This news update on More Detailed Prop 65 Warnings is brought to you by Packaging Digest

The California Office of Environmental Health Hazard Assessment (OEHHA) has issued a pre-regulatory draft proposal, which would repeal the current regulatory warning requirements under Proposition 65 and adopt new ones that would require more detailed information. Currently, Proposition 65—also known as the Safe Drinking Water and Toxic Enforcement Act of 1986—prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual.

The existing Proposition 65 regulations establish general criteria for providing “clear and reasonable” warnings, including general message content and approved warning methods. These “safe harbor” messages and methods are considered clear and reasonable by OEHHA, the lead agency for implementation of Proposition 65.

OEHHA is proposing to repeal the requirement for a “safe harbor” message and replace it with a warning program that has two components: (1) a pre-exposure warning and (2) a web-based process for providing additional information. It would apply to all warnings for exposures to listed chemicals, whether from consumer products (including foods, alcoholic beverages, drugs and medical devices), environmental sources or in occupational settings. The proposal also redefines “consumer product” to include “food.”

To learn more about more detailed prop 65 warnings, please visit the Packaging Digest link above. If you have any questions about the more detailed prop 65 warnings, please contact Nexreg.