Chains Settle State's Lawsuit, Agree to Post Fish Warnings in California

More than a dozen chain operators, including the biggest brands in the casual-dining sector, settled litigation against them by California's attorney general this month by agreeing to post conspicuous signs warning customers about possible exposure to mercury in fish and shellfish. California, by way of Attorney General Bill Lockyer's lawsuit over alleged noncompliance with the state's Proposition 65 cancer warning statute, is believed to be the first state to force restaurants to post signs describing health risks from mercury-tainted seafood. The warning signs required by the settlement must be in place by March at the several hundred California restaurants operated by the defendants. They will advise pregnant and nursing women, women trying to conceive and young children not to eat swordfish, shark, king mackerel and tilefish and to limit their consumption of tuna. Those larger and longer-living species have been found to contain relatively high traces of mercury, methyl mercury and related compounds covered by the Proposition 65 law. The 19-year-old statute requires businesses with 10 or more employees to warn workers and customers in writing before exposing them to any substances on a lengthy list of carcinogens and substances known to cause birth defects or other reproductive-system harm. More generic signage used by some California restaurants to comply with Proposition 65 posting requirements state simply that unspecified foods or beverages served on their premises are known to the state to cause cancer, birth defects or reproductive system harm. The attorney general's office will work with foodservice trade groups and other liaison organizations to make small chains and independents understand their responsibilities under Proposition 65. According to the settlement, the new warnings must be posted at eye level and sufficiently lit near the front door or the hostess desk or reception or waiting area. Source: http://www.nrn.com/newsletter- By Alan J. Liddle