On March 17, 2016, OEHHA publish notice of Emergency Action to Amend Section 25603.3 Title 27, California Code of Regulations Warnings for Exposures to Bisphenol A From Canned and Bottled Foods and Beverages.

On May 11, 2015, bisphenol A (BPA) was added to the Proposition 65 list of chemicals known to cause reproductive toxicity.  Effective May 11, 2016, warnings are required for all exposures to BPA unless the person causing the exposure can show that the exposure is1,000 times below the no observed effect level for the chemical. OEHHA is proposing to promulgate an emergency regulation to allow temporary use of a standard point-of-sale warning message for BPA exposures from canned and bottled foods and beverages.

OEHHA understands that many canned and bottled food and beverages can cause exposures to varying amounts of BPA. These canned and bottled foods and beverages do not currently carry Proposition 65 warnings because no warning is required for BPA exposures until May 11, 2016. OEHHA also understands that some canned food and beverage manufacturers are moving toward the reduction or elimination of the use of BPA, or have recently done so, and the need for warnings for these products will likely decrease over time.  Any changes made by manufacturers will not immediately affect existing retail inventories, however, because many canned foods and beverages have a “shelflife” of up to three years.  These regulations address the interim period during which manufacturers will take a variety of approaches in response to the new warning requirement.

The proposed Warning as below:

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 linings. 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 would expire after 180 days.  During that period, OEHHA will commence a regular rulemaking process to adopt the regulation as an interim measure for a one-year period from date of adoption.  This time period should be sufficient to ensure an orderly transition to providing warnings for BPA exposures, and for manufacturers to reduce or eliminate exposures to BPA by switching to safer alternatives where feasible.