At long last, it’s here—OEHHA’s long-awaited amendments to the Proposition 65 “clear and reasonable warning” regulations become mandatory for products manufactured on and after August 30, 2018.
As we are sure you’ve probably heard ad nauseam by now, the revisions make two key changes to the Proposition 65 regulations: (1) for the first time, they allocate responsibility for warnings among suppliers and retailers; and (2) they make several substantive changes to the content and methods of transmission for “safe harbor” warnings.
While we have posted a detailed summary of the new amendments if you want to get into the weeds, here is a quick refresher. The amendments:
- Place the primary responsibility for warnings on manufacturers, distributors, importers, and private label retailers, while providing an exception to liability for retailers functioning in a pure retail role;
- Require the inclusion of a warning symbol, specific warning language, and identification of at least one chemical in the warning; and
- Prescribe specific warning language and methods for certain product categories, including furniture, raw wood, food, and alcoholic beverages.
Proposition 65 Survival Guide
Based on the questions we’ve heard over the past year, the changes have created significant confusion and challenges for suppliers and retailers. In light of this, we thought it would be helpful to provide a “survival guide” of guidance and reference materials for businesses:
- OEHHA’s Prop. 65 Warnings Website–a new website with links to the regulations, fact sheets, and frequently asked questions for businesses.
- The Proposition 65 List–a complete chemical list and effective dates.
- The Amended Regulations–the full text of the new regulations, mandatory as of today.
- OEHHA’s Initial and Final Statement of Reasons for the Amended Regulations–provides links to OEHHA’s reasoning for the amendments and responses to public comments received during the rulemaking period.
- Frequently Asked Questions for Businesses–OEHHA’s response basic questions for business, including exemptions and basic requirements.
- Sample Warnings and Translations–provides sample warning language for a variety of products and locations, including consumer products, foods, and places. Also provides translations for places or products that may require warnings in a language other than English.
- Warning Symbol Graphic Repository–links to download warning size images as required for Prop. 65 warning language.
- Fact Sheets for Chemicals, Products and Locations–more detailed information for products and places that may require warnings. For example, a detailed fact sheet is available for warnings at service stations, while a separate fact sheet addresses furniture products.