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In re:
Office of Environmental Health Hazard
Assessment
Regulatory Action:
Title 27, California Code of Regulations
Adapt sections:
Amend sections: 25603.3
Repeal sections:AMENDED NOTICE OF APPROVAL OF
EMERGENCY REGULATORY ACTION
Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2016-0926-02
OAS Matter Type: Emergency Readopt (EE)
On May 11, 2015, the Office of Environmental Health Hazard Assessment added
bisphenol A (BPA) to the list of chemicals known to the state to cause reproductive
toxicity pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986
(Proposition 65). OEHHA submitted this emergency action to readopt the amendments
to section 25603.3 of title 27 of the California Code of Regulations made in OAS file no.
201.6-0408-02E. The amendments to section 25603.3 add provisions that, if followed,
are deemed to comply with the Proposition 65 warning requirements for BPA.
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 1 0/1 7120 1 6 and will expire on
1/181201?. The Certificate of Compliance for this action is due no later than 1/17/2017.
Date: October 7, 2016 ~~,,~~.,~,~ ~„ ,
Richard L. Smith
Senior Attorney
For: Debra M. Cornez
Director
Original: Lauren Zeise
Copy: Monet Vela
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OAL ~1LE NOTICE FILE NUMBER REGULATORY ACTION NUMBER EMERGENCY NUMBERNUMBERS , Z, 
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NOTICEREGULATIONSE CY WITH RULEMAKING AUTHORITY
~ -~'i~e t~ ~n~'~rt~nv~~rt~~.1 t~~~.(-~~ t-~2~rd .~-~s~~sr~e
A. PUBLICATION OF NOTICE (Complete for publicateon in Notice Register)1 . SUBJECT OF NOTICF riri crc, F~aRr cFor use by Secretary of State only
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v. ivv ~ i~,~ i r rc 4. AGENCY CONTACT PERSON 1 tLtl'HUNt NUMtitK rnn ivvrv~ocn ~vNu~~~Qy
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Regulatory Action ❑Other
OA~. ~S~ ~A'G~T~ON ON PROPDSED NO'f ICE. ~~~~7 r p ~t,cG,rTER Nt1td9E.t2 ~'~JBI_~ ~ ftpAt qFT!~
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B. SUBMISSION OF REGULATIONS (Complete when submitting regulations)
1a. SUBJECT OF REG,y~ TIO 1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)
5~'V~i i~~~► '01 A—Proposition 6 ar ing Requirements `~ ~_Z~„~~ 2016-0408-02E
2. SPECIFYCAUFORNIACODEOfREGUlATlO
SECTION(5) AFFECTED
(List all section numbers)
individually.. Attach
additional sheet if needed.)
TIT~E(S}
2~For use by Office of Administrative Law
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TITLE(5) ANO SECTIONS) (Including title 26, if toxics related)
256033
3. TYPE OF FILING
Regular Rulemaking (Gov. ~ Certificate of Compliance: The agency officer named Emergency Readopt (Gov. Changes Without Regulatory Code ~7 7346) below certifies that this agency complied with the ~ Code, §11346.1(h)) ~ Effect (CaI. Code Regs., title Resubmittal of disapproved or provisions of Gov. Code §§11346.2-1 1347.3 either t, §100) withdrawn nonemergency before the emergency regulation was adopted or ~ file &Print ~ Print Onfyfiling (Gov. Code ~§113493, within the time period required by statute.71349.4)
Emergency (Gov. Code, ~ Resu6mittal of disapproved or withdrawn ~ Other (Specify)§t 1346.7 (b)) emergenty filing (Gov. Code,'411346.7 )
4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS ANDIOR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. title i, §44 and Gov. Code §i 1347.1)
S. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ i 134; a. I I346.1(d); Cal. Code Regs, tiNe i, §700 )Effective January 1, April 1, July 1, or ~-~~•~ ffective on filing with §700 Changes Without Effective }~~ L ~9 r} yr t f October 1 (Gov. Code §11343A(a)) -Secretary of State ~ Regulatory Effect o[her (Specify} ~J i R ~ ~5i' ~p6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY ~
Department of Finance (Form STD. 399) (SAM §6660) ❑ Fair Political Practices Commission ~ State Fire Marshal
~} Other (Specify)
Monet Vela16) 323-2517(Optionaq
$• I certify that the attached copy of the regulation{s) is a true and correct copyof the regulations) identified on this form, that the information specified on this formis true and correct, and that 1 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.
SIGNATU ~OF AGEN OR D ~ NEE DATE~ ~ur~.
For use by Onceae6th~ .C'c~..~~(~
rative Law (UAL) only
Carol Monahan-Cummings, Chief Cou
Section 25603.3 Warnings for Specific Consumer Products Exposure.
(~ Responsibility to Provide Warnings for Exposure to Bisphenol A from Cannedand Bottled Foods and Beverages.
(1) Notwithstanding any other provision of sections 25603, 25603.1, 25603.2, and25603.3, canned and bottled foods and beverages that are offered for retail sale inCalifornia after May 10, 2016, that contain bisphenol A, are deemed to comply withthe warning requirements of section 25249.6 of the Act if the following provisions aremet:
(A) The manufacturer, producer, packager, importer or distributor of the canned andbottled food ~r beverage either:
1. Affixes a label to the product bearing a warning that complies with section25603.2(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 anexposure to bisphenol i4; 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 sufficientnumber of point-of-sale warning signs that satisfy the requirements ofsubsection (g).
(2) If a retail seller receives a notice pursuant to subsection (1)(A~2., the retail sellermust post a warning sign that satisfies subsection (g) at each point of sale in theretail facility. The placement and maintenance of warning signs is the responsibilityof 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 requirementsof 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 (fl and subsection (g), "canned and bottled foods andbeverages" means foods and beverages packaged in hermetically sealed, durablemetal or glass containers, including, but not limited to, those containing fruits,vegetables, soups, pasta products, milk, soda, and alcoholic beverages.
(4) For purposes 4f subsection (f} and subsection (g), "point of sale" means the areawithin a retail facility where customers pay for foods and beverages, such as thecash register. or checkout line where the warning sign is Jikely to be seen andunderstood, prior to the consumer purchasing the canned or bottled food orbeverage. Point of sale also includes electronic checkout functions on Internetwebsites.
~5)
. Subsection (f) will become inoperative oneyear after the date of adoption.
{g) Warnings for Exposure to Bisphenol A from Canned and Bottled Foods andBe~e~ages.
(1) Method of Transmission:
Warnings for canned and bottled foods and beverages, as defined in subsection(f} (3), .that. contain bisphenol A shall. be .provided at each. paint of sale, as defined insubsection (f)(4), by posting a warning sign that includes the language set out insubsection {g)(2). Such warning signs must be no smaller than 5 by 5 inches and bedisplayed. 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 andunderstood by an ordinary individual prior to .purchase of the. products that containbisphenol A. For products sold over the Internet, the warning must be prominentlydisplayed to the purchaser either on the product display page or otherwise on awebpage 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 bisphenolA (BPA), a chemical known to the State of California to cause harm to thefemale reproductive system. Jar lids and bottle caps may also contain BPA.You can be exposed to BPA when you consume foods or beveragespackaged in these containers. For more information go to:www.P65Warnings.ca.gov/BPA.
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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.