The Office of Environmental Health Hazard Assessment (OEHHA) is proposing new revisions to reform of how “clear and reasonable” warning is provided in California’s Proposition 65.
On November 27, 2015, the original proposed regulation reform for Prop 65 was released. Once released, the draft was followed by two comment periods and a public hearing requesting OEHHA to make further changes.
In response to the comments received from the original draft, OEHHA released another draft for the reform in March, 2016. However, this draft saw almost 200 trade and business comments asking for another updated draft, as it was described as difficult to work with.
The agency is now issuing a new draft for the propsed reform. Some examples of the changes to the newest draft will include:
- In Section 25600.1 (e) the word “consumer” was added. This aims to clarify the type of product that is intended to be included.
- Section 25603(a)(2)(E) will be added to allow for businesses to provide consumer product warning for a single chemical exposure.
- Section 25605(a) will be modified to allow for businesses to provide an environmental warning for a single chemical exposure.
OEHHA will be accepting comments in regards to this specific draft until June 6, 2016. The agency will be responding to all comments that are relevant to the draft in their Final Statement of Reasons for the Regulation.