California Prop 65: Compliance Deadline

California Prop 65 “Clear and Reasonable Warnings” Countdown in 3 Weeks – Are you ready?

By: Kirsten Alcock, Manager of Product Safety, email

Two years ago, 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. These regulations are commonly referred to as Prop 65. Compliance with those regulatory changes is effective at the end of this month. Are your labels ready?

Under California Proposition 65, companies are required to provide explicit warnings prior to exposure if a particular chemical has been identified by the State to cause cancer and/or reproductive harm. At this point in time, the list includes more than 900 chemicals. This list, however, is updated regularly as new chemicals are added.

OEHHA has made some major changes to the 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 see the Prop 65 Warnings website.

Have you updated your label? Do you require help in doing so? The label experts at Dell Tech can help you determine if you need a warning and if so, what phrase is required on your label to be in compliance with California regulations. Do not hesitate any further. Contact us today for more information. We’d be happy to help you update your existing label to include the new Prop 65 warnings.

Contact:
Dell Tech
Kirsten Alcock, B.Sc. (Hons) 
Manager, Product Safety Group
519-858-5074
kirsten@delltech.com

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