The anticipated issuance of a final Proposition 65 exemption for chemicals, such as acrylamide, “created by and inherent in the processes of roasting coffee beans or brewing coffee,” has been delayed to allow for an additional comment period to address a modest clarification to the pending regulation. Earlier today, the California Office of Environmental Health Hazard Assessment (OEHHA), which oversees the Prop 65 program, announced a new (and brief) comment period until April 2 on wording changes that clarify the scope of listed chemicals covered by the proposed regulation.
Specifically, the new proposal would limit the exemption to chemicals listed by the state to cause cancer as of March 15, 2019, and therefore not apply to future chemicals added to the Prop 65 list. The move recognizes that OEHHA’s assessment of the cancer risks associated with coffee consumption cannot account, of course, for potential newly identified carcinogens that may be found in coffee.
The modified language is provided in underline and strikeout below: