New Guidance for California Prop 65

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California Office of Environmental Health Hazard Assessment (OEHHA) has posted new guidance for Proposition 65 Clear and Reasonable Warning regulations.

 

OEHHA announced on September 2, 2016, their final rule concerning California Proposition 65 “clear and reasonable warnings” the would be effective August 30, 2018. 

 

Here’s just a few of the Q&A. But we recommend the Q&A fully at Link for OEHHA’s PDF.

Can a business replace the September 2008 warnings and provide the new warnings immediately? Yes, during the two-year phase-in period from August 30, 2016 to August 30, 2018, a business can follow the safe harbor methods and content from either the September 2008 regulations or the new regulations (Section 25600(b)).

 

Who should provide a warning? Consistent with the Act, OEHHA’s new regulations place primary responsibility for providing warnings on

  • product manufacturers
  • producers
  • packagers
  • importers
  • suppliers
  • distributors.

…businesses…must either provide a warning on the product, or provide notice and warning materials to “the authorized agent” for a retail seller and receive an acknowledgment that the notice and materials were received. The retail seller is responsible for placement and maintenance of the warning materials he/she receives from the product manufacturer, producer, packager, importer, supplier or distributor. Businesses should carefully review the new requirements (Section 25600.2).

 

Can a business provide a general Proposition 65 warning at each public entrance to a store instead of providing warnings for specific consumer products? No. A standalone warning at public entrances purporting to cover all possible consumer product exposures would not meet the requirements for safe harbor warnings under the new regulations

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