABILITY OF THE FINAL
STATEMENT OF REASONS
A copy of the Final Statement of Reasons may be ob-
tained, when it becomes available, from Monet Vela at
Monet.Vela@oehha.ca.gov  or the telephone number in-
dicated above. The Final Statement of Reasons will also
be available on OEHHA’s website atwww.oehha.ca.gov.
GENERAL PUBLIC INTEREST
OFFICE OF ENVIRONMENTAL
HEALTH HAZARD ASSESSMENT
SAFE DRINKING WATER AND TOXIC
ENFORCEMENT ACT OF 1986
(PROPOSITION 65)
NOTICE OF MODIFICATION TO TEXT OF
PROPOSED REGULATION
PROPOSED ADOPTION OF NEW SECTION
UNDER ARTICLE 7
NO SIGNIFICANT RISK LEVELS
SECTION 25704 EXPOSURES TO LISTED
CHEMICALS IN COFFEE POSING NO
SIGNIFICANT RISK
As required by Government Code section
11346.8(c), and Title 1, section 44 of the California
Code of Regulations, the Office of EnvironmentalHealth Hazard Assessment (OEHHA) is providing no-
tice of changes to the proposed regulatory action to de-
fine the scope of the proposed regulation (Title 27, Cali-
fornia Code of Regulations
1, section 25704.)
The proposed regulation was originally the subject of
a Notice of Proposed Rulemaking published on June 22,
2018, in the California Regulatory Notice Register
1All further references are to sections of Title 27, Cal. Code of
Regs., unless indicated otherwise.(Register 25−Z, No. Z2018−0612−06), which initiated
a 45−day public comment period. Seventy−six written
comments from the public were received during thecomment period that ended August 30, 2018. In addi-tion, OEHHA heard comments at a public hearing onthe proposed regulation held on August 16, 2018.
OEHHA has modified the language of proposed sec-
tion 25704 to clarify the scope of listed chemicals cov-
ered by the proposed regulation. The modified lan-guage is in underline and strikeout format below: 
§ 25704. Exposures to Listed Chemicals in
Coffee Posing No Significant Risk
Exposures to listed chemicals in coffee, listed on
or before March 15, 2019 as known to the state to
cause cancer, that are created by and inherent in the
processes of roasting coffee beans or brewingcoffee do not pose a significant risk of cancer.NOTE : Authority cited: Section 25249.12, Health
and Safety Code. Reference: Sections 25249.6 and25249.10, Health and Safety Code.
OEHHA is requesting comments on the above−
described modifications to the proposed regulatorytext. There is no need to resubmit comments that werepreviously pr ovided to OEHHA. In order to be consid-
ered, OEHHA must receive comments by 5:00 p.m.
on April 2, 2019, the designated close of the com-ment period.  All public comments will be posted on
the OEHHA website at the close of the comment period.
The public is encouraged to submit written informa-
tion electronically, rather than in paper form. Com-ments may be submitted electronically through ourwebsite at https://oehha.ca.gov/comments.
 Comments
submitted in paper form can be mailed, faxed, or deliv-
ered in person to the address below.
All submissions should be directed to:
Monet Vela
Office of Environmental Health Hazard Assessment1001 I Street, 23
rd Floor
P. O. Box 4010 Sacramento, California 95812−4010 
Telephone: 916−323−2517 
Fax: 916−323−2610
OEHHA is subject to the California Public Records
Act and other laws that require the release of certain in-formation upon request. If you provide comments,please be aware that your name, address and e−mailmay be available to third parties.