In the latest installment of the long-running dispute over Proposition 65 warnings for acrylamide exposure from food, OEHHA is proposing an additional safe harbor warning. The existing acrylamide safe harbor warning was proposed in response to litigation that is still pending in federal court, and became effective on January 1, 2023. The additional safe harbor is being proposed in light of the recent guidance on compelled commercial speech in National Association of Wheat Growers v. Bonta (9th Cir. 2023) 85 F.4th 1263. 

The deadline for public comments on this proposed rulemaking is May 20, 2024, and the deadline to request a public hearing is May 6, 2024. OEHHA's proposed safe harbor warning can be found here, and more information on this rulemaking can be found here.

This proposed rulemaking would amend subsection 25607.2(b) of Title 27, California Code of Regulations, to provide an additional safe harbor warning option for businesses that cause significant exposures to acrylamide from food products. This would be in addition to the safe harbor warnings that already apply to such exposures under existing law.

oehha.ca.gov/...