Emergency Action on Proposition 65 warnings for Bisphenol A: Instructions for submission of product information

As indicated in the AHPA Update issued April 22, AHPA members now have access to a database that will allow submission of information for products needing warnings under the California Office of Environmental Health Hazard Assessment (OEHHA) notice of emergency action issued April 18th that affects Proposition 65 (Prop 65) warnings required for foods that present an exposure to bisphenol A (BPA). Prop 65 warnings for exposure to BPA are required starting May 11, 2016.

The Emergency Regulation states that a manufacturer shall provide written notice directly or through an authorized agent or trade association which includes the name or description of the canned or bottled foods or beverages, such as Universal Product Code or other identifying designation. Failure to list your affected products or provide the notice to retailers in some other way could result in a lack of protection by the in-store warning signs from litigation or regulatory enforcement action.

AHPA is providing access to AHPA member companies to an online database created for companies to list their affected products. California retailers who hold Alcoholic Beverage Control (ABC) licenses have already been sent a notice that provides them with the address to the database online.

To enter information for your affected products:

1. Access the webform for submission of affected product information here: https://app.smartsheet.com/b/form?EQBCT=fcac8dc691a046668af1664575e8d93b
2. You will need to create a login, but you do not need a Smartsheet subscription to do so.
3. Fill in as many products as needed. Another webform will load automatically after you submit the first five products and you can continue to submit additional webforms until you have all of your products listed.
4. You will not be able to edit your webforms after you submit them. If you need to make a change, email Jane Wilson (jwilson@ahpa.org) and ask for an update request to the submitted information.
5. Go to https://app.smartsheet.com/b/publish?EQBCT=4e4548c2ffbb4cf5af860e0b8e31e37d to view the sheet in real time. Your submissions will load at the top of the sheet. You may need to hit refresh to view the information you have submitted.

If you are aware of other California retailers selling your products that do not hold an ABC license, you must contact the retailer directly to provide the information required for compliance with the emergency action.

If you sell your products in California through your own website or one or more distributor websites, you must ensure that the point of sale warning is provided for the relevant products prior to checkout on your website and notify any distributors of the need to post the warning prior to checkout on their websites.

For more information on the OEHHA rulemaking visit: http://www.oehha.ca.gov/prop65/CRNR_notices/040116BPAEmergencyAction.html.