Information about http://www.oehha.org/prop65/wkgrp/pdf/homeworkmatrix081508.pdf

Proposition 65 Food Warning…

Tags: attorney general, august 1, cash register, compliance, general warning, homework, matrix discussion, proposition 65, retail store, warning point, warning system,
Pages: 7
Language: english
Created: Fri Aug 15 09:53:45 2008
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                                        Proposition 65 Food Warning Workgroup
                                       August 1, 2008 Homework Responses Matrix
        Discussion   Specific Methods         "Trigger"                  Chemical-Specific   General Warning
Point                for Providing Retail     Mechanism Issues           Warnings            Provided in the

                     Warnings                                                                Retail Store

Stakeholder 
Attorney General's   Retailers are not        - Handouts with            Warning system      Product-specific
Office               exempt; this             prominent sign.            must be product-    information must be
                     workgroup process        - Warnings printed         specific.           provided at the store
                     cannot give them an      at cash register.
                     exemption.               - Kiosks (one or
                                              more) with
                     Define compliance        information, but
                     so that if a valid       product must have
                     warning system is        trigger such as logo
                     developed and            (sign in store
                     applied, accidental      explains logo).
                     breakdown that is
                     quickly remedied
                     will not subject
                     retailer to liability.




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                                      Proposition 65 Food Warning Workgroup
                                     August 1, 2008 Homework Responses Matrix
        Discussion   Specific Methods       "Trigger"              Chemical-Specific        General Warning
Point                for Providing Retail   Mechanism Issues       Warnings                 Provided in the

                     Warnings                                                               Retail Store

Stakeholder 
Department of        Warning should be      If warning is not at   If information is        At minimum should
Public Health        at or near the point   location of product,   electronic, customer     inform customer that
                     of consumer choice.    must be indicator at   could scan the item      product contains
                     Customer choice        that location of       and have                 chemical known to
                     should be preserved.   existence of warning   information appear       cause cancer or
                     Could be electronic    elsewhere. Indicator   on screen or piece of    reproductive toxicity.
                     or in paper form,      such as small yellow   paper. If not            Additional
                     could use bar code     triangle.              electronic,              information is up to
                     system, but must be                           information should       manufacturer.
                     easy to retrieve,                             be organized
                     taking little time.                           according to
                                                                   categories, such as is
                                                                   used to organize
                                                                   aisles.




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                                      Proposition 65 Food Warning Workgroup
                                     August 1, 2008 Homework Responses Matrix
        Discussion   Specific Methods       "Trigger"                Chemical-Specific    General Warning
Point                for Providing Retail   Mechanism Issues         Warnings             Provided in the

                     Warnings                                                             Retail Store

Stakeholder 
CLEEN, ELF,          3-step system:         Icon or flag             Chemical-specific    Sample warning
Consumers Union      1. Generic,            supported by public      information should   language provided,
                     conspicuous store      education. Icon          be provided, in      see copy below.
                     signs.                 could be located on      conjunction with
                     2. on-package flag     price tag, but this      and secondary to
                     or icon ("glyph").     places more burden       product-specific
                     3. Pamphlet or kiosk   of warning on            information.
                     with further           retailers. Icon should
                     information.           include chemical
                     Program to be          specific information
                     introduced with        such as a letter
                     public information     identifying chemical
                     campaign written by    (e.g. L=lead)
                     OEHHA or by
                     manufacturer or
                     retailer subject to
                     approval by
                     OEHHA.




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                                       Proposition 65 Food Warning Workgroup
                                      August 1, 2008 Homework Responses Matrix
        Discussion   Specific Methods         "Trigger"                  Chemical-Specific      General Warning
Point                for Providing Retail     Mechanism Issues           Warnings               Provided in the

                     Warnings                                                                   Retail Store

Stakeholder 
American Beverage    - General in-store       -On-product or shelf       -Appropriate to put    -General warning
Association          warning signs.           flag could make            on internet page,      language
                     - Detailed               customer worry that        poster, brochure, or   recommended by
                     information on           product is unsafe          register receipts.     GMA is most
                     internet.                w/o reading all            -Warning may           appropriate for retail
                     - If stores willing,     information.               identify chemical in   level.
                     could do kiosk,          -Education efforts to      product or identify
                     poster or brochure.      teach customers            food types or
                     - OEHHA must             about flag may             product names as
                     make clear warning       detract from               chemical-specific
                     methods only             teachings about            warning
                     examples, do not         cancer and
                     exclude other clear      reproductive
                     and reasonable           toxicity.
                     warning methods.
Whole Foods          -Paper handout and       Not practical to use       Handout w/four         See previous
Market               prominent wall sign.     "triggers". Handout        columns:               columns.
                     -Could also allow        or wall sign should        -Name or category
                     customer to view         be sufficient.             of product;
                     warning at a kiosk                                  -Chemical,
                     and print it or e-mail                              -specify toxicity of
                     it to self.                                         concern;
                                                                          -additional
                                                                         information or
                                                                         comments (i.e.
                                                                         referring to
                                                                         websites)



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                                      Proposition 65 Food Warning Workgroup
                                     August 1, 2008 Homework Responses Matrix
        Discussion   Specific Methods        "Trigger"                Chemical-Specific   General Warning
Point                for Providing Retail    Mechanism Issues         Warnings            Provided in the

                     Warnings                                                             Retail Store

Stakeholder 
Grocery              -Not practicable to     -In-store general        -Warnings should    -System must be
Manufacturers        determine particular    warning only,            provide general     easy for retailers to
Association          food products that      trigger mechanisms       categorical         implement.
                     require a warning.      don't work.              information, not    -Warning must be
                     -Use media                                       product-specific.   provided prior to
                     campaign.                                                            exposure, not
                     -Provide choice of                                                   purchase.
                     methods such as:                                                     -Cancer and repro
                     flyers or brochures,                                                 toxicity are chronic,
                     sign or poster, sign                                                 require multiple
                     at cash register,                                                    exposures so
                     notice at kiosk,                                                     warnings need not be
                     statement on receipt.                                                given before
                     -Website with more                                                   purchase. Post-
                     information.                                                         purchase warning
                     -Sample warning                                                      will address relevant
                     included in                                                          exposures.
                     response, see copy
                     below.




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                                         Proposition 65 Food Warning Workgroup
                                        August 1, 2008 Homework Responses Matrix

Sample warning provided by CLEEN, ELF, and Consumers Union

                                                             Warnings on Food Labels!
        You may notice that certain food products in this store display this symbol: [reproduce symbol].
        This symbol means that the manufacturer is aware or believes that one or more chemicals listed under California's Proposition
65 is present in the product.
        In 1986, California voters approved an initiative, Proposition 65, to address their growing concerns about exposure to toxic
chemicals. Prop. 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm.
This list, which must be updated at least once a year, has grown to include approximately 775 chemicals since it was first published in
1987. The list contains a wide range of naturally occurring and synthetic chemicals, including additives or ingredients in food. Listed
chemicals may also be used in manufacturing, or they may be byproducts of chemical processes.
        By law, a warning must be given for listed chemicals unless exposure is low enough to pose no significant risk of cancer or is
significantly below levels observed to cause birth defects or other reproductive harm.
        By providing this information, Prop. 65 enables Californians to make informed decisions about protecting themselves from
exposure to these chemicals. Since it was passed in 1986, Prop. 65 has increased public awareness about the adverse effects of
exposures to listed chemicals. For example, Prop. 65 has resulted in greater awareness of the dangers of alcoholic beverage
consumption during pregnancy. Alcohol consumption warnings are perhaps the most visible health warnings issued as a result of
Proposition 65.
                                                           Prop. 65 Chemicals in Food
        Of the hundreds of chemicals listed under Prop. 65, relatively few are present in your food at levels that require warning.
Currently, chemicals that have been proven to be present in food in amounts that exceed the Prop. 65 thresholds include acrylamide,
mercury, lead and yaddayadda.
        One brief paragraph on each chemical. This is where the chemical-specific info discussed in Question 3 goes.)

                                                            Your grocery cart
       If you have selected any products that display the Prop. 65 icon, you might want to find out which chemical is present in that
product and at what level. To do so, take the product to the Prop. 65 kiosk at the front of the store. There is a bar code scanner at the
kiosk. When you scan the bar code on the product, information will be displayed on the screen. Alternatively, you can look up your
product on an alphabetized list in a booklet attached to the kiosk. If the booklet is missing or the scanner is inoperable, please see the
store manager on duty.




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                                          Proposition 65 Food Warning Workgroup
                                         August 1, 2008 Homework Responses Matrix

                                                          More information
        The Office of Environmental Health Hazard Assessment (OEHHA) administers the Prop. 65 program. OEHHA, which is part
of the California Environmental Protection Agency (Cal/EPA), also evaluates all currently available scientific information on
substances considered for placement on the Prop. 65 list.
        For general information, you may contact OEHHA's Proposition 65 program at (916) 445-6900, or visit
http://www.oehha.ca.gov/prop65.html. For enforcement information, contact the California Attorney General's Office at (510) 622-
2160, or visit http://caag.state.ca.us/prop65/index.htm.


Sample warning provided by Grocery Manufacturers Association:

                                                       PROPOSITION 65 WARNING
California's Proposition 65 requires warnings to consumers for products that contain any of over 800 chemicals identified by the State as
having the potential to cause cancer or reproductive harm. Most food products contain one or more such chemicals created by cooking,
naturally occurring, or added.
   ·   Chemicals Created By Cooking. Prop 65 chemicals may be created when foods are cooked, including when they are browned or
       broiled. These chemicals are not deliberately added to foods, and are created no matter whether the cooking is in a food processing
       facility, restaurant, or your kitchen. The levels of chemicals created vary widely, depending on such factors as constituents of the
       raw food and conditions of cooking.
   ·   Naturally Occurring Chemicals. Some Prop 65 chemicals in food result from minerals or organisms naturally present in the
       environment where the food is grown (e.g., lead) is in some soils where fruits and vegetables are grown; mercury present in the
       ocean may be in certain fish. Some chemicals in the environment occur naturally, others are present due to human activity (e.g.
       components of auto exhaust). Both may be present, in varying degrees, in food.
   ·   Chemicals Added to Foods. Some chemicals are added during the process of growing or processing foods ­ usually to enhance
       growth, shelf-life, appearance, taste or food safety.
There is wide variation in the level and source of chemicals present, the risk, the potential health benefits and other characteristics
associated with any given food. You can obtain further information about Prop 65 chemicals in foods by visiting the websites
operated by the California Office of Environmental Health Hazard Assessment, at [WEBSITE], and the U.S. Food & Drug
Administration, at www.fda.gov, or write to ____.



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