OEHHA Proposes New Amendments to California Proposition 65 Short-Form Warning

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed revisions to the Proposition 65 short-form warning, to make the warning more informative to consumers.

Background
OEHHA specifies safe harbor warnings for products which companies use to warn consumers of exposures to chemicals that are included on the Proposition 65 chemical list. OEHHA specifies a safe harbor consumer product warning and a shorter warning, which is intended to be used on small packages or labels. The current short-form warning does not require a specific chemical exposure to be identified in the warning. OEHHA has observed an over-use of the short-form warning, and the warning does not provide consumers with information regarding the listed chemical(s) in the product.

OEHHA had made proposals to revise the Proposition 65 short-form warning in 2021 and 2022, but those proposals were not instated.

Overview of the Proposed Modifications
The newly proposed changes are summarized as follows:

adding a requirement to identify a specific chemical for which the warning is being given
clarification on existing safe harbor warning requirements for products sold on the internet and in catalogs
clarification that short-form warnings may be used to provide safe harbor warnings for food products and add signal word options for food warnings
provide specific safe harbor warnings for passenger or off-highway motor vehicle parts and recreational marine vessel parts.

Comment Period
OEHHA is requesting comments on the proposed modifications to be submitted by Wednesday, December 20, 2023.

Public Hearing
A public hearing will take place on Wednesday, December 13, 2023.

Additional Information
For additional details regarding the proposed modifications, please reference the OEHHA website:
https://oehha.ca.gov/proposition-65/crnr/notice-proposed-rulemaking-and-announcement-public-hearing-amendments-article-6

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

How Does this Impact You? Contact Us to Discuss
If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com
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