Warnings for exposures to BPA in food contact materials under Prop 65

On 17 March 2016, the Office of Environmental Health Hazard Assessment (OEHHA) proposed an emergency regulation for Prop 65 that warning label is required for bisphenol A (BPA) from canned and bottled foods and beverages.
 
BPA was added to the Prop 65 list of substances known to the state to cause reproductive toxicity on 11 May 2015. Warning is required to be provided for all exposures to BPA that are not less than 1,000 times below the no observed effect level (NOEL) for the chemical, from 11 May 2016.
 
According to the agency’s notice, many canned and food beverage manufacturers have begun to limit or eliminate BPA from their products. But due to the long shelf life of such products, “a reasonable transition period is needed to avoid consumer confusion and at the same time provide the required warning for significant exposures to BPA”.
 
The emergency action sets forth a “point-of-sale” warning label, to be displayed where a customer pays for products in a retail facility. This is to be no smaller than 5 by 5 inches, and read:
“WARNING: Many cans containing foods and beverages sold here have epoxy linings used to avoid microbial contamination and extend shelf life. Lids on jars and caps on bottles may also have epoxy California agency takes emergency action on BPA under Prop 65 Some of these linings can leach small amounts of bisphenol A (BPA) into the food or beverage. BPA is a chemical known to the State of California to cause harm to the female reproductive system. For more information go to: www.P65Warnings.ca.gov/BPA.”
 
The proposed emergency regulation goes invalid in 180 days, when OEHHA will set out to adopt a one-year imminent measure (starting from the date of passage) as per regular procedures. Furthermore, OEHHA will establish a Maximum Allowable Dose Level (MADL) targeting at oral exposure of BPA and also clarify which products need such warnings. The dermal exposure MDSL for BPA is currently 3μg/d. Written comments on the proposed dermal MADL will be accepted until 16 May.
 
C&K Testing advises businesses to choose authoritative testing body for testing and analysis to identify the contents of the substances listed under Prop 65.

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Further information
Notice of Prop 65
Warnings for exposure to BPA