Section 25603.3 Warnings for Specific Consumer Product s Exposure.  
… 
(f) Responsibility to Provide Warnings for Exposure to B isphenol A from Canned 
and Bottled F oods  and Beverages.  
(1) Notwiths tanding any other provision of s ection s 25603, 25603.1, 25603.2,  and 
25603.3,  canned  and bottled food s and beverages that are offered for retail sale in 
California after May 1 0, 201 6, that can cause exposures to  contain bisphenol A, are 
deemed to comply with the warning requirements of section 25249.6  of the Act if the 
following provisions are met:  
 
(A) The manufacturer, producer, packager, importer or distributor of the canned and 
bottled food or beverage either : 
 
1. Affixes a label to the product bearing a warning that complies with section 
25603.2(a)2. , or 
2. Provides the lead agency  with the following information  in a searchable, 
electronic format to facilitate posting information on the l ead agency website:   
a. A list of all food products  for which a warning is being provided in which 
bisphenol  A was intentionally used in the manufacture of the can lining or 
jar or bottle seals.   The food product  must be identified by : 
i. Brand name  
ii. Product description,  including the federal Food and Drug 
Administration product category for the food  
iii. Universal Product Code or other specific identifying designation  
iv. Wher e bisphenol A is no longer used in the manufacture of the 
product packaging  but the product is still available in commerce,  the 
last expiration or “use by” date for the product where bisphenol A was 
intentionally used in the can linings or  seals ; and 
2. 3. Provides written notice directly or through an authorized agent or trade 
association to the retailer or its authorized agent .  The written notice must :  
a. State that the canned or bottled food or beverage may result in an 
exposure to bisphenol A ; and 
b. Include the brand and name or description of the canned or bottled food 
or beverages,  and its  such as a Universal Product Code or other  specific  
identifying designation;  and c. Provide,  or offer to provide,  to the retail  seller , at no cost , a sufficient 
number of point -of-sale warning  signs  that satisfy the requirements of 
subsection (g) .  
(2) If a retail seller  receives a notice pursuant to subsection (1)(A)32., the retail  seller  
must post  a warning sign that satisfies subse ction (g) at each point  of sale in the 
retail facility .  The placement and maintenance of warning signs is the responsibility 
of the retail seller .   
(A) Where a retail seller complies with all the provisions of subsection s (f) and (g) , 
an opportunity to cure exists to correct the absence of the warning sign, which:   
1. Is not the result of intentional neglect or disregard for the requirements of this 
section, and  
2. Is not avoidable using normal and customary quality control or maintenance, 
and  
3. Is corrected within 24 hours of discovery or notification.  
(3) For purposes of subsection (f) and subsection (g) , “canned and bottled foods and 
beverages” means foods and beverages packaged in hermetically sealed , durable 
metal or glass containers , including, but not limited to,  those containing fruits, 
vegetables, soups, pasta products , milk, soda, and alcoholic beverages .  
(4) For purposes of sub section  (f) and subsection (g) , “point  of sale” means the area 
within a retail facility where customers pay for foods and beverages , such as the 
cash register or checkout line where the warning sign is likely to be seen and 
understood,  prior to the consumer purchasing the canned or bottled food or 
beverage.  Point  of sale also includes electronic checkout functions on i nternet 
websites.  
(5) This subsection Subsection (f ) shall will become inoperative on December 30, 
2017. one year after the date of adoption.  
 
(g) Warnings for E xposure to Bisphenol A from  Canned and Bottled Foods  and 
Beverages.  
(1) Method of Transmission:  
Warnings for canned and bottled foods  and beverages , as defined in subsection 
(f)(3), that can cause exposures to contain bisphenol A shall  be provided at each 
point  of sale, as defined in subsection (f)( 4), by posting  a warning sign that includes 
the language set out in subsection (g)(2).  Such warning signs must be no smaller 
than 5 by 5 inches  and be displayed with such conspicuousness, as compared with 
other words, statements, designs, or devices at the point  of sale, as to render it likely 
to be read and understood by an ordinary individual prior to purchase of the products  
that contain bisphenol A . For products s old over the internet, the warning must be prominently displayed to the purchaser either on the product display page or 
otherwise on a webpage prior to completing the purchase.  
(2) Content  of Warning Sign:   
(A) The word “WARNING” in all capital letters and bold print, and  
(B) The words:  “Many food and beverage cans have linings containing bisphenol 
A (BPA), a chemical known to the State of California to cause harm to the 
female reproductive system.  Jar l ids and bottle caps may also contain BPA .   
You can be exposed to BPA when you consume foods or beverages 
packaged in these containers.  For more information go to: 
www.P65Warnings.ca.gov/BPA .”  
(3) This subsection Subsection (g)  shall will become inoperative on December 30, 
2017. one year after the date of adoption.  
NOTE: Authority cited: Sections 25249.12 and 25249.11(f), Health and Safety Code. Reference: Sections 25249.6,  25249.7(k ) and 25249.11 , Health and Safety Code.