CALIFORNIA ENVIRONME NTAL PROTECTION AGEN CY 
OFFICE OF ENVIRONMEN TAL HEALTH HAZARD AS SESSMENT  
 
SAFE DRINKING WATER AND TOXIC ENFORCEMEN T ACT OF 1986  
PROPOSITION 65  
 
NOTICE OF PROPOSED R ULEMAKING  
TITLE 27, CALIFORNIA  CODE OF REGULATIONS  
 
PROPOSED ADOPTION OF NEW SECT ION UNDER ARTICLE 7  
NO SIGNIFICANT RISK LEVELS  
SECTION 25704 EXPOSU RES TO LISTED CHEMICALS IN COFFEE  
POSING NO SIGNIFICAN T RISK  
 
June 2 2, 2018  
 
NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard 
Assessm ent (OEHHA) proposes to add a new section to Article 7 of Title 27 of the 
California Code of Regulations1, section  25704, stating that exposures to Proposition 
652 listed chemicals in coffee that are produced as part of and inherent in the processes 
of roasting coffee beans and brewing coffee pose no significant risk of cancer.   
 
PUBLIC PROCEEDINGS  
 
Public Hearing  
A public hearing will be held on August 16 , 2018 , at which time any person may make 
comments orally or in writing on the proposed action described in this notice.  The 
public hearing will commence at 10 AM in the Sierra Hearing Room , California 
Environmental Protection Agency Building, 1001 I Street, 2nd Floor, Sacramento, 
California and will last until all business has been conducted or 2 pm.  
 
Written Comment Period  
Any written comments concerning this proposed regulatory action, regardless of the 
form or method of transmission, must be received by OEH HA by 5 p.m. on August 30 , 
2018, the designated close of the written comment period.  All comments will be posted 
on the OEHHA website at the close of the public comment period.  
 
The public is encouraged to submit written information electronically, rather than in 
paper form. Comments may be submitted electronically through our website at 
                                                           
1 All further references are to sections of Title 27, Cal. Code of Regs., unless indicated otherwise.   
2 Health and Safety Code section 25249.5 et seq., The Safe Drinking Water and Toxic Enforcement Act of 
1986, commonly known as “Proposition 65”.  Hereafter referred to as “Proposition 65” or “the Act”.  https://oehha.ca.gov/comments .  Comments submitt ed in paper form can be mailed, 
faxed, or delivered in person to the address below.  
 
All submissions should be directed to:  
 
Monet Vela  
 Office of Environmental Health Hazard Assessment  
 P. O. Box 4010  
 Sacramento, California 95812 -4010  
 Telephone: 916 -323-2517  
 Fax:  916 -323-2610  
  
Please be aware that OEHHA is subject to the California Public Records Act and other 
laws that require the release of certain information upon request.  If you provide 
comments, please be aware that your name, address and e -mail may be available to 
third parties.  
 
CONTACT  
 
Please direct inquiries concerning the proposed regulatory action described in this 
notice to Monet Vela at (916) 323 -2517, or by e -mail to monet.vela@oehha.ca.gov .  
Carl DeNigris  is a back -up contact person for inquiries concerning processing of this 
action and is available at (916) 322-5624 or carl.denigris@oehha.ca.gov . 
 
AUTHORITY  
 
Health a nd Safety Code section 25249.12 . 
 
REFERENCE  
 
Health and Safety Code sections 25249.6  and 25249.10 . 
 
INFORMATIVE D IGEST/POLICY STATEMENT OVERVIEW  
 
OEHHA is the lead state agency that implements Proposition 65  and has the authority 
to promulgate and amend regulations to further the purposes of the Act.  The  Act 
requires  businesses  to provide a clear and reasonable  warning  before  they cause  an 
exposure  to a chemical listed  as known  to the state  to cause cancer  or reproductive  
toxicity .3  Coffee, a unique and complex chemical mixture made from the roasted seeds 
                                                           
3 Health and Safety Code section 25249.6  of the coffee plant, contains many different compounds, including carcinogens listed 
under Proposition 65 , and anticarcinogens .  The International Agency for Research on 
Cancer  (IARC )—the only Proposition 65 authoritative body  to have evaluated coffee —
concluded that coffee  consumption  is not classifiable as to its overall carcinogenicity 
and is associated with reduced risk of certain cancers in humans.  These findings are 
contained in  Volume 116 of the IARC Monographs on the Evaluation of Carcinogenic 
Risks to Humans: Drinking Coffee, Mate, and Very Hot Beverages , released on June 
13, 2018.  
 
OEHHA has determined that exposures to Proposition 65 listed chemicals in coffee that 
are produced as part of and inherent in the processes of roasting coffee beans and 
brewing coffee pose no significant risk of cancer.   The proposed regulation would clarify 
this determination.    
 
Anticipated Benefits of the Proposed Regulation  
The pr oposed regulation will further the goals of the authorizing statute by clarifying that 
there is no significant cancer risk resulting from exposures to listed carcinogens in 
coffee that are created by and inherent in the processes of roasting coffee beans o r 
brewing coffee.  The regulation provides guidance to businesses concerning whether 
they need to provide Proposition 65 warnings for coffee.  This regulation will therefore 
benefit the health and welfare of California residents by helping to avoid cancer 
warnings for chemicals  in coffee that do not pose a significant cancer risk.   
 
No Inconsistency or Incompatibility with Existing Regulations  
 
OEHHA has determined that the proposed regulato ry action is neither inconsistent nor 
incompatible with any o ther existing state regulations because it provides compliance 
assistance to businesses subject to the Act, but does not impose any mandatory 
requirements on those businesses, state or local agencies and does not address 
compliance with any other law or re gulation.   
 
LOCAL MANDATE/FISCAL IMPACT  
 
Because Proposition 65 by its terms4 does not apply to local agencies or school 
districts, OEHHA has determined the proposed regulatory action would not impose a 
mandate on loc al agencies or school districts.   There are also no costs to any local 
agency or school district requiring reimbursement under Part 7 (commencing with 
Section 17500) of Division 4 of the Government Code  because Proposition 65 does not 
                                                           
4 See Health a nd Safety Code section 25249.11(b).  apply to these facilities .5  OEHHA has also determined that no nondiscretionary costs or 
savings to local agencies or school districts will result from the proposed regulatory 
action, nor will there be any costs or savings to the state because of the proposed 
regulatory action.  There are also no costs or savings in federal funding to the state.  
 
EFFECT ON HOUSING COSTS  
 
OEHHA has initially determined that the proposed regulatory action will have no effect 
on housing costs because it does not impose any new mandatory requirements on any 
business.  
 
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING 
BUSINESS, INCLUDING ABILITY TO COMPETE  
 
The proposed regulation clarifies that Proposition 65 listed chemicals in coffee pose no 
significant risk of cancer.  It does not impose  any mandatory requirements on 
businesses .  OEHHA has therefore made an initial determination that the adoption of 
this regulation  will not have a significant statewide adverse economic impact directly 
affecting businesses, including the ability of Califor nia businesses to compete with 
businesses in other s tates.  
 
RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code section 11346.3(b))  
 
Creation or Elimination of Jobs within the State of California  
 
This regulatory action will not impact the creation or elimination of jobs within the State 
of California because it does not create additional compliance requirements.  The 
regulatory action simply clarifies that Proposition 65 listed chemicals in coffee pose no 
significant cancer risk.  
Creation of New Businesses or Elimination of Existing Businesses within the 
State of California  
 
This regulatory action will not impact the creation of new businesses or the elimination 
of existing businesses within the St ate of California because it does not create 
additional compliance requirements.  It simply clarifies that exposure to Proposition 65 
chemicals in coffee  pose no significant cancer risk. 
 
 
                                                           
5 Health and Safety Code section 25249.11(b)  The Expansion of Businesses Currently Doing Business within the State  
 
This regulatory action will not impact the expansion of businesses within the State of 
California  because it does not create additional compliance requirements.  It simply 
clarifies that exposure to Proposition 65 chemicals  in coffee  pose no signifi cant cancer 
risk. 
 
Benefits of the Proposed Regulation  
The proposed regulation will further the goals of the authorizing statute by clarifying that 
there is no significant cancer risk resulting from exposures to listed carcinogens in 
coffee that are created by and inherent in the processes of roasting coffee beans or 
brewing coffee.  The regulation provides guidance to businesses concerning whether 
they need to provide Proposition 65 warnings for coffee.  This regulation will therefore 
benefit the hea lth and welfare of California residents by helping to avoid cancer 
warnings for chemicals in coffee that do not pose a significant cancer risk.  
 
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS  
 
OEHHA is not aware of any cost impacts that a representative private person or 
business would necessarily incur in reasonable compliance with the proposed 
regulatory action.  The action  does not impose any new requirements upon private 
persons or business es. 
 
EFFECT ON SMALL BUSINESSES  
 
The proposed regulatory action will not adversely impact very small businesses 
because Proposition 65 is limited by its terms to businesses with 10 or more 
employees6 and the action does not impose any new requirements upon any business.  
 
 
REASONABLE ALTERNATIVES TO THE REGULATION AND THE AGENCY’S 
REASONS FOR REJECTING THOSE ALTERNATIVES  
 
Pursuant to Government Code section 11346.5(a)(13), OEHHA must  determine  that no 
reasonable alternative  considered by OEHHA, or that has otherwise been identified and 
brought to the attention of OEHHA, would be more effective in carrying out the purpose 
for which the action  is proposed, would be as effective and less burdensome to affected 
businesses  than t he proposed action, or would be more cost -effective to affected 
                                                           
6 Health and Safety Code section 25249.11(b)  businesses and equally effective in implementing the statutory policy or other provision 
of law.  
 
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED 
REGULATIONS  
 
OEHHA has prepared and has available for public review an Initial Statement of 
Reasons for the proposed regulation, all the information upon which the regulation is 
based, and the text of the proposed regulation.  These documents are available on 
OEHHA’s web site at www.oehha.ca.gov . 
 
AVAILABILITY OF CHANGED OR MODIFIED TEXT  
 
The full text of any proposed regulation that is changed or modified from the express 
terms of this proposed action will be made available at least 15 days p rior to the date on 
which OEHHA adopts the resulting regulation.  Notice of the comment period on the 
revised proposed regulation and the full text will be mailed to individuals who testified or 
submitted oral or written comments at the public hearing, who se comments were 
received by OEHHA during the public comment period , and anyone who requests 
notification from OEHHA of the availability of such change.  Copies of the notice and the 
changed regulation will also be available on the OEHHA website at www.oehha.ca.gov . 
 
AVAILABILITY OF THE FINAL STATEMENT OF REASONS  
 
A copy of the Final Statement of Reasons may be obtained, when it becomes available, 
from Monet Vela at the e -mail or telephone number indicated above.  The  Final 
Statement of Reasons will also be available on OEHHA’s website at 
www.oehha.ca.gov . 
 
 
 
OFFICE OF ENVIRONMENTAL  
      HEALTH HAZARD ASSESSMENT  
 
 
 
      Allan Hirsch  
      Chief Deputy Director  
 
Dated : June 22, 2018