(January 20, 2011) Certain foods containing caramel coloring may be required to have warning labels due to the latest chemical added to the state’s Proposition 65 list.
On January 7, the state added the chemical 4-methylimidazole (4-MEI) to the Proposition 65 list of chemicals known to the state to cause cancer and proposed establishing a no significant risk level of 16 micrograms per day.
The chemical 4-MEI is a fermentation byproduct in certain food products including caramel coloring, soy sauce, Worcestershire sauce, wine and ammoniated molasses, as well as ammoniated livestock feed, according to the state Office of Environmental Health Hazard Assessment (OEHHA). The chemical is used in the manufacture of pharmaceuticals, photographic chemicals, dyes and pigments, cleaning and agricultural chemicals, and rubber.
By a year from the listing date, companies selling products containing 4-MEI must provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to the chemical.
The warning can be given by such means as labeling a consumer product, shelf labeling in stores, posting signs at the workplace or by publishing notices in a newspaper. The warning is required unless a business demonstrates that exposure due to use of its product poses no significant risk.
Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was an initiative passed in November 1986. The goal of the measure’s authors was to protect Californians and state drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform residents about exposures to such chemicals.
Proposition 65 is enforced through citizen civil lawsuits, as well as lawsuits filed by the attorney general or other government prosecutors.
The proposed regulation is available at the OEHHA website, www.oehha.ca.gov.
OEHHA is accepting public comments on the proposed No Significant Risk Level of 16 micrograms per day until 5 p.m. on February 21. Written comments can be sent by e-mail, mail or fax to:
Monet Vela
Office of Environmental Health Hazard Assessment
Proposition 65 Implementation Program
P.O. Box 4010
Sacramento, CA 95812-4010
Fax: (916) 324-1786
Telephone: (916) 323-2517
mvela@oehha.ca.gov
Staff Contact: Robert Callahan