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Changes | Content & Methods of Providing Proposition 65 Warnings

Posted on Mon, Feb 02, 2015 @ 12:16 PM

by David J. Schmitt

David J. Schmitt

Any companies manufacturing or distributing products in California should be aware that changes to the content and methods of providing the required Prop 65 warnings are on the way. 

In January, California’s Office of Environmental Health Hazard Assessment (OEHHA) published two notices of proposed rulemaking regarding the State’s Proposition 65 warning regulations.

OEHHA proposes to repeal sections 25601 through 25605.2 of the California Code of Regulations (C.C.R.), title 27, and replace them with new regulations which govern the content of “safe harbor clear and reasonable” warnings, as well as the responsibility for and methods of providing such warnings, under Proposition 65. Among the changes proposed, the new regulations would require certain chemicals to be specifically identified in the text of a warning. The proposed regulations also include warning requirements specific to certain categories of products or facilities, such as prescription drugs, furniture, and enclosed parking facilities, among others.

OEHHA also proposes to adopt a new regulation authorizing the agency to establish a website “to collect and provide information to the public concerning exposures to listed chemicals for which warnin

gs are being provided.” If finalized as currently written, the new website regulation would require a product manufacturer, producer, distributor, or importer, or a particular business subject to Proposition 65 warning requirements, to provide to OEHHA, upon request, specific information regarding any product, listed chemical, potential exposure, and “any other related information that the lead agency deems necessary” for which a warning is provided. In a silver lining however, OEHHA expressly states that the proposed website regulation “is not enforceable by private plaintiffs,” in contrast to the warning regulations currently in effect and those being proposed.

OEHHA will conduct public hearings on both the proposed website and warning regulations on March 25, 2015, and will accept written comments until April 8, 2015.

OEHHA’s notices, statements of reasons, and proposed regulatory text are available here and here

Cors & Bassett will continue to monitor this rulemaking and will provide updates on the status of OEHHA’s proposed regulatory action. If you have any questions, please contact David Schmitt at 513-852-2587 or by email at djs@corsbassett.com.