Proposition 65 update

By CMTA Staff

Capitol Update, March 22, 2013 Share this on FacebookTweet thisEmail this to a friend

A bill to protect businesses from shake-down lawsuits related to Proposition 65 is awaiting its first hearing in the Assembly Environment, Safety and Toxic Materials Committee. Approved by voters in 1986, Prop 65 requires, among other things, that private businesses post warnings when they knowingly expose workers or the public to listed chemicals. These warnings can take the form of placards or as part of the labeling of a consumer product that contains a listed chemical. There are currently 774 chemicals on the list.

AB 227 (Mike Gatto, D-Silver Lake) would provide a 14-day window to cure alleged missing or inadequate signage required by Prop 65 to avoid a lawsuit. These lawsuits can easily cost several thousand dollars to litigate, causing many businesses to settle out of court whether or not they actually needed to have the signage posted at their business establishments, or if they failed to realize signage was necessary in a  good faith mistake.

In related Prop 65 news, there are three chemicals being considered for listing by the Office of Environmental Health Hazard Assessment (OEHHA) which might affect your operations:  Trichloroethylene (TCE), Methyl Isobutyl Ketone, or emissions from combustion of coal. Written comments are being accepted through May 14th. 

For more information, see:

OEHHA is also revising the Maximum Allowable Dose Level (MADL) for sulfur dioxide proposed for adoption into regulation (Title 27, California Code of Regulations, section 25805).  The MADL was first proposed as 220 micrograms per day on July 6, 2012. The new proposed MADL is 10,000 micrograms per day. Written comments are due by May 6th.

For more information, see:

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