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§ 25603.3. Warnings for Specific Consumer Products Exposure. [Operative until August 30, 2018]

27 CA ADC § 25603.3BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 27. Environmental Protection
Division 4. Office of Environmental Health Hazard Assessment
Chapter 1. Safe Drinking Water and Toxic Enforcement Act of 1986
Article 6. Clear and Reasonable Warnings [Operative Until August 30, 2018. See Also, Article 6, Operative August 30, 2018.]
27 CCR § 25603.3
§ 25603.3. Warnings for Specific Consumer Products Exposure. [Operative until August 30, 2018]
(a) For food, other than alcoholic beverages, sold, served, or otherwise provided in food facilities, as defined in Health and Safety Code Section 113789, which is intended for immediate consumption:
“WARNING: Chemicals known to the State of California to cause cancer, or birth defects or other reproductive harm may be present in foods or beverages sold or served here.”
(b) For fresh fruits, nuts, and vegetables:
“WARNING: This product may contain a chemical known to the State of California to cause cancer, or birth defects or other reproductive harm.”
(c) For prescription drugs, the labeling approved or otherwise provided under federal law and the prescriber's accepted practice of obtaining a patient's informed consent shall be deemed to be a clear and reasonable warning.
(d) For exposures resulting from emergency or urgent medical or dental care as defined in Section 12102(g), the accepted practice of obtaining the patient's informed consent shall be deemed to be a clear and reasonable warning when any of the following circumstances exists:
(1) the patient is unconscious; or
(2) the procedure must be undertaken because the licensed medical personnel, licensed dental personnel, or certified emergency medical personnel responsible for administering the care, as these terms are defined in Sections 25102(q), 25102(d), and 25102(b), respectively, reasonably believes that the procedure should be undertaken immediately; and therefore, there is insufficient time to fully inform the patient; or
(3) the procedure must be performed on a person legally incapable of giving consent, and the licensed medical personnel, licensed dental personnel, or certified emergency medical personnel responsible for administering the care reasonably believes the procedure should be undertaken immediately; and therefore, there is insufficient time to obtain the informed consent of a person authorized to give such consent for the patient.
(e) Alcoholic Beverages. For alcoholic beverages, including, without limitation, beer, malt beverages, wine and distilled spirits:
(1) The warning message must include the following language:
“WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.”
(2) For beverages primarily intended for consumption off the premises where sold or distributed:
(A) at least one notice or sign, no smaller than 10 inches wide by 10 inches high, and bearing the warning message set forth in subparagraph (e)(1) of this subsection; or
(B) at least one horizontal strip marker no smaller than 10 1/2 inches wide by 1 1/4 inches high, and bearing the warning message set forth in subparagraph (e)(1) of this subsection; or
(C) a notice no smaller than 5 inches by 5 inches, and bearing the warning message set forth in paragraph (e)(1) of this section.
(D) If signs 10 inches high by 10 inches wide are used, the word “WARNING” shall be centered three-quarters of an inch from the top of the sign in ITC Garamond bold condensed type face all in one-inch capital letters. Three-sixteenths of an inch from the base of the word “WARNING” shall be a line extending from left to right across the width of the sign one-sixteenth of an inch in thickness. Centered one-half inch below the line shall be the body of the warning message in 36/50 ITC Garamond bold condensed type face with the initial letter of each word, other than the conjunctive “and,” capitalized. For the body of the warning message, left and right margins of at least one-half of an inch, and a bottom margin of at least one-half inch shall be observed. Larger signs shall bear substantially the same proportions of type size and spacing to sign dimension as the sign 10 inches high by 10 inches wide.
(E) If the 10 1/2 inch by 1 1/4 inch horizontal strip markers are used, the word “WARNING,” punctuated by a colon, shall be justified left and located three-sixteenths of an inch from the top of the strip notice in ITC Garamond bold condensed type face all in capital letters measuring eleven sixteenths of an inch in height. Three thirty-seconds of an inch from the base of the word “WARNING” shall be a line extending from left to right across the width of the word “WARNING” and the punctuating colon one thirty-second of an inch in thickness. Located one-fourth of an inch from the top and one-fourth of an inch from the bottom of the strip notice, and to the immediate right of the word “WARNING,” shall be the body of the warning message in 12/16 point ITC Garamond bold condensed type face with the initial letter of each word, other than the conjunctive “and,” capitalized. The word “WARNING” shall be one-half inch from the left edge of the strip notice and the requisite warning message shall extend to within one-half inch from the right edge.
(F) If the 5 inch by 5 inch signs are used, they shall bear substantially the same proportions of type size and spacing to sign dimension as the sign 10 inches high by 10 inches wide, with both the word “WARNING” and the warning text set in white on a contrasting red background.
(G) Such sign or notice shall be placed in the retail establishment so as to assure that it is readable and likely to be read either at each retail point of sale or each point of display. Such sign or notice shall be placed either at all retail points of sale or all points of display, but need not be placed at both. If 10 inch by 10 inch signs or notices are placed at the point of display, each shall be placed no more than ten feet from any alcoholic beverage container and in a manner associating the sign or notice with the display. If horizontal strip notices are used, they shall be placed at ten-foot intervals horizontally along the display. If a 5 inch by 5 inch sign is used, it shall be conspicuously placed at each retail point of sale (e.g., check-out counter, cash register, cash box) so that it is likely to be read and understood during the sales transaction.
(H) All measurements specified or referred to in subparagraphs (D), (E) and (F), above, are not required to be precisely accurate.
(3) Beverages provided for consumption on the premises at tables served by food or beverage persons, or sold or distributed through over the counter service;
(A) a notice or sign displayed at each of the tables where alcoholic beverages are served or may be consumed at least 5 inches high by 5 inches wide bearing substantially the same type face and substantially the same proportion of type size and spacing to sign dimension as described in paragraph (e)(2)(F); or
(B) the warning message set forth in subsection (e)(1) of this section, placed upon a menu or list in association with the alcoholic beverages listed thereon and served at such premises, or if alcoholic beverages are not listed thereon, on any menu or list provided to patrons in association with the listing of food or beverage offerings, in type size and design, such that the text is conspicuous and likely to be read prior to consumption of alcoholic beverages or,
(C) at least one 10 inch by 10 inch sign, meeting the specifications set forth in paragraph (e)(2)(D) of this subsection, placed so that it is readable and likely to be read by patrons as they enter each public entrance to the establishment. If the establishment does not have clearly defined physical boundaries delineating those areas where, by permit or license, alcoholic beverages are served, the 10 inch by 10 inch sign shall be posted so that it is readable and likely to be read by patrons as they enter the area or areas where, by permit or license, alcoholic beverages are served; and
(D) If sold or distributed through over-the-counter service, at least one sign, meeting the specifications set forth in paragraph (e)(2)(D) of this subsection, placed in the retail establishment so that the warning message is, prior to the consumption of alcoholic beverages, readable and likely to be read from all counter locations available to the public. Therefore, a retail establishment providing a warning pursuant to the preceding sentence, also would be required to provide a warning in accordance with either subparagraph (3)(A), (3)(B) or (3)(C) of this subsection.
(4) For premises which are specially licensed to sell and serve alcoholic beverages both on and off the licensed premises (e.g., in facilities that offer both “tasting” and retail sales), the off-sale portion of the premises shall comply with the provisions of subsection (e)(2), above, and the portion of the premises where alcoholic beverages are served shall comply with the provisions of subsection (e)(3), above.
(5) For alcoholic beverages sold or distributed to consumers through the mail or package delivery services, warnings may be provided by incorporating or placing the warning message set forth in subsection (e)(1) on or in the shipping container or delivery package in such a manner so that the warning message is likely to be read by the recipient prior to consumption of the alcoholic beverage(s).
(6) All signs or notices referred to in subsections (e)(2), (e)(3) and (e)(4), above, shall be displayed so that they are clearly visible under all lighting conditions normally encountered during business hours.
(7) For alcoholic beverages, the placement and maintenance of the warning shall be the responsibility of the manufacturer or its distributor at no cost to the retailer, and any consequences for failure to do the same shall rest solely with the manufacturer or its distributor, provided that the retailer does not remove, deface, or obscure the requisite signs or notices, or obstruct, interfere with, or otherwise frustrate the manufacturer's reasonable efforts to post, maintain, or periodically replace said materials.
(f) Responsibility to Provide Warnings for Exposure to Bisphenol A from Canned and Bottled Foods and Beverages.
(1) Notwithstanding any other provision of sections 25603, 25603.1, 25603.2, and 25603.3, canned and bottled foods and beverages that are offered for retail sale in California after May 10, 2016, that can cause exposures to bisphenol A, are deemed to comply with the warning requirements of section 25249.6 of the Act if the following provisions are met:
(A) The manufacturer, producer, packager, importer or distributor of the canned and bottled food or beverage either:
1. Affixes a label to the product bearing a warning that complies with section 25603.2(a)2., or
2. Provides the lead agency with the following information in a searchable, electronic format to facilitate posting information on the lead agency website:
a. A list of all food products for which a warning is being provided in which bisphenol A was intentionally used in the manufacture of the can lining or jar or bottle seals. The food product must be identified by:
i. Brand name
ii. Product description, including the federal Food and Drug Administration product category for the food
iii. Universal Product Code or other specific identifying designation
iv. Where bisphenol A is no longer used in the manufacture of the product packaging but the product is still available in commerce, the last expiration or “use by” date for the product where bisphenol A was intentionally used in the can linings or seals; and
3. Provides written notice directly or through an authorized agent or trade association to the retailer or its authorized agent. The written notice must:
a. State that the canned or bottled food or beverage may result in an exposure to bisphenol A; and
b. Include the brand and name or description of the canned or bottled food or beverage, and its Universal Product Code or other specific identifying designation; and
c. Provide, or offer to provide, to the retail seller, at no cost, a sufficient number of point-of-sale warning signs that satisfy the requirements of subsection (g).
(2) If a retail seller receives a notice pursuant to subsection (1)(A)3., the retail seller must post a warning sign that satisfies subsection (g) at each point of sale in the retail facility. The placement and maintenance of warning signs is the responsibility of the retail seller.
(A) Where a retail seller complies with all the provisions of subsections (f) and (g), an opportunity to cure exists to correct the absence of the warning sign, which:
1. Is not the result of intentional neglect or disregard for the requirements of this section, and
2. Is not avoidable using normal and customary quality control or maintenance, and
3. Is corrected within 24 hours of discovery or notification.
(3) For purposes of subsection (f) and subsection (g), “canned and bottled foods and beverages” means foods and beverages packaged in hermetically sealed, durable metal or glass containers, including, but not limited to, those containing fruits, vegetables, soups, pasta products, milk, soda, and alcoholic beverages.
(4) For purposes of subsection (f) and subsection (g), “point of sale” means the area within a retail facility where customers pay for foods and beverages, such as the cash register or checkout line where the warning sign is likely to be seen and understood, prior to the consumer purchasing the canned or bottled food or beverage. Point of sale also includes electronic checkout functions on internet websites.
(5) This subsection shall become inoperative on December 30, 2017.
(g) Warnings for Exposure to Bisphenol A from Canned and Bottled Foods and Beverages.
(1) Method of Transmission:
Warnings for canned and bottled foods and beverages, as defined in subsection (f)(3), that can cause exposures to bisphenol A shall be provided at each point of sale, as defined in subsection (f)(4), by posting a warning sign that includes the language set out in subsection (g)(2). Such warning signs must be no smaller than 5 by 5 inches and be displayed with such conspicuousness, as compared with other words, statements, designs, or devices at the point of sale, as to render it likely to be read and understood by an ordinary individual prior to purchase of the products that contain bisphenol A. For products sold over the internet, the warning must be prominently displayed to the purchaser either on the product display page or otherwise on a webpage prior to completing the purchase.
(2) Content of Warning Sign:
(A) The word “WARNING” in all capital letters and bold print, and
(B) The words: “Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.
(3) This subsection shall become inoperative on December 30, 2017.
Note: Authority cited: Sections 25249.12 and 25249.11(f), Health and Safety Code. Reference: Sections 25249.6, 25249.7(k) and 25249.11, Health and Safety Code.
HISTORY
1. Change without regulatory effect adding section filed 9-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 36).
2. Change without regulatory effect amending subsection (a) filed 9-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 37).
3. New subsections (f)-(g)(3) and amendment of Note filed 4-18-2016 as an emergency; operative 4-18-2016 (Register 2016, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-17-2016 or emergency language will be repealed by operation of law on the following day.
4. Editorial amendment of section heading adding operative date (Register 2016, No. 36).
5. New subsections (f)-(g)(3) and amendment of Note refiled 10-6-2016 as an emergency, including amendment of subsections (f)(5) and (g)(3); operative 10-17-2016 pursuant to Government Code section 11346.1(d) (Register 2016, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-17-2017 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-6-2016 order, including amendment of subsection (f)(1), new subsections (f)(1)(A)2.-(f)(1)(A)2.a.iv., subsection renumbering, amendment of newly designated subsections (f)(1)(A)3.b., (f)(2), (f)(5), (g)(1) and (g)(3), transmitted to OAL 10-14-2016 and filed 11-30-2016; amendments effective 1-1-2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 49).
This database is current through 7/7/17 Register 2017, No. 27
27 CCR § 25603.3, 27 CA ADC § 25603.3
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