Tech Watch: California OEHHA Modifies Proposed Amendments to Prop 65
On 27 October 2023, California’s Office of Environmental Health Hazard Assessment issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings. The NPR included the following notable changes:
- Require identification of a specific chemical for which the short-form warning is being given
- Clarify that short-form warnings may be used to provide safe harbour warnings for food products
- Clarify existing safe harbour warning requirements for products sold on the internet and in catalogues
- Add signal word options for food warnings
- Add new sections 25607.50, 25607.51, 25607.52, and 25607.53 to create tailored warning methods and content for exposures to listed chemicals from passenger or off-highway vehicle parts and recreational marine vessel parts
On 13 June 2024, in response to the public comments and to improve clarity, OEHHA issued a 15-Day Notice of Modification to Proposed Amendments with the following changes:
- Increase the time for implementation of revised short-form warning content from 2 years to 3 years;
- Revert to the original regulation text for most of the internet and catalog warning content; and
- Include a new provision to provide internet retailers a 60-day grace period, from when they receive a warning or written notice changing to the new warning content to update their online short-form warnings during the 3 year implementation period
OEHHA is requesting comments only on the modifications to the proposed amendments until 28 June 2024.
Source:
15-Day Notice of Modification to Proposed Amendments: Modification to Proposed Amendments to Regulations Clear and Reasonable Warnings, Safe Harbour Methods and Content - OEHHA
Enquiry:
For questions and additional information, please contact Dr. Pratik Ichhaporia (pratik.ichhaporia@cpt.eurofinsus.com,+1-669-837-2257) or David Hong (David.Hong@cpt.eurofinscn.com).
