Tech Watch: OEHHA Proposes Amendment to Proposition 65 Short-form Warning Requirements

California’s Proposition 65 (Prop 65) requires businesses to provide “clear and reasonable” warnings to Californians about significant exposures to chemicals known to the state to cause cancer, birth defects or other reproductive harm.

In 2018, the California Office of Environmental Health Hazard Assessment’s (OEHHA) most recent Prop 65 amendments went into effect, which included short-form safe harbour warnings as an alternative to the standard safe harbour warnings. The short-form warnings do not require identification of a specific chemical exposure for which a warning is being given. In light of this, the OEHHA has determined that additional amendments are necessary to further the purposes of Prop 65.

On 27 October 2023, the OEHHA issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings. The NPR includes the following notable changes:

• Require identification of a specific chemical for which the short-form warning is being given
• Clarify that short-form warnings may be used to provide safe harbour warnings for food products
• Clarify existing safe harbour warning requirements for products sold on the internet and in catalogues
• Add signal word options for food warnings
• Add new sections 25607.50, 25607.51, 25607.52, and 25607.53 to create tailored warning methods and content for
• exposures to listed chemicals from passenger or off-highway vehicle parts and recreational marine vessel parts

The following table provides a comparison between the current and proposed short-form warning requirements:

The OEHHA has suggested that the proposed revised warnings will be required for products manufactured two years after the effective date of the amendments.

The deadline for public comments is 20 December 2023.

Sources:

Notice of Proposed Rulemaking Clear and Reasonable Warnings: Short-form Warnings

Regulatory text – Notice of Proposed Rulemaking Clear and Reasonable Warnings: Short-form Warnings

Enquiry:

For questions and additional information, please contact Dr Pratik Ichhaporia (pratikichhaporia@eurofinsus.com,+1-669-837-2257) or David Hong (David.Hong@cpt.eurofinscn.com).