CRN comment--Prop 65--Nutrients concept --Jan 5 2009-FINAL 1-3-2009

January 5, 2009 Fran Kammerer Staff Counsel Office of Environmental Health Hazard Assessment 1001 I Street Sacramento, CA 95812 Filed via e-mail: fkammerer@oehha.ca.gov Re: Comments on: 1. Proposition 65 Regulatory Update Project – Regulatory Concepts for Exposure to Human and Plant Nutrients in a Human Food 2. Draft Initial Statement of Reasons - Title 27, California Code of Regulations: Proposed New Sections 25506 and 25507 Exposures to Human and Plant Nutrients in a Food Dear Ms. Kammerer: These comments are filed on behalf of the Council for Responsible Nutrition (CRN), the leading trade association representing dietary supplement manufacturers and ingredient suppliers. CRN companies produce a large portion of the dietary supplements marketed in the United States and globally. Our member companies manufacture popular national brands as well as the store brands marketed by major supermarkets, drug store and discount chains, as well as through natural food stores and mainstream direct selling companies. We continue to believe, as stated in our previous comment on May 2, 2008, that this project is not needed, as illustrated by the original position that OEHHA took on retinol. Up to now, retinol is the only chemical listed as a DART or carcinogen and that is also a beneficial nutrient. When retinol listed, OEHHA made an appropriate decision through a case-by-case approach, similar to what is being proposed now ...