California strikes ahead with revisions to Prop 65 short-form warning regulation

Eleven months after issuing its unique proposal to considerably limit the usage of so-called “short-form” Prop 65 secure harbor warnings, the California Workplace of Environmental Well being Hazard Evaluation (OEHHA) printed a revised proposed regulation on December 13, 2021.

The unique proposal, which we summarized right here, would have required companies to make vital revisions to their warnings, together with requiring the warnings to determine chemical substances, and would have restricted the usage of the short-form warnings to few merchandise with small labels. The brand new proposal makes the next modifications, a number of of which had been in direct response to feedback submitted by business:

  • The utmost dimension of a label eligible for a short-form warning will increase to 12 sq. inches, from 5 sq. inches, though the regulation prohibits the short-form if the label is ready to accommodate the full-length secure harbor warning.
  • Recognizing the opportunity of differing warnings for a similar product, and the elevated burden on retailers, the revised proposal eliminates the unique proposal that will have prohibited the short-form warning on web sites and in catalogs for merchandise which might be labeled with the short-form warning.
  • Added the power to make use of the sign phrases “CA WARNING” or CALIFORNIA WARNING.”
  • In response to issues in regards to the language of the proposed warning stating “Most cancers threat from [name of chemical]”, OEHHA supplied different warning language: “Exposes you to [name of chemical] . . . .”

Regardless of business feedback searching for further sell-through, OEHHA didn’t change the grace interval for merchandise manufactured as much as one 12 months after the efficient date.

OEHHA is taking feedback on the proposed revisions by means of January 21, 2022. We count on the regulation to finalized shortly thereafter, and submitted to the Workplace of Administrative Legislation for approval.

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