USA: Updates to California Prop 65 labelling requirements

 

California is proposing a Modification to Proposed Amendments to Regulations Clear and Reasonable Warnings, Safe Harbor Methods and Content, which are known as Proposition 65.

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed to modify previous amendments (annoucned a couple of months ago) to:

• increase the time for implementation of revised short-form warning content from two years to three years,
• revert to the original regulation text for most of the internet and catalog warning content, and
• include a new provision which would provide internet retailers a 60-day grace period, from when they receive a warning or written notice changing to the new warning content, to update their online short-form warnings during the three-year implementation period.

The modifications were made in response to the public comments and to improve clarity.

In general, Proposition 65 mandates that businesses provide warnings to Californians about significant exposures to chemicals known to cause cancer, birth defects, or other reproductive harm. These chemicals may be present in products Californians buy, in their homes or workplaces, or released into the environment. By requiring these warnings, Proposition 65 empowers Californians to make informed decisions about their chemical exposures.

Additionally, Proposition 65 prohibits California businesses from knowingly discharging significant amounts of listed chemicals into drinking water sources.

Proposition 65 also requires California to publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm. This list, updated at least once a year, has grown to include approximately 900 chemicals since its initial publication in 1987.

Proposition 65 became law in November 1986, when California voters approved it by a 63-37 percent margin. The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986.

In accordance with the Proposition 65, businesses must provide a “clear and reasonable” warning before knowingly and intentionally exposing individuals to a listed chemical unless they can demonstrate that the expected exposure level does not pose a significant cancer risk or is well below levels known to cause birth defects or other reproductive harm.

This warning can be delivered through various methods, such as labeling consumer products, posting signs at workplaces, distributing notices at rental housing complexes, or publishing notices in newspapers. The requirement to provide these warnings comes into effect one year after a chemical is added to the list.

To find out more about chemical compliance, material compliance and Proposition 65 labelling requirements, please contact the Product Compliance Institute directly.