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Proposed Regulation would Significantly Change the Warning Requirements for Acrylamide and Other Chemicals Formed During the Cooking of Foods under California’s Proposition 65

By Martin Hahn & Xin Tao on August 5, 2020
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On August 4, 2020, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), proposed to adopt a new regulation that would significantly change the warning requirements for listed chemicals formed by the cooking or heat processing of foods. The proposed regulation would provide that intake of such chemicals does not represent an exposure for the purposes of Prop 65 if the concentrations are reduced to the lowest level currently feasible using appropriate quality control measures. The proposal would establish maximum concentration levels for acrylamide in specific foods that are deemed by OEHHA to be the lowest levels currently feasible. Concentrations of the chemical at or below the level identified for the specified products would not require a warning.

It is noteworthy the proposed regulation is published at a time when a new wave of Prop 65 challenges are targeting acrylamide in food. In the past three months alone, private litigants have filed close to one hundred 60-day notices indicating their intent to sue food companies for acrylamide. This translates to about one Prop 65 notice filed every day in California for acrylamide in food. In its Initial Statement of Reasons, OEHHA stated the proposal is intended to (1) reduce exposures to listed chemicals present in food due to the human activities of cooking or heat processing, (2) provide warnings for avoidable exposures to acrylamide, and (3) safeguard the effectiveness of those warnings.

The public can request a hearing on the proposed changes and the request must be received no later than September 21, 2020. Written comments to the proposed regulation are due on October 6, 2020.

Click here to read more. 

Photo of Martin Hahn Martin Hahn

Partner, Washington, D.C.

Martin Hahn uses his background in food technology and his comprehensive understanding of the laws governing the food industry to navigate clients through the myriad regulatory and business issues impacting the industry from farm to table. He recognizes the demands…

Partner, Washington, D.C.

Martin Hahn uses his background in food technology and his comprehensive understanding of the laws governing the food industry to navigate clients through the myriad regulatory and business issues impacting the industry from farm to table. He recognizes the demands placed on his clients and finds innovative and creative solutions, particularly when responding to observations raised by regulators  during inspections. Whether the issue involves obtaining the authorization of a new food or dietary ingredient, complying with manufacturing requirements, labeling or advertising, product recalls, or enforcement, Martin serves as an effective advisor and advocate.

Martin’s career has touched on almost every issue impacting the food industry. He has a comprehensive understanding of the laws affecting the labeling and advertising of foods, dietary supplements, infant formulas, medical foods, and foods for special dietary use. He helps clients anticipate new trends and develop the data that is needed to distinguish their products from others on the market. With his understanding of science and technology in the food industry, Martin provides assistance in obtaining regulatory authorizations to market new food ingredients, food packaging materials, and dietary ingredients. He also assists clients in responding to proposed regulations and draft guidance, as well as, tracks and keeps his clients apprised of the latest trends in class action law suits and helps clients anticipate new regulatory initiatives.

Martin grew up on a farm and worked in food processing plants before going to law school. His hands-on experience in the field and degree in food technology allow him to better understand the challenges his clients face in complying with the laws impacting food manufacturing. He understands Hazard Analysis Critical Control Point (HACCP) and the regulations under the Food Safety Modernization Act (FSMA).

Read more about Martin HahnEmail
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Photo of Xin Tao Xin Tao

Senior Associate, Washington, D.C.

With a strong understanding of life sciences, Xin Tao works closely with clients in the food and drug industries to navigate the evolving regulatory environments and develop innovative strategies to commercialize products made with emerging technologies both in the…

Senior Associate, Washington, D.C.

With a strong understanding of life sciences, Xin Tao works closely with clients in the food and drug industries to navigate the evolving regulatory environments and develop innovative strategies to commercialize products made with emerging technologies both in the U.S. and China.

Xin’s previous work experience as a research biochemist informs his science-based food and drug law practices. His unique ability in understanding and interpreting the complex scientific issues as they relate to the governing legal and regulatory requirements helps clients with all phases of product development, manufacturing, and marketing. His practice focuses on novel food and drug applications that require U.S. Food and Drug Administration (FDA) review and FDA current good manufacturing practice (cGMP) compliance for foods, dietary supplements, and pharmaceuticals.  Born and raised in China, Xin is well-equipped to assist global companies to adapt to China’s National Medical Products Administration’s (NMPA, formerly known as China Food and Drug Administration or CFDA) ever-changing regulatory regime.  Xin is increasingly expanding his knowledge of California’s Proposition 65 (Prop 65) as it pertains to his clients.

Xin is actively involved in a number of organizations that serve Chinese legal and life sciences professionals in the Washington, D.C. region, including the Sino-American Pharmaceutical Professionals Association and the Washington, D.C. Chinese Legal Association. Xin is a frequent speaker and contributor to industry publications in both the United States and China.

During law school, Xin worked as a regulatory scientist at an international law firm and served as an executive editor of the Georgetown Environmental Law Review.

Read more about Xin TaoEmail
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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    A Seat at the Table
  • Organization:
    Hogan Lovells
  • Article: View Original Source

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