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§ 25603.3. Warnings for Specific Consumer Products Exposure.
27 CA ADC § 25603.3
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
(a) For food, other than alcoholic beverages, sold, served, or otherwise provided in food facilities, as defined in Health and Safety
Code Section 113789, which is intended for immediate consumption:“WARNING: Chemicals known to the State of California to cause cancer, or birth defects or other reproductive harm may be presen t
in foods or beverages sold or served here.”
(b) For fresh fruits, nuts, and vegetables:
“WARNING: This product may contain a chemical known to the State of California to cause cancer, or birth defects or otherreproductive harm.”
(c) For prescription drugs, the labeling approved or otherwise provided under federal law and the prescriber's accepted practic e of
obtaining a patient's informed consent shall be deemed to be a clear and reasonable warning.
(d) For exposures resulting from emergency or urgent medical or dental care as defined in Section 12102(g), the accepted practi ce
of obtaining the patient's informed consent shall be deemed to be a clear and reasonable warning when any of the following
circumstances exists:
(1) the patient is unconscious; or
(2) the procedure must be undertaken because the licensed medical personnel, licensed dental personnel, or certified
emergency medical personnel responsible for administering the care, as these terms are defined in Sections 25102(q),25102(d), and 25102(b), respectively, reasonably believes that the procedure should be undertaken immediately; and therefore,there is insufficient time to fully inform the patient; or
(3) the procedure must be performed on a person legally incapable of giving consent, and the licensed medical personnel,
licensed dental personnel, or certified emergency medical personnel responsible for administering the care reasonably believesthe procedure should be undertaken immediately; and therefore, there is insufficient time to obtain the informed consent of aperson authorized to give such consent for the patient.
(e) Alcoholic Beverages. For alcoholic beverages, including, without limitation, beer, malt beverages, wine and distilled spiri ts:
(1) The warning message must include the following language:
“WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, DuringPregnancy, Can Cause Birth Defects.”
(2) For beverages primarily intended for consumption off the premises where sold or distributed:
(A) at least one notice or sign, no smaller than 10 inches wide by 10 inches high, and bearing the warning message set forth in
subparagraph (e)(1) of this subsection; or
(B) at least one horizontal strip marker no smaller than 10 1/2 inches wide by 1 1/4 inches high, and bearing the warning
message set forth in subparagraph (e)(1) of this subsection; or
(C) a notice no smaller than 5 inches by 5 inches, and bearing the warning message set forth in paragraph (e)(1) of this sectio n.
(D) If signs 10 inches high by 10 inches wide are used, the word “WARNING” shall be centered three-quarters of an inch from
the top of the sign in ITC Garamond bold condensed type face all in one-inch capital letters. Three-sixteenths of an inch from
the base of the word “WARNING” shall be a line extending from left to right across the width of the sign one-sixteenth of an in ch
in thickness. Centered one-half inch below the line shall be the body of the warning message in 36/50 ITC Garamond boldcondensed type face with the initial letter of each word, other than the conjunctive “and,” capitalized. For the body of theCalifornia Code of Regulations
Barclays Official California Code of Regulations Currentness
Title 27. Environmental Protection
Division 4. Office of Environmental Health Hazard Assessment
Chapter 1. Safe Drinking Water and Toxic Enforcement Act of 1986
Article 6. Clear and Reasonable Warnings
27 CCR § 25603.3
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warning message, left and right margins of at least one-half of an inch, and a bottom margin of at least one-half inch shall be
observed. Larger signs shall bear substantially the same proportions of type size and spacing to sign dimension as the sign 10inches high by 10 inches wide.
(E) If the 10 1/2 inch by 1 1/4 inch horizontal strip markers are used, the word “WARNING,” punctuated by a colon, shall be
justified left and located three-sixteenths of an inch from the top of the strip notice in ITC Garamond bold condensed type fac e
all in capital letters measuring eleven sixteenths of an inch in height. Three thirty-seconds of an inch from the base of the w ord
“WARNING” shall be a line extending from left to right across the width of the word “WARNING” and the punctuating colon onethirty-second of an inch in thickness. Located one-fourth of an inch from the top and one-fourth of an inch from the bottom ofthe strip notice, and to the immediate right of the word “WARNING,” shall be the body of the warning message in 12/16 pointITC Garamond bold condensed type face with the initial letter of each word, other than the conjunctive “and,” capitalized. The
word “WARNING” shall be one-half inch from the left edge of the strip notice and the requisite warning message shall extend to
within one-half inch from the right edge.
(F) If the 5 inch by 5 inch signs are used, they shall bear substantially the same proportions of type size and spacing to sign
dimension as the sign 10 inches high by 10 inches wide, with both the word “WARNING” and the warning text set in white on acontrasting red background.
(G) Such sign or notice shall be placed in the retail establishment so as to assure that it is readable and likely to be read e ither
at each retail point of sale or each point of display. Such sign or notice shall be placed either at all retail points of sale or all
points of display, but need not be placed at both. If 10 inch by 10 inch signs or notices are placed at the point of display, e ach
shall be placed no more than ten feet from any alcoholic beverage container and in a manner associating the sign or notice withthe display. If horizontal strip notices are used, they shall be placed at ten-foot intervals horizontally along the display. I f a 5 inch
by 5 inch sign is used, it shall be conspicuously placed at each retail point of sale (e.g., check-out counter, cash register, cash
box) so that it is likely to be read and understood during the sales transaction.
(H) All measurements specified or referred to in subparagraphs (D), (E) and (F), above, are not required to be precisely
accurate.
(3) Beverages provided for consumption on the premises at tables served by food or beverage persons, or sold or distributed
through over the counter service;
(A) a notice or sign displayed at each of the tables where alcoholic beverages are served or may be consumed at least 5 inches
high by 5 inches wide bearing substantially the same type face and substantially the same proportion of type size and spacingto sign dimension as described in paragraph (e)(2)(F); or
(B) the warning message set forth in subsection (e)(1) of this section, placed upon a menu or list in association with the
alcoholic beverages listed thereon and served at such premises, or if alcoholic beverages are not listed thereon, on any menu o r
list provided to patrons in association with the listing of food or beverage offerings, in type size and design, such that the text is
conspicuous and likely to be read prior to consumption of alcoholic beverages or,
(C) at least one 10 inch by 10 inch sign, meeting the specifications set forth in paragraph (e)(2)(D) of this subsection, place d so
that it is readable and likely to be read by patrons as they enter each public entrance to the establishment. If the establishm ent
does not have clearly defined physical boundaries delineating those areas where, by permit or license, alcoholic beverages are
served, the 10 inch by 10 inch sign shall be posted so that it is readable and likely to be read by patrons as they enter the a rea
or areas where, by permit or license, alcoholic beverages are served; and
(D) If sold or distributed through over-the-counter service, at least one sign, meeting the specifications set forth in paragra ph
(e)(2)(D) of this subsection, placed in the retail establishment so that the warning message is, prior to the consumption of
alcoholic beverages, readable and likely to be read from all counter locations available to the public. Therefore, a retail
establishment providing a warning pursuant to the preceding sentence, also would be required to provide a warning inaccordance with either subparagraph (3)(A), (3)(B) or (3)(C) of this subsection.
(4) For premises which are specially licensed to sell and serve alcoholic beverages both on and off the licensed premises (e.g. ,
in facilities that offer both “tasting” and retail sales), the off-sale portion of the premises shall comply with the provision s of
subsection (e)(2), above, and the portion of the premises where alcoholic beverages are served shall comply with the provisions
of subsection (e)(3), above.
(5) For alcoholic beverages sold or distributed to consumers through the mail or package delivery services, warnings may be
provided by incorporating or placing the warning message set forth in subsection (e)(1) on or in the shipping container or
delivery package in such a manner so that the warning message is likely to be read by the recipient prior to consumption of the
alcoholic beverage(s).
(6) All signs or notices referred to in subsections (e)(2), (e)(3) and (e)(4), above, shall be displayed so that they are clear ly
visible under all lighting conditions normally encountered during business hours.
(7) For alcoholic beverages, the placement and maintenance of the warning shall be the responsibility of the manufacturer or it s
distributor at no cost to the retailer, and any consequences for failure to do the same shall rest solely with the manufacturer  or
its distributor, provided that the retailer does not remove, deface, or obscure the requisite signs or notices, or obstruct, in terfere
with, or otherwise frustrate the manufacturer's reasonable efforts to post, maintain, or periodically replace said materials.
(f) Responsibility to Provide Warnings for Exposure to Bisphenol A from Canned and Bottled Foods and Beverages.V iew Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I60554BAEDCA84EEC8D5...
2 of 4 5/23/2016 1:26 P M(1) Notwithstanding any other provision of sections 25603, 25603.1, 25603.2, and 25603.3, canned and bottled foods and
beverages that are offered for retail sale in California after May 10, 2016, that contain bisphenol A, are deemed to comply wit h
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 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 name or description of the canned or bottled foods or beverages, such as a Universal Product Code
or other 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)2., the retail seller must post a warning sign that satis fies
subsection (g) at each point of sale in the retail facility. The placement and maintenance of warning signs is the responsibili ty of
the retail seller.
(A) Where a retail seller complies with all the provisions of subsections (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 subsection (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 internet websites.
(5) This subsection shall become inoperative one year after the date of adoption unless reenacted by the lead agency.
(g) Warnings for Exposure 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 contain bisphenol A shall be provide d 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 otherwords, statements, designs, or devices at the point of sale, as to render it likely to be read and understood by an ordinary in dividual
prior to purchase of the products that contain bisphenol A. For products sold over the internet, the warning must be prominentl y
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 lids and bottle caps may also contain BPA. You can be exposedto BPA when you consume foods or beverages packaged in these containers. For more information go to:www.P65Warnings.ca.gov/BPA.
(3) This subsection shall become inoperative one year after the date of adoption unless reenacted by the lead agency.
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.
HISTORY
1. Change without regulatory effect adding section filed 9-5-2008 pursuant to section 100, title 1, California Code of Regulati ons
(Register 2008, No. 36).
2. Change without regulatory effect amending subsection (a) filed 9-12-2012 pursuant to section 100, title 1, California Code o fV iew Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I60554BAEDCA84EEC8D5...
3 of 4 5/23/2016 1:26 P M© 2016 Thomson ReutersRegulations (Register 2012, No. 37).
3. New subsections (f)-(g)(3) and amendment of Note filed 4-18-2016 as an emergency; operative 4-18-2016 (Register 2016, No. 17 ).
A Certificate of Compliance must be transmitted to OAL by 10-17-2016 or emergency language will be repealed by operation of law
on the following day.
This database is current through 5/6/16 Register 2016, No. 19
27 CCR § 25603.3, 27 CA ADC § 25603.3
END OF DOCUMENT © 2016 Thomson Reuters. No claim to original U.S. Government Works.V iew Document - California Code of Regulations https://govt.westlaw.com/calregs/Document/I60554BAEDCA84EEC8D5...
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