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USA: California amends Prop 65 new warning regulations

January 2018- Relevant for: Electrical & electronics, Hardlines, Softlines, Toys & children's products

On 6 December 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) published an approval notice1 adopting the proposed amendments2 to Proposition 65 new warning requirements in Title 27, California Code of Regulations, Article 6, Clear and Reasonable Warnings.

The OEHHA did not make any substantial changes on the proposed amendments, but withdrew the proposed modifications to Diesel Engine Exposure Warnings in Sections 25607.14 & 25607.15 and Vehicle Exposure Warnings in Sections 25607.16 & 25607.17, after considering the public comments received. The new warning regulations with final amendments3 will become operative from 30 August 2018. In the interim, businesses may use either the existing warnings or the new ones4.

The amendments include further clarification and corrections to certain sections of Article 6. The OEHHA also believe businesses would benefit from acknowledging the amendments in advance of the operative date of the new warning regulations. Highlights of amendments on consumer products warnings are summarised as follows:

Section no.

Highlights of amendments

Section 25600.1 Definitions

Modified the definitions of “Authorised agent”, “Label”, “Labelling” and “Sign”.

Section 25600.2 Responsibility to Provide Consumer Product Exposure Warnings

  • Indicated the flexibility that the warning can be provided on either the product label or labelling.

  • Specified the first renewal date 2 February 2019 for the written notice to the authorised agent for the retail seller for complying with the warnings requirement. The notice shall be renewed annually thereafter.

Section 25602 & 25603 Consumer Product Exposure Warnings

  • Revised the name “on-product warning” to “short-form warning”, and clarified the short-form warning should be provided on the product label.

  • Removed “shelf tag” and included in “sign” which is used to provide consumer information about a product.

  • Correction for exposures to both listed carcinogens and reproductive toxicants, the words “chemicals including” should be kept.

Section 25607.13 Furniture Product Exposure Warnings - Content

  • The specific warning should be provided on a label which printed on or affixed to a furniture product.

  • The words of the notice are revisedasfollows:
    “Some furniture products can expose you to chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. Please check the product label for warning information.”

[1] Notice of final amendments to Prop 65 new warning requirements
[2] Notice of Proposed Rulemaking USA: California proposed amendments to Prop 65 new warning regulations, August 2017
[3] Final Adopted Regulatory Text
[4] E-ssentials of Proposition 65 new warning requirements, November 2016

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