California modifies proposed amendment to Prop 65 warning methods

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile Products, Cosmetics and HygieneJune 25, 2024

SG 97/24

The OEHHA has modified its proposed amendment to the Prop 65 warning methods in response to received comments. Comments on the new proposal will be accepted until June 28, 2024.

On October 27, 2023, California’s Office of Environmental Health Hazard Assessment (OEHHA) reintroduced a proposal to modify the safe harbor warning methods required under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or Prop 65). The main objective of the proposal is to limit the usage of the short-form Prop 65 warnings by requiring the inclusion of at least one chemical triggering the warning. Apart from that the proposal also included provisions for online or catalog purchase warning labels amongst other intended amendments (SG 149/23).

On June 13, 2024, the OEHHA introduced certain modifications to the proposal in response to comments received on the original proposal. Highlights of the currently proposed modifications include:

Proposed Modification	Requirement per modified proposal (Introduced June 13, 2024)	Requirement per original proposal (Introduced October 27, 2023)
1)	Three years transition period to comply with new short-form warning label requirements after the proposal’s enactment	Two years transition period to comply with new short-form warning label requirements after the proposal’s enactment
2)	Reverts back to the original regulatory text, where for online and catalog purchases warning at the point of purchase is sufficient	Requires for online or catalog purchases warning labels to be included on or with the product in addition to displaying the warning at the point of purchase
3)	Provides internet retailers a 60-day grace period, from when they receive a warning or written notice changing to the new warning content, to update their online short-form warnings during the three-year implementation period	No related provision

Comments on the modified proposal are accepted until June 28, 2024.

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