Information Letter Issued For Total Fumonisins In Corn Snack Food Products

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Letter Issued For Total Fumonisins In Corn Snack Food

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Letter Issued For Total Fumonisins In Corn Snack Food Products

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On December 19, 2005, Frito-Lay Inc. asked the Office of

Environmental Health Hazard Assessment (OEHHA) for a

determination that consumption of Frito-Lay's corn snack food

products does not require a warning under Proposition

651 for exposure to fumonisin B1.  The basis

for the request was that exposure to a chemical in a food is

not an " exposure " subject to the Proposition 65 warning

requirements where it can be shown that the chemical in the

food is " naturally occurring "  and has been reduced to

the lowest level feasible based on good manufacturing

practices.2

On January 11, 2008, in accordance with

the process set forth in the regulation3, OEHHA

solicited public comment on this request.  On March

11, 2008, OEHHA held a public hearing on the request in

Oakland, California.   OEHHA and Frito-Lay, Inc.

engaged in an interactive process to develop and share the

available scientific information on fumonisin B1.  The

regulation requires OEHHA to issue a public notice when it

reaches a final decision on a Safe Use Determination

request.

In this case, OEHHA is issuing Frito-Lay a technical

information letter, rather than a Safe Use

Determination.  This action is authorized under the

relevant regulations.4 In summary, OEHHA has found

that the European Commission regulatory level of 0.8 parts per

million for fumonisins in maize-based breakfast cereal and

snacks is an acceptable surrogate for the naturally occurring

level of total fumonisins in corn snack foods that has been

reduced to the lowest level currently feasible as it is

defined in Title 27, Cal. Code of Regulations, section

25501(a)(4).

Questions regarding this notice may be directed to Ms.

Oshita at (916) 445-6900 or coshitaoehha (DOT) ca.gov.

The Safe Drinking Water and Toxic Enforcement Act of

1986, codified at Health and Safety Code, section 25249.5 et

seq., commonly known as " Proposition 65.

Title 27, Cal. Code of Regs., section 25501

Title 27, Cal. Code of Regs., section 25204

Title 27, Cal. Code of Regs., section 25204(h)

 

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