To: Seafood HACCP Discussion List
Fr: Pamela Tom, Sea Grant Extension Program, University of California
Following two months of testimony, the tuna industry won a court decision
in California regarding mercury-warning labels.
Last year Bill Lockyer, Attorney General of the State of California, filed
a law suit (Case No.: CGC-04-432394) in San Francisco Superior Court
against three major tuna producers (Tri-Union Seafoods, Del Monte and
Bumblebee Seafoods). California has a Safe Drinking Water and Toxic
Enforcement Act of 1986 (Health and Safety Code Section 25249.6) known as
"Proposition 65." Business are required to provide a "clear and
reasonable warning" to consumers that they are being exposed to such
chemicals (including methylmercury which was added to the list on July 1,
1987).
Superior Court Justice Robert Dondero ruled that the tuna canners are
exempt from the warning requirement under Proposition 65 because there is
a naturally occuring exemption under the California Code of Regulations
Title 22 Section 12501(a)(1) which applies to environmental methylmercury.
The Judge Dondero also determined that the proposed Proposition 65 label
warning conflicts with and is preempted by the federal [labeling]
regulations
The lawsuit asked the court to prohibit the companies from selling their
tuna in California without providing a warning as required by Proposition
65. Potential alternatives for adequate warnings include signs posted in
grocery aisles or labels placed on cans. Additionally, the complaint
sought civil penalties for violations of Proposition 65 and the state's
Unfair Competition Law. Under both laws, each defendant was liable for
civil penalties of up to $2,500 per day for each violation. The complaint
covers the defendants' alleged Proposition 65 violations dating back to
2000.
The judge's decision is 118 pages long. It's not easy to access, but
here's how you can view the decision to understand the case and strong
arguments. Go to the Superior Court of San Francisco, County of San
Francisco, Electronic Information Center at http://www.sftc.org/ You'll
need to download the plug-in on that web site in order to be able to view
the documents. Select "case number query." Then enter either 402975 or
432394. (The cases were merged.) The server is slow...so be patient.
Only one page can be viewed at a time.
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