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USA: California proposes clarifying guidance to Proposition 65 warnings 

November 2018- Relevant for: electrical and electronics, softlines, hardlines, toys and children's products

On 16 November 2018, the California Office of Environmental Health Hazard Assessment (OEHHA) published a notice1 to propose amendments to California Proposition 65 regulations. The proposal2 clarifies responsibility for providing consumer product exposure warnings and revises the definition of “actual knowledge”. Public can submit their comments by 31 December 2018.

The Proposition 65 new warning regulations3 became effective since 30 August 2018. Manufacturer, producer, packager, importer, supplier, or distributor of a product should comply with the Proposition 65 either by providing a warning on the product or a written notice directly to the authorized agent for a retail seller.

To provide guidance on the responsibility of the businesses in the supply chain to pass along consumer product exposure warnings, OEHHA proposes to clarify that the written notice should also be provided to the authorized agent for the business to which they are selling or transferring the product. If there is no authorized agent designated, the businesses should provide the legal agent with the notice about business process service.

The proposal also clarifies the actual knowledge of the consumer product exposure for retail seller must receive from the upstream or a competent person. Such knowledge should be sufficient for the retail seller to easily identify if a product requires a warning.

[1] OEHHA notice for proposed amendments
[2] Proposed regulation text to section 25600.2
[3] TÜV SÜD Proposition 65 Infosheet, Aug 2018 

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