California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 5 - Extent of Exposure › Section 25506 - Exposures to Acrylamide in Cooked or Heat Processed Foods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person
				  otherwise responsible for an exposure to acrylamide in a food does not "expose"
				  an individual within the meaning of Section
				  25249.6 of the Act, to the extent
				  the chemical was created by cooking or other heat processing, if the
				  manufacturer of the food has reduced the levels of acrylamide to the lowest
				  level currently feasible by utilizing applicable practices recommended in Codex
				  Alimentarius Code of Practice for the Reduction of Acrylamide in Foods CAC/RCP
				  67-2009 (2009), hereby incorporated by reference.
(b) Nothing in this section shall preclude a
				  person otherwise responsible for an exposure to acrylamide in a food from using
				  evidence, standards, risk assessment methodologies, principles, assumptions, or
				  levels described in Articles 7 and 8 to establish a concentration for
				  acrylamide in a food that is created by cooking or other heat processing that
				  is different from the concentrations provided in subsection (d)(4).
(c) Nothing in this section shall apply to
				  parties to a court-ordered settlement or final judgment entered before April 1,
				  2022 to the extent that such settlement or judgment establishes a concentration
				  of acrylamide in a specific product that is different from the concentrations
				  provided in subsection (d)(4).
(d)
				  The concentration levels for acrylamide in foods in this subsection are deemed
				  to comply with subsection (a) if both the average concentration and unit
				  concentration are less than or equal to those listed in subsection (d)(4).
(1) In this subsection, 'unit concentration'
				  is the concentration of acrylamide measured in a single food item or individual
				  packaged unit, such as a bag, box, or carton, of the specific food product in
				  the form the product is sold to consumers in California. The unit concentration
				  is based on a representative composite sample taken from the individual
				  packaged unit.
A 'representative composite sample' is made up of portions
					 of the food in the same proportion as in the whole individual packaged unit,
					 e.g., equivalent proportions of crust and crumb (the inner portion) in the
					 sample as in the whole loaf of bread.
(2) In this subsection, 'average
				  concentration' refers to the average of unit concentrations measured. The
				  average concentration is determined by adding together the unit concentrations
				  of at least five samples taken over a period of no less than 60 days with no
				  less than 10-day intervals between sampling and then dividing this total by the
				  total number of samples.
(3) The
				  measurement of the concentrations described in subsection (d) must be conducted
				  by a chemical analysis laboratory with International Organization for
				  Standardization (ISO)/International Electrotechnical Commission (IEC) standard
				  ISO/IEC 17025 accreditation.
(4)
				  Acrylamide concentrations are given in the table below in parts per billion by
				  weight (ppb).
Foods/Food groups
Maximum average concentration
							 (ppb)
Maximum unit concentration
							 (ppb)
Almonds, specifically roasted almonds and
							 chocolate-covered roasted almonds
225
---
Bread, including loaves, rolls, buns, baguettes:
---
a. non-wheat-based products
100
b. wheat-based products
50
Cookies:
a. animal and animal crackers (sweet)
75
100
b. thin and crispy
281
300
c. sandwich wafers
115
---
Crackers, specifically savory crackers, including
							 crispbread
350
490
Potato or sweet potato products:
a. French fried potatoes
280
400
b. sliced chips
281
350
c. all other products, including hash browns and potato
							 puffs
350
490
Waffles
280
---