California Proposition 65
November 27, 2023 | Written by GreenSoft Technology, Inc.
Proposal to Change California Proposition 65 Warning Labels Reintroduced
Rulemaking process restarted to evaluate amendments to short-form warning labels under California Proposition 65
On October 27, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced its intention to amend the short-form warning label requirements under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
The proposal intends to make the Proposition 65 short-form warning labels more informative to consumers by requiring identification of a specific chemical exposure for which the warning is being given.
The proposal would also add new sections to the regulation in order 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 regulations would ensure that California consumers buying these parts receive a warning about their exposure and information about reducing the risk of exposure to listed chemicals.
A similar proposal was first proposed by OEHHA in December 2021, but that rulemaking effort lapsed in May 2022 without resulting in an official amendment to the regulation. This latest proposal is a reintroduction of the initial proposal.
What does this mean for product producers?
Because Proposition 65 enforcement legislative actions can result in multimillion-dollar settlements, many companies choose to simply place the short form warning on their products to avoid the risk of any such actions. This short form warning includes a hazard symbol, the word “WARNING,” and a statement as follows: “[type of risk] -- www.P65Warnings.ca.gov.” An obligation to disclose the actual substance at risk of exposure is not included in the current short form warning. This enables companies to avoid liability by applying the warning without performing any due diligence as to the product’s actual risk of exposure.
OEHHA is concerned that this leads to overuse of the warning. As a result, OEHHA seeks to end this practice with this proposed change. Under this proposed amendment, product producers will be required to disclose the specific substances at risk of exposure in the short form warning. This requirement seeks to compel product producers to perform due diligence to determine which hazardous substances are present in their products and which of those substances present a risk of unsafe exposure.
Example of a current short form warning label (without chemical names included):
Example of proposed short form warning (with chemical names included):
Affected companies would have two years from the effective date of the latest proposed amendments to comply with the new short-form warning label requirements. A product manufactured before the two-year deadline can use the current warning regardless of when it is sold to the customer.
OEHHA has scheduled a public hearing regarding the proposal on December 13, 2023 in Sacramento, CA. Interested parties may also submit written comments online through December 20, 2023. Comments may be submitted electronically through the OEHHA website at https://www.oehha.ca.gov/comments.
OEHHA’s announcement of the proposal can be found here. The full regulatory text of the proposal can be found here.
GreenSoft Technology provides help with Proposition 65
GreenSoft Technology will continue to track updates from OEHHA, and will alert our readers via our blog when the new rulemaking proposal is published and when the final decision is made.
GreenSoft Technology provides companies with the substance data needed to comply with California Proposition 65. As part of our California Proposition 65 Data Services, we will collect substance data from your suppliers on your behalf, and check it against the list of chemicals regulated under CA Prop 65.
Contact us to learn more.
