There has been yet another update in the series of the latest Proposition 65 proposed rulemaking regarding short-form warnings. On January 8, 2021, the California Office of Environmental Health Hazard Assessment’s (OEHHA) announced that it would amend the regulation relating to short-form Proposition 65 warning. After two sets of revisions to the proposed regulation, OEHHA has run out of time. OEHHA announced that it has been unable to complete the rulemaking within the allotted one-year time frame and must start the process over.
What does this mean? At least for now, the proposed rulemaking to change the short-form warnings is dead. However, OEHHA does intend to restart the rulemaking process on the short-form with a new regulatory proposal “in the next several weeks.” This time though, the proposed rulemaking will likely go much smoother and without all the bumps, twist, and turns that we’ve been so accustomed to seeing.