In light of alterations to the Proposition 65 warning requirements that came into being in 2018, a significant number of corporations opted for the usage of the “short-form” warning, which doesn’t mandate the identification of a specific chemical. Nevertheless, on the 27th of October, 2023, the Office of Environmental Health Hazard Assessment (“OEHHA”) publicized a notice of proposed rulemaking. They revealed their intention to propose changes to the Prop. 65 warning regulations, as detailed in 27 C.F.R. §§ 25601, et seq..
This information was reported on JDSupra and indicates potential significant amendments to the existing setup. The unambiguous details of the proposed changes remain undisclosed at this time, but the implication is that they could impact the manner in which businesses communicate potential exposure to known carcinogens, reproductive toxicants, and other hazardous substances under Prop. 65.
Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a Californian law that mandates businesses with ten or more employees to give clear and reasonable warnings about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. Since its inception, many businesses have been challenged to evolve with the changing regulations of the legislation.
Earlier rules permitted for a concise “short-form” warning that doesn’t necessitate the identification of specific chemicals, an advantage many businesses appreciated. However, the new proposed changes might impose more substantial requirements on businesses, potentially causing a shift in strategies and approaches as they work to comply with the ever-evolving landscape of Prop. 65.