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DRAFT January' 25, 19'~93 22 CALIFORNIA CODE OF REOULATION'SI DIVISIONi2 CHAPTER 3. SAFE DRINKING WATER AND TOXIC EI+TFORCEMENT ACT OF 1986 Method of' Indicating Changes The text of this draftf proposal is based upon the current language of sections 12201 and 12601 of title 22 of the California Code of Regulations. Clear text represents language of the current regulation. Proposed'changes: to existing regulations made in the draft dated June 9, 1992 are shown as underlined text and strikeouts, the underlined text representing additions and the strikeouts representing deletions. Proposedl changes made since the June 9th draft are indicated as foi'lows: Additions are depicted as double-underlined! text. Text added by the June 9th draft which is proposed to be deleted'is shown as underlined and struck-throuah text. New deletions are shown as jouble-underlined and struck-through text. ARTICLE,2. DEFINITIONS 122'01. Definitions Unless otherwise provided the definitions set forth in this article shall apply for purposes of this chapter and Chapter 6.6,, commencirng with section 252:49.5 of the Health and Safety Code.. 12202. Act f 3}-Fer-pe~rpeses-ef-thie-elkapter- "Act" means the Safe Drinking Water and: Toxic Enforcement Act of 1986 (Health and ~. Safety Code Sections 25249.5' et seq.). 12205. fe} Discharge or Release to Water or Land. f+}(a) The term "water" includes both surface and ground' water. f2}u "'ProbabIy will pass into~ any source of' drinking water" refers to~a discharge, or release which more likely than not will pass into any source of drinking water.

DRAFTi -2- ,J~anuary 25, 1993, fa}_LQJ "Discharge or release into water or onto or into~ land"' includes a discharge or release to air that is directly and immediately deposited into water or onto, land. {*'},(d) Except as provided in paragraphs f5}(el and f6}Ltj, "discharge or release into, water or onto or into land" includes the direct or indirect transfer by any person within the meaning of Health and Safety Code Section 2524'9.11 (a) for the purpose of'f discharging or releasing the chemical to land or water in a manner which, if committed by the transferor,, would violate Health and Safety Code Section 25249.5. f5*e "'Discharge or release into water or onto or into land"' does not include the sale, exchange or other transfer of a, chemical to: a solid waste disposal facility as defined in: Sections 6167'14 and 667'19: of the Government Code, or a hazardous waste facility as defined in Health and Safety Code 25117.1 provided that the disposal to such facility complies with all applicable state and federal statutes, rules, regulations, permits, requirements and orders. "Sale, exchange or otherr transfer," as used in this paragraph, does not include disposal to a facility owned or operated by the transferor. t6}(f) "'Discharge or release into water or onto or into land" does not include the sale, exchange or other transfer of a chemical to any treatment works as defined in, 3'3 United States. Code Section 1292 provided! that the discharge or release to such treatment works complies with alli applicable standards and limitations imposed', and'permits required, under federal law or

DFtAFT January 25', 1993 an approved state progiraza. "Sale, exchange or other transfer," as used in this paragraph, does not include disposal to a facility owned'or operated by the transferor. 12207o fe} Employee. The.term "employee" shall have the same meaning as it does in Unemployment Insurance Code Section 621 1 and in Labor Code Section, 3351. Generally, and without liimiting the applicability of the definitions in these two statutes, this means that an employee is a person who performs services for remuneration under any appointment or contract of hire or apprenticeship, express or implied,, oral or written, whether lawfully or unlawfully employed. In computing whether a person employs ten or fewer employees in his business, all full-time and part-time employees on the date on which the discharcie, release or exposure occurs must be counted. Thus, the prohibitions on discharge or release and' exposures to certain chemicals will apply to any person who! has '\ ten or more full-time or part-time employees on the date in question. 12209. fft Expose. The term "expose" means to: cause to ingest, inhale, contact via body surfaces or otherwise come into, contact with a chemical. An individual may come into contact with a chemical through

D R A F T' January 25, 1993 -4- water, air, food, consumer products and any other environmental exposure as well as occupational or workplace exposures. 12215. {e} In The Course of Doing Business per-perpeaes-ef-Heefth-eusd-SafetY-Hede-6eetiens-2 52 49-S -and i5a49-6'; -utft (a) "In the course of doing business" means any act or omission, whether or not for profit, except: (1) as excluded by subdivision (b) of Section 252491.11 of the Health andiSafety Code; or (2) when caused by acts'of war or grave and irresistible natural disasters such that no reasonable amount of'resistance or advance preparation would be sufficient to avoid the discharge, release or exposure. frs~~he-2eesrse-ef-9e3ng-Bnsir~esa;-~sets-ef-~mpfe~reas- (b) "In the course of doing business" includes any act or. omission of'any employee which furthers the purpose or operation of'the business, or which is expressly or implicitly authorized,, except for the personal use, consumption or production of listed chemicals by an empIoyee on the business premises or while performing activities for the business, unless the employer knows or should know that such use, consumption or production wilil expose other individuals within the meaning of Health and!Safety Code Siection 25249.6 to a listed chemical.

DRAFT' -5- January 25,, 1993 12216. Intentionally "Intentionally"' means that an exposure is the result of' a voluntary, deliberate act or omission by a person in the course of doing business. 12217. ~d} Knowingly u'Hnew4: ng f y" -ref era-enfr-te-knewl-edge-ef-ltMe-f aet-thnt-e dieeMerg,e-ef;-re~eeee-ef:,-er-expeee~re-te-e-ehemiea~-~3eted' persuent-te-Heefth-end-SefetY-eede-Seetie~rtr~5~f9~6- f e}-~a eeenrr#ng- "Knowingly"'means only that the person in the coursee of doinc business has actual knowledge of conditions making it more likely thaninot that the discharge, release, or exposure in ctuestion is occurring or will occur. In other words,, it must be proven that the person in the course of doing business had actual knowledkie of conditions which made it more likely thaninot that the dlischaretie, release, or exposure at issue in the enforcement action was occurrinct or would occur in order for civil penalties or injunctive relief to be imposed. No knowledge that the ~ discharge, release or exposure is unlawful is required. However, a person in the course of doing business who, through misfortune or accident and without evil design, intention or negligence, commits an act or omits to do something which results in a discharge, release or exposure has not violated Health and Safety Code 25249~-5' or 25249.6.

D R A F T January 25, 1993 ' -6- 12220. Listed Chemical., f,k} rer-purpeeee-ei-this-ehapter: -'++tsted "'Listed chemical" means a chemical listedpursuant to Health~and!Safety Code Section 25249.8', subsection (a). tg-~-Threatened"f}}ega}-83sehargesyr A-uthreatened!-i }-1 ega}-disehergeu -mearns-the-ereetsen-ef-a vendttien-er-the-taJttng-ef-m~n-aetien~whieh-is-3ntended-te-er-w#}} feresevab}Y-ereate-a-eubstantte}-prebabi}itY-that-an-i}}eg,e} d3eeharge-w}l}-eeenr- f'k}-Stabetent3a}-fn~er7r 'Plae-term-uenbetanti~}-3n~wrY'~-meane-a-rea}-end-isnmediata phYe'sea}-tn~arY-er~e-reew}ttr~g_edweree-ph~eive}-eenditien-ef-a aubetentia}-natere-te-ene-er-mere-pereeneT f #}-6enera }-pub} 'te-iEnew}edqe- ~he-term-ug~enera~}-pm,b}3e~kr~er+~edge~'-meana-}~new}edge-w~kte~e kae-been-d!ieoeminated-te-the-genera}-pnb}ie--tne}nd'3ng inf errnatien-tn-newspapers-ef-genera}-eirett}ati an-er-rad3e-er te}evtoien-reperts-3n-the-geegraphie-area-Offreted-by-the di'eknrge---fn-erd'er-te-demenetrete-genera3: -pedbie-3enew}edge; -it eha!}}-nat-be-neeesaazlr-te-pteve-that-enY-members-ef-the-ptab}3e have -eetea}}Y-aeqntred-etieh-itnew}edge-bmt-en}Y-that-the- infermatien-has-been-d3a oemiriatedlr NOTE: Authority cited: Section 25249.12, Health and, Safety Code!. Reference: 25249.5, 25249.6, 25249.9, 25249'.10, and 252'49'.11, Hiealthiand Safety Code.

DRAFT -7- January 25, 1993 AF2TICL.E' 6. CI.EAFt' AND REASOhtiABLE: WARNINGS 12601. C1!ear and Reasonable Warnings (a) Whenever a clear and reasonable warning is reqtitred iven under Section, 252419.6 of the: Health and' Safety Code, the method employed to transmit the warning and, the warning messaae must conform to the minimum criteria set forth in this sectioni. {b}--The-methed-empie7ed--een'ideri netthe-Qiternetitie :neth~ed'-eve3~eb~e--te~tresn'~nit-the-w~ern~ng-m~aet~tren'~~t-be reaeenabiy-ee+eckleted;-eeneider4a ng- the-eI ternetive-metheda eva3}ab~e-t~nder-the-eiret~~neteneee; -te-~nai~e-the-Warn3ng-~nee'age. eres~~ebie-te-the-indt~r~daei-the-Nern3n~-t~eesea~e-ee-thet-the expeacd-3ndividtac~-3e-reaeeneb~Y-~~3~e~Y-te-reee3We-end-t~nder'tand the-wernina-~neee~e ~e-prier-te-expeenre:--'~he-~aeeeage-2enet-e~enr~y eemmun3eate-that-the-ehem#enk-3n-queet3en-i e-3tner+n- te-the-stete te~enr~ee-enneer; -er-b~rth-defeete-er-ether-reprede~ett~re-ha~n- Nething~3n-thie-9eetien-eba~~-be-eenetr~ted-te-pree~nde-a-pereen f rem-previdi ngrwa rni ng,e-ether-then-these-spee#f +ed--in enbdi~3eiene~-{b};-~e},-,,p~md-{d~};-wh~eh~'ntief7-the-reqg3rements-ef th3e-e~bdt*+te3en, -er-te-reqetre-th~nt-~rnrn3x~ge~be-pre~r~ded eeperete~Y-te-eeeh-expeeed-~nd~v~3dme~- (b) The method or methods employed. considerinq the alternative methods awailable, must transmit the warninQ messacre so that the exposed individual is likely to receive and understand the warnina message prior to exposure.. (c) The warnincan message must clearlv:

D R A F T' January 25, 19193 -8- (1) inform the individual that he or she will be exposed to a chemical or chemicals known, to cause cancer, or birth defects or otherrep~roductiv& harm., (2) in the case of comsumer products excosures as defi'ned in section 1260'2. (A) identify.the vroduct fbr which the warning is given. SBI identify any listed chemical for which either of'the folliowina conditions exist: (i) the chemical is present in the product as a known component or inarredient, tnn~ees-exeeebre-te-the-ehemtea~-web}d-be e~e+c~net.-=re~n-the-warn~z~g-reeq~3re~n~ent-ee-dkterra~ned-petreeeMt-te Artie}e-~'-er-~rtte~e-8-ef-tl~~s-eheeterz-er~ however, if'exposure to the chemical would be exempt from the warni : na reauirement as determined!pu'rsuant to Article 7' or Article 8 of this chanter, the chemical needi rnot be identified.. (ii) the Aersoni in the course of' dpina business actually knows that an individual will be exposed to the listed chemicall as a result of the intended use of the prodiuct:-neless-the expoenre-te-th~e-eh~e~e3ea~-wan~d-be-exernpt-f~re~n-the-werr~3n9 t "ent-te-Avtie -7-e t S-eke t _ however i!_f.thee osure to the chemic_a1 would_b exempt from t he warnin re Qo irement_a_s determined ursuant t Article 7 or Article 8 of'this chapter. the chemical need not be identified.

DRAFT' January 25, 1993 (3) in the case of occupational exposures as d'ef ined in section 12602. identify eeeh any listed chemical for which either of the, followincx conditions exist: (A) r+hieh the.person in the course of'dbing business actually knows the employee will be: exposed to the listed chemical in the workplace-, -cgn+ese-the-eMpeeure-te-the-ehem3ea+ weta~d!-be-exernn~-frem-t~he-~+arn~ng= re~a~3re:aer~t'_ee-d~eterm3raed' para~ant-te-~irt~e~e-~-er-Art~e}e-9-ef-tk~s-chnpter--er, however, if'the exposure to the chemicali would be exempt fromthe warning recNirement as: determined pursuant to Article 7 or Article 8 of this chapter, the chemical need not be identified; or the chemical exposure te-wh3eh is subject to the federal Hazard Communication Standard~ (29 CFR section 1910.1200), or the California Hazard Communication Standard (Cal. Code Regs.,; title 8, section 5194'). Nothinqin this subsection shall be construed to relieve any person in the course of doingbusiness from prowiding awarning for chemical exposures which are not subiect to the.federali Hazard Communication Standard (29 CFFt >. section 1910._120!0)-er-Ehe-2a~3fern~e-Haaerd-~oa~n~r~3enC~e_n Stend'drd-f8nl--eeele-Regp:--tit3:e-8.-seetien-5i:94}. G4)in the case of environmental exposures as defined inn N ~ section 1260'.2, ~V. ~ SR,) identify any eaeh listed~ chemical for which the-werntng ~ ~. ~ ~a-g~~rea~--t~r~~eeee-expee~are-te-tke-ehe:niea~-we~a~d_be-exempt-f~reat ~ t~he-werrn~ir~q-req~t3 reMent~-e s-deb errn~n~ed-p~'retaen~-te-~l~t~e~e-~-e~ CO Wj

UR A F' T January 25, 1993 -101- ~lrtie~e-9-ef-th~s-ehaoter- either of the following conditions exist• : (i) the person in the course of doina business is rernuired to report emissions of the chemical pursuant to an emissions reoortincr reauirement under state or federal law. includina but not limited to the Emergency Plannina andCommunity Riaht-to-Know Act of 1986 (42 U.S.C.. sec. 110!01. et seai. )i and Air Toxics "Hot Spots" Informationiand Assessment Act of 1987 (Health &' Saf. Code, sec. 44300, et sea.), however, if exmosure to the chemical would, be exempt from the warnirna requirement as determined pursuant to Article 7 or Article 8 of this chaAter. the chemical need not be identified; or (ii) the aerson in the course of dioina,business actuallv knows that an individual will be exposed to the listed chemical; however, if the! exnosure to the chemical would, be exemot fromi the warning reauirement as determined pursuant to Article 7 or Article 8 of this chanter, the chemical need'.not be identified. (B) identify the medium of exvosure ('e.g. air emissions, soil, discharges to water). (C) identify the person in the course of doing busirness~and the name and address er--3m-tke-esbeenee-ef-ea-addreee--tke t er facilit ag is a retail outlet fi franchise which d ite cau a lavs a_commonl nq merchandisin Where the chain o 0 recoanized 10 or trademark to identify the facilitv, the location of the facility may be identif'ied bv reference to~the logo or trademark.

D R A F T January 25, 1993 -11- (D) present in terms familiar to~the community, by means of'f a map~or narrative description, the approximate geographic boundaries of the area in which the e°xnosure occurs, assuming. normal environmental conditions for the period for which the warning is given--bnt-wee~d-Met-Ke-e~cemp~-frew-tke-wereiriq reqtt~r~ement-es-d~ete~rZn3ned-At~re~en~-te~-Ar~tie~e-~-er-hrt~e}c-9_ef this-ehabter-1, however, areas where the exposure to! the chemical would be exempt from the warning reguirement as determined pursuant to Article 7'and Article 8 of this chapter need not be presented or describedi. In determining the area for which warning is provided, the person in the course of dloinat business may rely upon, exposs information risk assessments dispersion models or common exposure patterns, utilized! by the regulatory actency with iurisdiction over the medium of exposure inithe area for which warning,is provided. (E) provide a telephone number of the person in the course of doinQ business through which the individual may communicate with the person in the course of doina business. > (d) Wherever identification of the.listed: chemical is required by this section and the chemical in guestion is a mixture, including, but not limited to, tobacco smoke and alcoholic beverages, use of the name.of the listed! mixture is sufficient, and the identification of the-individual 1isted chemical components of the mixture is not required. (e) , Nothing in sections 12603, 12604, or 12605 shall be construed to preclude a person~ in .the course of doing business

D R A FT January 25, 1993 -12- from providing warnings other than those specified in sections 12603. 12604. or 126105, orovided that the warninas satisfy the rearuirements of this section,. Nothing in this section, shall b construed to rernnire that warnings be DrovidSd separatelv to each exposed i'ndividiual, jjfj No, warnind. in any part of its form o content. or an , materials offered in connection with the warnina. shall have the effect of denyingdisclaiminq contradicting dimimishin or obscurina the fact that an exposure will occur. No warning s wouj-a' pos_e sicrnificant risk of cancer or produce no observable reoroductive, effect if the exposure were 10W times areater. Section 12602. De,finitions For purooses of'Articlies 6. 7 and 8'~ of'this chapter. the followina d~efinitions shall apgclv: (a) A"consumer products exposure" is an exDosure which results from a, oerson's acguisition., nurchase. storaae. consumption or other reasonably foreseeable use of a, consumer good or any exposure that results from receivina a consumer, service. Lbl An "occupational exposure" is an exposure in the workplace_of-t m eseeabb e em nv occu 0 er-caus nmen a M exnosu as the result t ~~ 1! c_o s_u_ an XP to an ure V7_ CM env_ qnmv medium. includina. but not limited to.- ambi

D' R A F T January 25, 1993 -13- drinking water. standing water, running water, soil, vegetation., or manmade or natural substances, either throughlinhalation, inaestion, skinicontact or otherwise. Environmental exposures include all exposures which are not consumer products exposures. or occupational exposures. 126o3.. Consumer Products Exposure Warning fb~ Warnings for consumer products exposures whichlinclude the.methods of transmission and the warning messages as specified by this aebdiw3eien section shall be deemed to be clear and reasonable. h-ueene~~ner-predh~ete-z~cpeenreu-ie-en-expee~re-wk~ch reauite-frea-a-persen4 a-aeqrt3isitien; -purehesee,--eterag~e- eon't~mption, -er-et~ser-reaeenel~~r-fereeeeQb-le-gse-eg-e-eenstnner geed--er-enY~expeegre-t~snt-reee~te-frem-reeeiving-a-eenerttmer ~erv~3ee- f.1 }LaJ Except as providied! in subdivision (b);. The the warning may be providled! by using one or more of th~e following methods singly or in combination,: 1% tA)-(1) A warning;that appears on a product's label or other labeling. The term "label" means a display of written, printed or graphic matter upon a product or its immediate container. The ~ term "labelingP' means any label or other written, printed or ~ r~. g;ra;phic matter affixed to or accompanying a product or its ~ container or wrapper. ~' {$~M Identif ication of the product at the retail outlet ~ in a manner which provides a warning in advance of'the purchase ~

UR A F T January 25, 19'93, -14- of the oroduct. Identification may be through shelf label'trg displaYs, signs, menus, sybols! or a combination, thereo~f.fe}(3) A system ofl signs, public advertising identifying the system!and toll-free information services, or any other system, that provides clear and reasonable warnings. {8}(b) For alcoholic beverages, including, without limitation, beer, malt beverages, wine and! distilled spirits, the warninQ,mav be Arovidled as follows: I-u Prtmarily If primarilw intended for consumption off the premises where sold'ior distributed,: {i}(A) at least one notice:or sign, noismaller than 100 inches wide by 10 inches high, and bearing the warning messagee set forth in paragreph-{4}{e}-ef-th~s-sebseebiem subsection (e) (5) ;' or {33}(B) at least one horizontal strip marker no smaller than 10-1/2 inches wide:by 1-1/4 irnches high, and bearing the warning message set forth in peregraph-{f}{3}-ef-thss-snbseetsem subsection (e) (5) ; or {3ti}(C) a notice no~smaller than 5 inches by'5 inches, and bearing the warning message set forth in pnragrQph-{#'}{3}-ef-tkts subseetiea subsect ion (e)(51. 'fiv~(D) If signs 10 inches high by 10 inches wide are: used, the word "warning" shall be centered three-quarters of an inch from the top of the sign in, ITC Garamond bold'condensed type: all in one-inch capital letters. Three-sixteenths of an inch from the base of the word "warning"'shall be a line extendiimg

DRAFT -15- January 25, 1993 from left to right across the width of the sign one-sixteenth of an inch in thickness. Centered one-half inch~below the line shall be the body of the warning,message in 36/50 ITC Garamond bold cond~ensed!type face with the initial letter of each word, other than the conjunctive "and,"'capitalized. For the body of the warning message, left and right margins of at least one-half of an inch, and a bottom, margin of at least one-half inch shall be observed. Larger signs shall bear substantially th~e samee proportions of type size and spacing to, sign dimension as the sign 10 inches high by 10 inches wide. {v}(E) If the 10-1/2 inch by 1-1/4 inch horizontal strip markers are used, the word "WAFtNING', "' punctuated by a colon, shall be justified' left and' located three-sixteenths of an inch from, th~e top of th~e strip notice in ITC Garamond' bold condensed type face in capital letters measuring eleven sixteenths of an inch in height. Three thirty-seconds of an inch from the base of the word "WARNING" shall be a line extending from left to right across the width of'the word "WAR ING"~ and the punctuating colon ~ one thirty-second, of an inch in thickness. Located one-fourth of an inch, from the top and'one-fourth, of an inch from the bottom of the strip notice, and to the immediate right of the word "WARNING," shall be the body of the warning message in 12/16 point ITC'Garamond bold condensed type face with the initial letter of each word, other than the conjunctive: "and," capitalized. The word "WAFtNING'" sha11 be one-half inch from the

D R A F' T' January 25, 1993 -16- left edge of'the strip notice and the requisite warning message shall extend to within one-half inch from the right edge. fvi~M I'fthe5inchby 5 inchisignsare:used,theyshaslibear substantially t'he same proportions of type size andl spacing to sign dimensionlas the sign 10 inches high by 10 inches wide, with both the word "WARNING" and the warning text set in white: on a contrasting red background,. fv#i}u Such sign or notice shall be placed in the retail establishment so as to assure that it is readable and likely too be read either at each retail point,of sale or each point of display. Such sign or notice shall be.placed'either at all retail points of'sale or all points of display, but need not be: placed' at both. If 10 inch by 10 inch signs or notices are placed~ at the point of display, each, shall be placed no, more than ten feet from any alcoholic beverage container in a manner associating the sign or notice with the.display. If horizontal strip notices are used, they shall be: placed at ten foot intervals horizontally along the display. If a 5 inch by 5 inch sign is used, it shall be conspicuously placed at each retail point of sale (.e.g., check-out'counter, cash, register, cash box)) so that it is likely to, be read and understood during,the sales transaction. {v#tt}Ln All measurements specified or referred to in paragraphs f'tv},--fv}-end'-fvi} (D) .(E1 , and (F), above, are not required toibe precisely accurate.

D R A FT , January 25, 1993 -i~- 2-j1 Frewided If provided for consumption on the premises at tables served by food or beverage persons, or sold or distributed through over the counter service: {i} A a notice or sign displayediat each of the tables where alcoholic beverages are served or may be: consumed at least 5iinches high by 5 inches wide bearing substantially the same type face andisubstantially the same proportion of type size and' spacing, to sign dimension, as described in paragreph-{B}~-{vt} subsection (b) Mi ('F) ; . or {~i}LB1, the warning message set forth in parag,reph-{4~{e} ef-th3s-'ubdivis3eno subsection (e) (41, placed upon a menu or listt in association with, the alcoholic beverages listed thereon and served!at such premises:, or if alcoholic beverages are not listed thereo,n, on any menu or list providedto patrons in association with the listing of'food andibeverage offerings, in type size and design, such that the text is conspicuous and likely to be read prior to consumption of alcoholic beverages or, {3ii}(C) at least one 10:inch by 10 inch sign, meeting the ,. specif ications set forth iin parng,raph {B}~-{~v} subsection ('b) (1) (DY of this subsection, placed' solthat it is readable and likely to be read by patrons as they enter each public entrance to~the establishment,. If the establishment does not have ciearly defined physical boundaries delineating those areas where, by permit or license, alcoholic beverages are~served, the 10 inch, by 10 inch sign shall be posted, so~that it is readable and likely to~

D R' A F T' January 2s~, 1991 -18'- be read by patrons as they enter the area or areas where, by permit or license, alcoholic beverages are served, and. fiv~jn Zf'soldorr distributed throughr over the counter service, at least one sign, meeting the specifications set forth in pcacg,reigM~{8}4-{~rr} subsiectionLb) (1)(M of~this subsecti=,, placed in the retaill establishment so that the warningimessage is, prior to the consumption of alcoholic beverages, readable and 1ikely,toberead from all counter'locations ava,ilabletothe: public. Therefore, a retail establishment providing a warning pursuant to,the preceding sentence, also,would be required to provide a warning i accordance with either peregrcph 9.{t}; -this-subseetian subsection (b1(2)(A). (b);(2') LB)~. or(b) (2) ('CY. 3-0],, For premises which are specially licensed to sell and serve alcoholic beverages both on and off the licensed premises ('e.g., in facilities that offer both "tasting" and retail sales)~, the: off -sale portion of'the p~remisesshallcomply with the provisions of'subsection {8}+ (b)(1), above, and the portion of the premises, where alcoholic~beverages are served shall comply with the provisions of subsection f8}9 ('b)(2), above. 4-u, For alcoholic beverages soldor distributed to consumers through the ma'1l or package delivery services, warnings may be.providled by incorporating or placing the warning message set forth in~ per@g,rapk-f 4~f'£?} subsection (e) (5)1 on or in the shipping container or delivery package in such a manner so that

DR A F T January 25~, 1993 -19- the warning message is likely to be readby the recipient prior to consumption of'the alcoholic beverage(s). 5:-u All signs, or notices referred' toim p~aragraphs{B}~-,{9}~--er~d-fB}3r (b) (1) , ('b), (2) , and (b) (31, above, shall be displayed so that they are clearly visible under all lighting conditions normally encounteredIddrinq business hours. {R}jq.j To the: extent practicable, warning materials such as signs, notices, menu stickers, or labels shall be provided by the manufacturer, producer or packager of the consumer product, rather than by the retail seller. For alcoholic beverages, the placement and maintenance of the warning shall be the responsibility of the manufacturer or its distributor at no cost to the retailer, and any consequences for failure to do the same shall rest solely with the manufacturer or its distributor, provided that the retailer does not remove, deface:, or obscure the requisite signs or notices, or obstruct, interfere with, or otherwise frustrate the manufacturer's reasonable efforts to post, maintaim, or periodically repla~ce said materials. For .. prescription drugs and medical devices, the labeling approved or otherwise provided under federal law and the prescriber's accepted practice of'obtaining a patient's informed consent shall be deemed'to be a clear and reasonable warning. f3}(d) The warnings provided pursuant to paregrapha-{-I}fA} end-{~}{$} subdivision (a) (1) and (a)(2) shall be prominently placed'upon, a product's label or other labelingi or displayed at the retail outlet with such conspicuousness, as compared with.

D RI A FT -2'0- January 25, 1993 other words, statements, designs, or devices in the label, labeling or display as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. f+}u The warning message must include the: following language (where lanauaae is enclosed in brackets. the most specifically descriptive term under the circumstances shall be empl'oyed)_• • ~ {h} 1 ~ For consumer products that-eemtsia a-ehemiea+ t e use of which by the average user of the general category of product will result in an exposure to one or more chemicals known tolthe state to cause cancer: "WARNING: Thta Using, Us this product eeRt'aina w'i11 expose you to e ehemieai eheziea1±'s+ fia chemical, chemicalsli known ta-t~ae-Skete-ef-~e~tferaia to cause cancer." The message may include the words "to the State: of California" after the word "known." The message shall also set forth the information reguired by subdivision (c)(2) of section 126,01 of this article. {~B}_LU For consumer products thct-eenteir a-ehemieai the use of which by the average user of the general cateaorv of product will result in an exposure to one or more chemicals known to the state to cause reproductive toxicity: "WARNING: 'Phis Haina Use o, this product eerstatne wi11U expose vou to:g eheziee+ elaemiee1fa* fia chemical, c'hemicalsl,

DRAFT -21- January 25, 1993 known te~the-6tate-ef-ea~ffernia to cause birth defects or other reproductive harm." The message may include the words "to the State of California" after the word "known." The mes,sage shall also set forth the information, required by subdivision (c)('2) of section 12601 of this article. (3) For consumer products the use of which by the average user of the general categorv of'product will result in an exposure to one or more chemicals knowmito the state to cause cancer or reproductive toxicit.y: "WARNING: Heing Use of this product will expose you to a eheriea}fe* f a chemical, chemicalsl , known to cause cancer and birth defects or other reproductive:harm." The messacLe may inc_ludie the words "to the State of California"_ after the word "known."' The message shall also set forth the information rectuired by subdivision (c)(2) of section 12601 of this article. fe~--Fer-feed;-etl~er-than-a~eeke~ie-beveragee;-ee~d--eerv~ed,- er-etherw~ee-pre~rfded'-3n-fecd'-ffteii3t3ea;-as-deftned-tn-Health-62 SafetY-2bde-Seetien-2452lf'a}; -N1~3eh-te-~ntended-fer-3manedfe~e eene"ptiee- uwMUi1NG---ehemieafe-knewn-te-tMe-6tate-ef-ealifern3a-te ea~ee-eaneer;-er-b3rth-defeete-er-et)ner-repredhetive-harm maY-be-present-tn-feeds-er-bewermqes-eel-d-er-eervred-kereru fft(4) For fre~eh fruits, nutsandvegetabl;esi-buL :

UR A F T .7anuary 2'S, 1993 -22- "'WARNING: Thi predeset-n+a~r-eentasr~ Ea'tina this vroduce will expose vou to a-ehemiea+ fa chemical, chemicals') known to the-6tate-ef-eel-sferM3e-te cause cancer, or birth defects orr other reproductive harm." The messace may'include the words "to the State of California" after the word! "known."' The message shall als'o set forth the informat:'on rernaired by subdivision Cc) (2) of section 12601 of this article. fB~L]5„ For alcoholic beverages, including, without limitation, beer, malt' beverages, wine and distilled spirits:. "WARNING: DrinkingiDistilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and,. Du'ring!Pregnancy Can Cause Birth Defects." (6) For newly constructed residential dwellinas: "HEALTH W;ARNING': Materials included in the constru+ction of this~ dweliling wi1L expose you to eheziealf's* Ca chemical. cheznicals) known to cause cancer. or birth defects or other reproductive harm:" The mess'aae may include the words "to the State of California" after the word "known." The messaae! shall also set forth the information reauired by subdivision (c)i(2) of section 12601 off this articl!e. {5}j~l A-persen-3~s-the-eeerse-ef-e~eitfg-bns2r~ess,-whe maaeafaetnree;-dtetrtbet~ee;-;-predneee;-aesemb~es--preeeee~ea: kandles;-distribntes,--steres--sel-3:s,-er-etherwtsie-transfers-a eenaeme r-pred~net-whieh-he-e r-s'1#e-icnews -t e-eentaan-a-ehem3eQ+

DRAFT -23- January 25, 1993 kMewn-te-the-stQte-te-eeetnoe-enneer-er-reprediaettve-texieitY in-en am~et~nt-whieh-reqt~ire~e~e-w~ern~ng-ehe~~-previde-e-warr~~n~grte~-enY persen-te-whemt-the-preduet-ts- sel-d-er-transferredz-aniesa-the pred~et~-~a-pneknged-er-~ebe~ed-w3th-a-e~eer-and-reeeenel~~e wern3ng- A person, in the course of doing business who: (1) manufactures, produces, or otherwise transfers a product or goods, which, it knows will be used in, the manufacture or production of a, consumer product, and which it knows to contain a detectable amount of a, listed chemical has a duty to inform any person to whom the product is sold or transferred~ about the presence of the liisted ch~emical. (2) manufactures, produces er packages or otherwise transfers a product for retail sale which requires a warnincr to the retail consumer pursuant to section 25249.6' of the Health and Safety Code has a duty to inform any other personi in the course of doing business to which the product is transferred that a, warning is requiredi, unless ~ (A) the product is packaged or labeled with a clear and reasonable warnincti, or (8) the-trnneferer-3enewe-thet-ex~reeed-reta~~-eens~aier'-w~~~ be-q~vcn-eiear-nnd-renseneb~'e-wern3nv~bY-ether-n+eene~ -er te transferor has received written assurances from the transferee that exposed retail consumers will be given clear and~ reasonable warning, or

D R A F T -2'4- January 25, 1993 (C) Eke-CrQmofrrer-kas-etherrrise-tnfe'rmed-tke reta+ier tkat. a-werntne-tsrreemired the transferor, m'anufa~cturer, tiroducer. packaaer, or any aaent of the transferor manufacturer producer or packaaer has otherwise providied clear and reasonable warning to the retail consumers. Nothing in this subsection shall be const'rued' to relieve any person, in t'he course of'doing business of'its obliaation to: provide clear and reasonable warnincz Section 12604 Occupational Exposure Warnin+os. Warnings for occupational exposures whichlincludd the methods of transmission and the warning messages as specified by this section shall be deemed clear and reasonable. An "'occupational exposure" is an exposure, in the! workplace of the employer causing the exposure, to any employee. {'+}(a) The method employed to transmit the warning must include one of the following alternative methods:' fA}u A warning that appears on the label or labeling of a product or substance present or used'in the workplace. The label or labeling s'hall be prominently displayed on the product or substance and the product or substance shall be used under circumstances which, make it'likely that the warnings will be read and understood by employees er-etker-indtvtdual 9 1 prior to the exposure for which the warning is given. fB)-LU A warning that appears on a sign in the workplace posted in a conspicuous place and under conditions that make it.

D R A F T January 25, 1993 -25- likely to: be read and understood by employees and.-etkerind3videals prior to the exposure for which the warning is givenl. fe}u A warning to the exposed employee about the chemical in question which fully complies with all information, training and labeling requirements of the federal Hazard Communication Standard (29 CFPtS'ection 1910.1200, as amended and filed September 30, 1986), the California Hazard Communication Standard (Cal. Code Ftegs.,'P'itle 8, Section 5194, as amended and fil" Metr-~6--i984 ' effective December 17, 1991), or, for pesticides,, the Pesticides and Worker Safety requirements (Cal. Code F:egs., Title 3, Ch. 6, Subch. 3, Group 3, S'ection; 6700 et seq., in effect February 16, 1988) authorized in Food! and Agricultural Code Section 12981 (as amended'by Statutes of 1980, Ch. 926, R. 2945, Sectio,ni 1). (4) A warning which is the.subiect of a, letter delivered at least cruarterliy to each exposed emplovee describino the source of the exposure and which meets all applicable rec.ruirements of section 12601. > fe} b Forpurposesof' subsection a)(1),, the warning shall be: provided in terms which, would provide a clear warning for a: consumer product as specified' in section 12603. f3}u For purposes of parngjreph-{+}{'B}-ef-thi: s-smbd3visien subsection ('a)(2) , the following specific warningimessages shalll be deemed to clearly communicate that an individual is being exposed to a chemical known to the state to cause cancer, or

D R A F T -26- January 25, 1993 birth defects;or other reproductive ha:rm. Where lanrzuaae is enclosed in brackets, the most specifically descriptive term under the circumstances.shall be emnloved. ~ fA}jU For exposure to a chemical known to the state to cause cancer:, "WARiIING:Thisi We~rhtng-tn jEtiterina, Working inl this a:froom.floora buildinavard. field, areall eentatns wil expose,you to a chemical know.mite-the-6eate-ef-e1ai:i:fern4:a too cause cancer." Consult your supervisor or material safety' data sheet for information about the f'chemical, chemicalsl and appropriate safety measures. The message may include the words "to the State of California" after the word "'known." {~$}j2) , Foxexposure to a chemical known!tothe stateto, cause reproductive toxicity: "WARNING: T4sts Wer)etma-irs f Ehterina. Working inl this e,rea [room, floor, building, yard, field, area] eentestns w" l exQose you to a-ehenie~~ fa chemical, chemicalsl!__known te the-Steee-ef-ee+iferntea to cause birth defects or other reproductive~harm~." Consult yo~ur,suoerviso~r or mater°ial, safetv data sheet for information:about t3ie!f chemibal , chemicalsl and appropriate safetYmeasures. The message maw include the words "to the State of California" after the word "known." (3) For exposure tQ one or more chemicals known'to the state~to cause cancer or reproductive toxicity:.

DRAFT' - 2'7 - January 25, 1993 "WAPtNING • Wer}ting-tA f EnterinQ, Workingin1 this eree [room floor, buildin vard field area will e ose Yo to e-eheziea+f'* faichemical, cheznicalsl known,to cause cancer and birth defects or other reproductive harm." Consult your suoervisor or material safety data sheet for informationi about the fchiemical, chemicalsli and! appropriate safety measures. The message may include the words "to the State.of California°, after the word "known." Section 12605'. Environmental Exposure Warnings fd} Warnings for environmental exposures which include the methods of transmission and the warning messages as specified by this section shall be deemed clear and reasonable. An uenv i renzenteI-expeeureu'-# s-an-expeatare-wh ieh-maY-f areseeab+Y ceeffir-ne-the-rests~t-ef -eent~eet-wtth-en-envirer~et~ta~-~ned3~; 3neiudtrag; -but-met-~im3ted-te; -embient-es3r--indeer-ntr;-drinking weter,..-atend3ng-water;-rttnn3ng-weterT-ee3};.-rregetetien.,-er "I ~e~nnzend~e-er-netern}-ee~etanees , -either-thret~gh-inh~e~Qt~en; ingeet3en--'~kin-eentnet-er-etherwieer--Envirerueenta~-earpeee~ree. ineI ede-e+ I -ea[peau res^whi eh-are-not-eense.mer-predetcts~-expesttree- er-eeeepatienel-expesuree- (a) For purposes of'this section the term "affected'area"' me_ans the_area in which the ex o:sure occu s--naaum Rei-ne_r~!Q enw~renn~~er~taf-eend~t~ene~ f er-th,e-~rer~od-fer-wh~ek-the-warnir~g-3a gtver~--bmt-we~a}d-net-be-exe~npt-f reaa-the-warnit~a-rerteas re~eent-ee

U R A F T -28'- 'lanuary 25, 19933 deterat 'tned-tsmrenent-te-hrtiei: e-3-end -Artie+ e-e-eg-thta-ehQpter The "affectediarea" may exclude areas ini which exnosure occurs but the: exposure would be exempt from t'he warnina, requirement as determined pursuant to Article 7 and Article 8 of'this chanter. In determining the area for which warning is ~rov'ided the ©erson, in the course of doina business mav s'hal ,re1y upon information., e.a., risk assessments disDersion models or common exnosure. patterns. utilized by the regulatorv agencv with iurisdiction over the medium of exposure in the area for which warning is provid'ed'. In.determinina the area for which warning is nrovided, the person in the course of doinabusiness ma assume norma environmental conditions for the period~ for which the warning is iven. {l~ ub, The method or methods employed to transmit the: warning must include the most appropriate of the following alternative methods under the aircumstances: fh}M A warning, that appears on a sign or signs,in consoicuouslv pl!acp.-i throuahout the affected area. The term "sign"' means a, pres: ntation of written, printed or graphic matter. The-eerm-ueffeeted-ereeu-meaas-the-erea-in-whieh-ars expesnre-te-n-ehemteei-itaewn-te-the-stete-te-eansie-eenear-er repred~setivice-texie3ty-3a-at-a-level -that-requires-@-werraing: A posting of signs in the manner described in Section 6776, , (e) (1) of Title 3 of the California Code of Regulations (as amended and filed August 15, 1986) shall be sufficient for purposes of'thisl

D RI A F T January 25, 1993 -29- pareg,reph on-site warnings for anmlications of pesticides to agricultural crop:s. {B}u A warning which is in a notice mailed or otherwise deLivered to each occupant im the affected area. Such notice shall be providled' at least once in any three-montth~ period. fe} 3 A warning provided by ptb+te published media an ouncements which target the af'fected' area. Such announcements shall be made et-~ees~-enee-in-any-lthree-menth-per'ed in daily newspapers on the weekday nearest January 101, April 10. July 10 and October 10. Additional warnings pubSished in~ weekly news a ers if rovided' shall appear on the normal publication diate closest to these dates. Where a daily newspaper does nott circulate~ in the affected areaI, the warninct may becaiven in aweekl'y newspaper on the normal publicatiorn date closest to these dates. Newspaper warninas in daily news a ers shall appear in the main news section of'the news.paoer, or in the da_ ily local seoment ef-the-rerrspaper which is circulated in the affected area. At a minimum, the warnin+a shall 2 columns by'8 inches, or . 3 coluanns by 5 inches. fi} c Environmental exposure warnings shall be provided in a conspicuous manner and under such conditions as to make it ~ likely to be read, seen or heard and understood by an!ordinary ~ individual in the affected~area in the course of normal daily ~ activity, and reasonably associated with the location and source ~ N of the exposure. Warnings on sians for eamosure to environmentah C!l' tobacco smoke shall be oosted at or immediately adriacent to each

D R A F T January 25, 1 -3~- Paint of'entry into the specific area. room or floor in whichl smokincr is permitted. {3,}JSLJ For purposes of para~raph-f~}f~} subsection (b),f11 ef-*hta-eebdivtaten, the fo11!owing[ specific warning messages sha11 be deemed to clearly communicate that an individual is being exposed to achemica1 knownto, the:state to,cause, cancer',or birth~ de~fectsor other reproductive harm. Where lancruageis enclosed in brackets~, the -most specificalld'escriptive termunderthecircumstancesshall beemplo+yed.{h}M For exposure to a chemical known to the state to, cause cancer: "WARNING: This area-eentains s3te-er-feeilitY ,site fac~yl will expose you to a-ehemiea* la chemical, chemicalsl known te-the-5'tate-ef-eal-ifern3e to cause cancer." The messaqe may include the words "to the State of California" after the word' "known." The warning shall also specify the i!nformation set forth in sub.section (c) G4) of section 12601 of this article. ~$}La For exposure to ai chemical known tio the state to causereproductivetoxicity:"WAFiNING: This aree-eentatrss sttE~-er-feeesiity site faci 1 wi1l expose you to, a-ehei+iea+ ta chemical, chemicalsl known te-the-State-ef-eal-tfernia to cause birth dief~ectsorother reprod'uctiveharm."

D R A F T January 25, 1993' -31- The message may include the words '"to the State of'California° after the word "known." The warning, shall also specify the information set forth in subsection (c)1(4)i of' section 12601 of this article. (13) For exposure to:one or more chemicals known to the state to cause cancer or reprodiuctive toxicitys "WARNING: This s4te-er-fQeiltty f site, facilityl will expose you to Q-ehemteel:##s} fa che:nical, chemicalsl known to cause cancer and birth defects or other reproductive harm." The message may include the words "to the State of California" after the word "known." The warning shall also specify the information set forth ini subsection (c) (4) of section 12601 of this article. (4) For exoosure to environmerntal tobacco smoke: "WARNING: This faci'lity permits smokinQ, and tobacco smoke is known to cause cancer. Certain.comoo,nents of tobacco smoke are known to:cause birth defects or other reproductive harm!." s The messaete may include`the words "to the State of California" after the word "known!.° f'd*(e) For purposes of subsection (b)(2) and' (b) (3'). depiction of th~e affected area on a map is aisuff'icient description of'the area The map, must hicxhlight or emphasize the approximate boundaries of the affected area by street name or other commonl reco nized aeocFra hic__ feature, either natura man-made, in relation to the location of'the facility'or site and

U R' A FT -3'2- 3anuary~ 25, 1~993'3 include a statement that the man denicts the mam deoicts the affected area. (f), TheIn addiitioatotheinformation set forth in.~ s~ubsections(d) and (ej ,the warnina,messaQe mavincludethe, followin!o lancruace about the leqal requirement of the Act: (1) for chemicals known to cause cancer: "This information is given under Prooosition 65. which recruires that you be warned before being exposed to the identified chemicals. No warning would be necessary if for each chemical! (name of companv) could show sci!entifically that such ann exnosure every day for your lifetime would pose no sianificant risk, i.e.. would increase vour cnances of contractinci cancer by no more than one in 100,000., (Nameofcomgany) hasnot, made this showing. (2) for chemicals known to cause reoroductive toxicity: "This information isgiven under Provosit_ion 65. whi,ch, reauires that you be warned before being exposed to the id'entified chemicals. No warning would be necessary if for each che:nical (name of company) could show that such an exposure,. multiplied 1000~times~ can be scientifically demonstrated to Qrod'uce no observable reproductive effect. (Name of' companv) has~ not madle this showina. " (q) For episodic exposures~to a,carcinoqen, the warnin!a messaoe mav, i~n addition to the information set forth, in subsections (d)~. (e) and (f), include the following lanquacte in addition t~othelanauaare setfo:rth in, subsectioni (d) (1):

D R A F T -33- January 25, 1993 "The exposurestoth~eidentified chemicalsoccur when (name of'company), conducts the following operation: (Give brief description of' operation in layperson's terms.) "This operation occurs (number of days that the operation occurs); per year. Your health risk will depend on the concentration of the exposures, their frequency and their duration. Authority: Health & Safety Code Section 25249.12 Reference: Health & Safety Code Sections 25249.61, 25249.11 Proposed' ef fective dlate : February 11 , 1994