Mike Rogge

Prop. 65 draft development period extended

By Mike Rogge

Capitol Update, Dec. 11, 2015 Share this on FacebookTweet thisEmail this to a friend

On November 27th, California Office of Environmental Health Hazard Assessment (OEHHA) announced that it was withdrawing its January rulemaking to amend Proposition 65 warning rules and was issuing a new proposal. Under state administrative procedure rules, rulemaking had to be completed within 12 months and it became evident that they were not going to be in a position to complete the task by January 2016. The release of a new draft gives OEHHA another 12 months to complete their work.

OEHHA stated that the draft rules aim to improve the right-to-know provisions of Prop. 65 by providing more specific guidance on the content of warnings for various exposure situations and methods for providing those warnings. Documents are available here

A public hearing has been scheduled for January 13th to solicit public input on the latest proposal and a January 22nd deadline was established for written comments.

Prop. 65 was a California voter approved 1986 ballot initiative that requires manufacturers to post a notice on their product if it contains a chemical known to the State of California to cause cancer or reproductive harm.

OEHHA dropped its previous proposal requiring the identification of 12 specific chemicals in the warning. Under the new draft plan companies would have to specify only one Prop. 65 listed chemical of their choosing. The latest proposal also appears to allow all products manufactured prior to the effective date of the new warning requirement to be sold with warning labels that met previous rules. OEHHA’s new plan still excludes a number of industry recommendations such as allowing notification in manuals and foreign language warning requirements.

Industry needs to thoroughly study the new language. The new draft raises some new questions concerning implementation. For example, if the company does not intentionally add to their product any of the close to 1,000 chemicals listed under Prop. 65, would they have to test for all of these to assure that they are in compliance?

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