The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election (Proposition 65), prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from knowingly discharging or releasing such a chemical into water, or into or onto land and passing into any source of drinking water, except as specified. Proposition 65 requires the Governor to cause to be published a list of chemicals known to the state to cause cancer or reproductive toxicity within the meaning of the act, and to cause the list to be revised and republished in light of additional knowledge at least once per year. Proposition 65 requires that the list include, at a minimum, the substances identified in specified law, including substances listed as human or animal carcinogens by the International Agency for Research on Cancer.

This measure would require provide that the Legislature resolves that the Office of Environmental Health Hazard Assessment to fulfill its nondiscretionary duty to expeditiously review the International Agency for Research on Cancer monograph relating to processed meat and add processed meat (for consumption) for consumption to the list of chemicals known to the state to cause cancer or reproductive toxicity.

The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election (Proposition 65), prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from knowingly discharging or releasing such a chemical into water, or into or onto land and passing into any source of drinking water, except as specified. Proposition 65 requires the Governor to cause to be published a list of chemicals known to the state to cause cancer or reproductive toxicity within the meaning of the act, and to cause the list to be revised and republished in light of additional knowledge at least once per year. Proposition 65 requires that the list include, at a minimum, the substances identified in specified law, including substances listed as human or animal carcinogens by the International Agency for Research on Cancer.

This measure would require the Office of Environmental Health Hazard Assessment to fulfill its nondiscretionary duty to add processed meat (for consumption) to the list of chemicals known to the state to cause cancer or reproductive toxicity.

WHEREAS, The Legislature affirms that in passing the Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, the people of California declared their right to be informed about exposure to chemicals or substances that cause cancer, birth defects, or other reproductive harm; and

WHEREAS, Proposition 65 is intended to help Californians make informed decisions about protecting themselves from chemicals known to cause cancer, birth defects, or other reproductive harm; and

WHEREAS, Proposition 65 requires the state to publish a list of chemicals that are known to the state to cause cancer or reproductive toxicity; and

WHEREAS, The Proposition 65 list is updated at least once a year and now includes about 800 different chemicals; and

WHEREAS, The Office of Environmental Health Hazard Assessment is designated to maintain and update the Proposition 65 list; and

WHEREAS, Businesses selling products to people in California must provide clear and reasonable warnings before knowingly exposing people to any chemical on the Proposition 65 list, unless the expected level of exposure would pose no significant cancer risk; and

WHEREAS, Proposition 65 defined no significant risk as a level of exposure that would cause no more than one extra case of cancer in 100,000 people over a 70-year lifetime; and

WHEREAS, Chemicals are added to or removed from the official Proposition 65 list of chemicals known to the state to cause cancer or reproductive toxicity based on Californias analysis of current scientific information, and the list is required by Proposition 65 to include, at a minimum, substances identified in paragraph (1) of subdivision (b) of, and in subdivision (d) of, Section 6382 of the Labor Code, which includes the substances listed by the International Agency for Research on Cancer (IARC) as human or animal carcinogens; and information; and

WHEREAS, Paragraph (1) of subdivision (b) of, and subdivision (d) of, Section 6382 of the Labor Code require the substances listed by the International Agency for Research on Cancer (IARC) as human or animal carcinogens to be added to the Proposition 65 list; and

WHEREAS, The IARC formally listed processed meat (consumption of) on its list of Agents Classified by the IARC Monographs as carcinogenic to humans (Group 1); and

WHEREAS, The IARC monograph, detailing the scientific justification for classifying processed meat as carcinogenic to humans, was released in March of 2018; now, therefore, be it

Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Office of Environmental Health Hazard Assessment expeditiously review the IARC monograph relating to processed meat, as required by paragraph (1) of subdivision (b) of, and subdivision (d) of, Section 6382 of the Labor Code, and add processed meat for consumption to the list of chemicals known to the state to cause cancer or reproductive toxicity; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

WHEREAS, The Legislature affirms that in passing the Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, the people of California declared their right to be informed about exposure to chemicals or substances that cause cancer, birth defects, or other reproductive harm; and

WHEREAS, Chemicals are added to or removed from the official list of chemicals known to the state to cause cancer or reproductive toxicity based on Californias analysis of current scientific information, and the list is required by Proposition 65 to include, at a minimum, substances identified in paragraph (1) of subdivision (b) of, and in subdivision (d) of, Section 6382 of the Labor Code, which includes the substances listed by the International Agency for Research on Cancer (IARC) as human or animal carcinogens; and

WHEREAS, The IARC formally listed processed meat (consumption of) on its list of Agents Classified by the IARC Monographs as carcinogenic to humans (Group 1); and

WHEREAS, Processed meat means meat that has been transformed through salting, curing, fermentation, smoking, or other processes to enhance flavor or improve preservation, and meat includes, but is not limited to, mammalian muscle tissue, poultry, offal, and meat by products, such as blood; now, therefore, be it

Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Office of Environmental Health Hazard Assessment shall fulfill its nondiscretionary duty pursuant to subdivision (a) of Section 25249.8 of the Health and Safety Code and paragraph (1) of subdivision (b) of Section 25904 of Title 27 of the California Code of Regulations, or any successor regulation, to add processed meat (for consumption) to the list of chemicals known to the state to cause cancer or reproductive toxicity; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: SCR 100

SUBJECT: Safe Drinking Water and Toxic Enforcement Act of 1986: list of chemicals known to cause cancer or reproductive toxicity: processed meat

ANALYSIS:

Existing law:

1. Establishes the Office of Environmental Health Hazard Assessment (OEHHA) within the California Environmental Protection Agency and designates OEHHA the administering entity for Proposition 65.
2. Under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65):
   1. Requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm.
   2. Requires businesses to notify Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment.
   3. Prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
   4. Requires OEHHA evaluate all currently available scientific information on substances considered for placement on the Proposition 65 list.
   5. Requires a chemical or substance be included on the list of chemicals known to the state to cause cancer if it is a chemical or substance identified by reference in Labor Code Section 6382(b)(1) as causing cancer.
      1. A chemical or substance shall be included on the list if it is classified by the International Agency for Research on Cancer (IARC) in its IARC Monographs series on the Evaluation of Carcinogenic Risks to Humans (most recent edition), or in its list of Agents Classified by the IARC Monographs, as:
         1. Carcinogenic to humans (Group 1), or
         2. Probably carcinogenic to humans (Group 2A) with sufficient evidence of carcinogenicity in experimental animals, or
         3. Possibly carcinogenic to humans (Group 2B) with sufficient evidence of carcinogenicity in experimental animals. A chemical or substance for which there is less than sufficient evidence of carcinogenicity in experimental animals and classified by IARC in Group 2B shall not be included on the list.

This resolution:

1. States:
   
   1. Pursuant to paragraph (1) of subdivision (b) of, and in subdivision (d) of, Section 6382 of the Labor Code, OEHHA is required to list substances listed by the International Agency for Research on Cancer (IARC) as human or animal carcinogens as chemicals known to the state to cause cancer or reproductive toxicity on the Proposition 65 list; and
   2. IARC has formally listed “processed meat (consumption of)” on its list of “Agents Classified by the IARC Monographs” as “carcinogenic to humans (Group 1)”; and
   3. The IARC monograph, detailing its scientific justification for classifying processed meat as carcinogenic to humans was released in March 2018,
2. Resolves by the Senate of the State of California, the Assembly thereof concurring, that OEHHA expeditiously review the IARC monograph and as required by paragraph (1) of subdivision (b) of, and in subdivision (d) of, Section 6382 of the Labor Code add processed meat for consumption to the list of chemicals known to the state to cause cancer or reproductive toxicity.

Background

1. Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The proposition protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to such chemicals.

Proposition 65 requires the state to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity. This list, which must be updated at least once a year, has grown to include more than 800 chemicals since it was first published in 1987.

Proposition 65 requires the State of California to publish a list of chemicals known to cause cancer or reproductive toxicity, and to update the list at least annually. (Health and Safety Code section 25249.8).

The list contains a wide range of naturally occurring and synthetic chemicals that are known to cause cancer or birth defects or other reproductive harm. These chemicals include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.

The statute defines four ways for a chemical to be added to the Proposition 65 list.

• 1. Labor Code Listing. At a minimum, the list must contain chemicals identified by reference in Labor Code section 6382(b)(1) or (d).  Labor Code section 6382(b)(1) incorporates chemicals identified by the World Health Organization’s International Agency for Research on Cancer (IARC) as causing cancer in humans or laboratory animals.
  2. State's Qualified Experts (SQE). Either of two independent committees of scientific and health experts can find that a chemical has been clearly shown to cause cancer or birth defects or other reproductive harm. These two committees—the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant Identification Committee (DARTIC) — meet at least once each year and are designated as the “State’s Qualified Experts” for evaluation of chemicals under Proposition 65.
  3. Authoritative Bodies (AB). The CIC and DARTIC have designated certain organizations as “authoritative bodies.” A chemical will be added to the Proposition 65 list if one of these authoritative bodies formally identifies it as causing cancer or birth defects or other reproductive harm.

The following organizations have been designated as authoritative bodies: the US Environmental Protection Agency, US Food and Drug Administration (US FDA), National Institute for Occupational Safety and Health, the National Toxicology Program of the US Department of Health and Human Services, and IARC.

• 1. Formally Required to be Labeled (FR). If an agency of the state or federal government requires that a chemical be labeled or identified as causing cancer or birth defects or other reproductive harm, it will be added to the list. Most chemicals listed in this manner are prescription drugs that are required by the US FDA to contain warnings relating to cancer or birth defects or other reproductive harm.

Although Proposition 65 listing and delisting activities are expressly excluded from the requirements of the Administrative Procedure Act by Health and Safety Code section 25249.8(e), each procedure involves, at a minimum:

• Public notice that a chemical is under consideration for listing
• A public comment period
• Review of comments receive
• Notice of the final decision 

1. World Health Organization (WHO), the International Agency for Research on Cancer (IARC). IARC is the cancer agency of the WHO. IARC works with international experts to identify priorities from among agents suspected of causing cancer, based on the availability of scientific evidence of carcinogenicity and evidence that people may be exposed to the agent. Priority can be given to a wide variety of agents or substances with different impacts on public health. For example, air pollution has a high public health impact because everyone is exposed, even if exposure levels are generally low. On the other hand, occupational exposures, such as those involving vinyl chloride, may be very high and can therefore have a marked impact even if very few workers are exposed.

The IARC Monographs Programme identifies environmental factors that can increase the risk of human cancer. These include chemicals, complex mixtures, occupational exposures, physical agents, biological agents, and lifestyle factors. National health agencies can use this information as scientific support for their actions to prevent exposure to potential carcinogens.

The evaluation is carried out by a Working Group of independent international experts. The experts prepare draft documents in advance, based on the available scientific evidence, and subsequently gather for eight days at IARC in Lyon to discuss and finalize their assessment of whether a specific agent causes cancer. They critically review the scientific evidence according to strict criteria, which focus on determining the strength of the available evidence that the agent causes cancer. First, the experts work in subgroups to critically review four types of data:

• The situations in which people are exposed to the agent
• Epidemiological studies on cancer in humans exposed to the agent (scientific evidence of carcinogenicity in humans)
• Experimental studies on cancer in laboratory animals treated with the agent (scientific evidence of carcinogenicity in animals)
• Studies of how cancer develops in response to the agent (scientific evidence on cancer mechanisms).

During the second part of the meeting, the entire Working Group meets together to discuss the subgroup evaluations and to combine these into overall evaluations of carcinogenicity to humans.

IARC classifies carcinogens in five categories ranging from carcinogenic to humans (Group 1) to probably not carcinogenic to humans (Group 4). The classification indicates the weight of the evidence as to whether an agent is capable of causing cancer (technically called “hazard”).

1. IARC and processed meat. An international advisory committee that met in 2014 recommended red meat and processed meat as high priorities for evaluation by the IARC Monographs Programme.

This recommendation was based on epidemiological studies suggesting that small increases in the risk of several cancers may be associated with high consumption of red meat or processed meat. Although these risks are small, they could be important for public health because many people worldwide eat meat and meat consumption is increasing in low- and middle-income countries. Although some health agencies already recommend limiting intake of meat, these recommendations are aimed mostly at reducing the risk of other diseases. With this in mind, IARC reviewed authoritative scientific evidence on the cancer risks associated with eating red meat and processed meat.

In 2015, after review of the accumulated scientific literature, a Working Group of 22 experts from 10 countries convened by the IARC Monographs Programme classified the consumption of red meat as probably carcinogenic to humans (Group 2A), based on limited evidence that the consumption of red meat causes cancer in humans and strong mechanistic evidence supporting a carcinogenic effect.

This association was observed mainly for colorectal cancer, but associations were also seen for pancreatic cancer and prostate cancer.

IARC found that processed meat was classified as carcinogenic to humans (Group 1), based on sufficient evidence in humans that the consumption of processed meat causes colorectal cancer.

The consumption of meat varies greatly between countries, from a few percent up to 100% of people eating red meat, depending on the country, and somewhat lower proportions eating processed meat. The experts concluded that each 50 gram portion of processed meat eaten daily increases the risk of colorectal cancer by 18%.

“For an individual, the risk of developing colorectal cancer because of their consumption of processed meat remains small, but this risk increases with the amount of meat consumed,” says Dr Kurt Straif, Head of the IARC Monographs Programme. “In view of the large number of people who consume processed meat, the global impact on cancer incidence is of public health importance.”

The IARC Working Group considered more than 800 studies that investigated associations of more than a dozen types of cancer with the consumption of red meat or processed meat in many countries and populations with diverse diets. The most influential evidence came from large prospective cohort studies conducted over the past 20 years.

1. OEHHA and processed meat. Pursuant to Labor Code Section 6382(b)(1), OEHHA is required to list those substances identified by IARC as causing cancer in humans or laboratory animals.

In order for OEHHA to do so, the office must review the monograph as published by IARC and determine, within the context of Proposition 65, how specifically to list the identified substance consistent with Proposition 65 requirements.

OEHHA has indicated, that the monograph was published in March, 2018 and is currently being reviewed by OEHHA staff.

Comments

Purpose of Bill. According to the author, SCR 100 encourages the addition of “processed meat” to the Proposition 65 list of chemicals known to cause cancer.

The author argues SCR 100 recognizes the importance of healthy eating and making healthier food choices. According to the author, the WHO and IARC announced that regular consumption of processed meat increases the risk of colon cancer. The American Cancer Society urged people to limit their consumption of processed meat to reduce the risk. This resolution urges the Office of Environment Health Hazard Assessment (OEHHA) to add “processed meat” to the Proposition 65 list of chemicals known to cause cancer. It is important to continue the conversation around studies and research that shed light on the link between “processed meat” and cancer. This provides people with the necessary tools to make informed decisions when making diet choices and limiting their consumption of certain food products.

SOURCE:

Physicians Committee for Responsible Medicine

Social Compassion in Legislation

SUPPORT:

None received

OPPOSITION:

California Chamber of Commerce

Agricultural Council of California

Almond Alliance

American Apparel & Footwear Association

American Beverage Association

American Chemistry Council

American Composites Manufacturers Association

American Frozen Foods Institute

Associated Roofing Contractors of the Bay Area Counties, Inc.

Association of California Egg Farmers

Biotechnology Innovation Organization

California Business Properties Association

California Cattlemen’s Association

California Farm Bureau Federation

California Furniture Manufacture Association

California Life Sciences Association

California Grain and Feed Association

California Grocers Association

California Hotel & Lodging Association

California League of Food Producers

California Manufacturers and Technology Association

California Pork Producers Association

California Poultry Federation

California Railroad Industry

California Retailers Association

California Small Business Alliance

California Wool Growers Association

Citizens Against Lawsuit Fraud

Chemical Fabrics and Film Association

Consumer Healthcare Products Association

Flex Membrane International Corporation

Flexible Vinyl Alliance

Frozen Potato Products Institute

Grocery Manufacturers Association

Home Furnishings Association

Household & Commercial Products Association

National Federation of Independent Business

North American Meat Institute

Pacific Egg and Poultry Association

Plastics Industry Association

Power Tool Institute

West Coast Lumber & Building Materials Association

Western Plant Health Association

Western United Dairymen

ARGUMENTS IN SUPPORT:

“Compassion in Legislation is proud to sponsor this piece of legislation because it clearly identifies a substance, processed meat (for consumption), as an item which is a known carcinogen. Experts concluded that each 50 gram portion of processed meat eaten daily increases the risk of colorectal cancer by 18%. We believe, as Dr. Kurt Straif, Head of the IARC Monographs Programme has said, that “in view of the large number of people who consume processed meat, the global impact on cancer incidence is of public health importance.”

ARGUMENTS IN OPPOSITION:

According to the opposition, “while resolutions are often intended to encourage entities to do something they aren’t doing or have refused to do, SCR 100 encourages OEHHA to do something it has already indicated it is in the process of doing; it is there unnecessary.”

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