California OEHHA Proposes Changes to Sections of Proposition 65

The California Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency responsible for implementing Proposition 65 and therefore may authorise amendments to the Act. The purpose of Prop 65 is to better inform Californians about potential exposures to chemicals which may cause cancer, birth defects or other reproductive harm by mandating warning requirements. OEHHA has announced that changes to specific sections of Prop 65 have been proposed that are meant to help clarify the requirements under Title 27, Article 6 of the California Code of Regulations: Clear and Reasonable Warnings. The effective date of the new regulations will be August 30, 2018. OEHHA does not anticipate any “inconsistency or incompatibility with existing regulations.” Local agencies and school districts will not be fiscally impacted by the changes. Cost impacts on businesses and private persons are also not anticipated because no new mandatory requirements are imposed by the amendments. The proposed action even provides compliance assistance to businesses subject to the Act. In OEHHA’s Notice, it is reiterated that “the action simply clarifies or adds specificity to the existing regulations.”

Additionally, OEHHA has proposed to adopt two new sections of Article 6 (§25607.32 and §25607.33) which include specific warnings for hotel exposures. These regulations are meant to provide additional guidance to establishments to comply with the existing Prop 65 regulations. The public is encouraged to write to OEHHA with comments on the proposed regulatory action before 7 September 2017.

Further information is available at:

ChemAdvisor, 27 July 2017 ; https://www.chemadvisor.com