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Prop 65 Article 6 Update

OEHHA

 

California’s Office of Environmental Health Hazard Assessment (OEHHA) approved the amendments to Prop 65’s Article 6, Clear and Reasonable Warnings, on August 30, 2016. These amendments repeals sections with the new regulation and will be divided into two new subarticles to Article 6. The repeal and new regulations will help provide the correct methods of transmission and content of warnings for compliance to the Safe Drinking and Toxic Enforcement Act of 1986.

 

Some of the New Proposition 65 warnings/ amendments will include:

 

 

 

 

 

Current Text

 

 

New Regulatory Text

 

 

 

 

25602- Definitions

 

 

 

Example:

 

 

 

“Affected Area” means an area in which the exposure to the particular chemical is known to the State of California to cause cancer or reproductive harm, at a level the requires clear warnings.

 

 

 

“Label” is a display of printed, written, or graphic matter on the product or its container.

 

 

 

 

 

 

 

 

25600.1- Definitions

 

 

 

Example:

 

 

 

“Affected Area” is the area which an exposure to a chemical can occur at a level the requires warning.

 

 

 

 

 

“Label” is a display of written, printed, or graphic material that is affixed to a product or its container or wrapping.

 

 

 

 

25603 Consumer Product Exposure Warnings- Content

 

 

 

25603.2 Consumer Products Exposure Warnings – Content

 

 

 

    1. The warning message must include the correct language:

 

 

a). For consumer products that contain a chemical known to the state to cause cancer must state:

 

WARNING: This product contains a chemical known to the State of California to cause cancer.

 

 

 

 

25603 Consumer Product Exposure Warnings- Content

 

 

 

    1. Unless it is otherwise specified in Section 25607.1 et seq., a warning must meet the requirements of this subarticle if it is provided using either one or more methods that are required in Section 25602 and includes the following elements:

 

 

(a).  A symbol must consist of a black exclamation point in a yellow triangle with a bold black outline. (If the sign, label or shelf tag is not printed using the colour yellow, the symbol can be printed on black and white.

 

(b). The word WARNING must be in capital letters and bold print.

 

For more information, please visit page 10 of OEHHA.

 

 

 

 

25607.6 Food and Non-Alcoholic Beverage Exposure Warning for Restaurants- Content  

 

 

 

There is no equivalent rule currently

 

 

 

 

 

 

 

 

 

 

 

 

25607.6 Food and Non-Alcoholic Beverage Exposure Warning for Restaurants- Content  

 

 

 

    1. Warnings within restaurants or other food facilities for on-site consumption must meet the requirements of this subarticle if it is provided using one or more of the following methods/ elements required in section 25607.5:

 

 

(a). The word “WARNING” must be in capital letters and bold print.

 

(b). “Certain foods and beverages sold or severed here can expose you to chemicals including acrylamide in many fried or baked foods, and mercury in fish, which are known to the state of California to cause cancer, birth defects or other reproductive harm”, must be present.

 

 

 

 

The new warning requirements were announced on August 30, 2016, and the regulation will be operative on August 30, 2018.

 

For more instructions and information, please visit the OEHHA website. Please contact Nexreg for Prop 65 Compliance assistance.

 

 

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