California Adopts New Proposition 65 Clear and Reasonable Warning Requirements

By October 6, 2016 No Comments



On August 30, 2016, the California Office of Environmental Health Hazard Assessment’s (OEHHA) amendments to Article 6, Clear and Reasonable Warnings under Proposition 65, were approved by the Office of Administrative Law.  The regulation will be operative on August 30, 2018.  In the interim, to allow for a reasonable transition period, businesses may comply with the provisions of the old or new regulation.

The new regulations provide, among other things, methods of transmission and content of warnings deemed to be compliant with the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Prop 65.  Prop 65 warnings inform Californians about their exposures to chemicals that cause cancer, birth defects or other reproductive harm.

The new warnings will require listing at least one Prop 65 chemical by name.  They must also include a yellow triangle and exclamation point pictogram and refer to the new website, which contains information on listed chemicals.

For occupational exposures, a warning to an employee about a Prop 65 listed chemical is sufficient if it complies with the warning, training, and labeling requirements of the Hazard Communication Standard or the Pesticides and Worker Safety requirements.  In other cases, warnings should be provided pursuant to the general provisions for consumer product and environmental warnings.

To view the final regulation, a side by side comparison with the old regulation, and supporting rulemaking documents visit OEHHA’s Clear and Reasonable Warnings Notice of Adoption webpage.  OEHHA has also launched a new Prop 65 warnings website to provide the public with information on chemicals, products and locations often associated with Prop 65 warnings.


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