State of California
Office of Administrative Law
In re:
Office of Environmental Health Hazard
AssessmentNOTICE OF APPROVAL OF EMERGENCY
REGULATORY ACTION
Regulatory Action:
Title 27, California Code of Regulations
Adopt sections:
Amend sections: 25603.3
Repeal sections:Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2016-0408-02
OAL Matter Type: Emergency (E)
On May 11, 2015, the Office of Environmental Health Hazard Assessment (OEHHA)
added bisphenol A (BPA) to the list of chemicals known to the state to cause
reproductive toxicity for purposes of the Safe. Drinking Water and Toxic .Enforcement Act
of 1986 (Proposition 65). OEHHA submitted this emergency action to amend section
25603.3 of title 27 of the California Code of Regulations. The proposed amendments
add provisions that, if followed, are deemed to comply with the Proposition 65 warning
requirements for BPA contained in canned and bottled foods and beverages.
OAL approves this emergency regulatory action pursuant to sections 11346.1 and
11349.6 of the Government Code.
This emergency regulatory action is effective on 4/18/2016 and will expire on
10/18!2016. The Certificate of Compliance for this action is due no later than
10/1712016.
Date: April 18, 2016
Richard L. mith
Senior Attorney
For: Debra M. Cornez
Director
Original: Lauren Zeise
Copy: Monet Vela
STATE OF QALIFORNtA--OPFlCE Of ADM1N{STRATNE ~ f ~.. +, ~ E '~ ~ ` ~S eg I fl~Y~'pUC~IOIIS Oh FOf US@ by S2C('82Hfy Of Sf8f2 Ot1IY
NOTICE PUBLlCATION/R~~E~~~~`fC]~t~i5 ~f~Bi~tS~l~~ reuerse)
STD. 400lREV,Ot-20131 .. ~. •. r; _ _ ... ~ .. ~.. .. _-- '~
OAL FILE NOTICE FIDE NUMBER REGULATORY ACTION NUMBER EMERGENCY N MBER
NUR~fBERS Z. ~ ,,,.v ~ ~~1~~~ ~~
zl in the office of the Secr~ta of State
For use by Office of Administrative law (OAL} only pf ~g$~ai~p¢Calj(p{n;8
P~ '.~ ~~
~, r .~, ~.~ ,~~„~
~ ~ „
NOTICE REGULATIONS
AGENCY WITH RULEMAKING AUTHORITY AGENCY FILE NUMBER (If any)
Once of Environmental Health Hazard Assessment
A. PUBLICATION OF NOTICE (Complete far publication in Notice Register)
t. SUBJECT OF NOTIGE TIT~E(S) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE
3. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional)
Notice re Proposed
Re ulato Action ❑ether
OAL USE ACTSE>N Ot~ PA.OP6SED NO~CIC,'E ': NO7'CE. RFG(5 ~ E~2 NIiMBER i PU6 V.CAiir7N [)ATE
F,~pr> ,ct as ~ ~ Approved cs Ilis3~proved;
B. SUBMISSION OF REGULATIONS (Complete when submitting regulations)
1a. SUBJECT OF REGULATIONS) ~ ~ „~~,;,~~ ~ ~~$[}(,~1 1b. AlL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)
Proposition 65 Bisphenol A-~e#i~e~ e+~~e~rFa~ie+a~ t8quest
2. SPECIFY CALIFORNIA CODE OF REGULATIONS TI7lE(5) AND SEGTION(5) (Including title 26, if toxics related)
SEtT10N(S) AFFECTEQ aooPr
(List all section numbers)
individually. AttaGlt AMEND
additional sheet if needed.) 25603.3
TITLES)
2~
3. TYPE OFfIIWG
Regular Rulemaking (Gov. ~ Certificate of Compliance: The agency o~cer named Emer enc Reado t (Gov.Code §11346) ~ 9 Y p Changes Without Regulatorybelow certifies that this agency complied with the Code, §t 1346.1(h)) ~ Effect (Cal. Code Regs., title❑ Resubmittal of disapproved or provisions of Gov. Code §§11346.2-113473 either 1,X100)withdrawn nonemergency before the emergency regulation was adopted or File &Printfiling (Gov. Code §§113493, within the time period required by statute. ❑ ~ Print Only
1 }349.4)
oEmergency (Gov. Code, ~ Resubmittal of disapproved or withdrawn ~ ether {Specify)
~1134b.1(b)) emergency filing {Gov. Code, X11346.1)
4. AlL BEGINNING AND EN61NG DATES OF AVAIk.ABILITY OF MODIFIED REGULATIONS ANDlOR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. title i, §44 and Gov. Code §7 7347.1)
u Other (Specify)
Z CONTACT PERSON
Mnnat \lala
8• 1 certify that the attached copy of the regulation{s) is a true and correct copy For use by Once of Administrative Law (DAL} only
of the regulations) identified on this form, that the information specified on this form
is true and correct, and that t am the head of the agency taking this action, '~
or a designee of the head of the agency, and am authorized to make this certification.
SIGNATURE OF AGENCY HEAD OR DESIG EE DATE
~~~~~~~~TYPED NAME AND TITLE OF SIGNATO
Allan Hirsch, Chief Deputy DirectorS. EFFECTIVE DATE OF GRANGES (Gov. Code, §§ 17343.4, 11346.1(d); Cal. Code Regs, title 1, §100 )
Effective January 1, April 1, July 1, or ❑ Effective on filing with ❑ §100 Changes Without ~ Effective
October 1 (Gov. Cotle §11343A(a)) ~ Secretary of State Regulatory Effect other (Specify)
6. CHECK IF THESE REGULATIONS REC}UIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY pR ENTITY
❑ Department pf finance (Form STD. 399) (SAM §66607 ~ Fair Political Practices Commission ~ State Fire Marshal
Section 25603.3 Warnings for Specific Consumer Products Exposure.
(fl Responsibility to :Provide Warnings for Exposure to Bisphenol A from Canned
and Bottled Foods and Beverages.
California after May 10, 2016, that 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
~~
a. State that the canned or bottled food or beverage may result in an
exposure to bisphenol A; and
designation; and
c. Provide, or offer to provide, to the retail seller, at no cost, a sufficient
number of point-of-sale warninc,~signs that satisfy the requirements of
subsection (q).
(2) If a retail seller receives a notice pursuant to subsection (1)~A)2., the retail seller
of the retail seller.
~A) Where a retail seller complies with all the provisions of subsections (f) and (t,~,
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.
n fal. "
beverages" means foods and beverages packaged in hermetically sealed, durable
metal or glass containers, including, but not limited to, those cantainin fg runs'
vegetables, soups, pasta products, milk, soda, and alcoholic beverages.
U For purposes of subsection (~ and subsection (g~, "point of sale" means the area
websites.
~5} This subsection shall become inoperative one year after the date of adoption
unless reenacted by the lead agency.
(g) Warnings for Exposure #o 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
x(31, that contain bisphenol A shall be provided at each point of sale, as defined in
(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 tBPA), a chemical known to the State of California to cause harm to the
female reproductive system. Jar lids 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 qo to:
www. P65Warnings.ca.govlBPA.
(3) This subsection shall become inoperative one year after the date of adoption
unless reenacted by the lead agencydesians. or devices at the point of sale. as to render it likely to be read and
NOTE: Authority cited: Sections 25249.12 and 25249.11(f), Heaith and Safety Code.
Reference: Sections 25249.6, 25249.7(k) and 25249.11, Health and Safety Code.