1. (a) A person otherwise responsible for an exposure to acrylamide in a food does not “expose” an individual within the meaning of Section 25249.6 of the Act, to the extent the chemical was created by cooking or other heat processing, if the manufacturer of the food has reduced the levels of acrylamide to the lowest level currently feasible by utilizing applicable practices recommended in Codex Alimentarius Code of Practice for the Reduction of Acrylamide in Foods CAC/RCP 67-2009 (2009), hereby incorporated by reference.
2. (b) Nothing in this section shall preclude a person otherwise responsible for an exposure to acrylamide in a food from using evidence, standards, risk assessment methodologies, principles, assumptions, or levels described in Articles 7 and 8 to establish a concentration for acrylamide in a food that is created by cooking or other heat processing that is different from the concentrations provided in subsection (d)(4).
3. (c) Nothing in this section shall apply to parties to a court-ordered settlement or final judgment entered before April 1, 2022 to the extent that such settlement or judgment establishes a concentration of acrylamide in a specific product that is different from the concentrations provided in subsection (d)(4).

4. (d) The concentration levels for acrylamide in foods in this subsection are deemed to comply with subsection (a) if both the average concentration and unit concentration are less than or equal to those listed in subsection (d)(4).

   1. (1) In this subsection, ‘unit concentration’ is the concentration of acrylamide measured in a single food item or individual packaged unit, such as a bag, box, or carton, of the specific food product in the form the product is sold to consumers in California. The unit concentration is based on a representative composite sample taken from the individual packaged unit.

      A ‘representative composite sample’ is made up of portions of the food in the same proportion as in the whole individual packaged unit, e.g., equivalent proportions of crust and crumb (the inner portion) in the sample as in the whole loaf of bread.

   2. (2) In this subsection, ‘average concentration’ refers to the average of unit concentrations measured. The average concentration is determined by adding together the unit concentrations of at least five samples taken over a period of no less than 60 days with no less than 10-day intervals between sampling and then dividing this total by the total number of samples.
   3. (3) The measurement of the concentrations described in subsection (d) must be conducted by a chemical analysis laboratory with International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) standard ISO/IEC 17025 accreditation.

   4. (4) Acrylamide concentrations are given in the table below in parts per billion by weight (ppb).

      Foods/Food groups

      Maximum average concentration (ppb)

      Maximum unit concentration (ppb)

      Almonds, specifically roasted almonds and chocolate-covered roasted almonds

      225

      –––

      Bread, including loaves, rolls, buns, baguettes:

      –––

5. a. non-wheat-based products

   100

6. b. wheat-based products

   50

   Cookies:

7. a. animal and animal crackers (sweet)

   75

   100

8. b. thin and crispy

   281

   300

9. c. sandwich wafers

   115

   –––

   Crackers, specifically savory crackers, including crispbread

   350

   490

   Potato or sweet potato products:

10. a. French fried potatoes

    280

    400

11. b. sliced chips

    281

    350

12. c. all other products, including hash browns and potato puffs

    350

    490

    Waffles

    280

    –––

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Section 25249.6, Health and Safety Code.

History

1. New section filed 12-20-2022; operative 4-1-2023 (Register 2022, No. 51).