by Alexis Sumner
On January 8, 2021, the California Office of Environmental Health Hazard Assessment (CaOEHHA) published a proposed update for the use and verbiage of its short-form warning. In accordance with Title 27, Article 6 of the California Code of Regulations, product manufacturers must provide a “clear and reasonable” warning to any individual prior to exposure to a Proposition 65 listed substance. CaOEHHA has specified Safe Harbor methods of transmission and language that are considered to provide that “clear and reasonable” warning. In August 2018, extensive updates went into effect for Article 6 warnings. These updates included the addition of a short-form warning, where disclosure of the listed substance was not required. At the time, CaOEHHA did not provide clarification as to when and where the short-form warning would be appropriate.
The proposed amendment addresses CaOEHHA’s concerns around the use of the short-form warning. Since guidance on its use was not initially stated, CaOEHHA found that the use of the short-form warning was used in applications that were outside of CaOEHHA’s original intent, including on large industrial containers where there was sufficient space to provide the full warning statement. The proposed amendment would limit the short-form warning based on product label and container size. Additionally, the short-form warning would now require the disclosure of the listed substance(s) that trigger the warning requirement. Rules for listing substance(s) in the short-form warning would align with the current requirements for the full warning statement.
Additional amendments are listed for exposure to listed substances within food products. The public comment period is now open and runs until March 8, 2021.
Review use of any short-form warnings in light of current proposal.
For any food products, review the proposed amendments for Section 25607.2.
Provide comments to CaOEHHA if desired.
Notice of Proposed Rulemaking: Notice of Proposed Rulemaking: Amendments to Article 6, Clear and Reasonable Warnings Short-form Warnings | OEHHA (ca.gov)
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