OEHHA Issues Second Notice of Modification of Proposed Amendments to California Proposition 65 Short Form Warning

California’s Office of Environmental Health Hazard Assessment (OEHHA) has, for a second time, modified the proposed amendments to the Proposition 65 short form warning regulations, Title 27, California Code of Regulations, Sections 25601, 25602, 25603, 25607.1 and 25607.2. OEHHA has issued the proposed modified text and a notice, which describes the second modification. The public may submit comments by April 20, 2022.

Background
OEHHA published a Notice of Proposed Rulemaking on January 8, 2021, which proposed changes to the short form warning. After considering public comments, a Notice of Modification of Text was published on December 17, 2021. This initiated another comment period which closed on January 21, 2022. Based on the comments received, on April 5, 2022, OEHHA published Notice Second 15-Day Modification of Text for Proposed Amendment: Clear and Reasonable Warnings - Short Form.

Overview of Second Proposed Modifications
The proposed changes are summarized below, as per OEHHA’s overview included in their announcement. To view the rationale for these proposed changes, please go to: https://oehha.ca.gov/proposition-65/crnr/notice-second-15-day-modification-text-proposed-amendment-clear-and-reasonable
• The limitations in label size and package shape for the use of the short-form warning were removed. Therefore, the short form could be used on product labels of any size, regardless of package size and shape, if the proposed modifications are finalized.
• The requirement that the font type size must be the same as the largest type size of consumer information was removed. Note that the current rule requiring a minimum of 6-point type size for short-form warnings remains unchanged.
• The proposed amendments were modified to clarify the existing requirement “to render the warning likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use”.
• The language “exposes you to” has been changed to “can expose you to”. This wording will now be consistent with the general content language in the general consumer safe harbor warning.
• The date that the regulation would become effective has been extended to two years, instead of one year, as was originally proposed. This will allow additional time for companies to implement the needed changes.
• Some minor revisions were made for consistency throughout the regulation.

Comment Period
OEHHA is requesting comments on the proposed modifications to be submitted by April 20, 2022 via the following link: https://oehha.ca.gov/proposition-65/comments/comment-period-notice-second-15-day-modification-proposed-amendments-title

Additional Information
For full detail and a download of the proposed modified text, please reference the OEHHA website:
• https://oehha.ca.gov/proposition-65/crnr/notice-second-15-day-modification-text-proposed-amendment-clear-and-reasonable
• https://oehha.ca.gov/media/downloads/crnr/proposedregtext2ndmodificationshortform040522.pdf

Recommended Action
No action is needed at this time. Bureau Veritas will issue further updates as needed.

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