On January 8, 2021 OEHHA issued notice of proposed rulemaking to amend sections 25601, 25602, 25603, and 25607 of Article 6 of the Safe Drinking Water and Toxic Enforcement Act of 1986 in the California Health and Safety Code (Proposition 65 Clear and Reasonable Warnings). The proposed rulemaking would limit the use of and modify short-form warnings for Consumer Products and Food Products. OEHHA’s Initial Statement of Reason, Proposed Amendments to Regulatory Text, and Notice of Proposed Rulemaking may be found here.

Overview of the Notice

OEHHA states the proposed rulemaking addresses concerns of:

    • Chemicals not being identified in short-form warnings
    • Short-form warnings being used when the label has space to bear a full warning
    • Listing of short-form warnings when no warning is required

Proposed amendments:

    • Short form warnings only allowed on labels less than or equal to 5 square inches
    • Full warning must be used on website/internet and catalog warnings
    • Require the name of at least one chemical to be included in short-form warning
    • Clarification on short-form warnings for food products

Current vs. proposed short-form warning:

Example of current short-form warnings

WARNING: Cancer Harm – www.P65Warning

 WARNING: Reproductive Harm – www.P65Warnings.ca.gov

 WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov

Examples of proposed short-form warnings:

 WARNING: Cancer Risk From [Name of chemical] Exposure – www.P65Warnings.ca.gov

  WARNING: Risk of Reproductive Harm From [Name of chemical] Exposure – www.P65Warnings.ca.gov

  WARNING: Cancer Risk and Reproductive Risk From [Name of chemical] Exposure – www.P65Warnings.ca.gov

 WARNING: Risk of Cancer From [Name of chemical] and Reproductive Harm From [Name of chemical] Exposure – www.P65Warnings.ca.gov

 

Implementation:

  • A one-year phase in period is proposed for existing products
  • Unlimited sell-through period for products with compliant short-form warning on labels when manufactured

The public comment period is January 8, 2021 – March 8, 2021:

  • OEHHA urges the public to submit written comments electronically through their website at https://oehha.ca.gov/comments
  • Paper comments may be mailed, faxed, or delivered in person
    • Mail:

Monet Vela

Office of Environmental Health Hazard Assessment

1001 I Street, 23rd Floor

P.O. Box 4010

Sacramento, CA 95812-4010

    • Fax:

916-323-2610

 

References:

OEHHA, CalEPA. January 2021. Article 6 Clear and Reasonable Warnings Amendments Related to Short-Form Warnings for Consumer Product Exposures. https://oehha.ca.gov/media/downloads/crnr/p65shortformproposedregtextd2021.pdf

OEHHA, CalEPA. January 2021. Initial Statement of Reasons Title 27, California Code of Regulations Proposed Amendments to Article 6 Clear and Reasonable Warnings: Short-Form Warnings for Consumer Product Exposures. https://oehha.ca.gov/media/downloads/crnr/p65shortformisorf2021.pdf

OEHHA, CalEPA. January 8, 2021. Safe Drinking Water and Toxic Enforcement Act of 1986 Proposition 65 Notice of Proposed Rulemaking Title 27, California Code of Regulations, Proposed Amendments to Article 6 Clear and Reasonable Warnings. https://oehha.ca.gov/media/downloads/crnr/p65noticeshortformoald2021.pdf

OEHHA, CalEPA. 2021. Sample Warnings and Translations for Businesses. https://www.p65warnings.ca.gov/sample-warnings-and-translations-businesses

 

Published January 20, 2021 by:

Jamie Venable

 

 

 

 

Jamie Venable, Senior Consultant