Proposition 65 Regulatory Update, Compliance and Defense

Proposition 65 Regulatory Update, Compliance and Defense

Proposition 65 – the California Safe Drinking Water and Toxics Enforcement Act, a well-recognized product labeling, signage and Safety Data Sheet (SDS) regulatory requirement for products and other exposures in California will be changing its mandatory warning methods and content effective August 30, 2018.

Any business printing warnings on product labels, posting warning signs or providing OSHA Hazard Communication labels and SDSs will need to know what changes are required under the revised safe harbor regulations in Title 27, California Code of Regulations, Sections 25601, et seq. Highlights of the changes include:

• Specific wording of warnings that differs from previous safe harbor language.
• Mandatory listing of at least 1 cancer-causing and/or reproductive harm-causing chemical.
• A new short-form label warning method eliminating the naming of any chemicals.
• All Proposition 65 warnings must display the link, “www.P65Warnings.ca.gov”.
• Signage for environmental warnings must meet the above requirements, as well as placement and print size.
• There are specified warnings for certain types of activities in terms of wording, placement and other information.
• All Proposition 65 warners will be notified by OEHHA as to how and when to populate the P65Warnings website.