Tag Archives: California

Prop 65 Warning Regulations Adopted

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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

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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

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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

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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

County-Level Pharmaceutical Take-Back Programs May Be Spreading in California and Illinois

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Los Angeles County, the nation’s largest County, has proposed a pharmaceutical take-back ordinance that would require businesses to finance a local government program for disposal of unwanted medications and potentially hazardous medical products like needles and syringes. Under the draft ordinance, termed the “Los Angeles County Pharmaceuticals and Sharps Collection and Disposal Stewardship Ordinance,” certain manufacturers, producers, or distributors of covered medications and supplies would be responsible for designing, implementing and financing the collection program. At its March 22, [...]Read more

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

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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

California Releases its First Draft of its Alternatives Analysis Guide (AA Guide)

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All manufacturers and sellers of consumer products into California should take note.    California has just released its first draft of stage one of its Alternatives Analysis Guide (AA Guide).  You can read all 103 pages here. If your product is selected as a “priority product” under the California Safer Consumer Product Regulations, then your company will be required to prepare and submit for public review an alternatives analysis (AA).  Learn more here, here or here. An AA is a brand new paperwork beast.  It is in parts a large CEQA/NEPA-type document, in parts a hazard assessment, [...]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

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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

New Proposals from California Governor: Will CEQA Be Fixed? Or Will it Get More Complex and Unwieldy?

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The California Governor’s Office is seeking input on their proposals to update the CEQA Guidelines by October 12, 2015.   They have released a discussion draft – which is a pre-regulatory process to get input on some of the proposals before actually proposing them in a formal rulemaking.   A copy of the preliminary discussion draft, along with other background information, is available here: http://opr.ca.gov/s_ceqaguidelines.php. The CEQA Guidelines provide the regulatory rules for the preparation of environmental review documents for all public and private development proposals (e.g., [...]Read more

California Expands Oil Spill Prevention Regulation Inland: Releases Emergency Regs for OSRO Ratings

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On Friday, July 10, the California Department of Fish and Wildlife’s Office of Spill Prevention and Response (OSPR) released updated emergency Oil Spill Response Organization (ORSO) Rating regulations as part of OSPR’s expanded authority under SB 861. SB 861, passed through the California legislature in June of last year, extends oil spill protections previously available only to California’s coastal and marine waters to all inland waters of the state.  The bill was passed in direct response to rising shipments of crude oil and petroleum products across state lands.  Among other changes, [...]Read more