View Document - California Code of Regulations
https://govt.westlaw.com/...E514B7B841FEA4E5B4B93E9A2379?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)[1/17/2018 2:01:28 PM]Home  
  Table of Contents
§ 25603.3. Warnings for Specific Consumer Products Exposure. [Operative until August 30, 2018]
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 maybe present 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
practice 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
practice of obtaining the patient's informed consent shall be deemed to be a clear and reasonable warning when any of thefollowing 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; andtherefore, 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 carereasonably believes the procedure should be undertaken immediately; and therefore, there is insufficient time to obtainthe informed consent of a person authorized to give such consent for the patient.
(e) Alcoholic Beverages. For alcoholic beverages, including, without limitation, beer, malt beverages, wine and distilledspirits:
(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,During Pregnancy, 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
 California 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 [Operative Until August 30, 2018. See Also, Article 6, Operative
August 30, 2018.]
27 CCR § 25603.3
§ 25603.3. Warnings for Specific Consumer Products Exposure. [Operative until August 30, 2018]
Home  
 Updates  
 Search  
 HelpView Document - California Code of Regulations
https://govt.westlaw.com/...E514B7B841FEA4E5B4B93E9A2379?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)[1/17/2018 2:01:28 PM]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 section.
(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 widthof the sign one-sixteenth of an inch in thickness. Centered one-half inch below the line shall be the body of thewarning message in 36/50 ITC Garamond bold condensed type face with the initial letter of each word, other than theconjunctive “and,” capitalized. For the body of the warning message, left and right margins of at least one-half of aninch, and a bottom margin of at least one-half inch shall be observed. Larger signs shall bear substantially the sameproportions of type size and spacing to sign dimension as the sign 10 inches 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 boldcondensed type face all in capital letters measuring eleven sixteenths of an inch in height. Three thirty-seconds of aninch from the base of the word “WARNING” shall be a line extending from left to right across the width of the word“WARNING” and the punctuating colon one thirty-second of an inch in thickness. Located one-fourth of an inch fromthe top and one-fourth of an inch from the bottom of the strip notice, and to the immediate right of the word“WARNING,” shall be the body of the warning message in 12/16 point ITC Garamond bold condensed type face withthe initial letter of each word, other than the conjunctive “and,” capitalized. The word “WARNING” shall be one-halfinch from the left edge of the strip notice and the requisite warning message shall extend to within one-half inch fromthe 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 setin white on a contrasting 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 either at each retail point of sale or each point of display. Such sign or notice shall be placed either at all retailpoints of sale or all points of display, but need not be placed at both. If 10 inch by 10 inch signs or notices are placedat the point of display, each shall be placed no more than ten feet from any alcoholic beverage container and in amanner associating the sign or notice with the display. If horizontal strip notices are used, they shall be placed at ten-foot intervals horizontally along the display. If a 5 inch by 5 inch sign is used, it shall be conspicuously placed at eachretail point of sale (e.g., check-out counter, cash register, cash box) so that it is likely to be read and understood duringthe 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 typesize and spacing to 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 or list provided to patrons in association with the listing of food or beverage offerings, in type size anddesign, 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,
placed so that it is readable and likely to be read by patrons as they enter each public entrance to the establishment. Ifthe establishment does not have clearly defined physical boundaries delineating those areas where, by permit orlicense, alcoholic beverages are served, the 10 inch by 10 inch sign shall be posted so that it is readable and likely tobe read by patrons as they enter the area 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
paragraph (e)(2)(D) of this subsection, placed in the retail establishment so that the warning message is, prior to theconsumption 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 toprovide a warning in accordance 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 licensedView Document - California Code of Regulations
https://govt.westlaw.com/...E514B7B841FEA4E5B4B93E9A2379?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)[1/17/2018 2:01:28 PM]© 2018 Thomson Reuters  Privacy  Accessibility  California Office of Administrative Law
premises (e.g., in facilities that offer both “tasting” and retail sales), the off-sale portion of the premises shall comply
with the provisions 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 shippingcontainer or delivery package in such a manner so that the warning message is likely to be read by the recipient priorto 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
clearly 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 its distributor at no cost to the retailer, and any consequences for failure to do the same shall restsolely with the manufacturer or its distributor, provided that the retailer does not remove, deface, or obscure therequisite signs or notices, or obstruct, interfere with, or otherwise frustrate the manufacturer's reasonable efforts topost, maintain, or periodically replace said materials.
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 ofRegulations (Register 2008, No. 36).
2. Change without regulatory effect amending subsection (a) filed 9-12-2012 pursuant to section 100, title 1, California
Code of Regulations (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 berepealed by operation of law on the following day.
4. Editorial amendment of section heading adding operative date (Register 2016, No. 36).5. New subsections (f)-(g)(3) and amendment of Note refiled 10-6-2016 as an emergency, including amendment of
subsections (f)(5) and (g)(3); operative 10-17-2016 pursuant to Government Code section 11346.1(d) (Register 2016, No.41). A Certificate of Compliance must be transmitted to OAL by 1-17-2017 or emergency language will be repealed byoperation of law on the following day.
6. Certificate of Compliance as to 10-6-2016 order, including amendment of subsection (f)(1), new subsections (f)(1)(A)2.-
(f)(1)(A)2.a.iv., subsection renumbering, amendment of newly designated subsections (f)(1)(A)3.b., (f)(2), (f)(5), (g)(1) and(g)(3), transmitted to OAL 10-14-2016 and filed 11-30-2016; amendments effective 1-1-2017 pursuant to GovernmentCode section 11343.4(b)(2) (Register 2016, No. 49).
7. Change without regulatory effect repealing subsections (f)-(g)(3) filed 1-2-2018 pursuant to section 100, title 1, California
Code of Regulations (Register 2018, No. 1).
This database is current through 1/5/18 Register 2018, No. 127 CCR § 25603.3, 27 CA ADC § 25603.3
END OF DOCUMENT © 2018 Thomson Reuters. No claim to original U.S. Government Works.
Documents In Sequence