Cal. Code Regs. tit. 27 § 25607.2

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 25607.2 - [Operative 1/1/2025] Food Exposure Warnings - Content

(a) A warning for food exposures, including dietary supplements, meets the requirements of this subarticle if it is provided via one or more of the methods specified in Section 25607.1 and includes all the following elements:

(1) The word "WARNING:" in all capital letters and bold print.

(2) For exposure to a listed carcinogen, the words, "Consuming this product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov/food."

(3) For exposure to a listed reproductive toxicant, the words, "Consuming this product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food."

(4) For exposure to both listed carcinogens and reproductive toxicants, the words, "Consuming this product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food."

(5) For exposure to a chemical that is listed as both a carcinogen and a reproductive toxicant, the words, "Consuming this product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food."

(6) Where a warning is being provided for an exposure to a single chemical the words "chemicals including" may be deleted from the warning content set out in subsections (2), (3) and (5).

(b) A warning for food exposures to acrylamide meets the requirements of this subarticle if it is provided:

(i) in accordance with subsection (a), or,

(ii) via one or more of the methods specified in Section 25607.1 and complies with either (1) or (2) below.

(1) The words "WARNING:" or "CA WARNING:" or "CALIFORNIA WARNING:" in all capital letters and bold print, followed by the words, "Consuming this product can expose you to acrylamide, a probable human carcinogen formed in some foods during cooking or processing at high temperatures. Many factors affect your cancer risk, including the frequency and amount of the chemical consumed. For more information including ways to reduce your exposure, see www.P65Warnings.ca.gov/acrylamide."

(2) The words "WARNING:" or "CA WARNING" or "CALIFORNIA WARNING:" in all capital letters and bold print, followed by the language in subsections (A) and (B). Optional language in subsection (C) may be added. "United States" may be abbreviated as "US" and the words "Environmental Protection Agency" as "EPA".

(A) The words, "Consuming this product can expose you to acrylamide," or the words "Consuming this product can expose you to acrylamide, a chemical formed in some foods during cooking or processing at high temperatures."

(B) At least one of the following sentences:

(i) "The International Agency for Research on Cancer has found that acrylamide is probably carcinogenic to humans."

(ii) "The United States Environmental Protection Agency has found that acrylamide is likely to be carcinogenic to humans."

(iii) "The United States National Toxicology Program has found that acrylamide is reasonably anticipated to cause cancer in humans."

(C) The content in (A) and (B) may be followed by one or more of the following sentences:

(i) "Acrylamide has been found to cause cancer in laboratory animals."

(ii) "Many factors affect your cancer risk, including the frequency and amount of the chemical consumed."

(iii) "For more information including ways to reduce your exposure, see www.P65Warnings.ca.gov/acrylamide."

Cal. Code Regs. Tit. 27, § 25607.2

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 25249.6 and 25249.11, Health and Safety Code.

1. New section filed 8-30-2016; operative 8/30/2018 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 36).
2. Change without regulatory effect amending subsection (a)(1) filed 1-9-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 2).
3. Amendment of subsection (a)(6) filed 11-20-2017; operative 8/30/2018 pursuant to Government Code section 11343.4(b)(2) (Register 2017, No. 47).
4. Change without regulatory effect amending section heading filed 8-30-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 35).
5. New subsections (b)-(b)(2) filed 10-26-2022; operative 1/1/2023 (Register 2022, No. 43).
6. Amendment of subsections (b)-(b)(1) and new subsections (b)(2)-(b)(2)(C)(iii) filed 10-4-2024; operative 1/1/2025 (Register 2024, No. 40).