Proposed Prop 65 changes imminent

By CMTA Staff

Capitol Update, Jan. 16, 2014 Share this on FacebookTweet thisEmail this to a friend

Last year in May, Governor Brown announced that he favored Proposition 65 regulatory reform and was going to back changes to reduce frivolous lawsuits. However, as his plan unfolded, there was something in it for all stakeholders (environmentalists, trial lawyers and business) to dislike and because a two thirds majority was needed to pass legislation, the legislative reform measure died.

While studying the issue closer, CalEPA’s Office of Environmental Health Hazard Assessment (OEHHA) became convinced that they could at least make changes to the information required on warnings unilaterally without additional legislation. OEHHA is expected to release an initial draft plan later this month that incorporates the launch of a new website for posting warnings. Governor Brown has stated that he wants to see better information for the public about what the dangers are and how to avoid them.  Manufacturers are concerned however. They don’t want to open themselves up to additional litigation when a high majority of products in the marketplace have already been litigated or settled.

OEHHA has stressed that the plan is very preliminary and is only to stimulate discussion among stakeholders. There are indications that the draft plan will consider several chemical exposure scenarios that would trigger Prop. 65 warnings, spell out the minimum content for the warning and explain how businesses can provide warnings to the public. 

On January 9th, Governor Brown released his proposed budget. In it he recommends $785,000 and four positions for OEHHA “to revise Prop. 65 regulations and develop a website that provides information to the public on exposure to listed chemicals.”

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