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California Proposition 65: Update to Proposed Amendments

By: Ivy Tang, Product Safety Specialist email

California’s Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65, was enacted in 1986 to ensure businesses provided consumers with a clear warning of exposure to products containing chemicals known to cause cancer and reproductive harm.

Last January, the California OEHHA (Office of Environmental Health Hazard Assessment) issued new Proposition 65 warning regulations. The latest revision of the proposal includes:

  • Updates to various definitions including ‘Food,’ ‘Retailer,’ and ‘Consumer Product Exposure’
  • Amendment to consumer exposure warnings from ‘this product contains…’ to ‘product can expose you…’
  • Highly specific product warnings and font sizes. The new warning signal is a black exclamation point enclosed in a yellow triangle
  • The disclosure of specific chemical substances and methods of exposure in the warning text
  • The inclusion of non- English warnings on labels containing non-English information

OEHHA has yet to publish the final regulatory text. The deadline for modifications to the proposal is November 2016. Businesses will be given a two year period to reach full compliance.

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