California’s Proposition 65 Reform Finalized

By: Laurie Holmes
Date: September 13, 2016

California’s Office of Environmental Health Hazard Assessment (OEHHA) released its final amendments to Article 6, Clear and Reasonable Warnings, of the California Code of Regulations – the Proposition 65 warnings regulation – following a multiple-year long regulatory reform process. The Proposition 65 reform regulation will be effective on August 30, 2018.

The new Proposition 65 regulation provides methods of transmission and content warnings deemed to be compliant. The new regulation retains the “safe harbor” concept by providing businesses the opportunity to use warning language that OEHHA has approved. OEHHA provides new safe harbor warnings for general consumer products and passenger vehicles. One major change in the Proposition 65 warning requirements is that businesses must now provide the name of at least one of the chemicals for which they are providing the warning. 

Under Proposition 65, companies that do business in California are “required to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical.” Businesses that do not provide the requisite warning may be subject to lawsuits and face stiff penalties.

For more information, please contact Laurie Holmes

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