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USA: California Proposition 65 short-form warning label changes to undergo new proposal

JUNE 2022 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 20 May 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) announced1 that it has allowed the rulemaking process for proposed modifications to the Proposition 65 short-form warnings to lapse but plans to re-issue the new rulemaking for public input in the next several weeks.

The proposed rulemaking to amend the regulation related to short-form Proposition 65 warnings was initially due to be completed in January 2022. The one-year timeframe was extended by an extra 120 days2 due to the COVID-19 pandemic. Despite having additional time, OEHHA was unable to complete the regulatory process in the allotted time under California law, and rulemaking has therefore lapsed.

OEHHA has stated that it intends to restart the rulemaking process on the short-form amendments with a new regulatory proposal. The agency noted that the new proposal is likely to incorporate some recommendations received from stakeholders about the previous proposal.

[1]  OEHHA rulemaking status update, 20 May 2022 

[2]  USA: California proposes second amendment to proposition 65 short-form warning regulations, April 2022

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