Proposition 65 – OEHHA Proposes Safe Harbor Concentrations and Blanket Protections for Exposures to Acrylamide and Other Listed Chemicals in Cooked or Heat Processed Foods
August 7, 2020
Authored by: Tom Lee, Douglas Alvarez and Merrit Jones
Acrylamide in food products has been one of the most significant drivers for recent Proposition 65 enforcement actions, frustrating many in the food industry, particularly because acrylamide is not added to those products. Acrylamide forms naturally when starches are heated during the cooking or baking process. Out of the 1,923 60-day notices issued this year as of August 5th, 202 were based on allegations of acrylamide exposure. After years of costly litigation and industry consternation, it appears that OEHHA has offered a possible solution to provide clarity, and potentially reduce the risk of enforcement actions for the presence of acrylamide, furfuryl alcohol, and other listed chemicals formed during the cooking process.
On August 4, 2020, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65 and has the authority to promulgate and amend regulations, released a proposed regulation providing that intake of listed chemicals formed by