- As previously covered on this blog, BPA was added to the Prop 65 list as a reproductive toxicant in May 2015, with an effective date in May 2016. On April 18, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) implemented an emergency rulemaking that allowed the use of point-of-sale (POS) signage to indicate exposures from BPA present in cans, lids, and caps of packaged food and beverages at retails stores until October 17, 2016. As also reported on this blog, OEHHA issued a proposed rule on July 22, 2016, that would permit the POS signage for BPA until December 30, 2017.
- On December 2, 2016, OEHHA finalized its regulation regarding POS warnings for foods and beverages packaged in cans or with lids or caps that can cause exposures to BPA. POS warnings will be permitted for such foods and beverages until December 30, 2017. After that date, manufacturers will need to provide warnings pursuant to the more general clear and reasonable warning provisions of the regulations, unless OEHHA further extends the expiration date for use of POS warnings. To rely on the signage as a safe harbor, however, OEHHA is requiring that manufacturers submit information to OEHHA (and is “encouraging” manufacturers to do so by the end of the year) for inclusion in an online database of products. The POS signage will not apply to products with cans, lids, or caps containing BPA if they are not listed in the database. Additional details on the final rule are summarized in Keller and Heckman’s news alert here.
- Keller and Heckman LLP attorneys actively advise clients on compliance issues and enforcement actions related to California’s Prop 65. Should you have any questions, please feel free to email us at prop65@khlaw.com.