Tobacco Documents Online

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,