Compliance Date for California Prop 65 “Clear and Reasonable Warnings” is Coming Soon – Are you ready?
By: Kirsten Alcock, Manager of Product Safety, email
On Aug. 29, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) issued final amendments to the Clear and Reasonable Warnings regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986. This is commonly referred to as Prop 65. Compliance with those regulatory changes is effective August 29, 2018.
Under California Proposition 65, companies must provide explicit warnings prior to exposure if a chemical has been identified by the State of California to cause cancer and/or reproductive harm. The list includes more than 900 chemicals. Please note that this list is not static; it changes and companies are required by law to be aware of such changes. The current list can be found here.
OEHHA has made some major changes to warning language and structure of safe harbor warnings under the new Proposition 65 for consumer product exposures. Amendments will require the following:
- A pictogram consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline
- The Signal word WARNING must be in bold, all capital letters;
- The URL of the lead agency website must be listed for additional information;
- Specification of at least one chemical for each of the endpoints; and
- The specific safe harbor statement applicable to that product for carcinogens and/or reproductive toxins, for example, “This product can expose you to chemicals including [name of one or more chemicals] which is [are] known to the State of California to cause cancer. For more information go to P65Warnings.co.gov.”
Have you looked over your formulations lately to determine if you require these warnings? In my experience, many suppliers have reformulated to remove California Prop 65 chemicals from needing disclosure. Your current SDS may need to be updated to include the new statements and pictogram.
Contact us today for more information. We’d be happy to update your existing SDS to include the new Prop 65 warnings as well as help you with your label requirements.