 
 
 
 
 
  
 
 
 CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 25-Z 
that a representative private person or business will in-
cur in reasonable compliance with the proposed action. 
Small Business Determination: DCSS has deter-
mined that this rulemaking will not have any potential cost impact on small businesses as these regulations 
pertain to the enforcement of individual child support orders not small business regulation. 
CONSIDERATION OF ALTERNATIVES 
In accordance with Government Code Section 
11346.5, subdivision (a)(13), DCSS must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of 
DCSS would be more effective in carrying out the pur-
pose for which the action is proposed, would be as ef-fective and less burdensome to affected private persons 
than the proposed action, or would be more cost− 
effective to affected private persons and equally effec-
tive in implementing the statutory policy or other provi-
sion of law. 
RESULTS OF THE ECONOMIC 
IMPACT ASSESSMENT 
DCSS does not anticipate any impacts on 1) the cre-
ation or elimination of jobs within the State; 2) the cre-
ation or elimination of existing businesses in the State; 3)the expansion of businesses in the State. DCSS antic-
ipates benefits to the health and welfare of California residents, specifically to LCSAs by amending regula-tions and adopting new regulations that accurately re-flect current DCSS policy and are in line with state and 
federal authorities. This will result in more standard business practices among counties, less confusion re-garding current child support policies, and better ser-
vice to the public. 
TITLE 27. OFFICE OF 
ENVIRONMENTAL HEALTH 
HAZARD ASSESSMENT 
CHAPTER 3: NATURALLY OCCURRING 
LEAD IN CANDY 
SECTION 28500: NATURALLY OCCURRING 
LEVELS OF LEAD IN CANDY 
NOTICE IS HEREBY GIVEN that the Office of En-
vironmental Health Hazard Assessment (OEHHA) is 
proposing to add a new chapter and section to Title 27 of 
the California Code of Regulations, Chapter 3: Natural-ly Occurring Lead in Candy, section 28500, Naturally Occurring Levels of Lead in Candy.
1 If adopted, this 
proposed regulation would establish the naturally oc-curring level of lead in candies containing chili and/or tamarind as required by Health and Safety Code section 
110552. This is a continuation of the rulemaking process that OEHHA initially began on March 15, 2019. 
PUBLIC PROCEEDINGS 
Written Comment Period 
Any written comments concerning this proposed reg-
ulatory action, regardless of the form or method of transmission, must be received by OEHHA no later than August 18 2020, the designated close of the writ-
ten comment period. Due to the COVID−19 emer gency, 
OEHHA is providing a longer period than required un-
der the Administrative Procedure Act. All written com-ments will be posted on the OEHHA website at the 
close of the public comment period. 
Because of limited in−office staffing during the 
COVID−19 emergency, OEHHA strongly recom-
mends that the public submit written information elec-tronically, rather than in paper form. Comments may be 
submitted electronically through our website at 
https://oehha.ca.gov/comments . Comments submitted 
in paper form can be mailed, faxed, or delivered in per-
son to the address below, but delays may occur if staff 
are unable to timely access them. 
All submissions should be directed to: 
Monet Vela 
Office of Environmental Health Hazard Assessment 
1001 I Street, 23
rd Floor 
P.O. Box 4010 
Sacramento, California 95812−4010 
Telephone: 916−323−2517 Fax: 916−323−2610 
OEHHA is subject to the California Public Records 
Act and other laws that require the release of certain in-formation upon request. If you provide comments, please be aware that your name, address and e−mail may be available to third parties. 
PUBLIC HEARING 
A public hearing on these proposed regulatory 
amendments will only be scheduled upon request. The 
hearing would be web−based due to the COVID−19 emergency
2. To request a hearing, send an e−mail to 
Monet Vela at monet.vela@oehha.ca.gov or to the ad-
1 All further references are to sections of Title 27, Cal. Code of 
Regs., unless indicated otherwise. 
2 Executive Orders N−25−20 and N−29−20 
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 CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 25-Z 
dress listed above by no later than August 3, 2020. If 
such a request is made, OEHHA will mail a notice of the 
hearing to the requester and interested parties, and the 
notice will be posted on OEHHA’s website at least ten 
days before the public hearing date. The notice will pro-
vide the date, time, and location of the hearing. 
CONTACT 
Please direct inquiries concerning the proposed regu-
latory action described in this notice to Monet Vela at 
(916) 323−2517, or by e−mail to monet.vela@oehha. 
ca.gov. Mario Fernandez is a back−up contact person 
for inquiries concerning processing of this action and is 
available at (916) 323−2635 or mario.fernandez@ 
oehha.ca.gov . 
AUTHORITY 
Health and Safety Code section 1 10552(c)(3). 
REFERENCE 
Health and Safety Code sections 110552(b) and 
110552(c)(1). 
INFORMATIVE DIGEST/POLICY STATEMENT 
OVERVIEW 
Health and Safety Code section 110552 requires 
OEHHA, in consultation with the California Depart-ment of Public Health (CDPH) and the Office of the At-
torney General, to determine the “naturally occurring 
level” of lead in candy containing chili and tamarind. 
The proposed regulation establishes this naturally oc-
curring level of 0.02 parts per million (ppm) based on a 
scientific approach summarized in the Initial Statement of Reasons and discussed in detail in the accompanying 
technical document titled Naturally Occurring Lead in 
Certain Candies. Candies Flavored with Chili and/or Tamarind  (OEHHA 2020). 
The purpose of this regulation is to establish a natu-
rally occurring level of lead in candies containing chili and tamarind, as required by section 110552(c)(3). OEHHA initially proposed a naturally occurring level 
of lead in these candies on March 15, 2019 (hereafter, 
“the 2019 proposed rulemaking”), but was unable to complete the proposed rulemaking within the one−year 
statutory timeframe. While the proposed level has not 
changed, OEHHA has incorporated additional infor-
mation received during the comment period for the 2019 proposed rulemaking into this Initial Statement of 
Reasons and the attached technical support document. Anticipated Benefits of the Proposed Regulation 
The proposed regulation will further the goals of the 
authorizing statute by establishing a naturally occurring 
level of lead in candies flavored with chili and/or tamarind. This level will be used by CDPH when testing 
for levels of lead in candy for the purpose of enforcing 
other provisions of the statute. The proposed regulation 
will therefore benefit the health and welfare of Califor-
nia residents by setting a science−based naturally oc-curring level that will be used to ensure that candy sold 
or distributed in California is not adulterated. 
No Inconsistency or Incompatibility with Existing 
Regulations 
OEHHA has determined that no other state regula-
tions establish a naturally occurring level for lead in 
candies containing chili and/or tamarind. The proposed regulatory action is therefore neither inconsistent nor incompatible with any other existing state regulations 
because it sets a naturally occurring regulatory level as 
required by statute and does not address compliance 
with any other law or regulation. 
LOCAL MANDATE/FISCAL IMPACT 
OEHHA has determined that the proposed regulatory 
action would not impose a mandate on local agencies or 
school districts. OEHHA has also determined that the proposed regulation would not impose any costs to any local agency or school district requiring reimbursement under Part 7 (commencing with Section 17500) of Divi-
sion 4 of the Government Code, that no other nondiscre-
tionary costs or savings to local agencies or school dis-
tricts will result from the proposed regulatory action, and that there will be no costs or savings to any state 
agency because of the proposed regulatory action. 
There are also no costs or savings in federal funding to 
the state. 
EFFECT ON HOUSING COSTS 
OEHHA has determined that the proposed regulatory 
action will have no ef fect on housing costs. 
SIGNIFICANT STATEWIDE ADVERSE 
ECONOMIC IMPACT DIRECTLY AFFECTING 
BUSINESS, INCLUDING ABILITY TO COMPETE 
OEHHA has made an initial determination that the 
adoption of this regulation will not have a significant statewide adverse economic impact directly affecting 
businesses, including the ability of California business-
es to compete with businesses in other states. The pro-
posed regulation establishes a naturally occurring level for lead in candies flavored with chili and/or tamarind 
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  CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 25-Z 
and OEHHA has determined this level is achievable by 
following good agricultural, manufacturing, and pro-
curement practices, or by other currently feasible prac-tices, at little to no additional costs to California 
businesses. 
RESULTS OF ECONOMIC IMPACT ANALYSIS 
(Gov. Code section 11346.3(b)) 
Creation or Elimination of Jobs within the State of California 
This regulatory action will not significantly impact 
the creation or elimination of jobs within the State of California because OEHHA has determined this level is 
achievable by following good agricultural, manufactur-
ing, and procurement practices, or by other currently feasible practices, at little to no additional costs to Cali-
fornia businesses. 
Most manufacturers of candies containing chili and/ 
or tamarind are located outside of California, with many 
located in Mexico. OEHHA was able to evaluate the types of candies made by over 100 of the approximately 
200 candy manufacturers based in California, and few-er than ten companies currently produce any candies 
containing chili and/or tamarind. Further, based on the 
evaluation of recent testing data for similar candies, OEHHA has determined that the few California manu-
facturers that produce this type of candy are likely al-
ready in compliance with the proposed level. And for 
any manufacturer that might be impacted, OEHHA has determined that the proposed naturally occurring level is achievable with minimal cost to the manufacturer. 
For example, the lead in chili powder can be significant-
ly reduced by washing the chili peppers before process-ing and employing simple and relatively low−cost dry-
ing procedures or by using higher−grade chili peppers 
at an increased cost ranging from fractions of a cent per candy to no more than three cents per candy. 
Additionally, California retailers and distributors are 
not likely to incur additional costs or face difficulty in obtaining candy products containing chili and/or tamarind that meet the proposed lead level require-ments. OEHHA has reviewed test results for levels of 
lead present in candies containing chili and/or tamarind 
that were produced by multiple manufacturers in Mexi-
co. Data from testing of candies produced by nine dif-
ferent manufacturers between 2012 and 2017 for sale 
into California indicate that fewer than 8% of the tested 
candies would have exceeded the proposed level of 0.02 
ppm, and no candy was reported to contain more than 
0.03 ppm lead. Additional data from testing conducted 
between 2017 and 2018 of candies containing chili and/ 
or tamarind produced by one of the largest candy manu-
facturers in Mexico indicate that fewer than 6% of can-dies would have exceeded the proposed level of 0.02 
ppm, and only four candies were reported to contain 
more than 0.04 ppm lead. Given that the majority of Mexican candies flavored with chili and/or tamarind 
are already in compliance with the proposed level of 
0.02 ppm, and that Mexico is a leading producer of such 
candies, most importers and distributors/retailers of these candies in California are already sourcing compli-
ant candies from Mexican manufacturers. As the major-ity of candies flavored with chili and/or tamarind manu-factured by both California and Mexican manufacturers 
for sale in California are already compliant with the 
proposed regulation, California retailers of these can-
dies are unlikely to be significantly impacted. 
Creation of New Businesses or Elimination of Existing Businesses within the State of California 
For the reasons noted above, this proposed regulatory 
action will not impact the creation of new businesses or 
the elimination of existing businesses within the State 
of California because very few California manufactur-
ers of this type of candy exist and the costs of compli-ance are likely to be minimal. 
The Expansion of Businesses Currently Doing Business within the State 
For the reasons noted above, this proposed regulatory 
action will not impact the expansion of businesses with-
in the State of California because very few California 
manufacturers of this type of candy exist and the costs 
of compliance are likely to be minimal. 
Benefits of the Pr oposed Regulation 
The proposed regulation would establish a naturally 
occurring level of 0.02 ppm lead in candies containing 
chili and/or tamarind for the purpose of enforcing other 
provisions of the law related to the sale or distribution of 
candy within California. The proposed regulation will 
therefore benefit the health and welfare of California 
residents by setting a science−based naturally occurring 
level that will be used to ensure that candy sold or dis-tributed in California is not adulterated. 
COST IMPACTS ON REPRESENTATIVE 
PERSON OR BUSINESS 
Some candy manufacturers — those that produce 
candies containing chili and/or tamarind — may incur costs in order to ensure their product does not exceed 
the proposed naturally occurring level of lead in candy 
flavored with chili and/or tamarind. However, based on 
the evaluation of recent testing data, OEHHA has deter-mined that the few California manufacturers that pro-
duce this type of candy are likely al ready in compliance 
with the proposed level. Furthermore, for any manufac-
turer that might be impacted, OEHHA has determined 
that the proposed naturally occurring level is achievable 
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 CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 25-Z 
with minimal cost to the manufacturer by following 
good agricultural, manufacturing, and procurement 
practices, such as washing the chili peppers before pro-
cessing and employing simple and relatively low−cost 
drying procedures, or using higher−grade chili peppers. 
Therefore, any compliance costs are likely to be minimal. 
EFFECT ON SMALL BUSINESSES 
The proposed regulatory action may adversely im-
pact some small businesses in California. However, for 
the reasons discussed above, any costs are likely to be minimal. 
CONSIDERATION OF ALTERNATIVES 
Pursuant to Government Code section 
11346.5(a)(13), OEHHA must determine that no rea-
sonable alternative considered by OEHHA, or that has 
otherwise been identified and brought to the attention of 
OEHHA, would be more effective in carrying out the purpose for which the action is proposed, would be as 
effective and less burdensome to affected private per-
sons than the proposed action, or would be more cost− effective to affected private persons and equally effec-tive in implementing the statutory policy or other provi-
sion of law. A detailed discussion of alternatives pro-posed during the comment period for the 2019 proposed 
rulemaking c an be found on pages 8 to 10 of the Initial 
Statement of Reasons. 
AVAILABILITY OF STATEMENT OF REASONS 
AND TEXT OF PROPOSED REGULATIONS 
OEHHA has prepared and has available for public re-
view an Initial Statement of Reasons for the proposed regulation, all the information upon which the regula-tion is based, and the text of the proposed regulation. These documents are available on OEHHA’s website at 
www.oehha.ca.gov . 
AVAILABILITY OF CHANGED OR 
MODIFIED TEXT 
The full text of any proposed regulation that is 
changed or modified from the express terms of this pro-
posed action will be made available at least 15 days pri-
or to the date on which OEHHA adopts the resulting regulation. Due to limited in−office staffing during the 
COVID−19 emergency, OEHHA strongly recom-
mends that interested parties access these documents 
via its website at www .oehha.ca.gov. However, a notice of the comment period on the revised proposed regula-
tion and the full text will be provided to individuals 
whose comments were received by OEHHA during the public comment period or who testified or submitted 
written comments at the public hearing, if one is held, 
and anyone who requests notification from OEHHA of the availability of such change. 
AVAILABILITY OF THE FINAL 
STATEMENT OF REASONS 
A copy of the Final Statement of Reasons may be ob -
tained, when it becomes available, from Monet Vela at 
Monet.Vela@oehha.ca.gov  or the telephone number in -
dicated above. The Final Statement of Reasons will also 
be available on OEHHA’s website at www.oehha.ca. 
gov. 
GENERAL PUBLIC INTEREST 
DEPARTMENT OF 
FISH AND WILDLIFE 
FISH AND GAME CODE 
SECTION 1653 CONSISTENCY 
DETERMINATION REQUEST FOR 
Truckee River Fish Habitat Enhancement Project 
(Tracking Number: 1653−2020−054−001−R2) 
Nevada County 
California Department of Fish and W ildlife (CDFW) 
received a Request to Approve on May 18, 2020, that the Trout Unlimited proposes to carry out a habitat 
restoration or enhancement project pursuant to Fish and 
Game Code section 1653. The proposed project in-
volves constructing three boulder cross−vanes that will create riffle and pool complexes, reduce stream temper-
atures, increase dissolved oxygen, and increase salmonid habitat and cover. The proposed project will be carried out on the T ruckee River within the Truckee 
River State Wildlife Area, located off Glenshire Dr., 
three miles east of the Visitor Center on Donner Pass 
Rd., near the township of Truckee, Nevada County, California. 
On January 22, 2020, the Lahontan Regional Water 
Quality Control Board (Regional Water Board) re-ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 
Water Quality Certification Order for Small Habitat 
Restoration Projects (General 401 Order) for the T ruck-
ee River Fish Habitat Enhancement Project. The Re-gional Water Board determined that the Project, as de-
907 