§ 25607.30. Responsibility to Provide Warnings for Exposure to Bisphenol A from Canned and Bottled Foods and Beverages
(a) Canned and bottled foods and beverages that are offered for retail sale in California after May 10, 2016, that contain bisphenol A, are deemed to comply with the warning requirements of section 25249.6 of the Act if the following provisions are met:
(1) The manufacturer, producer, packager, importer or distributor of the canned and bottled food or beverage either:
(A) Affixes a label to the product bearing a warning that includes the following language:
"WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm"; or
(B) Provides written notice directly or through an authorized agent or trade association to the retailer or its authorized agent. The written notice must:
1. State that the canned or bottled food or beverage may result in an exposure to bisphenol A; and
2. Include the name or description of the canned or bottled foods or beverages, such as a Universal Product Code or other identifying designation; and
3. Provide, or offer to provide, to the retail seller, at no cost, a sufficient number of point-of-sale warning signs that satisfy the requirements of Section 25607.31.
(b) If a retail seller receives a notice pursuant to subsection (a)(1)(B), the retail seller must post a warning sign that satisfies Section 25607.31 at each point of sale in the retail facility. The placement and maintenance of warning signs is the responsibility of the retail seller.
(1) Where a retail seller complies with all the provisions of Section 25607.30 and Section 25607.31, an opportunity to cure exists to correct the absence of the warning sign, which:
(A) Is not the result of intentional neglect or disregard for the requirements of this section, and
(B) Is not avoidable using normal and customary quality control or maintenance, and
(C) Is corrected within 24 hours of discovery or notification.
(c) For purposes of Section 25607.30 and Section 25607.31, "canned and bottled foods and beverages" means foods and beverages packaged in hermetically sealed, durable metal or glass containers, including, but not limited to, those containing fruits, vegetables, soups, pasta products, milk, soda, and alcoholic beverages.
(d) For purposes of sections 25607.30 and 25607.31, "point of sale" means the area within a retail facility where customers pay for foods and beverages, such as the cash register or checkout line where the warning sign is likely to be seen and understood, prior to the consumer purchasing the canned or bottled food or beverage. Point of sale also includes electronic checkout functions on internet websites.
(e) This subsection shall become inoperative one year after the date of adoption unless reenacted by the lead agency.(1. Renumbering and amendment of former subsection 25603.3(f) to new section 25607.30 filed 8-30-2016; operative 8-30-2018 pursuant to Government Code section 11343.4(b)(2). For current law, see sections under Article 6, operative until August 30, 2018 (Register 2016, No. 36).)
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