CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: California updates warning responsibility under Proposition 65

JANUARY 2020 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 31 December 2019, the California Office of Environmental Health Hazard Assessment (OEHHA) approved the amendments¹ on the responsibility to provide consumer product exposure warnings under section 25600.2 of Title 27 of the California Code of Regulations, with more specific guidance for businesses in the chain of commerce on how to meet their responsibilities to provide Proposition 65 warnings.

The regulation will become operative starting 1 April 2020.

If a product can expose Californian to one or more chemicals that listed under Proposition 65, the manufacturer, producer, packager, importer, supplier, or distributor of the product should comply with the Proposition 65 either by providing a warning² on the product or a written notice directly to the authorised agent for a retail seller or other intermediate business entities. If there is no authorized agent designated, the businesses may serve the notice on the legal agent for business process service.

The consultation³ with the proposed amendments launched in November 2018. Following careful consideration of the relevant comments received during the initial comment period, OEHHA modified the text in October 2019, and now finally adopted into the regulation.

[1] OEHHA Notice for Amendments to Title 27 of the California Code of Regulations

[2] Official website of warning samples

[3] California proposes clarifying guidance to Proposition 65 warnings, November 2018