Tags: attorney general, august 1, cash register, compliance, general warning, homework, matrix discussion, proposition 65, retail store, warning point, warning system,
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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