On July 21, 2017, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) proposed amendments to the regulations implementing Prop 65 – the California law that requires business to provide a “clear and reasonable warning” to consumers on products that contain any chemicals listed by California as causing cancer or reproductive harm. According to OEHHA, these amendments are intended to clarify a previous round of amendments that were finalized in August 2016 that will become effective on August 30, 2018, discussed here .
The proposed changes appear to provide needed clarity to the regulated community on certain issues that have arisen with regard to implementing the revised warning obligations. Among other changes, the proposed amendments would revise certain definitions, including “label” and “labeling,” provide additional specificity regarding required notice deadlines, and clarify the provisions regarding when a “short-form” warning may be used. OEHHA has issued an Initial Statement of Reasons that provides additional information regarding the proposed changes. A copy of the notice and associated documents is available here.
A request for a public hearing is required to be submitted no later than August 23, 2017, and the deadline for public comments is September 7, 2017. For more information regarding the proposed revisions, the revised warning requirements that become effective on August 30, 2018, or Prop 65 compliance more generally, please contact Angela Levin, Karen Lederer, Doug Henderson, or Eric Unis.