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Substantial Changes to Proposition 65 Warning Regulations Effective August 30, 2018

The Office of Environmental Health Hazard Assessment (OEHHA) adopted substantial changes to the warning regulations under The Safe Drinking Water and Toxics Enforcement Act of 1986, commonly referred to as Proposition 65. These new regulations become effective August 30, 2018. Under the new regulations, OEHHA clarifies that the primary responsibility for providing warnings to consumers lies with the manufacturer, distributor, producer, and/or packager, rather than the retailer, except under specific circumstances. The primary responsibility of the retailer is to place and/or maintain the warning materials received. More significantly, the new regulations specify new requirements for warnings under Proposition 65. Unless certain exceptions apply, each warning is required to include:

(1) The name of one or more listed chemicals

(2) A warning symbol (exclamation point in a yellow triangle)

(3) The signal word, “WARNING”

(4) The words “can expose you to” (rather than “contains”)

(5) The OEHHA URL.

For more information about the OEHHA warning regulation changes, please click here. For a detailed description of how ToxStrategies can assist clients in navigating these new warning requirements and other issues related to Proposition 65, please see our service page here for more details.