§ 25205. Lead Agency Website
(a) The lead agency will develop and maintain a website to provide information to the public concerning exposures to listed chemicals for which warnings are being provided pursuant to Section 25249.6 of the Act. The lead agency will:
(1) Provide information to the public on the website concerning exposures to listed chemicals, including common routes or pathways of exposure such as:
(A) Ingesting foods
(B) Contact with or use of products or services
(C) Common environmental scenarios
(D) Occupational activities
(2) Provide strategies for reducing or avoiding exposure to those chemicals
(3) Provide links, as appropriate, to information compiled by other authoritative entities such as the Food and Drug Administration, the National Toxicology Program, the U.S. Surgeon General, the National Institute of Occupational Safety and Health, the National Academy of Sciences, the U.S. Environmental Protection Agency, the International Agency for Research on Cancer, and the collective body of the National Institutes of Health, to assist individuals who wish to obtain additional information about listed chemicals, their effects, nutritional benefits, health concerns or related issues.
(4) Provide reasonably available information concerning human exposure to listed chemicals.
(5) Provide a process for a person to request a correction of material provided on the website. The person making such a request shall provide information showing that such material is inaccurate.
(6) Provide a disclaimer indicating that OEHHA cannot assure the accuracy of information it has received from third parties.
(b) Within 90 days of the lead agency's request, the manufacturer, producer, distributor, or importer of a product, including food, or aparticular business that is providing a warning pursuant to Health and Safety Code section 25249.6, must provide the following information, when reasonably available, for use by the lead agency in developing content for the website:
(1) The name and contact information for the person providing the information.
(2) The name and contact information for the manufacturer of the product.
(3) The name of the listed chemical or chemicals for which a warning is being provided.
(4) For environmental warnings, the source of the chemical or chemicals and the area for which the warning is being provided.
(5) For product warnings, the location of the chemical or chemicals in the product.
(6) For product warnings, the concentration (mean, minimum, maximum) of the chemical or chemicals in the final product. If the product contains multiple component parts, the business must provide the concentrations (mean, minimum, maximum) of the chemical or chemicals in each of the component parts.
(7) For product warnings, the matrix, as defined in subsection 25900(g) of this chapter, in which the listed chemical or chemicals is found in the product and the concentration of the listed chemical(s) in the product matrix, if known.
(8) The anticipated routes and pathways of exposure to the listed chemical(s) for which the warning is being provided.
(9) The estimated level of exposure to the chemical or chemicals.
(10) Any other related information concerning exposures to listed chemicals for which warnings are being provided pursuant to Section 25249.6 of the Act.
(c) This section does not require a business to perform any new or additional testing or analysis for the purpose of responding to a request made by the lead agency pursuant to subsection (b). If the requested information is not in the possession or control of a business, the business is not required to procure it for the purpose of providing it to the lead agency.
(d) Where the lead agency requests information under subsection (b) from two or more businesses regarding the same product or exposure, those businesses may respond to the request through their trade organization.
(e) If the lead agency requests information from a business pursuant to subsection (b) that the requester claims should not be available for public inspection as a trade secret as defined in Civil Code section 3426.1, and that is exempt from disclosure under the Public Records Act (Government Code Section 6250 et seq.), Evidence Code section 1040, or Evidence Code section 1060, the response shall specifically identify the information and the basis for the claim that the information should be designated a trade secret. All information submitted in response to a request from the lead agency under this section shall be open for public inspection, except as otherwise specifically identified by the business under this section. All such material shall be clearly identified as a trade secret. If the lead agency determines that the information identified as a trade secret must be released to the public under the Public Records Act or other law, it will promptly notify the business in writing at least 30 days prior to disclosure. During this 30-day period the business will have an opportunity to submit additional justification for the claim or contest the determination in an appropriate legal proceeding.
(f) This section does not require a business to provide information to the lead agency that is exempt from disclosure under the legal privileges described in Evidence Code section 954 or California Code of Civil Procedure section 2018.030.
(g) Compliance with the requirements of subsection (b) shall not be deemed to constitute compliance with the requirement to provide a "clear and reasonable" warning pursuant to Section 25249.6 of the Act, nor shall failure to comply with this section constitute a violation of Section 25249.6 of the Act.(1. New section filed 1-19-2016; operative 4-1-2016 (Register 2016, No. 4).)
Note: Authority cited: Sections 25249.12 and 59009, Health and Safety Code. Reference: Sections 25249.6 and 25249.11, Health and Safety Code.
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