OEHHA Releases Formal Rulemaking Draft for Prop 65 Warning Regulations

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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, formaldehyde, hexavalent chromium, lead, mercury, methylene chloride and phthalates. At one point in the development of this proposal, three other chemicals were considered for inclusion, 1,4 dioxane, tobacco smoke and toluene, but they were not included in today’s formal rulemaking draft proposal.

In addition, the 30-page proposal includes new requirements for the content of the Prop 65 warning, including new specific wording requirements and use of a warning pictograph, as well as additional specifications for the methods of transmitting that warning at retail locations, in catalogues or on the Internet. In addition, the proposal contains specific location, font size and content for Prop 65 warnings at numerous types of businesses and products, including dental care, service station, amusement park and parking facilities and raw wood, petroleum products, passenger vehicles, food and beverages.

For additional background on the development of this proposal, see our April 3, 2014, post. If you have questions or require assistance in developing public comments, feel free to contact any attorney in the Alston & Bird LLP Prop 65 practice group.