Brewers association

California BPA Update – Brewers Association

If you currently sell or plan to sell beer in California, it is strongly recommended that you register your beer on the California Office of Environmental Health Hazard Assessment (OEHHA) website by December 30, 2017. On that date, the OEHHA will cease to maintain this site, the Beer Institute, whose work in this area is led by Mary Jane Saunders, will mirror the uploaded brand information so that beer drinkers have a “clear and responsible” warning that bisphenol -A (BPA) can be present in cans (bodies or lids) or bottle crowns.

Again this recommendation: upload your brand information here!

To avoid signage or brand listing requirements for beer sold in California, all beer packaging on the market must be BPA-free (BPANI). Other alternatives are to label each package with BPA liners with the California warning label or provide labels for each storage unit. The registry seems to be the best option. The Brewers Association, Grocery Manufacturers Association and others will continue the signage program for retailers.

If you haven’t contacted your packaging suppliers for BPANI options, now might be the time to start that search. I hear that ‘Generation 2′ substitutes have met certain brewers’ flavor and aroma standards, and ‘Generation 3’ substitutes are in the works and may hit the market soon, if not already .

California Craft Brewers Association (CCBA) Executive Director Tom McCormick posted a list of common questions and answers in his recent state association membership update. If you brew in California, please join the CCBA. Tom and his staff are crucial watchdogs on Proposition 65 issues and his commitment has spared member companies significant exposure to costly Proposition 65 lawsuits. Tom is a champion brewer and has been awarded the FX Matt Defense of the Industry Award several years ago.

BPA Frequently Asked Questions

  • How do I know if my beer contains BPA?
    • BPA is not a chemical in liquid beer, but a chemical used in the production of rubber and plastics. BPA is found in the liner of cans and can lids. Some growler bottle crowns and lids also have material that includes BPA. You should check with your supplier if any of your packaging contains BPA. The industry is moving towards a new material called BPANI. The industry goal is to have all beer containers in BPANI packaging by the end of 2018.
  • What is a BPANI container?
    • BPA Unintentional (BPANI) is a new material developed by the can manufacturing industry to replace BPA which was recently listed by the State of California as a Proposition 65 contaminant. BPANI material is BPA free. in the production of the material. The industry is moving towards BPANI in all cans, can lids, crown seals and screw cap growlers. Some suppliers have already switched to BPANI packaging. Since packages with BPANI are Prop 65 compliant, no warnings are required. Check with your suppliers if and when they will switch to BPANI Packaging.
  • Do I have to comply with this regulation if I only sell bottled beer on the market?
    • This ONLY applies to products containing BPA, which is found in some bottle caps. Contact your supplier for clarity on your packaging and request written documentation that growler bottle crowns and lids are BPA or BPANI free.
  • What if I only sell growlers outside of my tasting room?
    • BPA is found in some growler lids. Contact your supplier to clarify and request written documentation.
  • Once all my products are in the BPANI containers, can I stop listing products in the database?
    • As long as a product containing BPA is still on the market, you will need to have that product listed in the database. If you are launching a new product in a BPANI container and it has never been sold in a BPA container, you do not need to register that product. Only products containing BPA that may still be on the market should be listed
  • Do part-time staff count toward the “9 employees or less” that would make our brewery exempt from these requirements?
    • The OEHHA applies a liberal definition of “employee” which includes anyone on your brewery’s payroll, regardless of hours worked. Part-time staff should be included in the “9 or less” count.
  • Do I need to have a point-of-sale sign for direct-to-consumer online shopping?
    • The BPA warning must be present at each point of sale. Therefore, if you sell beer through your website, you must include the BPA disclaimer somewhere in the e-commerce transaction.
  • Why should I care about being compliant by 2018?
    • Because penalties of up to $2,500/day per violation could apply if your business is found to be in non-compliance.
  • Who applies Proposition 65?
    • The California Attorney General’s office enforces Proposition 65. Any district attorney or city attorney (for cities with a population greater than 750,000) can also enforce Proposition 65. In addition, anyone acting in the public interest can enforce Proposition 65 by taking legal action against a company. accused of violating this law. Lawsuits have been filed by the attorney general’s office, district attorneys, consumer groups, individuals and law firms. Penalties for violating Proposition 65 by failing to provide notices can be as high as $2,500 per violation per day.
  • Why can’t I put the warning directly on my packaging?
    • It’s up to you, but the TTB may not approve of a state-specific warning on beer labels. Other states may not approve a California warning for their state. Finally, putting a warning on your label will not cover any of your products that may still be on the market that do not contain a warning on the label.