Category Archives: California Prop 65

Prop 65 Warning Regulations Adopted

Written by
Today, September 2, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) published its notice of adoption of amendments to Prop 65 - essentially overhauling Title 27 of the California Code of Regulations, Article 6, which governs the warning requirements of the Safe Drinking Water and Toxic Enforcement Act The new regulations are not effective until August 30, 2018. In the interim, businesses have the option of complying either with the current regulation, or the provisions of the new regulation. OEHHA has published a side-by-side comparison of the newly adopted [...]Read more

California – New Prop 65 Product Label Requirements Likely to be Adopted

Written by
Today, May 17, 2016, OEHHA released a second set of revisions to its proposed regulations to change the warning labeling requirements for Prop 65.  This is the first major change to the words required on product labels and shelf signs and catalogues selling products into California in several decades.  OEHHA has been working on these warning wording and method changes since 2013.  The most recent proposal commenced in November 2015, and has gone through several public comment periods and revisions.  Today’s May 17th revision is probably the last set of revisions before adoption.  Comments [...]Read more

I See a Prop 65 Label On This Product, But What Does It Mean? New California Website to Explain

Written by
At the beginning of 2016, the State of California (OEHHA) adopted a new regulation to give itself authority to create and operate a website to provide information about the Prop 65 labels the public sees on everyday products and in everyday locations such as restaurants, gas stations and airports.  New section 25205 allows OEHHA to post information about pathways of exposure to chemicals in products and strategies to avoid exposure, while also providing a disclaimer that OEHHA cannot assure the accuracy of anything it posts.   It creates a petition process for manufacturers, sellers and the [...]Read more

Short Comment Period for Revised Prop 65 Warning Regulations

Written by and
On Friday, March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) released another set of proposed revisions to the Prop 65 warning label regulations. The comment period is very short – only 15 days.  Members of the public have only until April 11, 2016 at 5:00 p.m. PST to submit comments on the revised regulations.  Requests to extend the comment period are pending, but not guaranteed. OEHAA initiated formal rulemaking for the revisions to Prop 65 warning label regulations in January 2015. That proposal was repealed and replaced with new proposed regulations [...]Read more

California Proposition 65 Regulations Overhaul

Written by
The California Office of Environmental Health Hazard Assessment (OEHHA) proposes to repeal existing regulations and replace them with newer regulations to further the “right-to-know” purpose of the Proposition 65 statute and provide more specific guidance on the content of safe harbor warnings. In addition, the proposed regulations add a specific section addressing the relative responsibilities of providing warnings for businesses in the chain of commerce versus retail sellers of a given product. Originally adopted in 1988, Proposition 65 regulations require California businesses to provide [...]Read more

TSCA Reform Passes Senate Unanimously

Written by and
Historic overhaul of the primary law governing the safety of chemical products in the U.S.—the Toxic Substances Control Act (“TSCA”)—has, after long delay, passed in the Senate. With agreement from all sides that the law is long overdue for modernization and reform, lawmakers have been working for years to update and reform TSCA.  Enacted in 1976, TSCA has never been significantly amended and the current legislation is poised to massively overhaul U.S. EPA’s authority over chemicals in commerce. In June 2015, the House of Representatives passed the bipartisan TSCA Modernization Act [...]Read more

After years of starts and stops, OEHHA commences new rulemaking to change the Prop 65 product label requirements

Written by and
After nearly a year of heavy industry opposition and objections to the proposed draft regulations requiring all manufacturers selling goods in California to change their Prop 65 product label warnings, the California Office of Environmental Health Hazard Assessment (“OEHHA”) has announced that it will not meet its legal obligation to produce a final regulation on product warning requirements by January 19, 2016.   Instead, OEHHA will withdraw its previous proposed rulemaking, issued in January of this year, and open an entirely new rulemaking record separate and apart from that engaged in [...]Read more

OEHHA Releases New Prop 65 Proposals that Will Increase Label Obligations for Businesses Selling Products into California, Particularly for Food Producers and Sellers

Written by and
On Friday, August 28, 2015, the California Office of Environmental Health Hazard Assessment (“OEHHA”) released four pre-regulatory proposals under Prop 65 that, if passed, would likely significantly expand the overall obligations of certain businesses to meet Prop 65 warning label requirements.  Prop 65, known officially as The Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide warnings for an exposure to a listed chemical known by the state to cause cancer or reproductive toxicity. Specifically, the OEHHA pre-regulatory proposals released Friday would [...]Read more

Bipartisan TSCA Reform Bill Sails Through House

Written by and
Last night, the U.S. House of Representatives passed the TSCA Modernization Act of 2015 (H.R. 2576) with a near-unanimous vote of 398-1. The bipartisan bill now heads to the Senate, where a competing bill (S. 697) advanced last month. Lawmakers will have to resolve key differences between the bills before sending to President Obama. H.R. 2576 would update the 40-year old Toxic Substances Control Act for the first time. The bill’s key provisions remove cost as a factor in EPA’s chemical safety assessments, afford EPA more power to order new chemical safety data, and aim to create a more uniform [...]Read more

OEHHA Releases Formal Rulemaking Draft for Prop 65 Warning Regulations

Written by
The California Office of Environmental Health Hazard Assessment (OEHHA) released its formal rulemaking draft of Prop 65 warning regulations today. The public comment period begins Friday, January 16, and closes Wednesday, April 8. Uniquely for this rulemaking, OEHHA intends to post comments as they are received instead of waiting until the comment period closes. One of the key changes is the proposal that 12 chemicals (the so-called “dirty dozen” - see Section 25602) be specifically included in Prop 65 warnings: acrylamide, arsenic, benzene, cadmium, carbon monoxide, chlorinated tris, [...]Read more