Proposition 65 requires businesses to warn people in California about significant exposure to certain chemicals. In the presentation, you get an overview of how Proposition 65 works and how recent proposals made by the California Office of Environmental Health Hazard Assessment (OEHHA) may impact the spice industry. This session was part of the 2023 Regulatory Workshop held in Washington, DC, on October 18, 2023, and it was presented by Dave Edwards, OEHHA.

The presence of pesticide chemical residues in foods, such as spices, is regulated under section 408 of the Federal Food, Drug, and Cosmetic Act, as amended (FFDCA). The permissible level of pesticide chemical residue allowed in or on foods or feed is governed by either a pesticide tolerance or an exemption from tolerance. If a food contains a pesticide residue for which no tolerance or exemption from tolerance has been established, it is adulterated within the meaning of section 402 of the FFDCA and is subject to enforcement action. ASTA has published a list of U.S. pesticide tolerances that are established for spices and herbs by the Environmental Protection Agency (EPA) under 40CFR180. This list is intended to facilitate compliance with U.S. tolerances.