OEHHA Amends California Proposition 65: Short-form Warnings Revised and Additional Warnings Added 

California’s Office of Environmental Health Hazard Assessment (OEHHA) has amended Proposition 65, by revising the wording of the short form warning.  The intent of the revision is to make the warning more informative to consumers.  Also, warnings for food products, passenger and off-highway motor vehicle parts and recreational marine vessel parts have been added.

Background:
OEHHA proposed changes to the short form warning several times over the past three years.  After several comment periods and discussion meetings, the previous proposals were not finalized.  This amendment was finalized on November 26, 2024.

Summary of Changes:

• At least one chemical name must be included.
• Additional warning options to select from have been added for businesses. 
• Businesses that are now using the current short-form warnings will be given three years to transition to the new short-form content.
• A 60-day transition period has been added for retailers to update online short-form warnings after notice from a manufacturer. This transition would take place during the three-year implementation period
• Short-form warnings may be used to provide safe harbor warnings for food products.
• New safe harbor warnings have been added for passenger or off-highway motor vehicle parts and recreational marine vessel parts.

New Short Form Warnings must include:

• A warning symbol (consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. When the label is not printed using the color yellow, the symbol may be printed in black and white. The symbol must be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”).
• The word “WARNING:” or the words “CA WARNING:” or “CALIFORNIA WARNING:” in all capital letters, in bold print; and 
• One of the following:
  • (A) For exposures to listed carcinogens, the words:
    • “Cancer risk from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”; or
    •  “Can expose you to [name of chemical], a carcinogen. See  www.P65Warnings.ca.gov.”
  • (B) For exposures to listed reproductive toxicants, the words:
    • “Risk of reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”; or
    • “Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov.”
  • (C) For exposures to both listed carcinogens and reproductive toxicants, the words:
    • “Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical].
      See www.P65Warnings.ca.gov.”; or 
    • “Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant.
      See  www.P65Warnings.ca.gov.”
  • (D) For exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant, the words:
    • “Risk of cancer and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”; or
    • “Can expose you to [name of chemical], a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov.” 

Please refer to the following link https://oehha.ca.gov/media/downloads/crnr/finalregtext112624approval.pdf for the warnings for the following, as well as additional information: 

• Short-form warnings for food product labels
• Passenger or Off-Highway Motor Vehicle Parts Exposure Warnings – Methods of Transmission
• Passenger or Off-Highway Motor Vehicle Parts Exposure Warnings – Content
• Recreational Marine Vessel Parts Exposure Warnings – Methods of Transmission
• Recreational Marine Vessel Parts Exposure Warnings – Content

Effective date:  January 1, 2025.

Recent CA Prop 65 Regulatory Updates 

• CA Proposition 65 60-Day Notice Summary for Q3 2024  (October 2024)
• CA Proposition 65 Settlements/Judgements Summary for Q3 2024   (October 2024)
• CA Proposition 65 Settlements (October 2024)
• New CA Proposition 65 Safe Harbor Warning Option for Acrylamide in Food Products (October 2024)

How Does this Impact You? Contact Us to Discuss
By monitoring Proposition 65 actions and settlements, Bureau Veritas help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if listed Prop 65 chemicals are present in their products, identifying exposure routes and assessing the risk levels in items. We then help our clients to build in the appropriate requirements into their testing and quality assurance program an ongoing basis.

If you have any questions, please contact your customer service representative or email: info@us.bureauveritas.com.
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