§ 25501. Exposure to a Naturally Occurring Chemical in a Food
(a) Human consumption of a food shall not constitute an "exposure" for purposes of Section 25249.6 of the Act to a listed chemical in the food to the extent that the person responsible for the exposure can show that the chemical is naturally occurring in the food.
(1) For the purposes of this section, a chemical is "naturally occurring" if it is a natural constituent of a food, or if it is present in a food solely as a result of absorption or accumulation of the chemical which is naturally present in the environment in which the food is raised, or grown, or obtained; for example, minerals present in the soil solely as a result of natural geologic processes, or toxins produced by the natural growth of fungi.
(2) The "naturally occurring" level of a chemical in a food may be established by determining the natural background level of the chemical in the area in which the food is raised, or grown, or obtained, based on reliable local or regional data.
(3) A chemical is naturally occurring only to the extent that the chemical did not result from any known human activity. Where a food contains a chemical, in part naturally occurring and in part added as a result of known human activity, "exposure" can only occur as to that portion of the chemical which resulted from such human activity. For purposes of this section, "human activity" does not include sowing, planting, irrigation, or plowing or other mechanical preparation of soil for agricultural purposes; but does include the addition of chemicals to irrigation water applied to soil or crops.
(4) Where a chemical contaminant can occur naturally in a food, the chemical is naturally occurring only to the extent that it was not avoidable by good agricultural or good manufacturing practices. The producer, manufacturer, distributor, or holder of the food shall at all times utilize quality control measures that reduce natural chemical contaminants to the "lowest level currently feasible," as this term is used in Title 21, Code of Federal Regulations, Section 110.110, subdivision (c) (2001).
(b) A person otherwise responsible for an exposure to a listed chemical in a consumer product, other than food, does not "expose" an individual within the meaning of Section 25249.6 of the Act to the extent that the person can show that the chemical was a naturally occurring chemical in food, and the food was used in the manufacture, production, or processing of the consumer product. Where a consumer product contains a listed chemical, and the source of the chemical is in part from a naturally occurring chemical in food and in part from other sources, "exposure" can only occur as to that portion of the chemical from other sources.(1. New section refiled 6-19-89 as an emergency; operative 6-22-89 (Register 89, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-20-89. For prior history, see Register 89, No. 10. 2. Emergency Section 12501 repealed 7-10-89; repealer operative 8-9-89. New Section 12501 filed 7-10-89; operative 8-9-89 (Register 89, No. 30). 3. Amendment filed 1-7-2003; operative 2-6-2003 (Register 2003, No. 2). 4. Change without regulatory effect renumbering title 22, division 2, subdivision 1, chapter 3, article 5 (sections 12501-12505) to title 27, division 4, chapter 1, article 5 (sections 25501-25505) and renumbering title 22, section 12501 to title 27, section 25501 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).)
Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Section 25249.6, Health and Safety Code.
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